Federal Register of Legislation - Australian Government

Primary content

Exemptions as amended, taking into account amendments up to Banking (Foreign Exchange) Regulations 1959 - Direction Relating to Foreign Currency Transactions and to Syria - Amendment to the Annex - Variation of Exemptions - Amendment to the Annexes - (28/07/2011)
This Direction implements financial sanctions against certain key persons and entities involved in human rights abuses in Syria and prohibits foreign exchange transactions in Australia, or involving Australian residents outside of Australia, that in some way relate to these individuals and entities.
Administered by: Treasury
Registered 25 Aug 2011
Start Date 03 Aug 2011
End Date 18 Oct 2011
Date of repeal 07 Mar 2012
Repealed by Banking (Foreign Exchange) Regulations 1959 - Revocation of Variations of Exemption and Direction Relating to Foreign Currency Transactions - Syria (22/02/2012)
Repealing Comments Revocations commence on the commencement of the Autonomous Sanctions (Designated and Declared Persons - Syria) List 2012

Direction relating to foreign currency transactions and to Syria (16/06/2011)

as amended

made under regulation 5 of the

Banking (Foreign Exchange) Regulations 1959

This compilation was prepared on 3 August 2011
taking into account amendments up to
Direction relating to foreign currency transactions and to Syria – Amendment to the Annex and Variation of Exemptions – Amendment to the Annexes (28/07/2011)

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra

 


Banking (Foreign Exchange) Regulations 1959

Direction relating to foreign currency transactions and to Syria (16/06/2011)

The Reserve Bank of Australia, pursuant to regulation 5 of the Banking (Foreign Exchange) Regulations 1959, hereby directs that:

1.                  a person must not, either on the person’s own behalf or on behalf of another person, buy, borrow, sell, lend or exchange foreign currency in Australia, or otherwise deal with foreign currency in any other way in Australia;

2.                  a resident, or a person acting on behalf of a resident, must not buy, borrow, sell, lend or exchange foreign currency outside Australia, or otherwise deal with foreign currency in any other way outside Australia;

3.                  a person must not be a party to a transaction, being a transaction that takes place in whole or in part in Australia or to which a resident is a party, that has the effect of, or involves, a purchase, borrowing, sale, loan or exchange of foreign currency, or otherwise relates to foreign currency

where the transaction relates to property, securities or funds owned or controlled directly or indirectly by, or otherwise relates to payments directly or indirectly to, or for the benefit of any person listed in the Annex to this direction.

The Annex to this direction may be amended from time to time. Any such amendment shall be taken as being part of this direction as from the date specified in the amendment.

This instrument comes into operation on 22 June 2011.

Dated at Sydney this 16th day of June 2011.

 

Annex

 

PERSON/ENTITY

DESCRIPTION

Al-Abbas, Amjad

Head of Political Security in Banias, has been involved in violence against demonstrators in Baida.

 

Al-Assad, Bashar

Born 11 September 1965 in Damascus; diplomatic passport No. D1903.

President of the Syrian Arab Republic, responsible for violence against demonstrators.

 

Al-Assad, Fawwaz

Involved in repression against the civilian population as part of the Shabiha militia.

 

Al-Asad, Mahir

aka Maher Al-Assad

Born 8 December 1967, diplomatic passport No. 4138

Brother of Syrian President Bashar Al-Asad and brigade commander in the Syrian Army’s 4th Armoured Division.

 

Al-Assad, Mundir

Involved in repression against the civilian population as part of the Shabiha militia.

 

Al-Chaar, Mohammad Ibrahim

Syria’s Minister for Interior, has been involved in violence against demonstrators.

 

Al-Shara, Farouk

aka Faruq Al Shar’

Born 10 December 1938.

Vice President of the Syrian Arab Republic, responsible for violence against demonstrators.

 

Ghazali, Rustum

Head of Syrian Military Intelligence, and involved in repression against the civilian population.

 

Hassan, Jamil

Head of Syrian Airforce Intelligence, has been involved in the repression against the civilian population.

 

al Kuzbari, Nabil Rafik

Nabil Rafik al Kuzbari is the Chairman of Chan Holding and acts on behalf of Rami Makhlouf.  Chan Holding is tied to public corruption in Syria and is owned by Rami Makhlouf, a designated individual.

 

Mahmoud, Ali Habib

Minister of Defence of the Syrian Arab Republic, responsible for violence against demonstrators.

 

Makhlouf, Hafez

Born 2 April 1971 in Damascus; diplomatic passport number 2246.

Colonel and Head of Unit in General Intelligence Directorate, Damascus Branch. Close to Mahir Al-Assad has been involved in violence against demonstrators.

 

Makhlouf, Rami

Born 10 July 1969 in Damascus; passport number 454224.

Syrian businessman and associate of Mahir Al-Assad, bankrolls the regime allowing violence against protestors.

 

Mamluk, Ali

aka Ali Mamlouk

Born 19 February 1946, Damascus, diplomatic passport No. 983

Director of Syria’s General Intelligence Directorate (GID)

 

Najib, Atif

aka Atef Najib

Cousin of Syrian President Bashar Al-Asad and head of Syria’s Political Security Directorate for Dar’a Province during March 2011.

 

Safar, Adel

Prime Minister of the Syrian Arab Republic, responsible for violence against demonstrators.

 

Qudsiyah, Abd Al-Fatah

Head of Syrian Military Intelligence, has been involved in the repression against the civilian population.

 

Zeitoun, Mohammed Dib

Head of Political Security, has been involved in violence against demonstrators.

 

Al Mashreq Investment Fund

Al Mashreq Investment Fund is tied to public corruption in Syria and is owned by Rami Makhlouf, a designated individual.

 

Bena Properties

Bena Properties is tied to public corruption in Syria and is owned by Rami Makhlouf, a designated individual.

 

Chan Holding

Chan Holding is tied to public corruption in Syria and is owned by Rami Makhlouf, a designated individual.

 

Syrian Air Force Intelligence (SAFI)

In late April 2011, security forces including personnel from SAFI fired tear gas and live ammunition to disperse crowds of demonstrators who took to the streets in Damascus and other cities after noon prayers, killing at least 43 people.

 

Syrian General Intelligence Directorate (GID)

 

Syrian Military Intelligence (SMI)

The Syrian Military Intelligence is one of the four major branches of Syria's security forces and has used force against and arrested demonstrators participating in the unrest.

 

Syrian National Security Bureau (NSB)

The Syrian National Security Bureau is an element of the Syrian Ba'ath Party and directed Syrian security forces to use extreme force against demonstrators.

 

Al Hassan, Bassam

Presidential Advisor for Strategic Affairs; involved in the crackdown on the civilian population.

 

Hamcho, Mohamed

Born 20 May 1966, passport no. 002954347.

Brother-in-law of Mahir Al-Assad (principal overseer of violence against demonstrators); businessman and local agent for several foreign companies; provides funding to the regime allowing the crackdown on demonstrators.

 

Ikhtiyar, Hisham

Born in 1941.

Head of the Syrian National Security Bureau; involved in the crackdown on the civilian population.

 

Khayrbik, Muhammad Nasif

Born on 10 April 1937 (alt. 20 May 1937) in Hama, diplomatic passport no. 0002250.

Deputy Vice President of Syria for National Security Affairs; involved in the crackdown on the civilian population.

 

Makhlouf, Ihab

aka Ehab Makhlouf, aka Iehab Makhlouf.

Born 21 January 1973 in Damascus, passport no. N002848852.

Vice-President of SyriaTel and caretaker for Rami Makhlouf’s US company; provides funding to the regime allowing the crackdown on demonstrators.

 

Makhlouf, Iyad

aka Eyad Makhlouf.

Born 21 January 1973 in Damascus, passport no. N001820740.

Brother of Rami Makhlouf (businessman who provides funding to the regime) and GID officer involved in the crackdown on the civilian population.

 

Rajiha, Dawud

Chief of Staff of the Armed Forces responsible for the military involvement in the crackdown on peaceful protestors.

 

Shawkat, Asif

Born 15 January 1950 in Al-Madehleh, Tartus.

Deputy Chief of Staff for Security and Reconnaissance; involved in the crackdown on the civilian population.

 

Notes to the Direction relating to foreign currency transactions and to Syria (16/06/2011)

Note 1

The Direction relating to foreign currency transactions and to Syria (16/06/2011) (in force under regulation 5 of the Banking (Foreign Exchange) Regulations 1959) as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Title

Date of FRLI registration/
notification in
Gazette

Date of
commencement

Application, saving or
transitional provisions

Direction relating to foreign currency transactions and to Syria (16/06/2011)

21 June 2011 (see F2011L01115)

22 June 2011 (see Gazette 2011, No. GN24)

22 June 2011

 

Direction relating to foreign currency  transactions and to Syria – Amendment to the Annex and Variation of Exemptions – Amendment to the Annexes (28/07/2011)

2 Aug 2011 (see F2011L01591)

3 Aug 2011 (see Gazette 2011, No. GN30)

3 Aug 2011

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

Annex.............................................

rs. F2011L01591