EXPLANATORY STATEMENT
Issued by the Authority of the Minister for Foreign Affairs
Charter of the United Nations (Sanctions-Iran) Regulations 2008
Charter of the United Nations (Sanctions – Iran) Document List Amendment 2016
The Charter of the United Nations (Sanctions – Iran) Document List Amendment 2016 (the Iran List) amends the Charter of the United Nations (Sanctions-Iran) Document List 2014 to list documents specified by the Minister with reference to decisions of the former United Nations 1737 (Iran) Sanctions Committee and as required by UN Security Council Resolution 2231 (2015). The documents referred to in the Iran List detail goods determined to be prohibited for export to, or importation from, Iran, The goods listed in these documents will be implemented in the definition of export and import sanctioned goods for the purposes of the Charter of the United Nations (Sanctions-Iran) Regulations 20008.
Section 6(3) of the Charter of the United Nations Act 1945 provides that regulations made for the purposes of giving effect to decisions of the UNSC may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time despite subsection 14(2) of the Legislative Instruments Act 2003.
No public consultation was undertaken in relation to the Iran List, as it implements Australia’s international legal obligations arising from decisions of the UNSC. The Department of Foreign Affairs and Trade conducts regular outreach to the Australian business community to explain Australian sanctions laws implementing UNSC sanctions.
Resolution 2231 was adopted under Article 41 of Chapter VII of the Charter and the measures are binding on Australia pursuant to Article 25 of that Charter. The relevant UNSC Resolutions can be found on the UN website (www.un.org).
Details of the Amendment Regulation are set out in the Annex.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Charter of the United Nations (Sanctions – Iran) Document List Amendment 2016
The Charter of the United Nations (Sanctions – Iran) Document List Amendment 2016 (the Iran List) is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
The Iran List creates a list of United Nations Security Council and International Atomic Energy Agency documents, as specified by the Minister pursuant to the Charter of the United Nations (Sanctions-Iran) Regulations 2008 (the Iran Regulations) that reference goods as decided by the 1737 (Iran) Sanctions Committee to be goods prohibited from export to, or importation from, Iran and as required by UN Security Council Resolution 2231.
The goods referenced in these documents have been incorporated into the definition of export sanctioned goods and import sanctioned goods for the purposes of Regulations 5 and 6 respectively of the Iran Regulations.
The Iran List protects human rights by ensuring that persons and entities that violate measures imposed by the UN Security Council will be subject to UN Security Council sanctions.
ATTACHMENT
Details of the Charter of the United Nations (Sanctions – Iran) Document List Amendment 2016
Section 1 – Name of Instrument
Section 1 provides that the name of the instrument is the Charter of the United Nations (Sanctions-Iran) Documents List Amendment 2016.
Section 2 – Commencement
Section 2 provides that the instrument commences on the day after it is registered.
Section 3 – Determination of documents
Section 3 provides for paragraph 5(1A) of the Charter of the United Nations (Sanctions-Iran) Regulations 2011, each Security Council and International Atomic Energy Agency document mentioned in an item in Schedule 1 is a document for Iran.
Schedule 1 – Amendments
Charter of the United Nations (Sanctions-Iran) Documents List Amendment 2016
Item [1] – INFCIRC/254/Rev.12/Part 1
Item [1] is an International Atomic Energy Agency (IAEA) Information Circular, covering a letter from the Chairman of the Nuclear Suppliers Group, dated 5 September 2014, to the IAEA, amending the Nuclear Suppliers Group Part 1 Guidelines for Nuclear Transfers (the Part 1 Guidelines). The Guidelines provide fundamental principles for safeguards and export controls that apply to nuclear transfers.
Item [2] – INFCIRC/254/Rev.9/Part 2
Item [2] is an International Atomic Energy Agency (IAEA) Information Circular, covering letter from the Chairman of the Nuclear Suppliers Group, dated 7 May 2010, to the IAEA, amending the Nuclear Suppliers Group Part 2 Guidelines for transfers of nuclear-related dual-use equipment, materials, software and related technology (the Part 2 Guidelines). The Part 2 Guidelines governs the export of nuclear-related dual-use items and technologies, including items that can make a major contribution to an unsafeguarded nuclear fuel cycle or nuclear explosive activity but which also have non-nuclear uses.
Item [3] - S/2012/947
Item [3] is a letter dated 20 December 2012 from the Permanent Representative of the United States of America to the President of the United Nations Security Council, updating the list of items, materials, equipment, goods and technology related to ballistic missile programmes.
Item [4] - S/2006/985
Item [4] is a letter dated 7 December 2006, from the Permanent Representative of the UK to the United Nations President of the Security Council, containing guidelines for sensitive nuclear-related transfers.
Item [5] - S/2015/546
Item [5] is a United Nations Security Council document, covering a letter from the Permanent Representative of the United States to the President of the Security Council concerning the Missile Technology Control regime list.