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Autonomous Sanctions (Designated Persons
and Entities and Declared Persons – Democratic People's Republic of Korea)
Amendment List 2013
FRLI: F2013L02049
Portfolio: Foreign Affairs and Trade
Tabled: House of Representatives
and Senate, 9 December 2013
Summary of committee concerns
2.1
The committee reiterates the comments of its predecessor committee in
relation to the Autonomous Sanctions regime and has deferred consideration of
these instruments in greater detail until it has received the government's
response to its request that a review of the sanctions regime be undertaken.
Overview
2.2
The predecessor to this committee discussed the autonomous sanctions
regime in its Sixth and Tenth Reports of 2013.[1]
2.3
The Autonomous Sanctions (Designated Persons and Entities – Democratic
People's Republic of Korea) List 2012 sets out a list of persons and entities
proscribed by the Minister under the Regulations. The new sanctions include
financial and travel restrictions on additional persons and entities associated
with the Democratic People's Republic of Korea's (DPRK) weapons of mass
destruction proliferation activities.
Compatibility with human rights
Statement of compatibility
2.4
The statement of compatibility accompanying the instrument does not
state the objective of the instrument (however, this is set out in the
explanatory statement) or identify the human rights engaged by it. Nonetheless,
the statement of compatibility concludes that the instrument is compatible with
human rights.
2.5
The explanatory statement states that the imposition of further
Australian autonomous sanctions is designed to increase pressure on the DPRK to
comply with its nuclear non-proliferation obligations and with United Nations
Security Council resolutions and to engage in serious negotiations on its
nuclear and missile programs.
2.6
The statement of compatibility states that a person or entity subject to
designation or declaration under the Regulations may apply to the Minister for
revocation of that decision and that such decisions are judicially reviewable.
The statement explains the effect of designation on the person or entity's
ability to access their assets.
2.7
In its consideration of the autonomous sanctions regime in its Sixth
Report of 2013 and Tenth Report of 2013, the committee noted that:
The effect of designation (which can apply to a person both
in and outside Australia) is that the person's assets (including money held in
bank accounts) are frozen and can only be made available to them if the
Minister grants a permit. A permit will only allow funds to be made available
for basic expenses (such as foodstuffs, rent, medicines and taxes), or where a
payment is legally or contractually required to be made. In addition, designation
under this regime will have flow-on effects so that the Minister for
Immigration and Citizenship will deny the issue of a new visa or cancel an
existing visa issued to a designated person.[2]
2.8
The committee noted the complexity of this policy area and the need for
careful consideration of competing interests. The committee also noted the
Minister's preparedness to discuss the broader concerns about human rights
compatibility to which autonomous sanctions regimes give rise and wrote to the
Minister asking whether the Department of Foreign Affairs and Trade might
conduct a comprehensive review of the sanctions regime in light of Australia's
international human rights obligations and report back to the committee in the
44th Parliament. In his response, the former Minister stated that he
had instructed the Department of Foreign Affairs and Trade to carefully
consider the committee's recommendation.
2.9
The committee wrote to the Minister for Foreign Affairs and Trade
following the tabling of its First Report of the 44th Parliament
to draw her attention to the committee's consideration of these matters and its
request for a review of the human rights compatibility of the sanctions regime
and to request advice on the progress of this matter.[3]
2.10
The committee intends to defer more detailed consideration of
this instrument until it has received the Minister's response to its request
for advice on the progress of the Department of Foreign Affairs and Trade's
consideration of the committee's request for a comprehensive review of the
sanctions regime in light of Australia's international human rights
obligations.
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