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15 Sep 2017 / Australia

Sanctions

The Australian Maritime Safety Authority (AMSA) has issued a reminder about offences which arise under the country’s sanction laws. Sanction laws may, among other things, prohibit: the export or import of certain goods to or from certain countries, entities and individuals; and the provision of related services including transport.

The AMSA Marine Notice 11/2017 dated September 2017 states that Marine Offences apply in a range of circumstances, including where conduct constituting an alleged offence occurs on board an Australian aircraft or an Australian ship.

Australian sanction laws implement two types of sanctions regimes: United Nations Security Council (UNSC) sanctions regimes and Australian autonomous sanctions regimes. UNSC sanctions regimes apply to: ISIL (Da’esh) and Al-Qaida, Counter-Terrorism, the Central African Republic, the Democratic Republic of the Congo, Eritrea, Guinea-Bissau, Iraq, Lebanon, Sudan, South Sudan, Somalia, the Taliban and Yemen. Australia implements Australian autonomous sanctions regimes in relation to: The Former Federal Republic of Yugoslavia, Myanmar, Syria, Ukraine/Russia, and Zimbabwe. Australia implements both UNSC sanctions regimes and Australian autonomous sanctions regimes in relation to: Iran, the Democratic People’s Republic of Korea (DPRK) and Libya.

Offences arising under Australian sanctions laws may apply to conduct that occurs on board an Australian ship. It can be a criminal offence under both the UN Act and the AS Act for an individual or body corporate to make a ‘sanctioned supply’ of ‘export sanctioned goods’ or a ‘sanctioned import’ of ‘import sanctioned goods’ without authorisation; or to provide the services of an Australian ship to assist with, or in relation to, a ‘sanctioned supply’ or a ‘sanctioned import’ without authorisation.

For individuals, these offences are punishable by imprisonment for up to 10 years, or by a fine of the greater of three times the value of the transaction/s or 2,500 penalty units ($525,000) as at 1 July 2017. For bodies corporate, these offences are punishable by a fine of the greater of three times the value of the transaction/s or 10,000 penalty units ($2.1 million) as at 1 July 2017. For bodies corporate these are strict liability offences.

For information about operations in Australia contact GAC Australia at [email protected]

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