On 23 December 2009 the United Nations Security Council (UNSC) adopted resolution 1907, imposing sanctions against Eritrea in response to the ongoing border dispute between Djibouti and Eritrea, as well as Eritrea's support to armed groups destabilising and undermining peace and reconciliation in Somalia, which the UNSC determined constituted a threat to international peace and security.
On 5 December 2011 the United Nations Security Council (UNSC) adopted resolution 2023 imposing additional sanctions in relation to Eritrea. Resolution 2023 requires:
- Eritrea to cease using extortion, threats of violence, fraud and illicit means to collect taxes outside of Eritrea from its nationals or individuals of Eritrean descent;
- States to undertake appropriate measures to hold accountable, consistent with international law, those individuals on their territory who are acting, officially or unofficially, on behalf of the Eritrean government or the PFDJ contrary to the above requirement;
- States to prevent funds derived from the mining sector of Eritrea contributing to violations of resolutions 1844 (2008), 1862 (2009), 1907 (2009) or this resolution, by undertaking appropriate measures to promote the exercise of vigilance by their nationals, persons subject to their jurisdiction and firms incorporated in their territory or subject to their jurisdiction that are doing business in this sector in Eritrea including through the issuance of due diligence guidelines.
Any Australian company involved in the mining sector in Eritrea should exercise vigilance to ensure funds derived from their involvement are not contributing to breaches by Eritrea of the arms embargo in relation to Somalia.
Australian law currently prohibits the following conduct:
1. The supply, sale or transfer to Eritrea of arms and related materiel
- Charter of the United Nations (Sanctions – Eritrea) Regulations 2010, regulation 8
- Customs (Prohibited Exports) Regulations 1958, regulation 13CR
2. The procurement of arms or related materiel from Eritrea
- Charter of the United Nations (Sanctions – Eritrea) Regulations 2010, regulation 9
- Customs (Prohibited Imports) Regulations 1956, regulation 4ZA
3. The provision of technical assistance or training, financial or other assistance to Eritrea, related to
(a) military activities or
(b) the provision, manufacture, maintenance or use of arms or related materiel
4. The procurement of technical assistance or training, financial or other assistance from Eritrea or a person or entity in Eritrea, related to
(a) military activities or
(b) to the provision, manufacture, maintenance or use of arms and related materiel
5. The supply of arms and related materiel to a person or entity listed by the Security Council or the Committee established pursuant to resolution 751 (1992) (“the Committee”)
6. The provision of technical assistance, training, or financial services to a person or entity listed by the Security Council or the Committee
7. The use or dealing with the assets of, and the making available of assets to, a person or entity listed by the Security Council or the Committee other than as authorised by a permit issued by the Minister for Foreign Affairs.
- Charter of the United Nations (Sanctions – Eritrea) Regulations 2010, regulations 12 and 13
- Charter of the United Nations (Dealing with Assets) Regulations 2008
- Consolidated List [Excel 1.55 MB] of persons, entities and assets subject to UN Security Council financial sanctions as provided for by regulation 40 of the Charter of the United Nations (Dealing with Assets) Regulations 2008
- Australia's Implementation of United Nations Security Council Financial Sanctions
8. The entry or transit through Australia of persons listed by the Security Council or the Committee.
Contravention of a UN sanction enforcement law carries severe penalties and is a strict liability offence for bodies corporate. See How are UN sanctions implemented in Australia? for further information.
Authorisations and inquiries
To apply for an authorisation to engage in conduct otherwise prohibited by sanctions, or to make an inquiry as to whether a specific transaction is subject to sanctions, please use the Online Sanctions Administration System.