Iran

Iran sanctions changes

Financial transactions involving Iran

The Anti-Money Laundering and Counter-Terrorism Financing (Iran Countermeasures) Regulation 2014, was repealed on the 27 February 2016. This means that you are no longer required to obtain authorisation from the Department of Foreign Affairs and Trade in relation to financial transactions with Iran of $20,000 or more.

UN and Autonomous sanctions

The Australian Government is implementing changes to Australia’s sanctions on Iran in line with our international obligations under UN Security Council resolutions, including UN Security Council 2231 (2015).

The Australian Government has also decided to repeal certain autonomous sanctions on Iran, while others will remain in place.

Australia fully implements the United Nations Security Council (UNSC) sanctions regime in relation to Iran.

The UNSC adopted resolution 2231 (2015) on 20 July 2015, which, once the International Atomic Energy Agency declared that Iran had reformed its nuclear program in line with the Joint Comprehensive Program of Action (also known as Implementation Day), terminated sanctions imposed under UNSC resolutions 1696 (2006), 1737 (2006), 1747 (2007), 1803 (2008) and 1929 (2010). Implementation Day occurred on 16 January 2016.

Even though UNSC resolution 2331 (2015) terminated previous UNSC sanctions, it also imposed measures that restrict certain activities.

Australia also implements an autonomous sanctions regime in relation to Iran. This page summarises the current sanctions measures imposed by the sanctions regimes implemented by Australia in relation to Iran.

This page also includes information on de-listing requests from a designated person or entity and useful links.

Restrictions on the export or supply of goods

UNSC sanctions regime (this regime is currently being updated)

Australian law prohibits the direct or indirect supply, sale or transfer to Iran of the following ‘export sanctioned goods’:

  • goods mentioned in a document specified by the Minister for Foreign Affairs and included within the Charter of the United Nations (Sanctions – Iran) Document List 2014 including:
    • items mentioned in the Guidelines for the Export of Nuclear Material, Equipment and Technology INFCIRC/254/Rev.12/Part 1;
    • items mentioned in the Guidelines for Transfers of Nuclear-related Dual use Equipment, Materials, Software and Related Technology - INFCIRC/254/Rev.9/Part 2;
    • items, materials, equipment, goods and technology related to ballistic missile-related programmes mentioned in S/2012/947, S/2006/985 and S/2015/546.
  • items that the Minister for Foreign Affairs has determined could, if exported to Iran, contribute to Iran's enrichment-related, reprocessing or heavy water-related activities, to the development of nuclear weapon delivery systems, or to the pursuit of activities related to other topics about which the IAEA has expressed concerns or identified as outstanding mentioned in the Charter of the United Nations (Sanctions - Iran) (Export Sanctioned Goods) List Determination 2008;
  • any battle tanks, armoured combat vehicles, large calibre artillery systems, combat aircraft, attack helicopters, warships, missiles or missile systems as defined for the purpose of the United Nations Register of Conventional Arms, or related materiel, including spare parts;

without a sanctions permit.

Conditions for the grant of a sanctions permit

The Minister for Foreign Affairs may grant a sanctions permit authorising the supply, sale or transfer of ‘export sanctioned goods’ if:

  • the goods are ‘permissible goods’; or
  • all of the following apply:
    • the contract for delivery of the goods includes appropriate end-user guarantees
    • the Minister has obtained a commitment from the Government of Iran not to use the goods in the proliferation of sensitive nuclear activities or for the development of nuclear weapon delivery systems;
    • the Minister has obtained from the UNSC Security Council a determination in advance that the goods would clearly not contribute to the development of Iran’s technologies in support of its proliferation of sensitive nuclear activities or the development of nuclear weapon delivery systems.

Certain nuclear-related activities will require authorisation in advance from the UN Security Council through the Procurement Channel. These activities will also require the pre-approval of the Minister for Foreign Affairs.  If the Minister for Foreign Affairs has approved the proposed export, the Department of Foreign Affairs and Trade will seek the required authorisation from the UN, through the Procurement Channel. 

If you assess that your activity satisfies these conditions, you may apply for a sanctions permit using the Online Sanctions Administration System.

Implementing legislation

Australian autonomous sanctions regime

  1. Australian law prohibits the direct or indirect supply, sale or transfer to Iran, for use in Iran, or for the benefit of Iran, of the following ‘export sanctioned goods’ for Iran:

without a sanctions permit.

Conditions for the grant of a sanctions permit

The Minister for Foreign Affairs may grant a sanctions permit authorising an activity that would contravene these prohibitions if the Minister is satisfied that it would be in the national interest to do so.

If you assess that your activity satisfies this condition, you may apply for a sanctions permit using the Online Sanctions Administration System (OSAS).

Implementing legislation

Restrictions on the export or provision of services

UNSC sanctions regime (this regime is currently being updated)

  1. Australian law prohibits:
    • the provision to any person of, technical assistance or training, or financial assistance, or investment, brokering or other financial services, if it assists with, or is provided in relation to, a supply of ‘export sanctioned goods’;
    • the provision to any person of, technical assistance or training, or financial assistance, or investment, brokering or other financial services, if it assists with the manufacture or use of ‘export sanctioned goods’ in Iran, or on behalf of a person or entity in Iran;
    • the transfer of financial resources, if it relates to, the supply of ‘export sanctioned goods’, or the manufacture or use of export sanctioned goods in Iran, or by an Iranian national; and
    • the transportation of ‘export sanctioned goods’ , or the transportation of ‘import sanctioned goods’ in the course of being procured from Iran or from a person or entity in Iran
  2. without a sanctions permit.

  3. Australian law also prohibits the transfer of technology or technical assistance to Iran related to any activity related to ballistic missiles capable of delivering nuclear weapons, including launches using ballistic missile technology.

Conditions for the grant of a sanctions permit

Certain activities will require authorisation in advance from the UN Security Council. These activities will also require the pre-approval of the Minister for Foreign Affairs.  If the Minister for Foreign Affairs has approved the proposed export, the Department of Foreign Affairs and Trade will seek the required authorisation from the UN Security Council. 

If you assess that your activity satisfies these conditions, you may apply for a sanctions permit using the Online Sanctions Administration System.

Implementing legislation

Australian autonomous sanctions regime

  1. Australian law prohibits the provision to any person of:
    • technical advice, assistance or training;
    • financial assistance;
    • a financial service; or
    • another service

    if it assists with, or is provided in relation to:

    • the direct or indirect supply, sale or transfer of an ‘export sanctioned good’ for Iran to Iran, for use in Iran, or for the benefit of Iran
  2. without a sanctions permit.

Conditions for the grant of a sanctions permit

The Minister for Foreign Affairs may grant a sanctions permit authorising an activity that would otherwise contravene these prohibitions if the Minister is satisfied that it would be in the national interest to do so.

If you assess that your activity satisfies this condition, you may apply for a sanctions permit using the Online Sanctions Administration System (OSAS).

Implementing legislation

 

Restrictions on the import, procurement, purchase or transport of goods

UNSC sanctions regime (this regime is currently being updated)

Australian law prohibits the procurement from Iran, or from a person or entity in Iran, of the following ‘import sanctioned goods’:

  • goods mentioned in a document specified by the Minister for Foreign Affairs and included within the Charter of the United Nations (Sanctions – Iran) Document List 2014 including:
    • items mentioned in the Guidelines for the Export of Nuclear Material, Equipment and Technology INFCIRC/254/Rev.12/Part 1;
    • items mentioned in the Guidelines for Transfers of Nuclear-related Dual use Equipment, Materials, Software and Related Technology - INFCIRC/254/Rev.9/Part 2;
    • items, materials, equipment, goods and technology related to ballistic missile-related programmes mentioned in S/2012/947, S/2006/985 and S/2015/546.
  • arms or related matériel.

Implementing legislation

Conditions for the grant of a sanctions permit

Certain nuclear-related activities will require authorisation in advance from the UN Security Council through the Procurement Channel. These activities will also require the pre-approval of the Minister for Foreign Affairs.  If the Minister for Foreign Affairs has approved the proposed export, the Department of Foreign Affairs and Trade will seek the required authorisation from the UN, through the Procurement Channel. 

If you assess that your activity satisfies these conditions, you may apply for a sanctions permit using the Online Sanctions Administration System.

Restrictions on commercial activities

UNSC sanctions regime (this regime is currently being updated)

  1. Australian law prohibits:
    • The sale or otherwise making available, of an interest in a ‘sensitive commercial activity’ to
      • Iran
      • An Iranian national; or
      • An entity incorporated in Iran or subject to Iranian jurisdiction; or a
      • a person or entity acting on behalf of, or at the discretion of, Iran, an Iranian national, or an entity incorporated in Iran or subject to Iranian jurisdiction; or
      • an entity owned or controlled by Iran, an Iranian national, or an entity incorporated in Iran or subject to Iranian jurisdiction.

A ‘sensitive commercial activity’ means a commercial activity involving:

  • uranium mining; or
  • uranium production; or
  • the use of nuclear materials or technology listed in INFCIRC/254/Rev.9/Part 2:  
    • uranium-enrichment and reprocessing activities; or
    • all heavy-water activities; or
    • the development of technology related to ballistic missiles capable of delivering nuclear weapons.

Conditions for the grant of a sanctions permit

Certain activities will require authorisation in advance from the UN Security Council. These activities will also require the pre-approval of the Minister for Foreign Affairs.  If the Minister for Foreign Affairs has approved the proposed export, the Department of Foreign Affairs and Trade will seek the required authorisation from the UN Security Council. 

If you assess that your activity satisfies these conditions, you may apply for a sanctions permit using the Online Sanctions Administration System.

Implementing legislation

Targeted financial sanctions

UNSC sanctions regime (this regime is currently being updated)

Australian law prohibits:

  • the use of or dealing with an asset that is owned or controlled by a ‘designated person or entity’ for Iran; and
  • making an asset available, directly or indirectly, to or for the benefit of
    • a ‘designated person or entity’ for Iran; or
    • a person or entity acting on behalf of or at the direction of a ‘designated person or entity’ for Iran; or
    • or an entity owned or controlled by a ‘designated person or entity’ for Iran

without a sanctions permit.

An ‘asset’ is defined broadly to include an asset or property of any kind, whether tangible or intangible, movable or immovable.

The Consolidated List includes the names of all designated persons and entities.

Conditions for the grant of a sanctions permit

The Minister for Foreign Affairs may be able to grant a sanctions permit authorising an activity that would contravene these prohibitions if the activity is:

  • a ‘basic expense dealing’;
  • a ‘legally required dealing’; or
  • a ‘contractual dealing’; or
  • a ‘required payment dealing’; or
  • an ‘extraordinary expense dealing’

as those terms are defined in regulation 5 of the Charter of the United Nations (Dealing with Assets) Regulations 2008.

If you assess that your activity satisfies this condition, you may apply for a sanctions permit using the Online Sanctions Administration System (OSAS).

The Minister may need to notify or receive the approval of the UNSC Iran Sanctions Committee before granting a sanctions permit.

Implementing legislation

Australian autonomous sanctions regime

Australian law prohibits:

  • the use of or dealing with an asset that is owned or controlled by a ‘designated person or entity’ for Iran; and
  • making an asset available directly or indirectly to, or for the benefit of, a ‘designated person or entity’ for the Iran

without a sanctions permit.

An ‘asset’ is defined broadly to include an asset or property of any kind, whether tangible or intangible, movable or immovable.

The Consolidated List includes the names of all designated persons and entities.

Conditions for the grant of a sanctions permit

The Minister for Foreign Affairs may grant a sanctions permit authorising an activity that would contravene these prohibitions if:

  • the Minister is satisfied that it would be in the national interest to do so; and
  • the application for the sanctions permit is for ‘a basic expense dealing’, a ‘legally required dealing’, or a ‘contractual dealing’ as those terms are defined in regulation 20 of the Autonomous Sanctions Regulations 2011.

If you assess that your activity satisfies these conditions, you may apply for a sanctions permit using the Online Sanctions Administration System (OSAS).

Implementing legislation

Travel bans

UNSC sanctions regime

Australian law prohibits the entry into or transit through Australia of a ‘designated person’ for Iran without authorisation by the UNSC.

The Consolidated List includes the names of all designated persons.

Implementing legislation

Australian autonomous sanctions regime

Australian law prohibits a ‘declared person’ from travelling to, entering or remaining in Australia unless the Minister for Foreign Affairs waives this prohibition.

The Consolidated List includes the names of all declared persons.

Conditions for the waiver of a travel ban

The Minister for Foreign Affairs may waive this prohibition only:

  • on the grounds that it would be in the national interest; or
  • on humanitarian grounds.

Implementing legislation

De-listing requests from a designated person or entity

UNSC sanctions regime

A person or entity designated for the purposes of the UNSC sanctions regime in relation to Iran may submit a de-listing request either through the focal point for de-listing established by UNSC resolution 1730 (2006), or through the person or entity’s country of citizenship or residence. 

Australian autonomous sanctions regime

A person or entity designated or declared for the purposes of the Australian autonomous sanctions regime in relation to Iran may submit a de-listing request to the Minister for Foreign Affairs under regulation 11 of Autonomous Sanctions Regulations 2011.

Last Updated: 9 March 2016