Targeted financial sanctions

This page summarises the targeted financial sanctions imposed on designated persons and entities for the DPRK, including new measures and provisions that came into effect on 5 August 2017.

UNSC sanctions regime

Australian law prohibits:

  • the use of or dealing with a 'controlled asset', or allowing or facilitating the use of or dealing with a 'controlled asset', and
  • making an asset directly or indirectly available to a 'designated person or entity' for the DPRK, a person acting on behalf of or at the direction of a 'designated person or entity' for the DPRK, or an entity owned or controlled by a 'designated person or entity' for the DPRK,

unless the action is authorized by a permit.

A 'controlled asset' is defined to mean:

  • an asset owned or controlled by:
    • a designated person or entity
    • a person acting on behalf of or at the direction of a designated person or entity, or
    • an entity owned or controlled by a designated person or entity, including through illicit means,
  • assets derived from an asset owned or controlled, directly or indirectly by:
    • a designated person or entity,
    • a person acting on behalf of or at the direction of a designated person or entity, or
    • an entity owned or controlled by a designated person or entity, including through illicit means, or
  • a vessel designated by the Committee for the purposes of paragraph 12(d) of UNSC resolution 2321.

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
  • an 'extraordinary expense dealing'

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

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

  • the 'designated person or entity' involved is one designated by the Minister for Foreign Affairs under Regulation 4A, and
  • the asset is required to carry out activities of:
    • the DPRK's missions to the UN, or a specialized agency or related organization of the UN, or
    • other diplomatic or consular missions of the DPRK, or
    • the Committee has determined that the asset is required for the delivery of humanitarian assistance, denuclearization or any other purpose consistent with the objectives of United Nations Security Council Resolution 2270.

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 United Nations Security Council Committee established pursuant to Resolution 1718 (2006) 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 the DPRK, and
  • making an asset available directly or indirectly to, or for the benefit of, a 'designated person or entity' for the DPRK

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

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 the DPRK 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 the DPRK may submit a de-listing request to the Minister for Foreign Affairs under regulation 11 of Autonomous Sanctions Regulations 2011.

Last Updated: 8 August 2017