Sanctions

Democratic Republic of Congo

Australia fully implements the United Nations Security Council (UNSC) sanctions regime in relation to the Democratic Republic of Congo (the DRC).

The UNSC adopted resolution 1493 (2003) on 28 July 2003 imposing the sanctions regime in response to acts of violence systematically perpetrated against civilians, including massacres, other atrocities, and violations of international humanitarian law and human rights.  The sanctions regime has been amended and renewed by several subsequent UNSC resolutions.

This page summarises the current sanctions measures imposed by the UNSC and implemented by Australia in relation to the DRC.

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

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

without a sanctions permit.

Conditions for the grant of a sanctions permit

The Minister for Foreign Affairs may be able to grant a sanctions permit authorising the supply of arms or related matériel to the DRC if the supply:

  • is to the Government of the DRC;
  • is intended solely for the support of, or use by, the United Nations Mission in the DRC (MONUC);
  • is a supply of protective clothing that is temporarily exported to the DRC for the personal use of personnel of the United Nations, representatives of the media, humanitarian or development workers or associated persons
  • is a supply of non-lethal military equipment intended solely for humanitarian or protective use; or
  • a supply intended solely for the support of, or use by, the African Union Regional Task Force.

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 the UNSC DRC Sanctions Committee before granting a sanctions permit.

Implementing legislation

Restrictions on the export or provision of services

Australian law prohibits the provision to any person in the DRC of:

  • assistance, including financing and financial assistance; or
  • advice or training

if it is related to:

  • military activities

without a sanctions permit.

Conditions for the grant of a sanctions permit

The Minister for Foreign Affairs may be able to grant a sanctions permit authorising the provision of a service that would otherwise contravene this prohibition if the service:

  • is provided to the Government of the DRC;
  • consists of technical training and assistance intended solely for the support of, or use by, the United Nations Mission in the DRC (MONUC);
  • consists of technical assistance and training related to non-lethal military equipment intended solely for humanitarian or protective use; or
  • • is intended solely for the support of, or use by, the African Union Regional Task Force.

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 the UNSC DRC Sanctions Committee before granting a sanctions permit.

Implementing legislation

Targeted financial sanctions

Australian law prohibits:

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

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
  • 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 DRC Sanctions Committee before granting a sanctions permit.

Implementing legislation

Travel bans

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

The Consolidated List includes the names of all designated persons.

Implementing legislation

De-listing requests from a designated person or entity

A person or entity designated for the purposes of the UNSC sanctions regime in relation to the DRC 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.