Sanctions

Iraq

On 15 December 2010 the United Nations Security Council (UNSC) adopted resolution 1957 (2010) terminating the weapons of mass destruction, missile, and civil nuclear-related measures imposed by paragraphs 8, 9, 10, 12 and 13 of resolution 687 (1991) and paragraph 3(f) of resolution 707 (1991), and as reaffirmed in subsequent relevant resolutions. On the same date the UNSC also adopted resolution 1956 (2010) terminating after 30 June 2011, the requirement in paragraph 20 of UNSC resolution 1483 (2003), that all proceeds from export sales of petroleum, petroleum products and natural gas from Iraq be deposited into the Development Fund for Iraq.

Although the UNSC has brought to an end a number of measures adopted during the Saddam Hussein era, it has not removed all sanctions in relation to Iraq.

As a consequence, Australian law continues to prohibit the following conduct:

1. Prohibition on the unauthorised supply, sale or transfer to Iraq of arms or related materiél

2. Prohibition on unauthorised dealings with illegally removed Iraqi cultural property

3. Prohibition on unauthorised dealings with assets of the previous government of Iraq that were located in Australia on 22 May 2003, or with assets removed from Iraq, or acquired by, a person or entity (PDF) designated by the Security Council or by the Committee established by the Security Council pursuant to resolution 1518 (2003) (the 1518 Committee)

Authorisations and inquiries

To apply for an authorisation to engage in conduct otherwise prohibited by sanctions, or to make an enquiry as to whether a specific transaction is subject to sanctions, please use the UN Sanctions Permit Management System.

UNSC financial sanctions

The obligation to freeze assets under UNSC resolutions concerning Iraq relates to funds or other financial assets or economic resources of the previous Government of Iraq or its state bodies, corporations, or agencies, located in Australia, as well as funds or other financial assets or economic resources that have been removed from Iraq, or acquired, by persons or entities designated by the UNSC in relation to Iraq.

Persons or entities designated by the UNSC in relation to Iraq are Saddam Hussein, other senior officials of the former Iraqi regime and their immediate family members, as well as entities owned or controlled, directly or indirectly, by them or by persons acting on their behalf or at their direction.

The purpose of this asset freeze is the return of the funds or other financial assets or economic resources referred to above to the Development Fund for Iraq. The financial sanctions regime in relation to Iraq is the only one not to impose an obligation to prevent assets being made available to designated persons or entities.

See also