Sanctions

Somalia

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

The UNSC adopted resolution 733 (1992) on 23 January 1992 imposing the sanctions regime in response to the deterioration of the conflict in Somalia, the heavy loss of life and the widespread material damage resulting from the conflict, which the UNSC considered a threat to international peace and security.  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 Somalia.

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

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

  • weapons and military equipment

without a sanctions permit.

2. Australian law also prohibits the direct or indirect supply, sale or transfer to a ‘designated person or entity’ for Somalia of the following ‘export sanctioned goods’:

  • weapons and military equipment.

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 the supply of weapons or military equipment to Somalia if the supply is made for one of the purposes set out in regulation 9 of the Charter of the United Nations (Sanctions – Somalia) Regulations 2008.  They are not reproduced here for reasons of space.

The Minister may not grant a sanctions permit authorising the supply of weapons or military equipment to a ‘designated person or entity’ for Somalia.

If you assess that your activity satisfies these conditions, 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 Somalia and Eritrea Sanctions Committee before granting a sanctions permit.

Implementing legislation

Restrictions on the export or provision of services

1. Australian law prohibits:

  • the provision to Somalia of financing for the acquisition or delivery of weapons or military equipment; and
  • the direct or indirect provision to Somalia of technical advice, financial or other assistance, or training in relation to military activities

without a sanctions permit.

2.  Australian law also prohibits the direct or indirect provision to a ‘designated person or entity’ for Somalia of:

  • technical assistance or training;
  • financial assistance, including investment, brokering or other financial services; or
  • other assistance

if it relates to:

  • military activities; or
  • the supply, sale, transfer, manufacture, maintenance or use of weapons or military equipment.

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

Conditions for the grant of a sanctions permit

The Minister may be able to grant a sanctions permit authorising the provision of a service that would otherwise contravene the first prohibition explained above if the service would be provided for one of the purposes set out in regulation 11 of the Charter of the United Nations (Sanctions – Somalia) Regulations 2008.  They are not reproduced here for reasons of space.

If you assess that your activity would satisfy these conditions, 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 Somalia and Eritrea Sanctions Committee before granting a sanctions permit.

Implementing legislation

Restrictions on the import or procurement of goods

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

  • charcoal.

Conditions for the grant of a sanctions permit

The Minister for Foreign Affairs may not grant a sanctions permit authorising the procurement of charcoal from Somalia.

Implementing legislation

Targeted financial sanctions

Australian law prohibits:

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

unless the activity is:

  • authorised by a sanctions permit; or
  • consists of the payment of funds, other financial assets or economic resources necessary to ensure the timely delivery of urgently needed humanitarian assistance in Somalia by:
    • the United Nations, or a specialised agency or program of the United Nations;
    • a humanitarian organisation having observer status with the United Nations General Assembly that provides humanitarian assistance; or
    • an implementing partner of such a humanitarian organisation, including a bilaterally or multilaterally funded non-government organisation participating in the United Nations Consolidated Appeal for Somalia.

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’;
  • a ‘contractual 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 Somalia and Eritrea 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 Somalia 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 Somalia 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.