Sanctions

The Taliban

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

The UNSC adopted resolution 1267 (1999) on 15 October 1999 imposing the sanctions regime in response to violations of international humanitarian law and of human rights, particularly discrimination against women and girls, and the continuing use of Afghan territory, especially areas controlled by the Taliban, for the sheltering and training of terrorists and planning of terrorist acts.

The UNSC adopted resolution 1333 (2000) on 19 December 2000 extending the sanctions regime in relation to the Taliban to apply also to Al-Qaida and Usama Bin Laden.  The single UNSC sanctions regime in relation to Al-Qaida and the Taliban was amended and renewed by several subsequent UNSC resolutions, until the UNSC adopted resolutions 1988 (2011) and 1989 (2011) on 17 June 2011 splitting the single sanctions regime into separate sanctions regimes in relation to Al-Qaida and the Taliban respectively. 

UNSC resolution 1988 (2011) re-imposed a sanctions regime in relation to the Taliban alone.  The sanctions regime has subsequently been amended and renewed by UNSC resolutions 2082 (2012) and 2160 (2014).

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

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 Taliban, or to a ‘designated person or entity’ for the UNSC sanctions regime in relation to the Taliban, of the following ‘export sanctioned goods’:

  • arms or related matériel.

The targeted financial sanctions imposed by the UNSC sanctions regime in relation to the Taliban also impose restrictions on the export or supply of goods to the Taliban, or to a ‘designated person or entity’ for the sanctions regime.

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 not grant a sanctions permit authorising the supply of arms or related matériel to the Taliban, or to a ‘designated person or entity’ for the UNSC sanctions regime in relation to the Taliban.

Implementing legislation

Restrictions on the export or provision of services

Australian law prohibits the provision to the Taliban, or to a ‘designated person or entity’ for the UNSC sanctions regime in relation to the Taliban, of:

  • technical advice, assistance or training related to military activities.

The targeted financial sanctions imposed by the UNSC sanctions regime in relation to the Taliban also impose restrictions on the export or provision of services to the Taliban, or to a ‘designated person or entity’ for the sanctions regime.

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 not grant a sanctions permit authorising an activity that would contravene this prohibition.

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 UNSC sanctions regime in relation to the Taliban; and
  • making an asset available directly or indirectly to, or for the benefit of, a ‘designated person or entity’ for the UNSC sanctions regime in relation to the Taliban.

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 ‘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 Taliban 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 UNSC sanctions regime in relation to the Taliban 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 Taliban 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.