Why are sanctions imposed?

The United Nations Security Council (UNSC) maintains a Taliban sanctions regime to promote the peace, stability and security of Afghanistan.  Australia implements UNSC sanctions by incorporating them into Australian sanctions law.

Australia's implementation of the humanitarian exemption to the Taliban sanctions regime

The UNSC adopted resolution 2615 on 22 December 2021 establishing a humanitarian exemption to the UNSC sanctions regime in relation to the Taliban.

Operative paragraph (OP) 1 of resolution 2615 'decides that humanitarian assistance and other activities that support basic human needs in Afghanistan are not a violation of paragraph 1(a) of resolution 2255 (2015), and that the processing and payment of funds, other financial assets or economic resources, and the provision of goods and services necessary to ensure the timely delivery of such assistance or to support such activities are permitted'.

The humanitarian exemption to the UNSC Taliban sanctions regime has automatic effect in Australia by operation of section 2B of the Charter of the United Nations Act 1945. Accordingly, assistance or activities covered by OP1 of resolution 2615 do not constitute an offence under Australian sanctions laws.

OP1 of resolution 2615 also 'strongly encourages providers relying on this paragraph to use reasonable efforts to minimise the accrual of any benefits, whether as a result of direct provision or diversion, to individuals or entities designated on the 1988 Sanctions List'. The Australian Sanctions Office expects Australians and Australian organisations to provide assistance and conduct their activities accordingly.

If you have any questions about the humanitarian exemption to the Taliban sanctions regime, you can contact the Australian Sanctions Office through our online portal, Pax .

What is prohibited by the Taliban sanctions regime?

The Taliban sanctions regime imposes the following sanctions measures:

Restrictions on supplying arms or related matériel

It is prohibited to directly or indirectly supply, sell or transfer arms or related matériel to the Taliban or to another person or entity designated for the purpose of the Taliban sanctions regime.

Arms or related matériel includes, but is not limited to, weapons, ammunition, military vehicles and equipment, and spare parts for any of those things. It also includes paramilitary equipment. While each case will be considered individually, goods on the Defence and Strategic Goods List are likely to be considered arms or related matériel. Depending on the context, end user and end use, other goods may also be considered arms or related matériel. Go to Factsheet: Arms and Related Matériel for information on what to consider when assessing whether goods are an arms or related matériel.

Restrictions on providing certain services

It is prohibited to provide technical advice, assistance or training related to military activities to the Taliban or to another person or entity designated for the purposes of The Taliban sanctions regime.

Restrictions on providing assets to designated persons or entities

It is prohibited to directly or indirectly make an asset available to (or for the benefit of) The Taliban or to another person or entity designated for the purposes of The Taliban sanctions regime.

Restrictions on dealing with the assets of designated persons or entities (requirement to freeze assets)

It is prohibited to use or deal with, or allow or facilitate another person to use or deal with, an asset of a designated person or entity (the assets are 'frozen' and cannot be used or dealt with). It is also prohibited to use or deal with, or allow or facilitate another person to use or deal with, funds derived from an asset that is owned or controlled by a designated person or entity (or a person acting on their behalf or at their direction).

The prohibition on 'dealing' with assets includes selling or moving assets. 'An 'asset' includes an asset or property of any kind, whether tangible or intangible, movable or immovable.

Go to the Consolidated List to search the names of designated persons and entities.

If you form an opinion that you are holding an asset of a designated person or entity, you are required to freeze (hold) that asset and notify the Australian Federal Police as soon as practicable. Go to What You Need to Do for more information.

Travel bans

All persons designated for the Taliban sanctions regime are prohibited from entering or transiting through Australia.

Sanctions Permits

The Minister for Foreign Affairs may grant a sanctions permit to allow an activity that would otherwise be prohibited under the Taliban sanctions regime provided the activity meets specific criteria.

The table below provides a general guide to relevant criteria. You should get your own legal advice if you think your proposed activity is affected by sanctions and may meet the criteria for a permit. Go to Sanctions Permits for information on permits, including how to apply.

The Minister for Foreign Affairs may need to notify or receive the approval of the UNSC Committee established under resolution 1988 before granting a sanctions permit. Where required, the Australian Sanctions Office will assist the Minister for Foreign Affairs to notify or seek approval from the Committee as part of the permit application process.

Relevant legislation

The relevant legislation for the Taliban sanctions regime includes the following:

• Charter of the United Nations Act 1945
• Charter of the United Nations (Dealing with Assets) Regulations 2008
• Charter of the United Nations (Sanctions – The Taliban) Regulation 2013
• Customs (Prohibited Exports) Regulations 1958
• Customs (Prohibited Imports) Regulations 1956
• Migration (United Nations Security Council Resolutions) Regulations 2007

Other Resources

• UNSC Resolutions 1267 (1999), 1988 (2011) and 2615 (2021)
• The UNSC Committee established under Resolution 1988 
• DFAT country page for Afghanistan