Sanctions regimes
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Why are sanctions imposed?
The United Nations Security Council (UNSC) imposes a limited arms embargo and other sanctions measures in relation to Yemen in response to Yemen’s ongoing political, security, economic and humanitarian challenges. Australia implements the UNSC sanctions concerning Yemen by incorporating them into Australian law.
What is prohibited by the Yemen sanctions regime?
The Yemen sanctions regime imposes the following sanctions measures:
| Measure | UNSC | Autonomous |
|---|---|---|
| restrictions on supplying arms or related materiel, and related services, to designated persons and entities | ✓ | |
| restrictions on providing assets to designated persons or entities | ✓ | |
| restrictions on dealing with the assets of designated persons or entities | ✓ | |
| travel bans on designated persons | ✓ |
Restrictions on supplying arms and related materiel to designated persons or entities
The Yemen sanctions regime imposes a limited arms embargo. The following actions are prohibited in relation to a designated person or entity (or a person acting on their behalf or at their direction in Yemen):
- to directly or indirectly supply, sell or transfer arms or related matériel.
Arms or related matériel includes, but is not limited to, weapons, ammunition, military vehicles and equipment, and spare parts and accessories 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 or Related Matériel for information on what to consider when assessing whether a good is arms or related matériel.
Restrictions on providing certain services to designated persons or entities
To complement the restrictions on the providing assets to designated persons or entities, providing services that relate to those sanctioned assets is also restricted. It is prohibited to:
- provide technical assistance, training, financial or other assistance which relates to:
- a military activity, or
- the provision, maintenance or use of arms or related matériel, including providing armed mercenary personnel (whether or not originating in Australia).
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) a designated person or entity.
Restrictions on dealing with the assets of designated persons or entities (requirement to freeze assets)
It is prohibited to use or deal with an asset, or allow or facilitate another person to use or deal with an asset owned or controlled by a designated person or entity (the assets are ‘frozen’ and cannot be used or dealt with). The prohibition on ‘dealing’ with assets includes using, 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 become aware that you are holding an asset of a designated person or entity, you are required to freeze (hold) that asset and notify the AFP as soon as possible. Go to What You Need to Do for more information.
Travel bans
All persons designated for the Yemen sanctions regime are prohibited from transiting through or entering Australia.
Sanctions Permits
The Minister for Foreign Affairs may grant a sanctions permit to allow an activity that would otherwise be prohibited under these regimes 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 may need to notify or receive the approval of the UNSC Yemen Sanctions Committees before granting a sanctions permit. Where required, the Australian Sanctions Office will assist the Foreign Minister to notify or seek approval from the UNSC as part of the permit application process.
| Measure | Criteria | Reference |
|---|---|---|
| Restrictions on supplying arms and related materiel, and related services, to designated persons or entities | No permit is available | Regulation 4D of the Charter of the United Nations (Sanctions – Yemen) Regulation 2014 |
|
Restrictions on providing assets to designated persons or entities and Restrictions on dealing with the assets of designated persons or entities |
The activity is
|
Regulations 4, 5, 6, and 7 of the Charter of the United Nations (Sanctions- Yemen) Regulation 2014 Regulation 5 of the Charter of the United Nations (Dealing with Assets) Regulations 2008 |
Relevant legislation
The relevant legislation for the Yemen 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 – Yemen) Regulation 2014
- Autonomous Sanctions Regulations 2011
- Migration Regulations 1994
- Migration (United Nations Security Council Resolutions) Regulations 2007