Sanctions regimes
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Why are sanctions imposed?
Australia imposed autonomous sanctions in relation to Zimbabwe in 2002, reflecting concerns about political violence and human rights violations. The sanctions were adjusted in 2012 and 2013 in response to some progress.
What is prohibited by the Zimbabwe sanctions regime?
The Zimbabwe sanctions regime imposes the following sanctions measures:
Measure | UNSC | Autonomous |
---|---|---|
restrictions on supplying arms and related services | ✓ | |
restrictions on providing assets to designated persons or entities | ✓ | |
restrictions on dealing with the assets of designated persons or entities | ✓ | |
travel bans on declared persons. | ✓ |
Restrictions on supplying arms and related services
The Zimbabwe sanctions regime imposes an arms embargo. It is prohibited to:
- directly or indirectly supply, sell or transfer arms or related matériel to Zimbabwe
- provide a service if it relates to the supply of arms or related matériel to Zimbabwe
- provide a service to Zimbabwe, or for use in Zimbabwe, which relates to:
- a military activity
- the manufacture, maintenance or use of 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 assets to designated persons or entities
The Minister for Foreign Affairs has designated persons and entities which are engaging in or have engaged in activities that seriously undermine democracy, respect for human rights and the rule of law in Zimbabwe. 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 Zimbabwe 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.
Measure | Criteria | Reference |
---|---|---|
Restrictions on supplying arms and related matériel | The Foreign Minister is satisfied that it would be in the national interest to grant a permit |
Regulations 4, 12 and 18 of the Autonomous Sanctions Regulations 2011 Regulation 11 of the Customs (Prohibited Exports) Regulations 1958 |
Restrictions on supplying related services | The Foreign Minister is satisfied that it would be in the national interest to grant a permit | Regulations 5, 13 and 18 of the Autonomous Sanctions Regulations 2011 |
Restrictions on providing assets to designated persons or entities and Restrictions on dealing with the assets of designated persons or entities |
The Foreign Minister is satisfied that it would be in the national interest to grant a permit andthe activity is a:
|
Regulations 6, 14, 15, 18 and 20 of the Autonomous Sanctions Regulations 2011 Autonomous Sanctions (Designated and Declared Persons – Zimbabwe) List 2012 Regulations 11A and 11B of the Customs (Prohibited Exports) Regulations 1958 |
Relevant legislation
The relevant legislation for the Zimbabwe sanctions regime includes the following:
- Autonomous Sanctions Act 2011
- Autonomous Sanctions Regulations 2011
- Customs (Prohibited Exports) Regulations 1958
- Autonomous Sanctions (Designated and Declared Persons – Zimbabwe) List 2012