Australian sanctions law may impact on a range of activities by universities. The most common activities affected include:
- enrolling a student from a sanctioned country;
- employing a person from a sanctioned country; and
- collaborating with another person or entity (including a foreign university) from a sanctioned country.
It is your responsibility to ensure your activities comply with Australian sanctions law. Australian sanctions laws which may affect the activities of universities include the prohibition of:
- the supply of certain goods to sanctioned countries;
- the provision of certain services to sanctioned countries;
- the provision of assets to designated persons and entities;
- the dealing in the assets of a designated persons or entity; and
- travel bans.
For example, enrolling a student or employing a person from a sanctioned country could involve the provision of a certain service to a sanctioned country or the provision of an asset to a designated person or entity. Collaborating with another person or entity (including a foreign university) from a sanctioned country could involve the supply of certain goods or services to a sanctioned country, or providing assets to, or dealing with the assets of, a designated person or entity. All of these activities could also be impacted by travel bans if involving a designated person.
In some circumstances, it may be possible for you to obtain a permit from the Minister for Foreign Affairs to engage in an activity that would otherwise be prohibited by a sanctions measure. Different sanctions regimes impose different criteria for the grant of a permit. Go to Sanctions Permits for more information. Information on the criteria for the grant of a permit is provided under each Sanctions Regime.
You should also note that the sanctions laws of other countries and/or the European Union may apply to the overseas activities of Australian citizens or Australian-registered bodies corporate. It is your responsibility to get legal advice on whether you may be affected by foreign laws.
What You should Do
We recommend you:
- familiarise yourself with all information provided on the ASO website;
- subscribe to ASO’s email list o receive updates on Australian sanctions law;
- follow the What You Need To Do checklist;
- ensure you undertake the due diligence necessary to ensure compliance with Australian sanctions law; and
- develop a risk management strategy, verified by your own legal advice.
Developing a risk management strategy to assess whether proposed activities may be impacted by Australian sanctions law, and to outline steps to ensure due diligence is undertaken, is highly recommended. Working with other universities to share best practice and develop tailored risk management strategies may be beneficial.
Factors to Consider
To assist you in developing your own risk management strategy, the following is a list of some of the factors universities may wish to consider. This list is not exhaustive and provides a starting point only for the development of your own tailored strategy.
Enrolling a student
- Is the student a designated person? Does the student have connections to a designated University or other entity on the Consolidated List? How direct are these connections? Check the Consolidated List and undertake the due diligence necessary to properly inform yourself about the student.
- What level of study is to be undertaken? Undergraduate or post-graduate?
- What type of study is proposed? Does it, or could it, relate to a sanctioned good or service? Could it increase the capacity of a sanctioned country to manufacture or use a sanctioned good?
- What previous study has been undertaken by the student? Was it with a designated entity?
- What previous employment has the person had? Was it with a designated entity and/or in a sanctioned country?
- Does the student have a connection with a sanctioned country? Check their citizenship, type of visa, duration of stay and previous study and employment.
Employing a person
- Is the individuals a designated person? Check the Consolidated List and undertake the due diligence necessary to properly inform yourself about the person.
- What type of training is required? Could it involve training in relation to a sanctioned good or service?
- What type of employment is to be undertaken? Does it, or could it relate to a sanctioned good or service? Will it provide access to a sanctioned good or service? Will it increase the capacity of a sanctioned country to manufacture or use a sanctioned good?
- What previous study has been undertaken by the person? Was it with a designated entity?
- What previous employment has the person had? Was it with a designated entity and/or in a sanctioned country?
- Does the person have a connection with a sanctioned country? Check their citizenship, type of visa, duration of stay and previous study and employment.
Collaborating with another person or entity
- Is the person or entity a designated person? Check the Consolidated List and undertake the due diligence necessary to properly inform yourself about the student.
- What type of collaboration is proposed? Does it, or could it, relate to a sanctioned good or service? Could it involve the export or import of a sanctioned good or service? Could it increase the capacity of a sanctioned country to manufacture or use a sanctioned good?
- What previous study has been undertaken by the person? Was it with a designated entity?
- What previous employment has the person had? Was it with a designated entity and/or in a sanctioned country?
- Does the person or entity have a connection with a sanctioned country? Check the person’s citizenship, type of visa, duration of stay and previous study and employment. Check the entity’s connections, including other collaborations it has undertaken.