Sanctions overview

What are sanctions

Sanctions are measures not involving the use of armed force imposed by governments in response to a situation of international concern, including:

the grave repression of the human rights or democratic freedoms of a population by a government,
the proliferation of weapons of mass destruction or their means of delivery, and
internal or international armed conflict, or terrorism.

Sanctions measures are intended to:

limit the adverse consequences of the situation of international concern (for example, by denying access to military or paramilitary goods, or to goods, technologies or funding that are enabling the pursuit of programs of proliferation concern),
seek to influence those responsible for giving rise to the situation of international concern to modify their behaviour to remove the concern (for example, by motivating them to adopt different policies), and
penalise those responsible (for example, by denying access to international travel or to the international financial system).

Types of sanctions

Australia implements two types of sanctions:

United Nations Security Council (UNSC) sanctions, and
Australian Autonomous sanctions.

The acts and regulations that implement United Nations Security Council sanctions and Australian Autonomous sanctions are collectively referred to as Australian sanctions law.

A set of sanctions measures targeting a specific country or group, or in relation to a specific theme, is known as a sanctions ‘regime’. Australia currently has 18 ‘country-specific’ sanctions regimes, two sanctions regimes targeting specific groups (The Taliban, and ISIL and Al-Qaida) and a general Counter-Terrorism regime.

Australia also has three thematic sanctions regimes targeting serious corruption, serious violations or serious abuses of human rights, and significant cyber incidents. Unlike country-specific sanctions, thematic sanctions apply to sanctionable conduct wherever it occurs in the world.

The following diagram shows the sanctions regimes that Australia currently implements:

For detailed information on each sanctions regime, including the sanctions measures that apply to each, see the sanctions regimes page on the Department of Foreign Affairs and Trade’s website.

Sanctions measures

Sanctions measures may target a whole country or region, a group or organisation, or a designated individual or entity. They generally involve placing restrictions or prohibitions on specific activities, including:

the supply, sale or transfer of export sanctioned goods,
the import, purchase or transport of import sanctioned goods,
the provision of certain services, including:
- technical advice, assistance or training,
- financial services, or
- financial assistance related to the supply, import, manufacture, maintenance or use of a sanctioned good,
engaging in sanctioned commercial activities,
providing an asset to, or dealing with the assets of, a designated individual or entity (known as ‘targeted financial sanctions’), and
facilitating the entry or transit through Australia of individuals subject to a travel ban.

Impact of Australian sanctions laws on University activities

Australian sanctions law may impact on a range of activities by universities. The most common activities affected include:

enrolling a student with a connection to a sanctioned country,
employing a person with a connection to a sanctioned country, and
collaborating with another person or entity (including a foreign university) with a connection to a sanctioned country.

See the factsheet: General Guide for Universities on the DFAT’s website for more details on the impact on University activities.

The following activities may also be impacted by sanctions law:

travel for research collaboration or to present at conferences where material being shared may breach sanctions laws,
visits from individuals from sanctioned countries,
receipt of fees and other revenue from designated individuals or entities,
provision of scholarships or financial assistance to designated individuals, and
payments to sanctioned countries for goods or services.

Penalties for non-compliance

Contravening a sanctions measure

Contravening a sanctions measure or a condition of a sanctions permit is a serious offence.

For individuals, offences are punishable by up to 10 years in prison, or a fine up to the greater of 2500 penalty units ($555,000 as of 21 July 2022) or three times the value of the transaction, or both.

For bodies corporate, offences are punishable by a fine up to the greater of 10,000 penalty units ($2.22 million as of 21 July 2022) or three times the value of the transaction.

For bodies corporate the offences are strict liability offences, meaning that it is not necessary to prove any fault element (intent, knowledge, recklessness or negligence) for a body corporate to be found guilty.

See section 27 of the Charter of the United Nations Act 1945 and section 16 of the Autonomous Sanctions Act 2011.

Giving false or misleading information

Giving false or misleading information in connection with the administration of a sanction law is also a serious offence punishable by up to 10 years in prison, or a fine of 2500 penalty units ($555,000 as of 21 July 2022), or both.

See section 28 of the Charter of the United Nations Act 1945 and sections 15 and 17 of the Autonomous Sanctions Act 2011.

Both of the above offences apply broadly:

to any activity in Australia,
to any Australian citizen anywhere in the world, and
to any person using an Australian flagged vessel or aircrafts (Various sets of regulations made under the Charter of the United Nations Act 1945 and Autonomous Sanctions Act 2011)

Note: As of 21 July 2022, the value of a penalty unit is $222, prescribed by the Crimes Amendment (Penalty Unit) Act 2017.