The Department of Foreign Affairs and Trade (DFAT) gives notice to the 18 persons and 14 entities listed in Schedules 1 and 2 of the Autonomous Sanctions (Designated and Declared Persons - Democratic People's Republic of Korea) Continuing Effect Declaration and Designation Instrument 2019 (the Instrument) that the Minister for Foreign Affairs will be considering, pursuant to regulation 9(3) of the Autonomous Sanctions Regulations 2011 (Cth) (the Regulations), whether their designation for targeted financial sanctions and/or declarations for travel bans will continue to have effect.
The Minister for Foreign Affairs may continue the designations and declarations (referred to collectively as listings) if satisfied on reasonable grounds that the persons or entities:
- are, or have been, associated with the Democratic People's Republic of Korea's weapons of mass destruction program or missiles program; or
- are assisting or have assisted, in the violation, or evasion, by the Democratic People's Republic of Korea of: Resolution 825, 1540, 1695, 1718, 1874, 1887, 2087, 2094, 2270 or 2321 of the United Nations Security Council or a subsequent relevant resolution.
Effect of listing
The effect of a listing, which is made under regulations 6(a) and 6(b) of the Regulations, is as follows:
- any person holding an asset that is owned or controlled by a listed person or entity (a "frozen asset") commits an offence if they, without the authorisation of the Minister for Foreign Affairs, use or deal with that asset, or allow it to be used or dealt with, or facilitate the use of or dealing with it;
- any person who, directly or indirectly, makes an asset available to a listed person or entity, without the authorisation of the Minister for Foreign Affairs, commits an offence; and
- any person listed is prevented from travelling to, entering, or remaining in Australia.
Submissions
Listings expire after three years unless declared by the Minister for Foreign Affairs to continue in effect. The Department invites submissions from listed persons or entities, or their legal advisers, relevant to the Minister's decision to continue these listings.
All submissions received will be kept confidential.
Submissions must be received by 5pm on 23 September 2022 Australian Eastern Standard Time. DFAT reserves the right not to consider late submissions. Please note that a listed person, or their authorised representative, may apply in writing to the Minister for Foreign Affairs at any time to have their listing revoked. The application must set out the circumstances relied upon to justify the application.
