Sanctions measures include financial sanctions such as asset freezes, travel bans, restrictions on trade and on engaging in commercial activities.
Australian individuals and companies must comply with sanction laws, however in some circumstances it may be possible to obtain a sanctions permit to allow an activity related to a designated person or entity that would otherwise be prohibited by an Australian sanctions law.
The Minister for Foreign Affairs may grant a sanctions permit provided the activity meets specific criteria, such as being in the “national interest”.
What is considered in the national interest?
As outlined by DFAT, a number of factors will be considered in making an assessment of whether the granting of a permit is in the national interest, including:
- The broader objectives of a particular sanctions regime such as the Russia sanctions regime.
- Whether the activity is in the interests of or would be advantageous to Australia as a whole (which may include economic, security, and any other relevant foreign policy considerations).
- Any effect on Australia’s international reputation or standing or external relations.
What is an indicative assessment?
You can request an indicative assessment of whether your proposed activity is affected by Australian sanctions law and may require a sanctions permit. Requests should be submitted on the Australian sanctions portal Pax.
Prior to submitting a request, is it recommended to:
- Read DFAT’s frequently asked questions.
- Follow the What You Need to Do Checklist.
- Seek independent legal advice.
