Sanctions and Embargoes
While there is no automatic denial process for applications, DECO will not approve an application to export controlled goods to countries against which an Australian, Commonwealth or a UN Security Council embargo exists.
United Nations Security Council - Sanctions
Under Chapter VII of the Charter, the Security Council can take enforcement measures to maintain or restore international peace and security. Such measures range from economic and/or other sanctions not involving the use of armed force to international military action.
The use of mandatory sanctions is intended to apply pressure on a State or entity to comply with the objectives set by the Security Council without resorting to the use of force. Sanctions thus offer the Security Council an important instrument to enforce its decisions. The universal character of the United Nations makes it an especially appropriate body to establish and monitor such measures.
The Council has resorted to mandatory sanctions as an enforcement tool when peace has been threatened and diplomatic efforts have failed (see below). The range of sanctions has included comprehensive economic and trade sanctions and/or more targeted measures such as arms embargoes, travel bans, financial or diplomatic restrictions.
At the same time, a great number of States and humanitarian organisations have expressed concerns at the possible adverse impact of sanctions on the most vulnerable segments of the population, such as women and children. Concerns have also been expressed at the negative impact sanctions can have on the economy of third countries.
In response to these concerns, relevant Security Council decisions have reflected a more refined approach to the design, application and implementation of mandatory sanctions. These refinements have included measures targeted at specific actors, as well as humanitarian exceptions embodied in Security Council resolutions. Targeted sanctions, for instance, can involve the freezing of assets and blocking the financial transactions of political elites or entities whose behaviour triggered sanctions in the first place. Recently, smart sanctions have been applied to conflict diamonds in African countries, where wars are funded in part by the trade of illicit diamonds for arms and related materiel.
While there is no automatic denial process for applications, DECO will not approve an application to export controlled goods to countries against which an Australian, Commonwealth or a UN Security Council embargo exists.
Whilst considering applications Australia may consider additional information and encourage exporters to peruse these lists as under the Weapons of Mass Destruction (Prevention of Proliferation) Act 1995 the onus is on the exporter to ensure that the goods are not being used in a WMD Program. DECO is always available to give advice, please contact 1800 66 10 66 or email DECO for assistance.
For further information, see: