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Charter of the United Nations Act 1945 Listing Declaration (No. 6) 2016

 

I, JULIE ISABEL BISHOP, Minister for Foreign Affairs, make this declaration under subsection 15A (2) of the Charter of the United Nations Act 1945.

 

Dated 10 November 2016

 

 

[signed]

 

JULIE BISHOP

Minister for Foreign Affairs

 

 

 

1  Name of Declaration

This Declaration is the Charter of the United Nations Act 1945 Listing Declaration (No. 6) 2016.

2 Commencement

This Declaration commences upon signature.

3  Persons, entities and assets

For section 15A of the Charter of the United Nations Act 1945 (the Act), I am satisfied on reasonable grounds that the persons and entities specified in Schedule 1 are persons and entities mentioned in paragraph 1(c) of United Nations Security Council resolution 1373 (2001) and declare that each of their listings under section 15 of the Act continues to have effect.
 

Note 1: Under section 20 of the Charter of the United Nations (Dealing with Assets) Regulations 2008, the Minister must be satisfied that the person or entity is mentioned in paragraph 1 (c) of Resolution 1373 (2001) of the Security Council of the United Nations.

Note 2: Under section 40 of the Charter of the United Nations (Dealing with Assets) Regulations 2008, the Department of Foreign Affairs and Trade maintains a list of all persons, entities, assets and classes of assets currently listed under section 15 of the Act, and has published this list on the internet at www.dfat.gov.au/sanctions/consolidated-list.html.

Note 3: Additional information about the listing of persons and entities under section 15 of the Act is set out in Schedule 2.


Schedule 1

 

The listing of the following entities continues to be necessary to give effect to the decision of the United Nations Security Council in paragraph 1(c) of resolution 1373 (2001):

 

Primary Name: Abu Nidal Organization

Aliases: ANO; Black September; Fatah Revolutionary Council; Arab Revolutionary Council; Arab Revolutionary Brigades; Revolutionary Organisation of Socialist Muslims; Revolutionary Council of Fatah; Al-Fatah Revolutionary Council; Fatah – the Revolutionary Council; Black June; Egyptian Revolution; Arab Fedayeen Cells; Palestine Revolutionary Council; Organization of Jund al-Haq

Address: Iraq, Lebanon

Original listing date: First listed by the Minister for Foreign Affairs on 21 December 2001. The Minister for Foreign Affairs declared that the listing would continue in effect on 18 November 2013.

Additional information: The Abu Nidal Organization (ANO) was established by Sabri Khalil al-Banna (also known as Abu Nidal) in 1974 with the objective of the destruction of Israel.

Primary Name: Al-Aqsa Foundation

Aliases: Al-Aqsa International Foundation; Al-Aqsa Charitable Foundation; Sanabil al-Aqsa Charitable Foundation; Al-Aqsa Sinabil Establishment; Al-Aqsa Charitable Organization; Charitable Al-Aqsa Establishment; Mu’assa al-Aqsa al-Khayriyya; Mu’assa Sanabil Al-Aqsa al- Khayriyya; Aqssa Society; Al-Aqsa Islamic Charitable Society; Islamic Charitable Society for al-Aqsa; Charitable Society to Help the Noble al-Aqsa; Nusrat al-Aqsa al-Sharif; Al-Aqsa Spanm I Stiftelse; Al-Aqsa Spanmal Stiftelse; Swedish Charitable Aqsa Est.; Al Aqsa E.V.; Stichting Al-Aqsa; Aqssa Society Yemen; Al-Aqsa; Foreningen Al-Aqsa; ASBL

Address: Europe, South Africa, Pakistan, Yemen, Jordan

Original listing date: First listed by the Minister for Foreign Affairs on 16 June 2003. The Minister for Foreign Affairs declared that the listing would continue in effect on 18 November 2013.

Additional information: Originally founded as Al-Aqsa E.V. in Germany in 1991.  Al-Aqsa Foundation claims to be not-for-profit organisations that collects donations for humanitarian projects in the Palestinian territories.


The listing of the following entities continues to be necessary to give effect to the decision of the United Nations Security Council in paragraph 1(c) of resolution 1373 (2001):

 

Primary Name: Al-Aqsa Martyrs’ Brigade

Aliases: Al-Aqsa Martyrs’ Battalion

Address: Palestinian Territories

Original listing date: First listed by the Minister for Foreign Affairs on 17 April 2002. The Minister for Foreign Affairs declared that the listing would continue in effect on 18 November 2013.

Additional information: The Al-Aqsa Martyrs’ Brigade a coalition of secular nationalist Palestinian militants.

Primary Name: Association de Secours Palestinien

Aliases: ASP

Address: Switzerland

Original listing date: First listed by the Minister for Foreign Affairs on 21 November 2003. The Minister for Foreign Affairs declared that the listing would continue in effect on 18 November 2013.

Additional information: The Association de Secours Palestinien (ASP) is a registered charitable organisation founded in Switzerland in 1994, with links to Hamas. The ASP is a subsidiary of the Comité de Bienfaisance et Secours aux Palestiens.

Primary Name: Beit El-Mal Holdings

Aliases: Arab Palestinian Beit el-Mal Company; Beit al Mal Holdings; Beit el Mal Al-Phalastini Al-Arabi Al-Mushima Al-Aama Al-Mahaduda Ltd; Palestinian Arab Beit el Mal Corporation Ltd; House of Money

Address: Palestinian Territories

Original listing date: First listed by the Minister for Foreign Affairs on 21 December 2001. The Minister for Foreign Affairs declared that the listing would continue in effect on 18 November 2013.

Additional information: Beit El-Mal Holdings (BEMH) is a Palestinian public financial investment company with links to Hamas.

Primary Name: Comité de Bienfaisance et de Secours aux Palestiniens

Aliases: CBSP

Address: France

Original listing date: First listed by the Minister for Foreign Affairs on 21 November 2003. The Minister for Foreign Affairs declared that the listing would continue in effect on 18 November 2013.

Additional information: The Comité de Bienfaisance et de Secours aux Palestiniens (CBSP) is a registered charitable organisation based in France, with links to Hamas, that was founded in 1990.


The listing of the following entities continues to be necessary to give effect to the decision of the United Nations Security Council in paragraph 1(c) of resolution 1373 (2001):

 

Primary Name: Hamas

Aliases: Islamic Resistance Movement;  Harakat al-Muqawama al-Islamiya; Izz al-Din al Qassam Battalions; Izz al-Din al Qassam Brigades; Izz al-Din al Qassam Forces; Students of Ayyash; Student of the Engineer; Yahya Ayyash Units; Izz al-Din al Qassim Brigades; Izz al-Din al-Qassim Forces; Izz al-Din al Qassim Battalions

Address: Palestinian Territories

Original listing date: First listed by the Minister for Foreign Affairs on 21 December 2001. The Minister for Foreign Affairs declared that the listing would continue in effect on 18 November 2013.

Additional information: Hamas is the dominant Islamic fundamentalist group in the Palestinian Territories.

Primary Name: Kahane Lives

Aliases: Kahane Chai; Committee for the Safety of Roads; Dikuy Bogdim; DOV; Forefront of the Idea; Judea Police; Kach; Kfar Tapuah Fund; Koach; Repression of Traitors; State of Judea; Sword of David; The Judean Legion; The Judean Voice; The Qomemiyut Movement; The Way of the Torah; The Yeshiva of the Jewish Idea; The Revolt; Lehava

Address: Israel, Palestinian Territories

Original listing date: First listed by the Minister for Foreign Affairs on 21 December 2001. The Minister for Foreign Affairs declared that the listing would continue in effect on 18 November 2013.

Additional information: Kahane Lives is an extremist and militant Israeli group that advocates the forcible expulsion of Arabs from Israel.

Primary Name: National Liberation Army

Aliases: ELN, Ejercito De Liberacion Nacional

Address: Colombia

Original listing date: First listed by the Minister for Foreign Affairs on 21 December 2001. The Minister for Foreign Affairs declared that the listing would continue in effect on 18 November 2013.

Additional information: Founded in 1964, the National Liberation Army or Ejército de Liberación Nacional (ELN) is the second-largest Marxist-leftist rebel group in Colombia.


The listing of the following entities continues to be necessary to give effect to the decision of the United Nations Security Council in paragraph 1(c) of resolution 1373 (2001):

 

Primary Name: Palestine Liberation Front

Aliases: Palestine Liberation Front – Abu Abbas Faction; PLF; PLF – Abu Abbas

Address: Palestinian Territories

Original listing date: First listed by the Minister for Foreign Affairs on 21 December 2001. The Minister for Foreign Affairs declared that the listing would continue in effect on 18 November 2013.

Additional information: The Palestine Liberation Front (PLF) is a secular, nationalist militant group.

Primary Name: Palestinian Islamic Jihad

Aliases: Palestinian Islamic Jihad – Shaqaqi Faction; Abu Ghunaym Squad of the Hizballah Bayt Al-Maqdis; Al-Awdah Brigades; Al-Quds Brigades;  Al-Quds Squads; Islamic Jihad in Palestine; Islamic Jihad of Palestine; PIJ; PIJ-Shallah Faction; PIJ-Shaqaqi Faction; Saraya Al-Quds

Address: Palestinian Territories

Original listing date: First listed by the Minister for Foreign Affairs on 21 December 2001. The Minister for Foreign Affairs declared that the listing would continue in effect on 18 November 2013.

Additional information: Palestinian Islamic Jihad is a Palestinian nationalist, Islamic organisation that has committed to the destruction of Israel and the creation of an Islamic state that includes the Palestinian Territories and Israel.

Primary Name: Palestinian Relief and Development Fund

Aliases: Interpal

Address: United Kingdom

Original listing date: First listed by the Minister for Foreign Affairs on 21 November 2003. The Minister for Foreign Affairs declared that the listing would continue in effect on 18 November 2013.

Additional information: The Palestinian Relief and Development Fund (Interpal), is a UK-based charity, with links to Hamas, founded in 1994.

The listing of the following entities continues to be necessary to give effect to the decision of the United Nations Security Council in paragraph 1(c) of resolution 1373 (2001):

 

Primary Name: Popular Front for the Liberation of Palestine

Aliases: Halhul Gang; Halhul Squad; Palestinian Popular Resistance Forces; PFLP; PPRF; Red Eagle Gang; Red Eagle Group; Red Eagles

Address: Palestinian Territories

Original listing date: First listed by the Minister for Foreign Affairs on 21 December 2001. The Minister for Foreign Affairs declared that the listing would continue in effect on 18 November 2013.

Additional information: The PFLP is a secular, Marxist-Leninist revolutionary organisation, aspiring to establish a single socialist democratic Palestinian state with Jerusalem as the capital.

Primary Name: Popular Front for the Liberation of Palestine – General Command

Aliases: PFLP-GC

Address: Syria

Original listing date: First listed by the Minister for Foreign Affairs on 21 December 2001. The Minister for Foreign Affairs declared that the listing would continue in effect on 18 November 2013.

Additional information: The PFLP-GC is a far-left militant Palestinian nationalist group based in Syria.

Primary Name: Revolutionary Armed Forces of Colombia

Aliases: FARC, Fuerzas Armadas Revolucionarias De Colombia

Address: Colombia

Original listing date: First listed by the Minister for Foreign Affairs on 21 December 2001. The Minister for Foreign Affairs declared that the listing would continue in effect on 18 November 2013.

Additional information: The Revolutionary Armed Forces of Colombia (FARC) was established in the 1960s. It is a Marxist insurgent group based and operating in Colombia.

Primary Name: Sanabil Association for Relief and Development

Address: Lebanon

Original listing date: First listed by the Minister for Foreign Affairs on 21 November 2003. The Minister for Foreign Affairs declared that the listing would continue in effect on 18 November 2013.

Additional information: The Sanabil Association for Relief and Development is a charity based in Lebanon, with links to Hamas.


The listing of the following entities continues to be necessary to give effect to the decision of the United Nations Security Council in paragraph 1(c) of resolution 1373 (2001):

 

Primary Name: Shining Path

Aliases: Sendero Luminoso, SL, Partido Comunista Del Peru En El Sendero Luminoso De Jose Carlos Mariategui, Partido Comunista Del Peru, PCP, Socorro Popular Del Peru, SPP, Ejercito Guerrillero Popular, EGP, Ejercito Popular De Liberacion, EPL, Communist Party Of Peru On The Shining Path Of Jose Carlos Mariategui, Communist Party Of Peru, People's Aid Of Peru, People's Guerrilla Army, People's Liberation Army

Address: Peru

Original listing date: First listed by the Minister for Foreign Affairs on 21 December 2001. The Minister for Foreign Affairs declared that the listing would continue in effect on 18 November 2013.

Additional information: Shining Path is a militant group operating in Peru which aims to overthrow the Peruvian government and replace it with a peasant revolutionary authority.

The listing of the following persons continues to be necessary to give effect to the decision of the United Nations Security Council in paragraph 1(c) of resolution 1373 (2001):

 

Primary Name: Imad Khalil AL-ALAMI

Address: Gaza Strip

Date of birth: 1956

Place of birth: Gaza Strip

Original listing date: First listed by the Minister for Foreign Affairs on 21 November 2003. The Minister for Foreign Affairs declared that the listing would continue in effect on 18 November 2013.

Additional information: Associated with Hamas.

Primary Name: Khalid MISHAAL

Alias: Khaled MESHAAL

Address: Doha, Qatar

Date of birth: 1956

Place of birth: West Bank

Original listing date: First listed by the Minister for Foreign Affairs on 21 November 2003. The Minister for Foreign Affairs declared that the listing would continue in effect on 18 November 2013.

Additional information: Associated with Hamas.

 

 

 

 

The listing of the following persons continues to be necessary to give effect to the decision of the United Nations Security Council in paragraph 1(c) of resolution 1373 (2001):

 

Primary Name: Khalid Shaikh MOHAMMED

Aliases: Salem Ali; Fahd Bin Adballah Bin Khalid; Ashraf Refaat Nabith Henin; Khalid Adbul Wadood

Address: US Custody

Date of birth: 14 April 1965 or 1 March 1964

Place of birth: Kuwait

Citizenship: Kuwait

Original listing date: First listed by the Minister for Foreign Affairs on 21 December 2001. The Minister for Foreign Affairs declared that the listing would continue in effect on 18 November 2013.

Additional information: Associated with Al-Qaida.

Primary Name: Musa Abu MARZOUK

Address: New Cairo, Egypt

Date of birth: 1951

Place of birth: Gaza Strip

Original listing date: First listed by the Minister for Foreign Affairs on 21 November 2003. The Minister for Foreign Affairs declared that the listing would continue in effect on 18 November 2013.

Additional information: Associated with Hamas.

Primary Name: Usama HAMDAN

Date of birth: 1965

Place of birth: Gaza Strip

Original listing date: First listed by the Minister for Foreign Affairs on 21 November 2003. The Minister for Foreign Affairs declared that the listing would continue in effect on 18 November 2013.

Additional information: Associated with Hamas.


Schedule 2

 

Request for statement of reasons

 

The Department of Foreign Affairs and Trade will provide a listed person or entity with an unclassified statement of reasons for his, her or its listing.  Requests may be submitted in writing to:

 

Director, Legal

Sanctions Section

Department of Foreign Affairs and Trade

John McEwen Crescent

Barton ACT 0221 Australia

 

or by email to asset.freezing@dfat.gov.au.

 

Application for revocation of a listing

 

A listed person or entity may apply to the Minister for Foreign Affairs to have his, her or its listing revoked.  The application must be in writing and set out the circumstances relied upon to justify the application.  Applications may be submitted to:

 

The Minister for Foreign Affairs

c/o Director

Sanctions Section

Department of Foreign Affairs and Trade

John McEwen Crescent

Barton ACT 0221 Australia

 

or by email to asset.freezing@dfat.gov.au.

 

Application for sanctions permit to use or deal with frozen assets

 

The owner or holder of a frozen asset may apply for authorisation to use or deal with the asset in a specified way. The application must be in writing and specify whether the application relates to a basic expense dealing, a contractual dealing or an extraordinary expense dealing as those terms are defined in section 30 of the Charter of the United Nations (Dealing with Assets) Regulations 2008. Applications may be submitted through the Department of Foreign Affairs and Trade’s Online Sanctions Administration System at https://sanctions.dfat.gov.au.