Charter of the United Nations (Continuing Effect of Listings (No. 1)) Declaration 2020
I, MARISE PAYNE, Minister for Foreign Affairs, make the following declaration
Dated 12 October 2020
MARISE PAYNE
Minister for Foreign Affairs
1 Name of Declaration
This Declaration is the Charter of the United Nations (Continuing Effect of Listings (No. 1)) Declaration 2020.
2 Commencement
This Declaration commences upon signature.
3 Authority
This Declaration is made under section 15A of the Charter of the United Nations Act 1945 (the Act).
4 Continuation of effect of listings
For section 15A of the Act, I am satisfied on reasonable grounds that the persons and entity specified in Schedule 1 are persons and entities mentioned in paragraph 1(c) of United Nations Security Council Resolution 1373 (2001) and declare that their listing under section 15A of the Act continues to have effect.
Note 1: Under regulation 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 United Nations Security Council Resolution 1373 (2001).
Note 2: Under regulation 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 https://www.dfat.gov.au/international-relations/security/sanctions/Pages/consolidated-list.
Note 3: Additional information about the listing of persons and entities under section 15 of the Act is set out in Schedule 2 of this Gazette Notice.
Schedule 1
The listing of the following persons and entity 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: Manssor Arbabsiar Aliases: Mansour Arbabsiar Address: United States (detained) Date of Birth: 15 March 1955; 6 March 1955 Place of Birth: Iran Citizenship information: Iran and United States Additional information: Detained in Federal Correctional Institution (FCI) Yazoo City Medium, Mississippi with a projected release date of 28 July 2033; United States Passport No. 477845448; Iran Passport No. C2002515; Driver's License No. 07442833, Texas, United States (expiry 15 March 2016). Listing information: The Minister for Foreign Affairs listed this individual on 16 November 2011 under subsection 15(1) of the Charter of the United Nations Act 1945 (CotUNA), pursuant to Australia's obligations under UNSC resolution 1373 (2001). The Minister declared on 16 November 2014 and subsequently on 26 October 2017 pursuant to subsection 15A(2) of CotUNA, that this listing would continue to have effect.
Primary Name: Abdul Reza Shahlai Aliases: Abdol Reza Shala’i, Abd-al Reza Shalai, Abdorreza Shahlai, Abdolreza Shahla’i, Abdul-Reza Shahlaee, Hajj Yusef, Haji Yusif, Hajji Yasir, Hajji Yusif, Yusuf Abu-al-Karkh, Abdul Reza Shala’i, Abdol Reza Shahlai Address: Sanaa, Yemen; Mehran Military Base, Ilam Province, Iran; Kermanshah, Iran. Date of Birth: Circa 1957 Place of Birth: Kermanshah, Iran Citizenship information: Iran Listing information: The Minister for Foreign Affairs listed this individual on 16 November 2011 under subsection 15(1) of the Charter of the United Nations Act 1945 (CotUNA), pursuant to Australia's obligations under UNSC resolution 1373 (2001). The Minister declared on 16 November 2014 and subsequently on 26 October 2017 pursuant to subsection 15A(2) of CotUNA, that this listing would continue to have effect.
Primary Name: Ali Gholam Shakuri Aliases: Gholam Shakuri Address: Tehran Date of Birth: 1964, 1965 or 1966 Citizenship information: Iran Listing information: The Minister for Foreign Affairs listed this individual on 16 November 2011 under subsection 15(1) of the Charter of the United Nations Act 1945 (CotUNA), pursuant to Australia's obligations under UNSC resolution 1373 (2001). The Minister declared on 16 November 2014 and subsequently on 26 October 2017 pursuant to subsection 15A(2) of CotUNA, that this listing would continue to have effect.
Primary Name: Hamed Abdollahi Aliases: Mustafa Abdullahi Address: Tehran Date of Birth: 11 August 1960 Citizenship information: Iran Additional information: Passport No. D9004878 Listing information: The Minister for Foreign Affairs listed this individual on 16 November 2011 under subsection 15(1) of the Charter of the United Nations Act 1945 (CotUNA), pursuant to Australia's obligations under UNSC resolution 1373 (2001). The Minister declared on 16 November 2014 and subsequently on 26 October 2017 pursuant to subsection 15A(2) of CotUNA, that this listing would continue to have effect.
Primary Name: Neil Christopher Prakash Aliases: Abu Khalid al-Cambodi, Abdullah Al Khmeree, Abu Laghm Al Kambodee Address: Gaziantep H-Type Prison, Turkey; Formerly Syria/Iraq; Formerly 6 Alice Court, Noble Park, Victoria, Australia; Formerly 2/61 Crawford Road, Clayton South, Victoria, Australia. Date of Birth: 7 May 1991 Place of Birth: Melbourne, Australia Citizenship information: Fiji (Prakash’s Australian citizenship had ceased by automatic operation of law under section 35 of the Australian Citizenship Act 2007, with effect from 6 May 2016, as a result of being in the service of declared terrorist organisation Islamic State) Additional information: Australian Passport No.: N4325853, expiry date 25 October 2021 (cancelled 22 October 2014). Victorian Drivers Licence No.: 92846920, expiry date 12 August 2017 (suspended). Australia has made an extradition request for Prakash to face prosecution in Australia, notwithstanding the cessation of his Australian citizenship. Australia’s extradition request will remain in place until the conclusion of the extradition appeal proceedings and, subject to the outcome of the appeal, the conclusion of the extradition process in Turkey. Listing information: The Minister for Foreign Affairs listed this individual on 4 June 2015 under subsection 15(1) of the Charter of the United Nations Act 1945 (CotUNA), pursuant to Australia's obligations under UNSC resolution 1373 (2001). The Minister declared on 10 May 2018 pursuant to subsection 15A(2) of CotUNA, that this listing would continue to have effect.
Primary Name: Mostafa Mahamed Aliases: Mostafa Mohamed Abdel Hamid, Mostafa Mohamed Farag, Mostafa Farag, Abu Sulayman al Muhajir, Abu Sulayman al Australi, Abu Sulayman al Ustrali Address: Syria Date of Birth: 14 February 1984 Place of Birth: Port Said, Egypt Citizenship information: Australia and Egypt Additional information: Australian Passport No. M189870 (revoked 12 October 2012), New South Wales Drivers Licence No. 13652517 (expired 19 April 2014) Listing information: The Minister for Foreign Affairs listed this individual on 20 August 2015 under subsection 15(1) of the Charter of the United Nations Act 1945 (CotUNA), pursuant to Australia's obligations under UNSC resolution 1373 (2001). The Minister declared on 14 August 2018 pursuant to subsection 15A(2) of CotUNA, that this listing would continue to have effect.
Primary Name: Abraham Succarieh Aliases: Abraham Sukkarieh, Abu Essa Address: Syria Date of Birth: 15 April 1985 Place of Birth: Brisbane, Australia Citizenship information: Lebanon (Succarieh’s Australia citizenship ceased in 2018 under Section 35 of the Australian Citizenship Act 2007 for being in the service of a declared terrorist organisation) Additional information: Australian Passport No. M9381974 (revoked 8 July 2014) Listing information: The Minister for Foreign Affairs listed this individual on 16 August 2018 under subsection 15(1) of the Charter of the United Nations Act 1945 (CotUNA), pursuant to Australia's obligations under UNSC resolution 1373 (2001).
Primary Name: Islamic State Sinai Province Aliases: Ansar Bayt al-Maqdis (ABM); Aknaf Bayt al-Maqdis, Aknaf Beit al-Maqdis, Ansar Bayt al-Maqdes, Ansar Bayt al-Maqdis, Ansar Beit al-Maqdis, Ansar Jerusalem, Champions of Jerusalem, ISIL Sinai Province, ISIL-Sinai, Islamic State - Sinai Province, Islamic State of Iraq and ash-Sham – Sinai, Islamic State in the Sinai, Islamic State of Iraq and the Levant-Sinai, Islamic State of Iraq and the Levant-Sinai Province, Islamic State of Iraq and Syria Sinai Province, ISIS-Sinai, ISIS-SP, IS-Sinai, Jamaat Ansar al-Dawa al-Islamiyya fi Bayt Al Maqdis, Jamaat Ansar Beit al-Maqdis, Jamaat Ansar Beit al-Maqdis, Jamaat Ansar Beit al-Maqdis fi Sinaa, Jihadi Jerusalem, Supporters of Jerusalem, Supporters of the Holy House, Supporters of the Holy Place, The Group of Partisans of the Islamic State of Bayt Al Maqdis, Sinai Province, The State of Sinai, Warriors of Jerusalem, Wilayat Sinai Address: Egypt Listing information: The Minister for Foreign Affairs listed this entity on 24 February 2015 under subsection 15(1) of the Charter of the United Nations Act 1945 (CotUNA), pursuant to Australia's obligations under UNSC resolution 1373 (2001). The Minister declared on 8 February 2018 pursuant to subsection 15A(2) of CotUNA, that this listing would continue to have effect.
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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
Australian Sanctions Office
Department of Foreign Affairs and Trade
John McEwen Crescent
Barton ACT 0221 Australia
or by email to sanctions@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
Australian Sanctions Office
Department of Foreign Affairs and Trade
John McEwen Crescent
Barton ACT 0221 Australia
or by email to sanctions @dfat.gov.au.
Application for sanctions permit to use or deal with frozen assets or to make an asset available to a listed person or entity
The owner or holder of a frozen asset may apply for permission to use or deal with the asset in a specified way. Any person may apply for permission to make an asset available to a listed person or entity. The application must be in writing and, with respect to frozen assets, must 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 to:
Director
Australian Sanctions Office
Department of Foreign Affairs and Trade
John McEwen Crescent
Barton ACT 0221 Australia
or by email to sanctions@dfat.gov.au.