{"id":"F2022L00112","name":"Charter of the United Nations (Listed Persons and Entities) Instrument 2022","slug":"charter-of-the-united-nations-listed-persons-and-entities-instrument-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":102266,"registerId":"commonwealth-F2022L00112-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the Charter of the United Nations (Listed Persons and Entities) Instrument 2022.","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under section 15 of the Charter of the United Nations Act 1945.","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n  In this instrument:\n\n> Act means the Charter of the United Nations Act 1945.","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Listed entities","content":"#### 5 Listed entities\n\n  For the purposes of subsection 15(1) of the Act, an entity specified in an item of the table in clause 1 of Schedule 1 is listed.","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Listed persons","content":"#### 6 Listed persons\n\n  For the purposes of subsection 15(1) of the Act, a person specified in an item of the table in clause 1 of Schedule 2 is listed.","sortOrder":4}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"_metrics":{"completionTokens":505},"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The instrument maintains its original scope as a consolidated terrorist listing instrument. While the number of listed persons and entities has grown through amendments (evidenced by 'Instrument of first listing' dates ranging from 2001 to 2025), this reflects the intended operational nature of the regime rather than scope creep. The structure remains unchanged from its original purpose."},"complexity_factors":["Simple legislative structure: only 6 operative clauses plus two schedules","Minimal cross-referencing: only refers to section 15 of the parent Act","No conditional logic or exceptions in the instrument itself","Complexity arises from volume of data (114 total listings) rather than legal drafting","Extensive use of HTML table formatting for readability","Multiple aliases per entry create identification challenges but don't add legal complexity"],"plain_english_summary":"This instrument is a terrorist sanctions list made under the UN Charter Act that designates 55 organisations and 59 individuals Australia considers terrorists or terrorist financiers, making it illegal to deal with their assets or provide support. \n\nIt forces banks to freeze assets, bars Australians from offering assistance, imposes travel/asset restrictions on listed parties, and serves as Australia’s primary mechanism for implementing UN and domestic counter‑terrorism sanctions."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"This instrument updates the list of persons and entities designated under section 15 of the Charter of the United Nations Act 1945. It performs the established statutory function (giving domestic legal effect to UN listing decisions) rather than expanding the statutory scheme beyond its original purpose. The additions and amendments are routine listings and cross‑references to earlier listing instruments; they do not change the scope of the Act or create new kinds of powers or sanctions beyond those conferred by the Act."},"complexity_factors":["Instrument is short and mechanically simple (clauses 1, 3–6) but relies on large schedules of names and details","Schedule 1 contains many listed entities with multiple aliases, addresses and cross‑references to prior listing instruments (dozens of entries)","Schedule 2 contains many listed persons (nearly 60 items) with multiple alternate names, dates of birth, passport numbers and places of birth","Frequent cross‑references to earlier instruments and gazette citations increases traceability burdens for implementers","Operational complexity: numerous transliterations, multiple dates of birth and overlapping identifiers create screening and identification challenges","Legal complexity is moderate because substantive sanctions rules sit in the Charter of the United Nations Act 1945 (the instrument only triggers those rules)"],"plain_english_summary":"**What this instrument does (mechanically)**\n\n- This is a statutory instrument made under section 15 of the Charter of the United Nations Act 1945.  It names specific people and organisations in two schedules (Schedule 1: entities; Schedule 2: persons) and declares each named entry to be \"listed\" for the purposes of subsection 15(1) of the Act.  In short: it formally adds (or records) those names to Australia’s sanctions listing under the Charter of the United Nations Act.\n\n**Who it affects**\n\n- The named individuals and organisations in the Schedules: those entries become \"listed\" under the Act.  The instrument records identifying details used to distinguish listed entries (aliases, addresses, dates of birth, passport numbers, instrument-of-first-listing references, etc.).\n- Australian businesses, banks, charities, non‑profits, legal advisers and others with compliance responsibilities.  Once a person or entity is \"listed\" under the Act, Australian persons and bodies involved in financial services, trade, or provision of goods and services must take steps required by the Act (for example: screening, freezing, refusing dealings, reporting — see subsection 15(1) and other operative provisions of the Act that give effect to UN sanctions).\n- Members of the public and intermediaries who need to check whether a counterparty, donor, or supplier appears on the list.\n\n**Why it matters (practical effect)**\n\n- Listing under the Act is the domestic legal mechanism that gives effect to United Nations Security Council sanctions (and related Australian sanctions measures).  Although the instrument itself only records the names, that legal listing is what triggers the prohibitions, obligations and enforcement tools in the Act and subordinate rules (for example: asset freezes, prohibitions on providing funds or economic resources, and related reporting and authorisation regimes).\n\n**Official purpose-claim and what that implies in practice**\n\n- The instrument implements (i.e. gives domestic legal effect to) UN/foreign policy decisions by declaring particular persons and entities to be \"listed\" under the Charter of the United Nations Act (see clause 3 and clauses 5–6 referring to subsection 15(1) of the Act).  The practical implication is that those listed become subject to Australia’s sanctions regime under that Act.\n\n**Costs, incentives, trade‑offs and implementation issues to note**\n\n- Who pays: the compliance costs fall mainly on private-sector actors (banks, payment processors, charities, law firms, importers/exporters) that must screen customers and transactions and implement freezes or refusals of service.  There are administrative costs for government agencies that maintain and publish the list and consider licence/authorisation requests.  The intended regulatory \"benefit\" (national compliance with UN obligations) accrues to the state and to collective security objectives described by the UN.\n- Behavioural effects: listed parties face restrictions on accessing funds, services, goods, or markets in Australia; counterparties will avoid dealings with listed names to minimise legal or reputational risk; charities and remittance businesses will increase screening of beneficiaries and partners.\n- Compliance burden and identification risk: the Schedules include multiple aliases, alternate spellings, addresses, passport numbers and cross‑references to prior listing instruments and gazette notices. That reduces ambiguity but also increases operational complexity for screening systems (false positives and the cost of manual checks are likely).  Where identifiers are imprecise or multiple (varying dates of birth, alternate transliterations), businesses face higher risk of mis‑identifying people or failing to block the right target.\n- Concentration of benefits and diffuse costs: the immediate benefit (legal compliance with UN sanctions decisions) is concentrated (the state avoids international legal non‑compliance), while costs (compliance, disruption to legitimate transactions) are spread across many private actors and potentially unrelated third parties.\n- Discretion and authorisations: the instrument itself does not set exception or licence rules; those are handled by the Act and by government procedures.  That centralises the decision to grant statutory exemptions (licences) within government, creating a point of administrative discretion and associated delay/uncertainty for legitimate parties seeking authorisation.\n- Substitution and circumvention risk: listing an entity or person removes legal access to Australian markets and formal channels but may incentivise listed parties to use intermediaries, shell entities, informal value transfer systems, or jurisdictions with weaker controls.  The Schedule’s detailed identifiers are intended to reduce that risk, but practical enforcement depends on effective screening, international cooperation and sanctions compliance by non‑Australian actors.\n\n**Structure and notable features of this instrument**\n\n- Short, mechanical primary provisions (clauses 1, 3 and 4) that: name the instrument, state the statutory power (s.15 of the Act) and define the Act.\n- Two operative clauses (clauses 5 and 6) that declare the Schedule entries to be \"listed\" for purposes of subsection 15(1).\n- Two schedules containing detailed listings: Schedule 1 (listed entities) and Schedule 2 (listed persons).  Each schedule is a tabular list giving identifying particulars, aliases and references to instruments of first listing and additional notes.\n\n**Bottom line**\n\n- This instrument does not create new types of sanctions; it performs the routine legal step of declaring specific people and organisations to be \"listed\" under Australia’s UN‑sanctions statute.  The material effect is to bring those named into the scope of the Charter of the United Nations Act 1945 and the prohibitions and licensing regime that follow from it.  The real-world impact is operational: banks, charities, businesses and individuals with cross‑border dealings must screen, freeze or refuse transactions and may need licences or legal advice to proceed where exemptions apply (see subsection 15(1) of the Act for the legislative basis cited in the instrument)."}},"importantCases":[],"_links":{"self":"/api/acts/charter-of-the-united-nations-listed-persons-and-entities-instrument-2022","history":"/api/acts/charter-of-the-united-nations-listed-persons-and-entities-instrument-2022/history","analysis":"/api/acts/charter-of-the-united-nations-listed-persons-and-entities-instrument-2022/analysis","conflicts":"/api/acts/charter-of-the-united-nations-listed-persons-and-entities-instrument-2022/conflicts","importantCases":"/api/acts/charter-of-the-united-nations-listed-persons-and-entities-instrument-2022/important-cases","documents":"/api/acts/charter-of-the-united-nations-listed-persons-and-entities-instrument-2022/documents"}}