{"id":"F2008L01023","name":"Charter of the United Nations (Sanctions—ISIL (Da’esh) and Al-Qaida) Regulations 2008","slug":"charter-of-the-united-nations-sanctions-isil-da-esh-and-al-qaida-regulations-2008","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"41 of 2008","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":73169,"registerId":"commonwealth-F2008L01023-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulations","content":"#### 1 Name of Regulations\n\n  These Regulations are the Charter of the United Nations (Sanctions—ISIL (Da’esh) and Al‑Qaida) Regulations 2008.","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n> Note: A number of expressions used in these Regulations are defined in the Act, including asset.\n\n  In these Regulations:\n\n> Act means the Charter of the United Nations Act 1945.\n\n> arms or related matériel includes:\n\n    (a) weapons; and\n    (b) ammunition; and\n    (c) military vehicles and equipment; and\n    (d) spare parts for the things mentioned in paragraphs (a) to (c); and\n    (e) paramilitary equipment.\n\n> Australian aircraft has the same meaning as in the Criminal Code.\n\n> Australian ship has the same meaning as in the Criminal Code.\n\n> Committee means the 1267/1989/2253 ISIL (Da’esh) and Al‑Qaida Sanctions Committee.\n\n> Note: See paragraph 1 of Resolution 2253 (2015) of the Security Council, adopted on 17 December 2015.\n\n> controlled asset means:\n\n    (a) an asset of a designated person or entity; or\n    (b) funds derived from an asset owned or controlled, directly or indirectly, by:\n    (i) a designated person or entity; or\n    (ii) a person acting on behalf of or at the direction of a designated person or entity.\n\n> designated person or entity means:\n\n    (a) Al‑Qaida; or\n    (b) the Islamic State in Iraq and the Levant (ISIL, also known as Da’esh); or\n    (c) a person or entity designated in the ISIL (Da’esh) & Al‑Qaida Sanctions List maintained by the Committee, as existing from time to time.\n\n> Note: The ISIL (Da’esh) & Al‑Qaida Sanctions List could in 2021 be viewed on the United Nations’ website (http://www.un.org).\n\n> export sanctioned goods has the meaning given by regulation 5.\n\n> paramilitary equipment means any of the following:\n\n    (a) batons, clubs, riot sticks and similar devices of a kind used for law enforcement purposes;\n    (b) body armour, including:\n    (i) bullet‑resistant apparel; and\n    (ii) bullet‑resistant pads; and\n    (iii) protective helmets;\n    (c) handcuffs, leg‑irons and other devices used for restraining prisoners;\n    (d) riot protection shields;\n    (e) whips;\n    (f) parts and accessories designed or adapted for use in, or with, equipment mentioned in paragraphs (a) to (e).\n\n> sanctioned service has the meaning given by regulation 7.\n\n> sanctioned supply has the meaning given by regulation 6.\n\n> Security Council means the Security Council of the United Nations.\n\n> working day means a day that is not a Saturday, a Sunday or a public holiday.","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Export sanctioned goods","content":"#### 5 Export sanctioned goods\n\n  For these Regulations, export sanctioned goods means arms or related matériel.","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Sanctioned supply","content":"#### 6 Sanctioned supply\n\n  For these Regulations, a person makes a sanctioned supply if:\n    (a) the person supplies, sells or transfers goods to another person; and\n    (b) the goods are export sanctioned goods; and\n    (c) as a direct or indirect result of the supply, sale or transfer the goods are transferred to a designated person or entity.","sortOrder":4},{"sectionNumber":"7","sectionType":"section","heading":"Sanctioned service","content":"#### 7 Sanctioned service\n\n  For these Regulations, sanctioned service means the provision of technical advice, assistance or training related to military activities to a designated person or entity.","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"UN sanction enforcement laws","content":"## Part 2—UN sanction enforcement laws","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Prohibitions relating to a sanctioned supply","content":"#### 8 Prohibitions relating to a sanctioned supply\n\n  (1) A person contravenes this regulation if the person makes a sanctioned supply.\n  (2) Section 15.1 of the Criminal Code applies to an offence under section 27 of the Act that relates to a contravention of subregulation (1).\n\n> Note: This has the effect that the offence has extraterritorial operation.\n\n  (3) A person, whether or not in Australia, and whether or not an Australian citizen, contravenes this regulation if the person uses the services of an Australian ship or an Australian aircraft to transport export sanctioned goods in the course of, or for the purpose of, making a sanctioned supply.\n  (4) A body corporate contravenes this regulation if:\n    (a) the body corporate has effective control over the actions of another body corporate or entity, wherever incorporated or situated; and\n    (b) the other body corporate or entity makes a sanctioned supply.\n\n> Note: This regulation is a UN sanction enforcement law as specified by the Minister under the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Prohibitions relating to sanctioned services","content":"#### 9 Prohibitions relating to sanctioned services\n\n  (1) A person contravenes this regulation if the person provides a sanctioned service.\n  (2) Section 15.1 of the Criminal Code applies to an offence under section 27 of the Act that relates to a contravention of subregulation (1).\n\n> Note: This has the effect that the offence has extraterritorial operation.\n\n  (3) A person, whether or not in Australia, and whether or not an Australian citizen, contravenes this regulation if the person uses the services of an Australian ship or an Australian aircraft in the course of, or for the purpose of, providing a sanctioned service.\n  (4) A body corporate contravenes this regulation if:\n    (a) the body corporate has effective control over the actions of another body corporate or entity, wherever incorporated or situated; and\n    (b) the other body corporate or entity provides a sanctioned service.\n\n> Note: This regulation is a UN sanction enforcement law as specified by the Minister under the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Prohibition relating to dealings with designated persons or entities","content":"#### 10 Prohibition relating to dealings with designated persons or entities\n\n  (1) A person contravenes this regulation if:\n    (a) the person directly or indirectly makes an asset available to, or for the benefit of, a designated person or entity; and\n    (b) the making available of the asset is not authorised by a permit under regulation 12.\n  (1A) Strict liability applies to the circumstance that the making available of the asset is not authorised by a permit under regulation 12.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (2) Section 15.1 of the Criminal Code applies to an offence under section 27 of the Act that relates to a contravention of subregulation (1).\n\n> Note 1: Subregulation (2) has the effect that the offence has extraterritorial operation.\n\n> Note 2: This regulation is a UN sanction enforcement law as specified by the Minister under the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Prohibition relating to controlled assets","content":"#### 11 Prohibition relating to controlled assets\n\n  (1) A person contravenes this regulation if:\n    (a) the person holds a controlled asset; and\n    (b) the person:\n    (i) uses or deals with the asset; or\n    (ii) allows the asset to be used or dealt with; or\n    (iii) facilitates the use of the asset or dealing with the asset; and\n    (c) the use or dealing is not authorised by a permit under regulation 12.\n  (1A) Strict liability applies to the circumstance that the use of or dealing with the asset is not authorised by a permit under regulation 12.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (2) Section 15.1 of the Criminal Code applies to an offence under section 27 of the Act that relates to a contravention of subregulation (1).\n\n> Note 1: Subregulation (2) has the effect that the offence has extraterritorial operation.\n\n> Note 2: This regulation is a UN sanction enforcement law as specified by the Minister under the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008.","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Permit for assets and controlled assets","content":"#### 12 Permit for assets and controlled assets\n\n  (1) The Minister may, on application, grant a person a permit authorising:\n    (a) the making available of an asset to a person or entity that would otherwise contravene subregulation 10(1); or\n    (b) a use of, or dealing with, a controlled asset that would otherwise contravene subregulation 11(1).\n\n> Note: Section 13A of the Act applies to a permit granted by the Minister under this subregulation.\n\n  (2) An application must be for a basic expense dealing, a contractual dealing or an extraordinary expense dealing mentioned in regulation 5 of the Charter of the United Nations (Dealings with Assets) Regulations 2008.\n  (3) An application must specify which kind of dealing mentioned in subregulation (2) the application is for.\n  (4) If the application is for a basic expense dealing, the Minister:\n    (a) must notify the Committee of the application; and\n    (b) may grant a permit only if 3 working days have passed since the notice was given, and the Committee has not advised against granting a permit to the applicant.\n  (5) If the application is for an extraordinary expense dealing, the Minister:\n    (a) must notify the Committee of the application; and\n    (b) may grant a permit only with the approval of the Committee.\n  (6) A permit is subject to any conditions specified in the permit.\n\n> Note: Part 2 of the Charter of the United Nations (Dealings with Assets) Regulations 2008 applies to these Regulations.","sortOrder":11},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"## Part 3—Miscellaneous","sortOrder":12},{"sectionNumber":"13","sectionType":"section","heading":"Delegations by Minister","content":"#### 13 Delegations by Minister\n\n  (1) The Minister may delegate the Minister’s powers and functions under these Regulations (other than this power of delegation) to:\n    (a) the Secretary of the Department; or\n    (b) an SES employee, or acting SES employee, in the Department.\n  (2) The delegation must be in writing.\n  (3) The delegate must comply with any directions of the Minister in exercising powers or functions under the delegation.","sortOrder":13}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"These Regulations implement UN Security Council sanctions against ISIL (Da’esh) and Al‑Qaida. They do not materially broaden the subject matter beyond that implementation mandate. The instruments add enforcement mechanisms (extraterritorial application, strict liability for unauthorised asset dealings, corporate-group exposure via ‘effective control’) which expand legal reach and enforcement intensity compared with a purely domestic prohibition, but those features are implementation choices to give effect to UN obligations rather than a substantive change of purpose. The permitting framework delegates substantive gatekeeping to the Minister (with UN Committee notice/approval for some classes) but remains focused on narrow exception categories set out in the Dealings with Assets Regulations (reg 12)."},"complexity_factors":["Short regulation but multiple defined terms (e.g. designated person or entity, controlled asset, export sanctioned goods, sanctioned service, sanctioned supply)","Cross-references to other instruments: Charter of the United Nations Act 1945 (the Act), Criminal Code (extraterritorial operation, strict liability), and the Charter of the United Nations (Dealings with Assets) Regulations 2008 (permit categories and Part 2 application)","Extraterritorial effect invoked by reference to Criminal Code s15.1 (applies to multiple offences)","Strict liability applied to absence of permit for asset dealings (regs 10(1A), 11(1A))","Conditional permit regime with different processes: basic expense (3 working day notice to UN Committee), extraordinary expense (UN Committee approval required) (reg 12(4)–(5))","Corporate liability via an ‘effective control’ standard extending liability across jurisdictions (regs 8(4), 9(4))","Delegation of Ministerial powers to senior public servants (reg 13)","External dependence on the UN Committee’s consolidated sanctions list (dynamic list; external, changing content)"],"plain_english_summary":"**What these Regulations do (mechanics first)**\n\n- These Regulations implement and enforce United Nations Security Council sanctions against ISIL (Da’esh) and Al‑Qaida in Australian law. They define forbidden conduct, create criminal offences, and set out a permit process for limited exceptions.\n\n- Key prohibitions (what you cannot do):\n  - Supply, sell or transfer arms or related matériel that, directly or indirectly, end up with a designated person or entity (a “sanctioned supply”) (reg 6, reg 8).\n  - Provide technical advice, assistance or training related to military activities to a designated person or entity (a “sanctioned service”) (reg 7, reg 9).\n  - Make assets available to, or for the benefit of, a designated person or entity unless authorised by a permit (reg 10).\n  - Hold a controlled asset and use, deal with, allow use, or facilitate dealing with it, unless authorised by a permit (reg 11).\n\n- Who is a “designated person or entity”? The Regulations adopt the UN Committee’s ISIL (Da’esh) & Al‑Qaida Sanctions List and also treat Al‑Qaida and ISIL themselves as designated (definitions, reg 4).\n\n- Scope and reach of the prohibitions:\n  - The offences can apply extraterritorially (outside Australia) by application of the Criminal Code, so Australian persons and certain acts using Australian ships or aircraft can be prosecuted even if the conduct occurs overseas (regs 8(2)–(3), 9(2)–(3), 10(2), 11(2)).\n  - Corporations can be liable where a corporate group has “effective control” of another body corporate or entity that commits a contravention, regardless of where that other entity is located (regs 8(4), 9(4)).\n  - Some elements are strict liability: it is enough that an asset was made available or dealt with without an authorising permit; the prosecution need not prove intent on that point (regs 10(1A), 11(1A)).\n\n- Permits and exceptions (who decides and how):\n  - The Minister may grant permits authorising otherwise-prohibited dealings with assets or controlled assets, but applications must be for one of the categories set in the separate Dealings with Assets Regulations (basic expense, contractual dealing, or extraordinary expense) (reg 12(1)–(3)).\n  - For basic expense dealings the Minister must notify the UN Committee and may grant the permit only if 3 working days pass without the Committee advising against it (reg 12(4)).\n  - For extraordinary expense dealings the Minister must notify the Committee and may only grant the permit with the Committee’s approval (reg 12(5)).\n  - Permits can include conditions; Part 2 of the Dealings with Assets Regulations applies (reg 12(6), note).\n\n- Administration:\n  - The Minister may delegate most powers under these Regulations to the Department Secretary or Senior Executive Service officers (reg 13).\n\n**Who is affected (in plain terms)**\n\n- Individuals and businesses that trade in arms, military equipment or related spare parts; provide military-related technical advice or training; or hold assets that could be owned, controlled by, or benefit persons/entities on the UN sanctions list.\n- Corporate groups with subsidiaries, affiliates or related entities: a parent with “effective control” may be exposed to liability for the actions of the controlled entity (regs 8(4), 9(4)).\n- Persons using Australian aircraft or ships in connection with sanctioned supplies or services: those acts attract liability even if the person is not an Australian citizen or is located overseas (regs 8(3), 9(3)).\n- The Minister and delegated officials, who decide on permits and manage the notification/approval process with the UN Committee (reg 12, reg 13).\n\n**Why it matters (stated purpose and practical effects)**\n\n- Stated purpose: to give effect in Australian law to UN Security Council measures targeting ISIL (Da’esh) and Al‑Qaida by creating enforceable criminal prohibitions and an exceptions/permitting mechanism (see regs 4, 8–12).\n\n- Practical effects and implementation trade-offs:\n  - Compliance costs: businesses in arms, defence services or international finance must screen counterparties against the UN list, maintain transaction controls and apply for permits where limited dealings are necessary. The permit process requires interaction with the UN Committee for some categories, which adds delay and external oversight (reg 12(4)–(5)).\n  - Legal risk: strict liability for unauthorised asset dealings (regs 10(1A), 11(1A)) raises prosecution risk even where there is no intent to breach the sanctions; extraterritorial reach expands the set of potentially liable actors (regs 8(2), 9(2), 10(2), 11(2)).\n  - Corporate-group exposure: “effective control” language extends responsibility to parents or controlling entities for actions of controlled entities abroad (regs 8(4), 9(4)), which can push groups to tighten governance and controls over overseas affiliates.\n  - Contract freedom and commercial substitution: where trade or services are blocked, parties may seek non‑Australian intermediaries or suppliers to achieve similar ends, creating regulatory arbitrage risks. Permits exist for narrowly defined categories only (reg 12(2)).\n  - Bureaucratic discretion and delay: the Minister’s power to permit (and to delegate that power) centralises decision-making; for some permit types the UN Committee’s approval or silence determines the outcome (reg 12(4)–(5)).\n\n**Concrete implementation obligations for affected parties**\n\n- Check whether counterparties or beneficiaries are on the UN ISIL/Al‑Qaida Sanctions List (reg 4).\n- Do not export arms or related matériel where the export results in a designated person/entity receiving them (regs 5–6, 8).\n- Do not provide military-technical services to designated persons/entities (reg 7, 9).\n- Do not make assets available to designated persons/entities or deal with controlled assets without a permit (regs 10–11, 12).\n- If seeking a permitted exception, prepare an application that fits the Dealings with Assets Regulations’ categories and expect UN Committee notification or approval for some categories (reg 12).\n\n**Sections cited**: regs 4–13 (definitions, prohibitions, permit process, delegation)."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The legislation has evolved significantly from its original 2008 scope. Originally titled 'Charter of the United Nations (Sanctions—Al-Qaida) Regulations 2008', it was subsequently expanded via amendment to include ISIL (Da'esh) following UN Security Council Resolution 2253 (2015). The definition of 'designated person or entity' now explicitly includes both organisations and references the consolidated 'ISIL (Da'esh) & Al-Qaida Sanctions List' rather than the original Al-Qaida-specific list. This represents a material expansion from single-organisation targeting to a broader counter-terrorism sanctions framework covering multiple related entities."},"complexity_factors":["Moderate cross-referencing: References to external UN Security Council resolutions (Resolution 2253), the Criminal Code (sections 6.1 and 15.1), and the Charter of the United Nations (Dealings with Assets) Regulations 2008","Defined terms: 13 defined terms in section 4, including recursive definitions (e.g., 'controlled asset' depends on 'designated person or entity')","Extraterritorial operation: Complex jurisdictional reach applying to non-citizens outside Australia when using Australian ships/aircraft","Corporate liability extension: Control-based liability in regulations 8(4) and 9(4) creates indirect liability for parent companies","Strict liability elements: Two instances of strict liability (regulations 10(1A) and 11(1A)) creating absolute offences for permit circumstances","Permit framework with conditional logic: Three-tier permit system (basic expense, contractual, extraordinary expense) with different approval requirements and waiting periods","Dynamic external list dependency: The sanctions list is maintained externally by the UN Committee and changes 'from time to time'"],"plain_english_summary":"This law brings UN Security Council sanctions against ISIL/Da'esh and Al‑Qaida into Australian law, criminalising supply of weapons and military services, freezing assets, and banning dealings with designated groups without a permit. It applies to everyone in Australia, Australians and companies overseas, and foreign actors using Australian resources, with strict penalties and some strict‑liability offences. A permit system allows limited exemptions for basic living or contractual obligations."}},"importantCases":[],"_links":{"self":"/api/acts/charter-of-the-united-nations-sanctions-isil-da-esh-and-al-qaida-regulations-2008","history":"/api/acts/charter-of-the-united-nations-sanctions-isil-da-esh-and-al-qaida-regulations-2008/history","analysis":"/api/acts/charter-of-the-united-nations-sanctions-isil-da-esh-and-al-qaida-regulations-2008/analysis","conflicts":"/api/acts/charter-of-the-united-nations-sanctions-isil-da-esh-and-al-qaida-regulations-2008/conflicts","importantCases":"/api/acts/charter-of-the-united-nations-sanctions-isil-da-esh-and-al-qaida-regulations-2008/important-cases","documents":"/api/acts/charter-of-the-united-nations-sanctions-isil-da-esh-and-al-qaida-regulations-2008/documents"}}