Autonomous Sanctions (Designated Persons and Entities and Declared Persons - Libya) List 2012

The instrument relies on, and gives effect to, two discrete legal labels drawn from the Autonomous Sanctions Regulations 2011: "designated person or entity for Libya" (referenced to paragraph 6(a) of those Regulations) and "declared person for Libya" (referenced to paragraph 6(b)) (s 3). The instrument does not define these labels anew; it assigns them to the listed entries so the substantive provisions of the Regulations can operate against those entries.

Schedule structure. The instrument contains a Schedule 1 that is organised into at least two parts: Part 1 (persons) and Part 2 (entities). Section 3(1) describes both persons and entities in Schedule 1 as "designated persons or entities for Libya", while s 3(2) separately states that each person mentioned in an item in Schedule 1 is a "declared person for Libya". That creates an asymmetry: the "declared person" label applies to persons named in Schedule 1 (Part 1), while "designated" applies to both persons and entities (Parts 1 and 2).

Continuation mechanism. Part 3 (ss 4-6) is made for the purpose of subregulation 9(3) of the Autonomous Sanctions Regulations 2011 (s 4). Sections 5 and 6 operate as continuation clauses. They are expressed to continue the effect of particular earlier designations and declarations after the making of instruments described by their lengthy names: the Autonomous Sanctions (Designated Persons and Entities and Declared Persons,Libya) Amendment (Continuation of Effect) Instrument 2020, and the Autonomous Sanctions (Designated Persons and Entities and Declared Persons - Libya) Amendment (No. 1) Instrument 2023 (ss 5-6). The continuation provisions specify, by reference to numbered items in Schedule 1, which designations and declarations continue to have effect.

Identifiers and metadata. For the entities listed in Part 2, the Schedule includes identifying information: entity name and aliases, addresses (including international addresses), the instrument of first designation (F2012L00481 in the entries shown), and "Additional Information" fields such as chair or commander names, website addresses, email contact, or a short description (the entries shown for GADDAFI INTERNATIONAL CHARITY AND DEVELOPMENT FOUNDATION, REVOLUTIONARY GUARD CORPS, and WAATASSIMOU FOUNDATION include such metadata). That metadata is part of Schedule 1 and therefore incorporated into the designation as published.

Instrumental form. The instrument is a list instrument: it records facts (names, aliases, addresses, original designation instrument) and declares legal status by reference to the regulations. It does not itself create new statutory offences or obligations; it operates by attaching persons and entities to the pre-existing regulatory machinery in the Autonomous Sanctions Regulations 2011.

Directly named subjects. The most immediate effect of the instrument attaches to the persons and entities named in Schedule 1. Section 3(1) makes clear that each person and entity in Schedule 1 is a "designated person or entity for Libya", and s 3(2) makes each person in Schedule 1 a "declared person for Libya". Schedule Part 2 entries shown in the text are three entities: (item 5) GADDAFI INTERNATIONAL CHARITY AND DEVELOPMENT FOUNDATION (also known as GADDAFI INTERNATIONAL FOUNDATION FOR CHARITY ORGANISATIONS), (item 8) REVOLUTIONARY GUARD CORPS, and (item 9) WAATASSIMOU FOUNDATION (also known as WAATASEMU CHARITY ASSOCIATION). The Schedule provides addresses, instrument-of-first-designation citations, and additional identification details for these entities.

Persons associated with listed entities. The Schedule's "Additional Information" fields identify named persons associated with entities: for example the GADDAFI INTERNATIONAL CHARITY AND DEVELOPMENT FOUNDATION is described as "Chaired by Saif Al Islam Qadhafi" and WAATASSIMOU FOUNDATION is "Headed by Secretary-General Aisha Muammar Qadhafi" (Schedule Part 2 entries, Additional Information). Where the Regulations treat dealings with associated persons or control relationships as relevant, named officers and officials may be consequentially affected by the designation, but any such effects flow from the Regulations rather than from this instrument itself. The instrument nonetheless records these associations as part of Schedule metadata.

Third parties and commercial actors. The instrument does not itself enumerate the obligations that third parties owe to or about listed persons. However, because the instrument maps names to the regulatory categories used in the Autonomous Sanctions Regulations 2011 (s 3), it is the authoritative source for lists that banks, businesses, lawyers, trustees, and other intermediaries will consult when applying sanctions compliance measures. In practice, anyone whose compliance procedures are triggered by "designated" or "declared" listings under the Regulations will be affected because the instrument determines who is on those lists. That connection is implicit: this instrument is the statutory vehicle that identifies the subjects of Regulations-created constraints.

Jurisdictional scope. The text situates the designations "for Libya" (s 3). It does not itself assert extra-territorial reach, nor does it define the classes of Australian persons to whom the Regulations apply. Those jurisdictional and coverage questions are matters for the Autonomous Sanctions Regulations 2011. Practitioners must therefore treat this instrument as a list-making measure that informs who is subject to the regulatory regime specified elsewhere.

Continuity for prior lists. Sections 5 and 6 continue the effect of earlier designations and declarations for particular listed items following amendment instruments made in 2020 and 2023. That continuation means that, for the items specified in ss 5(1)-(3) and 6(1)-(3), the already-applied legal status remains in force on and after the dates those amendment instruments were made. The precise items continued are identified in those subsections by number, which affects the legal exposure of those numbered entries.

The instrument itself does not set out duties, rights, criminal offences or civil remedies. Its legal effect is to attach persons and entities to categories used in the Autonomous Sanctions Regulations 2011 so that the duties, prohibitions and any rights specified in those Regulations apply to the persons and entities named (s 3). Consequently, determining precise duties and rights requires consulting the Autonomous Sanctions Regulations 2011 and any relevant subordinate rules or directions which implement paragraph 6(a) and 6(b) obligations.

What this instrument does specify that is directly relevant to duties and rights is: (a) who is a "designated person or entity for Libya" and who is a "declared person for Libya" within the meaning of the Regulations (s 3); and (b) which earlier designations and declarations continue to have effect after specific amendment instruments (ss 5-6). The effect of those entries is to place the listed persons and entities within the scope of whatever enforcement, prohibitory or compliance mechanisms the Regulations create for designated and declared persons.

Rights implicit in list publication. By placing names and identifying information into Schedule 1, the instrument creates legal certainty as to who is captured by the Regulations' labels. That supports the rights of listed persons to know the factual basis of their listing as to name, alias and address details recorded in the Schedule. The Schedule also records the "Instrument of first designation" for the entities shown (F2012L00481). That metadata provides a route for listed parties and advisers to trace the provenance of a designation.

Continuity and legal status. Sections 5 and 6 expressly continue the effect of particular earlier designations and declarations. Where an earlier designation had created or triggered duties, the continuation clauses preserve those legal effects , the legal status remains in place for the items specified (ss 5-6). The instrument thereby reduces uncertainty that might otherwise arise when amendment instruments are made, by affirming that certain items continue to be treated as designated or declared after the amendments identified.

Absence of remedial mechanisms in this instrument. The instrument does not set out any procedure for removal, variation or review of listings. Any such procedural rights , for example to seek delisting or to request administrative review , must be located in the Autonomous Sanctions Regulations 2011 or in other applicable administrative law frameworks. Practitioners must therefore treat this instrument as a declaratory and list-making tool, not as the place to find appeal or delisting processes.

This instrument does not itself create prohibitions or penalties. It operates by identifying persons and entities as falling within the categories established in the Autonomous Sanctions Regulations 2011 (s 3). Any criminal or civil penalties, enforcement mechanisms, authorised exercises of discretion, or compliance obligations therefore derive from the Autonomous Sanctions Regulations 2011 and other applicable legislation, not from this list instrument.

The instrument does, however, indicate its relationship to enforcement via the continuation provisions. Sections 5 and 6 preserve the effect of earlier designations and declarations made under paragraph 6 of the Autonomous Sanctions Regulations 2011 when specified amendment instruments were made. That continuation of effect ensures that enforcement regimes anchored to those earlier designations remain operational in respect of the identified items, so long as the Regulations and associated penalty provisions remain in force.

Practical enforcement consequences for third parties will flow from the Regulations. Because this instrument is the statutory list, enforcement agencies, compliance officers and financial institutions will use the Schedule entries to identify persons and entities subject to the Regulations. The Schedule facilitates matching and screening processes by providing aliases, addresses and other identifying metadata for listed entities (Schedule Part 2 entries include aliases, addresses, and "Additional Information" such as names of chairs or command figures).

No enforcement agency is named or empowered in this instrument. The instrument contains no operational directions for enforcement agencies, no specification of delegated powers, and no catalogue of penalties. To determine which agencies may enforce the Regulations, and what penalties apply for contraventions involving designated or declared persons, users must consult the Autonomous Sanctions Regulations 2011 and any related enforcement instruments. This instrument should therefore be read as the authoritative list component that enables enforcement under other instruments rather than as an enforcement source in its own right.

Primary cross-reference. The instrument expressly operates under the Autonomous Sanctions Regulations 2011. Section 3 refers to paragraph 6(a) and 6(b) of that Regulations instrument for the legal categories that this list populates. Section 4 states that Part 3 is made for the purposes of subregulation 9(3) of the Autonomous Sanctions Regulations 2011. Those references establish the direct legal interaction: this instrument supplies names and metadata that the autonomous sanctions Regulations rely upon.

Amendment instruments. Sections 5 and 6 link this instrument to subsequent amendment instruments by name. Section 5 continues the effect of certain numbered schedule items on and after the date of making of the Autonomous Sanctions (Designated Persons and Entities and Declared Persons,Libya) Amendment (Continuation of Effect) Instrument 2020. Section 6 continues the effect of certain items on and after the date of making of the Autonomous Sanctions (Designated Persons and Entities and Declared Persons - Libya) Amendment (No. 1) Instrument 2023. Those subsections therefore create an inter-temporal interaction: listings and declarations made earlier in the instrumentary history remain in force despite later amendments, to the extent specified.

Instrument of first designation. The Schedule lists the "Instrument of first designation" for the entities shown. For the entries displayed that instrument is "Autonomous Sanctions (Designated Persons and Entities and Declared Persons - Libya) List 2012 [F2012L00481]". That citation indicates provenance and connects this instrument to prior legislative or regulatory instruments. Users needing the history or rationale of a designation must trace the cited instrument and the amendment instruments noted in ss 5-6.

Regulatory gap-filling. Because this instrument contains only list entries and continuation clauses, substantive prohibitions, civil or criminal consequences, licensing exemptions, or authorisations will be found in other laws and subordinate instruments. The legal effect of being "designated" or "declared" therefore depends on those other provisions. Practitioners must cross-check this list against the text of the Autonomous Sanctions Regulations 2011 and any relevant criminal, administrative or civil statutes that are drawn into the sanctions regime by that Regulations instrument.

Administrative law and judicial review. This instrument does not provide its own appeal mechanism; any challenges to the lawfulness of a listing will be governed by the procedural avenues available under administrative law, and by review routes set out in the Regulations or other legislation. The instrument therefore interacts with general administrative law frameworks and with the substantive rules in the Autonomous Sanctions Regulations 2011.

International and private law implications. The Schedule includes addresses outside Australia, email addresses and websites for some entities. Those factual details may be used by private parties, banks and foreign regulators when screening against Australian sanctions lists, but the instrument itself does not purport to regulate foreign jurisdiction law. The interaction between this instrument and foreign sanctions, export control regimes, or private contractual law is not established in the instrument text and will depend on external legal frameworks.

Original instrument. The instrument is titled Autonomous Sanctions (Designated Persons and Entities and Declared Persons - Libya) List 2012 (s 1). The Schedule entries shown record an "Instrument of first designation" for the entities reproduced, citing the same 2012 instrument number [F2012L00481] in each entry. That indicates the initial designations for those entries date to the 2012 instrument.

Continuation amendments recorded. This instrument records continuation of effect in relation to later amendment instruments. Section 5 is headed "Continuation of effect of designations and declarations on and after date of making of the Autonomous Sanctions (Designated Persons and Entities and Declared Persons,Libya) Amendment (Continuation of Effect) Instrument 2020". That subsection expressly continues the designation under paragraph 6(1)(a) and the declaration under paragraph 6(1)(b) of the Autonomous Sanctions Regulations 2011 for certain listed items in Part 1 of Schedule 1, and continues the designation for certain entities in Part 2 (s 5(1)-(3)). Section 6 mirrors that approach for the Autonomous Sanctions (Designated Persons and Entities and Declared Persons - Libya) Amendment (No. 1) Instrument 2023, continuing the effect of specified items on and after the date that 2023 amendment was made (s 6(1)-(3)).

Specific item continuations. The instrument specifies which numbered items continue to have effect under each continuation amendment:

• Under the 2020 continuation instrument (s 5): Part 1 (persons) items 1 to 5, 7 to 9, 12 to 17 and 19 to 21 are continued as designations and declarations; Part 2 (entities) items 1 to 6 and 8 and 9 are continued as designations (s 5(1)-(3)).

• Under the 2023 continuation instrument (s 6): Part 1 (persons) items 1, 3, 5, 7 to 9, 13 to 17, 19 and 21 are continued as designations and declarations; Part 2 (entities) items 5, 8 and 9 are continued as designations (s 6(1)-(3)).

These enumerations show that the instrument has been updated, or at least clarified, in relation to later amendments by expressly maintaining the force of particular numbered Schedule items after amendment events.

No repeal or delisting clauses in this text. The instrument does not include provisions that remove, suspend or vary listings. It records continuations for selected items but does not catalogue any deletions or replacements. Any variation history, delisting, or repeal would have to be found in separate amendment instruments or in the Autonomous Sanctions Regulations 2011 framework.

Metadata and provenance. The Schedule entries include the instrument of first designation reference for the entities shown. That facilitates tracing the administrative lineage of a designation to its first publication. Practitioners seeking full amendment history will need to follow up the instrument numbers cited, and review amendment instruments named in ss 5 and 6 to establish the dates and content of each change.

The text of this instrument contains no references to litigation, court decisions, or judicial review outcomes. It does not record any active or concluded proceedings challenging any of the listings it records. There are no cases named, no citations to judgments, and no internal summaries of litigation. The instrument functions as a legislative list rather than a judicially-informed document.

Consequently, within the scope of the source text provided, there is no litigation history to summarise. Practitioners seeking to know whether any of the listed persons or entities have been the subject of legal challenges, or whether decisions to designate or declare have been judicially reviewed, must consult court records, administrative law decisions, or consolidated public registers that track challenges to autonomous sanctions listings. Those materials are not in this instrument.

Readers should therefore treat this document as part of the administrative record of designations and continuations; to establish whether a judicial process has affected any item, one must search external judicial and tribunal databases, or the administrative records that accompany the Autonomous Sanctions Regulations 2011. The instrument itself provides the identifiers (names, aliases, instrument-of-first-designation citation and addresses) that are useful to triangulate any litigation records in other sources.

This instrument contains a number of features and omissions that create practical challenges for compliance officers, lawyers and third parties relying on the list.

1. List incompleteness in the provided excerpt. The continuation clauses (ss 5-6) refer to schedule items numbered beyond those shown in the excerpt. For example s 5(1) and s 6(1) refer to items 1 to 21 in Part 1; s 5(3) refers to Part 2 items 1 to 6 and 8 and 9. Yet the Schedule excerpt includes only Part 2 items 5, 8 and 9. That means users must ensure they consult the complete version of Schedule 1 as published, rather than relying on a partial reproduction. Compliance screening that uses incomplete lists risks false negatives.

2. Distinct legal labels. The instrument creates two overlapping labels: "designated person or entity for Libya" and "declared person for Libya" (s 3(1)-(2)). The labels are not defined in this instrument. Users cannot infer the different legal consequences of each label from this text alone and must check paragraphs 6(a) and 6(b) of the Autonomous Sanctions Regulations 2011 to determine whether duties differ for a "designated person" as against a "declared person". Treat the two labels as separate statutory categories that may carry different legal effects under the Regulations.

3. Continuation complexity. Sections 5 and 6 continue only specified numbered items following amendment instruments. The intersection between items continued by the 2020 instrument (s 5) and the 2023 instrument (s 6) is not explained; items appearing in both lists may require careful chronology checks to determine present status. Because the instrument uses numbered items rather than names in the continuity clauses, name/number mapping is essential to ensure the correct legal status is applied.

4. Metadata reliability. The Schedule includes identifiers such as email addresses, websites, addresses and names of officers (Additional Information). Those fields may be useful for screening, but their accuracy, currency and completeness are not guaranteed by this instrument. For example, websites and emails listed are factual content included in the Schedule; practitioners should verify them independently before relying upon them for service, notice, or legal communications.

5. No procedural detail for delisting. This instrument does not set out a procedure for removal or review. The absence of procedural text here means that parties seeking to challenge or vary a designation must locate the process in other instruments or statutory provisions, or seek judicial review. Do not assume removal mechanisms are contained in this list.

6. International addresses. The Schedule includes non-Australian addresses (e.g. a Geneva address for item 5). That has practical consequences for cross-border investigation, asset tracing and screening, but does not itself change the jurisdictional reach of any enforcement measures.

7. Reliance on external Regulations. The operative prohibitions, exemptions, licences and penalties are in the Autonomous Sanctions Regulations 2011. Failure to consult those Regulations in combination with this list may produce compliance errors.

8. Instrument citations. The Schedule entries cite the instrument of first designation as F2012L00481. If practitioners use public registers that identify designations by instrument number, they should verify that their data sources use consistent citation formats.

Step 1: Obtain the complete Schedule. The excerpt provided here is partial. Start by retrieving the full, current version of this instrument as published in the federal register or consolidated instrument repository so that all Part 1 (persons) and Part 2 (entities) items and numbers are available for screening (ss 1, 3, 5-6).

Step 2: Map names, aliases and metadata. For each listed item, capture the exact legal name, aliases, addresses, email and website entries and any identified officers noted in the Schedule. The Schedule entries include alias fields and "Additional Information" for entities (Schedule Part 2 entries). Use exact-match and fuzzy-match screening rules in transaction monitoring systems to catch alternative transliterations and aliases.

Step 3: Cross-check with the Autonomous Sanctions Regulations 2011. This instrument attaches people and entities to the categories used in the Regulations (s 3). Determine what duties, prohibitions, licensing regimes and offences in the Autonomous Sanctions Regulations 2011 apply to "designated" and "declared" persons and entities. That step is necessary because the list instrument itself does not specify prohibitions or penalties.

Step 4: Apply continuation clauses. Where items are specified in ss 5 and 6 as continuing in effect following the 2020 and 2023 amendment instruments, record that those numbered items remain designated or declared as specified. Reconcile numbering to the full Schedule to avoid mistakes created by partial extracts (ss 5-6).

Step 5: Update compliance rules and internal policies. Incorporate the list entries into client- and transaction-screening software, counterparty onboarding checks, sanctions watchlists and vendor/charity due diligence. Use the instrument-of-first-designation citation (where provided) to trace provenance and any supporting explanatory material that may assist in suspicious activity reporting or licence applications.

Step 6: Seek licences or exemptions if necessary. If, after consulting the Autonomous Sanctions Regulations 2011, a proposed transaction appears to be prohibited in relation to a designated or declared person, check whether licensing or authorisation options exist within the Regulations or associated ministerial powers. This instrument does not record any licences.

Step 7: Maintain audit trails. Record searches, matches, decisions, and approvals or denials of transactions in compliance logs. Because this instrument provides names and identification data, it is the source record for any regulatory checking and should be cited in internal documentation when a listing informs a decision.

Step 8: Verify live accuracy of identifiers. Contact details and web addresses in the Schedule may change. Where reliance on such details is material to the legal position (for example when attempting to provide notice or request delisting), verify historical and current data from independent sources before proceeding.

Step 9: Monitor amendment instruments. The instrument expressly references amendment instruments made in 2020 and 2023 (ss 5-6). Subscribe to official amendment notices and the consolidated sanctions register to capture additions, continuations, removals and other changes so that the compliance list remains current.

Step 10: Consider legal advice for contested listings. The instrument does not set out procedures for review or delisting. If a client is listed, or if a proposed transaction raises significant legal risk, obtain specialised legal advice to identify available administrative review routes, potential licence applications and judicial review options under general administrative law, and to interpret how the Autonomous Sanctions Regulations 2011 apply to the specific facts.

In sum, this instrument is the canonical list component that determines who is placed in the statutory categories created by the Autonomous Sanctions Regulations 2011. Compliance therefore requires (1) working from the complete Schedule, (2) mapping list entries into internal screening and decision-making processes, and (3) cross-referencing the relevant provisions of the Autonomous Sanctions Regulations 2011 for the detailed duties, prohibitions and enforcement rules that actually constrain behaviour.