What happens if we don't comply with sanctions?
Contravening a sanctions measure or a condition of a sanctions permit is a serious offence
- Punishable for individuals by up to 10 years in prison and/or a fine the greater of greater of 2500 penalty units ($525,000 as of 26 August 2019) or three times the value of the transaction.
- Punishable for bodies corporate by a fine the greater of 10,000 penalty units ($2.1 million as of 26 August 2019) or three times the value of the transaction.
- The offences are strict liability offences for bodies corporate, meaning that it is not necessary to prove any fault element (intent, knowledge, recklessness or negligence) for a body corporate to be found guilty.
(Charter of the United Nations Act 1945, section 27. Autonomous Sanctions Act 2011, section 16.)
As of 26 August 2019, the value of a penalty unit is $210, prescribed by the Crimes Amendment (Penalty Unit) Act 2017.
Giving false or misleading information in connection with the administration of a sanction law is also a serious offence
- A sanctions permit is taken never to have been granted if false or misleading information was contained in the application for the permit.
- Punishable by up to 10 years in prison and/or a fine of 2500 penalty units ($525,000 as of 26 August 2019).
(Charter of the United Nations Act 1945, sections 13A, 28. Autonomous Sanctions Act 2011, sections 15, 17.)
These offences apply broadly
- To any activity in Australia.
- To any Australian citizen anywhere in the world.
- To any person using an Australian flagged vessel or aircrafts (Various sets of regulations made under the Charter of the United Nations Act 1945 and Autonomous Sanctions Act 2011)