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Legal developments concerning blockchain and digital assets are not limited to the English-speaking world or to common-law jurisdictions.
Australia | Publication | February 2023
2022 saw the largest increase in the number of sanctions imposed by Australia, demonstrating the important role that international sanctions can play in furthering Australia’s strategic aims.
Within this context, the Australian Sanctions Office, the entity responsible for administering international sanctions within the Department of Foreign Affairs and Trade, has released Terms of Reference for a review of Australia’s autonomous sanctions framework (the Review). The purpose of the Review is to provide recommendations on possible legislative amendments to Government for its consideration.
The Review will consider whether the Autonomous Sanctions Framework “remains fit for purpose and will seek to identify administrative and regulatory efficiencies for government and the public, with a view to ensuring continued robust sanctions administration, regulation, and compliance.”
The Terms of Reference note that the Review will consider (this list is not exhaustive):
The legal framework for autonomous sanctions comprises the Autonomous Sanctions Act 2011 (Cth) (the Act), the Autonomous Sanctions Regulations 2011 (Cth) (the Regulations), and 18 legislative instruments made under the Act and Regulations. The Review will consider the legal framework for autonomous sanctions ahead of the automatic expiry on 1 April 2024 of the Regulations and associated instruments.
Having regularly advised on the scope and application of the Act and Regulations across the various sanctions regimes, we see the Review as providing an opportunity for:
For those entities who regularly engage with the Act and Regulations, we see this review as an opportunity to provide input on making the legal framework more efficient and effective, particularly in areas such as sanctions screening.
A copy of the Issues Paper is available here.
If you wish to make a submission, the closing date for submissions is 26 February 2023. The Review will be completed by 30 June 2023.
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Legal developments concerning blockchain and digital assets are not limited to the English-speaking world or to common-law jurisdictions.
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