Sanctions Compliance

RMIT is subject to various sanctions legislation including the United Nations Security Council (UNSC) sanctions regimes, Australian autonomous sanctions regimes and the Defence Trade Controls legislation.

Sanctions

Australia imposes two main types of sanctions measures; multilateral sanctions based on resolutions made by the United Nations Security Council (UNSC) and Australian autonomous sanctions, which may supplement UNSC based measures or are imposed unilaterally to address a situation Australia views as requiring action. Sanctions are punitive measures not involving the use of armed force that seek to apply pressure on regimes to desist in the repression of human rights and democratic freedoms, or the pursuit of internationally or regionally destabilising policies (such as WMD proliferation).

Types of sanctions measures

Different sanctions regimes impose different sanctions measures, which may include general prohibitions on:

  • providing a sanctioned service to citizens of a sanctioned country, including the provision of technical assistance or training provided in relation to a military activity or the manufacture, maintenance or use of an ‘export sanctioned good’
  • dealing with a designated person or entity identified on DFAT’s Consolidated List, including directly or indirectly making an asset available, or for the benefit or a ‘designated person or entity’. “Asset” is broadly defined to include intellectual property, or
  • engaging in a ‘sanctioned commercial activity’.

While not formally a sanctions measure, there is also a general prohibition on financial transactions of $20,000 or more with Iran.

Detailed information about sanctions measures imposed by a particular sanctions regime, including a list of sanctioned countries, can be found at http://www.dfat.gov.au/sanctions/sanctions-regimes/.

Penalties and liability

Australian sanctions laws establish serious criminal offences for contravening a sanctions measure or a condition of a sanctions permit.

  • For individuals: 10 years in prison, and/or a fine the greater of $425,000 or three times the value of the transaction
  • For bodies corporate (RMIT University): a fine the greater of $1.7million or three times the value of the transaction.

These 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. RMIT University is expected to take reasonable precautions and exercise due diligence to avoid breaching sanctions provisions.

RMIT processes

All international applications from sanctioned countries must undergo a person and entity check against the Consolidated List (undertaken by Quality and Regulation). In addition to this, all international HDR applications from sanctioned countries require approval from the Sanctions: HDR Application Evaluation Committee prior to admission.

Defence Trade Controls

Visit Defence Trade Controls for information about Export Control Compliance.


Useful links

Sanctions

List of sanctioned countries

Defence Trade Controls