AUSTRALIAN IMPLEMENTATION OF TRAVEL RESTRICTIONS

C O N F I D E N T I A L CANBERRA 000337

SIPDIS

SIPDIS

STATE FOR ISN/RA R.MONGIELLO AND R.NEPHEW
STATE ALSO FOR NEA AND EAP

E.O. 12958: DECL: 04/04/2018
TAGS: MNUC KNNP IR AS
SUBJECT: AUSTRALIAN IMPLEMENTATION OF TRAVEL RESTRICTIONS
IN UNSCRS 1737, 1747 AND 1803

REF: A. STATE 34974


B. STATE 33674

C. CANBERRA 302

D. CANBERRA 301

E. STATE 29464

F. STATE 29096

Classified By: Political Counselor James F. Cole for reasons 1.4 (b),(d
).


1. (C) Poloff presented Ref A points and a request for the
status of Australia's implementation of travel-related
provisions of UNSCRs 1737, 1747 and 1803 to Peter Scott,
Director for Sanctions and Transnational Crime, International
Legal Branch, Department of Foreign Affairs and Trade, on
April 4. Scott's office is responsible for coordinating
travel-related bans and restrictions within the GOA,
primarily in cooperation with the Department of Immigration
and Citizenship.


2. (C) Scott noted that the Governor-General, acting on the
advice of the Cabinet, had issued regulations in June 2007
(Migration (United Nations Security Council Resolutions)
Regulations 2007) under the Migration Act of 1958 that apply
to prohibit or restrict issuance of visas to persons named in
UN Security Council resolutions, including 1737, 1747 and

1803. The 2007 regulatory changes updated the meaning of a
UNSC-designated person; spelled out special criterion for
grant of visas; and prescribed the grounds for cancelling
visas.


3. (C) Scott explained that Australia's Movement Alert List
(MAL) has been updated to include not only those persons
banned from entering or transiting Australian territory, but
also all persons subject to asset freezing or whose travel is
subject to reporting. An application for a visa by any
person on the Movement Alert List triggered an alert to DFAT
and/or other agencies responsible for taking action on the
specific case. The system was as an effective mechanism to
screen and prevent travel to Australia by persons of
proliferation concern or who were subject to a travel ban,
according to Scott. This included refusal of visas to
Iranians on a regular basis.


4. (C) In addition to the Movement Alert List, Scott
continued, Australia also employed another mechanism to
prevent or restrict travel of persons covered under UNSCRs
1737, 1747 and 1803: the Public Interest Criterion contained
in Schedule 4, 4003 (b) of the 1994 Migration Regulations of
the Migration Act of 1958 gives the GOA authority to refuse
or cancel visas to persons of WMD proliferation concern.


5. (U) Full text of the Migration (United Nations Security
Council Resolutions) Regulations 2007 is available online at
the Federal Register of Legislative Instruments website:
http://frli.law.gov.au. A full description of Australia's
sanctions implementation can be found online at the
Department of Foreign Affairs and Trade website at:
http://www.dfat.gov.au/un/unsc sanctions/index.html.

MCCALLUM