Additional comments from Coalition members of the Human Rights Subcommittee

1.1The Coalition Senators and Members support the Committee’s Report on the Review into the operation of the Autonomous Sanctions Amendment (Magnitsky-style and other Thematic Sanctions) Act 2021, although hold the view that additional considerations and improvements should be undertaken in the 48th Parliament.

1.2Coalition Senators and Members note the evidence of community concerns relating to a lack of transparency on the process of selection or non-selection of entities under consideration for sanctions action by the responsible Minister, including the deliberations of the responsible Department prior to recommendations being given to the responsible Minister. Measures to address these concerns should be considered.

1.3Coalition Senators and Members hold the view that entities, including individuals, private companies, state-owned enterprises, and those connected to organs of the State belonging to China, North Korea, and Iran, are significantly under-represented in sanctions lists, including sanctions related to international support for Russia in its illegal war of territorial annexation against Ukraine, and domestic human rights abuses targeted against ethnic, religious, linguistic, and cultural minorities.

1.4Coalition Senators and Members hold the view that hostage diplomacy perpetrated by a State should attract sanctions action.

1.5Coalition Senators and Members hold the view that generally there is insufficient public communication of sanctions action, and the reasons for such action. It would serve the public interest to clearly communicate to the public new sanctions action when it enters into force.

1.6Coalition Senators and Members are concerned that a real person designated as an entity for sanctions action may have assets that survive the decease of that person, and the removal of sanctions at the death of that person may then release assets from the deceased estate to continue perpetrating sanctionable activities through the actions of beneficiaries or their agents. This is an area for further consideration and possible remedial action.

Senator the Hon Linda Reynolds CSC

Deputy Chair, Human Rights Subcommittee

Senator the Hon David Fawcett

Deputy Chair, Joint Standing Committee on Foreign Affairs, Defence and Trade

Senator Dean Smith