24 May 2024
Purpose
This Industry Advice Notice (IAN) is to advise that the Australian Government has listed the Ansar Allah group (also known as the Houthis) in Yemen as a terrorist organisation under the Criminal Code Act 1995 (the Criminal Code). The listing came into effect on 24 May 2024.
Summary of changes and key points
- Given Ansar Allah’s targeting of commercial vessels in the Red Sea and Gulf of Aden, the Government has determined that these activities constitute conduct that meets the definition of a terrorist organisation and has listed the group as a terrorist organisation under Australia’s Criminal Code Act 1995 (the Criminal Code). The listing came into effect on 24 May 2024.
- In conjunction with listing Ansar Allah under the Criminal Code, they have also been placed under Part 4, Charter of the United Nations Act 1945 (COTUNA) sanctions under Australia’s implementation of United Nations (UN) Security Council Resolution 1373 on preventing and suppressing terrorist financing (counter-terrorism financing sanctions). These sanctions also came into effect on 24 May 2024.
- Australian businesses can still export to Yemen but should conduct their own due diligence to ensure they do not breach sanctions laws and the Criminal Code.
- The listing and sanctions are aimed at Ansar Allah, recognising the criminal conduct they are engaged in. The Government’s actions are not intended to adversely affect Yemen’s import of commodities by commercial operators with no links to the group.
- If Australian exporters have any concerns in relation to these developments, they should:
- seek independent legal advice
- conduct their own due diligence arrangements, and
- check Australia’s consolidated list on the Department of Foreign Affairs and Trade website for individuals and entities listed for targeted financial sanctions under Australian sanctions laws.
- Businesses, non-government organisations (NGOs), and organisations operating in Yemen should also seek independent legal advice and take appropriate measures to ensure funds or assets are not provided to listed persons or entities.
Background
Ansar Allah’s attacks on ships in the Red Sea and surrounding waters endangers civilians, interferes with navigational rights and freedoms in the waters around the Arabian Peninsula. The attacks also undermine maritime security and global prosperity.
Listing a terrorist organisation is an important deterrent and response to terrorist activity.
The Criminal Code contains criminal offences which address a range of conduct in relation to terrorist organisations, including:
- getting funds to, from, or for a terrorist organisation.
- providing support or resources to a terrorist organisation, where that support would help the terrorist organisation prepare, plan, assist or foster the doing of a terrorist act.
- associating with members of a listed terrorist organisation.
Ansar Allah is also subject to targeted financial sanctions and an arms embargo. Under Australia’s sanctions framework, it also becomes a criminal offence to:
- make assets available to Ansar Allah.
- use or deal with the assets of Ansar Allah.
- supply technical advice, assistance or training related to military activities to Ansar Allah.
- supply, sell or transfer (directly or indirectly) arms or related matériel to Ansar Allah.
Industry responsibilities
Industry stakeholders should familiarise themselves with the information provided in this notice.
Any stakeholders concerned with exporting should seek independent legal advice.
Contact information
If you have any questions regarding this IAN, please email the Economic Security team.
David Garner
Assistant Secretary
International Organisations and Negotiations Branch