Michael Danby (Melbourne Ports, Australian Labor Party) Share this | Link to this | Hansard source

asked the Minister for Foreign Affairs, in writing, on 15 November 2010:

(1) Has he raised the issue of Chinese firms evading sanctions placed on Iran by the United Nations Security Council under resolution 1929, by supplying Iran's nuclear, missile and military programs with dual-use goods; if so, with whom and what was the outcome; if not, why not.

(2) Can he confirm that the United States State Department Special Advisor for Non-proliferation and Arms Control, Robert J. Einhorn, visited China in September 2010 to hand deliver a list containing evidence of cases involving sales of sensitive equipment.

(3) Has Australia taken any action against Chinese firms evading United Nations sanctions; if so, what action was taken; if not, why not.

Kevin Rudd (Griffith, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

The answer to the honourable member's question is as follows:

(1) Australia engages in regular dialogue with China on Iran's nuclear program. Australian officials have discussed with Chinese officials the importance of rigorous implementation by China of UNSC resolution 1929 (2010) and other UNSC resolutions on Iran.

(2) Mr Einhorn's visit to China in September 2010 is on the public record. The substance of Mr Einhorn's visit is a matter for the US and Chinese governments.

(3) The UNSC requires all member states to implement UNSC decisions imposing sanctions. China has responsibility to ensure that Chinese firms do not contravene UNSC sanctions. Australia's implementation of UNSC sanctions applying controls on the supply of goods and services and financial restrictions in respect of Iran apply to any person in Australia, any Australian anywhere in the world and to any person using an Australian flag vessel or aircraft to transport goods or provide services that are subject to UNSC sanctions. Australia's sanctions laws also apply to Australians and Australian companies with respect to the conduct of any foreign body corporate they own or control, but not to the foreign body corporate directly. A foreign firm would therefore only be liable to prosecution by Australian authorities for violating UNSC sanctions if it did so on Australian territory, or using an Australian flagged vessel or aircraft. To date there have been no prosecutions of Chinese firms in Australia on the grounds of violating UNSC sanctions on Iran.