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Sanctions - New listing criteria relating to Russia, and new sanctions measures for the Donetsk and Luhansk regions of Ukraine
The Autonomous Sanctions Amendment (Russia) Regulations 2022(the Russia Regulations)commenced on 25 February 2022. The Autonomous Sanctions Amendment (Ukraine Regions) Regulations 2022 (the Ukraine Regions Regulations) will commence on 28 March 2022.
The Russia Regulations insert new listing criteria for Russia into the Autonomous Sanctions Regulations 2011. The new listing criteria allow the Minister for Foreign Affairs to designate a person or entity for targeted financial sanctions, or declare a person for a travel ban, if:
- the Minister is satisfied that the person or entity is, or has been, engaging in activity or performing a function that is of economic or strategic significance to Russia;
- the person or entity is a current or former Minister or senior official of the Russian Government; or
- the person is an immediate family member' of a person listed under paragraphs (a) or (b).
When the Minister lists a person or entity, under these or any other listing criteria, the Australian Sanctions Office updates the Consolidated List of all listed persons and entities, which is available on the website of the Department of Foreign Affairs and Trade (DFAT). The Australian Sanctions Office also e-mails all registered subscribers.
The Ukraine Regions Regulations amend the Autonomous Sanctions Regulations 2011 to extend to the Donetsk and Luhansk regions of Ukraine the sanctions measures already applied to Crimea and Sevastopol.
These sanctions measures target exports and commercial activity in relation to the transport, telecommunications, energy and exploitation of oil, gas and mineral reserve sectors; and prohibit all imports.
These sanctions measures will apply to the Donetsk and Luhansk regions of Ukraine from 28 March 2022. This will allow Australians and Australian entities with interests in those regions to consider whether their activities are captured by the sanctions measures; and if they are, either to cease their activities, or to apply to the Minister for Foreign Affairs for a sanctions permit to continue their activities. The Minister may grant a permit if she considers it in the national interest to do so.