Australia: Russia sanctions regime

Australia imposes autonomous sanctions in relation to Russia in response to the Russian threat to the sovereignty and territorial integrity of Ukraine. They were first imposed in 2014 and extended in 2015 and 2022. Australia imposes other autonomous sanctions in relation to the specified Ukraine regions in response to the Russian threat to the sovereignty and territorial integrity of Ukraine. Go to the Specified Ukraine Regions Sanctions Regime and the Ukraine Sanctions Regime for further information.

Australia will also 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 Regulations also include a power for the Minister to specify other areas of Ukraine, should they fall under Russian influence, to which these sanctions measures would then apply.

IMPORT PROHIBITION – OIL AND OTHER ENERGY PRODUCTS

Australia will prohibit the import of oil, refined petroleum products, natural gas, coal and other energy products from Russia. The Autonomous Sanctions (Import Sanctioned Goods—Russia) Designation 2022 (the Import Designation) designates as ‘import sanctioned goods’ for Russia all goods in Chapter 27 of the Combined Australian Customs Tariff Nomenclature and Statistical Classification. This document is available on the Australian Border Force website.

The Import Designation will commence on 25 April, 45 days after it was registered on the Federal Register of Legislation on 11 March. The Minister for Foreign Affairs made the Import Designation under subregulation 4A(3) of the Autonomous Sanctions Regulations 2011.

EXPORT PROHIBITION – SPECIFIED LUXURY GOODS

Australia will prohibit the supply, sale or transfer of certain luxury goods directly or indirectly to, for use in, or for the benefit of Russia. The Autonomous Sanctions (Export Sanctioned Goods—Russia) Amendment (No.1) Designation 2022 (the Designation) designates certain luxury goods as ‘export sanctioned goods’ for Russia. The Designation will commence on 7 April.

The goods designated by the Designation are described by reference to codes in the Australian Harmonized Export Commodity Classification (AHECC). The AHECC is available on the Australian Bureau of Statistics website. The Minister for Foreign Affairs made the Designation under sub regulation 4(3) of the Autonomous Sanctions Regulations 2011.

The Russia sanctions regime imposes the following sanctions measures:

Restrictions on the export or supply of certain goods

• It is prohibited to directly or indirectly supply, sell or transfer to Russia any of the following goods:
• arms or related materiel
• aluminium ores (including bauxite), alumina and related products
• certain luxury goods (as listed in the Autonomous Sanctions (Export Sanctioned Goods – Russia) Amendment (No.1) Designation 2022)
• items suited for use in the following categories of oil exploration or oil production projects in Russia (as specified in the Autonomous Sanctions (Russia, Crimea and Sevastopol) Specification 2015):

1. oil exploration and production in waters deeper than 150 metres;
2. oil exploration and production in the offshore area north of the Arctic Circle;
3. projects that have the potential to produce oil from resources located in shale formations by way of hydraulic fracturing (other than exploration and production through shale formations to locate or extract oil from non‐shale reservoirs).

Arms or related matériel includes, but is not limited to, weapons, ammunition, military vehicles and equipment, and spare parts and accessories for any of those things. It also includes paramilitary equipment. While each case will be considered individually, goods on the Defence and Strategic Goods List are likely to be considered arms or related matériel. Depending on the context, end user and end use, other goods may also be considered arms or related matériel. Go to Factsheet: Arms and Related Matériel for information on what to consider when assessing whether a good is an arm or related matériel.

Restrictions on certain commercial activities

It is prohibited to deal with financial instruments issued by, or providing loans or credit to:

• specified publicly‐owned or controlled Russian banks
• specified Russian companies predominantly engaged in activities relating to military equipment or services
• specified publicly‐owned or controlled Russian companies involved in the sale or transport of crude oil or petroleum products
• majority owned subsidiaries or entities acting as agents for any of the above.

This information was published by the Australia Department of Foreign Affairs and Trade. To read the original article go to:  https://www.dfat.gov.au/international-relations/security/sanctions/sanctions-regimes/russia-sanctions-regime