Russia Sanctions Regulations 2022

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2022/74

Russia Sanctions Regulations 2022

Cindy Kiro, Governor-General

Order in Council

At Wellington this 17th day of March 2022

Present:
Her Excellency the Governor-General in Council

These regulations are made under section 9 of the Russia Sanctions Act 2022—

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the recommendation of the Minister of Foreign Affairs made in accordance with section 8 of that Act.

Regulations

1 Title

These regulations are the Russia Sanctions Regulations 2022.

2 Commencement

These regulations come into force on 18 March 2022.

Part 1 Preliminary provisions

3 Purpose

The purpose of these regulations is to give effect to the Russia Sanctions Act 2022 by imposing sanctions in response to—

(a)

Russia’s military actions in relation to Ukraine; and

(b)

any assistance that any other country or person may give Russia in connection with those actions.

4 Designated persons and designated assets

These regulations apply to—

(a)

the persons described in regulations 7(1), 10(1), and 11(1) (who, accordingly, are designated persons for the purposes of the Act):

(b)

the assets described in regulations 8(1), 9(1), and 10(2) (which, accordingly, are designated assets for the purposes of the Act).

5 Interpretation

(1)

In these regulations, unless the context otherwise requires,—

Act means the Russia Sanctions Act 2022

associate, in relation to a person, has the meaning set out in subclause (2)

New Zealand person means—

(a)

an individual who—

(i)

is in New Zealand; or

(ii)

is a New Zealand citizen; or

(iii)

is ordinarily resident in New Zealand; or

(b)

an entity—

(i)

carrying on business in New Zealand; or

(ii)

incorporated or registered under New Zealand law

ordinarily resident in New Zealand has the meaning given in section 4 of the Crimes Act 1961

owns or controls has the meaning set out in subclause (3)

senior manager, in relation to an entity, has the meaning set out in subclause (4)

specified country means—

(a)

Belarus:

(b)

Russia.

(2)

In these regulations, a person (person A) is an associate of another person (person B) if any of the following applies:

(a)

person A, directly or indirectly, acts on behalf of, or at the direction of,—

(i)

person B; or

(ii)

another person (person C) who, directly or indirectly, acts on behalf of, or at the direction of, person B:

(b)

person A is an entity owned or controlled by person B:

(c)

person A is a senior manager of—

(i)

person B, if person B is an entity; or

(ii)

an entity owned or controlled by person B.

(3)

In these regulations, a person (person D) owns or controls—

(a)

an asset if person D owns or controls the asset, directly or indirectly; or

(b)

an entity if person D has—

(i)

a beneficial entitlement to, or a beneficial interest in, more than 25% of the interests, or rights to participate, in any capital, earnings, royalties, or other asset of the entity; or

(ii)

the power to control the composition of more than 25% of the governing body of the entity; or

(iii)

the right to exercise or control the exercise of more than 25% of the voting power at a meeting of the entity.

(4)

In these regulations, a person (person E) is a senior manager of an entity if any of the following applies:

(a)

person E occupies the position of a director of the entity (regardless of the name of the position):

(b)

person E occupies a position in relation to the entity that allows person E to exercise significant influence over the management or administration of the entity (for example, a chief executive of a company or a partner in a partnership):

(c)

person E is otherwise able, whether directly or through 1 or more interposed persons, to exercise significant influence over the management or administration of the entity.

6 Revocation

These regulations are revoked at the close of 17 March 2025.

Part 2 Travel ban

7 Sanctioned individuals not to travel to, enter, or remain in New Zealand

(1)

This regulation applies to an individual who is, or is in a class of persons that is, listed in the Schedule as a person or class sanctioned by this regulation (a sanctioned individual).

(2)

A sanctioned individual must not travel to, enter, or remain in New Zealand unless they are a New Zealand citizen or the holder of a residence class visa.

(3)

In this regulation, holder and residence class visa have the meanings given in section 4 of the Immigration Act 2009.

Part 3 Ships and aircraft

8 Ships not to enter ports in New Zealand

(1)

This regulation applies to a ship to which either of the following applies (a restricted ship):

(a)

the ship is—

(i)

owned or controlled by the Government of a specified country; or

(ii)

a military ship of a specified country; or

(iii)

chartered or operated by or on behalf of the Government of a specified country:

(b)

the ship is—

(i)

owned or controlled by a sanctioned person; or

(ii)

chartered or operated by or on behalf of a sanctioned person; or

(iii)

registered in the name of a sanctioned person.

(2)

However, a ship is not a restricted ship if it is a New Zealand ship or a New Zealand-owned ship.

(3)

A New Zealand person must not—

(a)

operate a restricted ship entering a port in New Zealand; or

(b)

permit or authorise a restricted ship to enter a port in New Zealand.

(4)

Subclause (3) does not apply—

(a)

in a situation where an individual or ship is in danger or distress; or

(b)

if the person is acting for the purpose of, or in connection with, the enforcement or intended enforcement of the Act.

(5)

In this regulation,—

New Zealand-owned ship has the meaning given in section 3 of the Ship Registration Act 1992

New Zealand ship has the meaning given in section 2(1) of the Ship Registration Act 1992

sanctioned person means a person who is, or is in a class of persons that is, listed in the Schedule as a person or class sanctioned by this regulation

ship means a vessel of any type whatsoever not permanently attached to the seabed, including a dynamically supported craft, a submersible, or any other floating craft (but this definition does not affect the meaning of New Zealand-owned ship and New Zealand ship).

9 Aircraft not to enter territorial airspace of New Zealand

(1)

This regulation applies to an aircraft to which any of the following applies (a restricted aircraft):

(a)

the aircraft is registered in a specified country:

(b)

the aircraft is—

(i)

owned or controlled by the Government of a specified country; or

(ii)

a military aircraft of a specified country; or

(iii)

chartered or operated by or on behalf of the Government of a specified country:

(c)

the aircraft is—

(i)

owned or controlled by a sanctioned person; or

(ii)

chartered or operated by or on behalf of a sanctioned person; or

(iii)

registered in the name of a sanctioned person.

(2)

A New Zealand person must not—

(a)

operate a restricted aircraft entering the territorial airspace of New Zealand; or

(b)

permit or authorise a restricted aircraft to enter the territorial airspace of New Zealand.

(3)

Subclause (2) does not apply—

(a)

to an emergency landing; or

(b)

in a situation where an individual or aircraft is in danger or distress; or

(c)

if the person is acting for the purpose of, or in connection with, the enforcement or intended enforcement of the Act.

(4)

In this regulation,—

sanctioned person means a person who is, or is in a class of persons that is, listed in the Schedule as a person or class sanctioned by this regulation

territorial airspace of New Zealand means the airspace above the sovereign territory of New Zealand, including above the territorial sea of New Zealand

territorial sea of New Zealand has the meaning given in section 3 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977.

Part 4 Assets and services

Prohibitions on dealing with assets and services

10 Prohibition on dealing with assets

(1)

This regulation applies to a person who is, or is in a class of persons that is, listed in the Schedule as a person or class sanctioned by this regulation (a sanctioned person).

(2)

This regulation also applies to an asset to which either of the following applies (a restricted asset):

(a)

the asset is owned or controlled by a sanctioned person:

(b)

the asset is—

(i)

shares in a sanctioned person; or

(ii)

a security or other arrangement or facility (by whatever name called) that has, or is intended to have, the effect of a person making an investment in, or managing a financial risk issued by, a sanctioned person.

(3)

A New Zealand person must not—

(a)

deal with a restricted asset, including a restricted asset located outside New Zealand; or

(b)

deal with any asset, including an asset located outside New Zealand, if dealing with the asset—

(i)

would result in a sanctioned person owning or controlling the asset; or

(ii)

would otherwise be for the benefit of a sanctioned person.

11 Prohibition on dealing with services

(1)

This regulation applies to a person who is, or is in a class of persons that is, listed in the Schedule as a person or class sanctioned by this regulation (a sanctioned person).

(2)

A New Zealand person must not deal with services that are—

(a)

provided by a sanctioned person; or

(b)

provided to, or for the benefit of, a sanctioned person.

When dealing with assets and services is permitted

12 Sanctions on assets and services do not apply in certain circumstances

(1)

The prohibitions and restrictions imposed by regulations 10 and 11 are subject to this regulation.

(2)

A New Zealand person may hold and use a bank account (or similar) with a sanctioned person if they held the account immediately before the relevant date.

(3)

A New Zealand person may receive money that is a restricted asset if, immediately before the relevant date, the person from whom it is received had a legal obligation to pay (whether at that time or in the future) the money to the New Zealand person.

(4)

A New Zealand person may hold (but not otherwise deal with) a restricted asset if they held the asset immediately before the relevant date.

(5)

A New Zealand person may use premises that are a restricted asset as the person’s principal place of residence (including making payments in relation to that use) if the premises were the person’s principal place of residence immediately before the relevant date.

(6)

A New Zealand person may deal with an estate or interest in land that is a restricted asset (including paying or receiving money in relation to it) if, immediately before the relevant date, the New Zealand person had a legal obligation to do so.

(7)

A New Zealand person may deal with a restricted asset or a service referred to in regulation 11(2),—

(a)

if the sanctioned person is an individual, for the purpose of providing the sanctioned person or their dependents with an asset or service that is reasonably necessary for personal or household purposes (such as food and clothing); or

(b)

if the New Zealand person is a lawyer, for the purpose of providing legal services in connection with the Act or these regulations; or

(c)

for the purpose of preserving, or maintaining the value of, a restricted asset; or

(d)

for the purpose of, or in connection with, the enforcement or intended enforcement of the Act.

(8)

In this regulation,—

lawyer and legal services have the same meanings as in section 6 of the Lawyers and Conveyancers Act 2006

relevant date means,—

(a)

in relation to a restricted asset, the date on which it became a restricted asset; and

(b)

in relation to a sanctioned person, the date on which they were, or the class of which they are a member was, listed in the Schedule

restricted asset has the same meaning as in regulation 10

sanctioned person has the same meaning as in regulation 10 or 11 (as the case requires).

Schedule Sanctioned persons

rr 7–11

Persons and classes of persons who are sanctioned		Regulations that sanction person or class
Part 1: Entities
Army of the Southeast		r 11
Cossack National Guard		r 11
Death Battalion		r 11
Donbass People’s Militia		r 11
International Union of Public Associations “Great Don Army”		r 11
Joint-Stock Company Almaz-Antey Corporation		r 11
JSC 558 Aircraft Repair Plant		r 11
JSC Integral		r 11
JSC Research and Production Corporation UralVagonZavod		r 11
Oplot Battalion		r 11
Prizrak Brigade		r 11
Promsvyazbank (PSB)		rr 10, 11
Sobol		r 11
Somali Battalion		r 11
Sparta Battalion		r 11
Tactical Missiles Corporation Joint Stock Company		r 11
The entity known as “Luhansk Guard”		r 11
Vostok Battalion		r 11
Zarya Battalion		r 11
Part 2: Individuals
Vladimir Vladimiovich Putin		rr 7, 8, 9, 10

Aelita Leonidovna Mamokova		r 7
Aleksander Pavlovich Lapin		r 7
Aleksandr Akimovich Karaman		r 7
Aleksandr Grigorievich Volfovich		r 7
Aleksandr Igorevich Kofman		r 7
Aleksandr Vasilyevich Bortnikov		rr 7, 8, 9, 10
Aleksandr Vladimirovich Gutsan		r 7
Aleksandr Yurievich Timofeev		r 7
Aleksey Konstantinovich Pushkov		r 7
Aleksey Vladimirovich Zavizon		r 7
Aleksey Vyacheslavovich Karyakin		r 7
Aleksey Yurevich Krivoruchko		r 7
Alexander Alexandrovich Zhuravlyov		r 7
Alexander Sergeevich Khodakovsky		r 7
Alexander Vasilyevich Fomin		r 7
Alexander Vedyakhin		r 7
Alexander Vitaliyovych Khryakov		r 7
Alexandr Aleksandrovich Kalyussky		r 7
Alexandr Vasilievich Shubin		r 7
Aliaksander Piatrovich Vetsianevich		r 7
Aliaksandr Mikalaevich Zaitsau		r 7
Aliaksandr Yauhenavich Shatrou		r 7
Aliaksei Ivanavich Rymasheuski		r 7
Anatoly Anatolyevich Seryshev		r 7
Andrei Burdyko		r 7
Andrei Leonidovich Kostin		r 7
Andrei Nikolaevich Rodkin		r 7
Andrei Sergeyevich Ivanayev		r 7
Andrey Ivanovich Sychevoy		r 7
Andrey Patrushev		r 7
Andrey Puchkov		r 7
Andrey Vitalyevich Ilyashenko		r 7
Andrey Yurevich Pinchuk		r 7
Andrey Zhuk		r 7
Andriy Yevgenovych Purgin		r 7
Anton Eduardovich Vaino		rr 7, 8, 9, 10
Anton Vyacheslavovich Krasovsky		r 7
Arkady Viktorovich Mamontov		r 7
Boris Alekseevich Litvinov		r 7
Boris Rotenberg		r 7
Darya Dugina		r 7
Denis Aleksandrovich Bortnikov		r 7
Denis Nikolaevitch Miroshnitchenko		r 7
Denys Volodymrovych Pushylin		r 7
Dmitriy Sergeevich Peskov		r 7
Dmitriy Yuryevich Grigorenko		r 7
Dmitry Anatolyevich Medvedev		rr 7, 8, 9, 10
Dmitry Pantus		r 7
Dmitry Utkin		r 7
Dmitry Vitalyevich Bulgakov		r 7
Eduard Aleksandrovich Basurin		r 7
Ekaterina Vladimirovna Filippova		r 7
Ekaterina Yurievna Gubareva		r 7
Elena Valerievna Kravchenko		r 7
Evgeny Vladimirovich Manuilov		r 7
Fedir Dmitrievich Berezin		r 7
Galina Utyutina		r 7
Gennadiy Timchenko		r 7
Gennady Valeryevich Zhidko		r 7
Georgieva Elena Aleksandrovna		r 7
Herman Oskarovich Gref		r 7
Igor Anatolyevich Komarov		r 7
Igor Arkadyevich Rotenberg		r 7
Igor Evgenevich Kakidzyanov		r 7
Igor Ivanovich Sechin		r 7
Igor Nikolaevich Bezler		r 7
Igor Olegovich Shchegolev		r 7
Igor Shuvalov		r 7
Igor Vladimirovich Osipov		r 7
Igor Vsevolodovich Girkin		r 7
Ihor Vladymyrovych Kostenok		r 7
Ivan Sechin		r 7
Kirill Nikolayevich Shamalov		r 7
Konstantin Fyodorovich Zatulin		r 7
Konstantin Sergeyevich Knyrik		r 7
Konstantin Valerevich Malofeev		r 7
Larisa Leonidovna Airapetyan		r 7
Leonid Ivanovitch Pasechnik		r 7
Lyubov Prigozhina		r 7
Maksim Borisovich Krasovskiy		r 7
Marat Faatovich Bashirov		r 7
Marat Khusnullin		r 7
Margarita Simonyan		r 7
Maria Zakharova		r 7
Maxim Alexandrovich Svidchenko		r 7
Maxim Gennadyevich Reshetnikov		r 7
Mikhail Vladimirovich Degtyarev		r 7
Mikhail Vladimirovich Mishustin		rr 7, 8, 9, 10
Miroslav Vladimirovich Rudenko		r 7
Modest Alexeyevich Kolerov		r 7
Natalya Petrovna Skorokhdova		r 7
Nikolay Aleksandrovich Pankov		r 7
Nikolay Anatolyevich Yevmenov		r 7
Nikolay Patrushev		rr 7, 8, 9, 10
Oleg Konstantinovich Akimov		r 7
Oleg Leonydovych Salyukov		r 7
Oleksandr Viktorovych Yanukovych		r 7
Oleksii Oleksiyovych Naydenko		r 7
Olga Igoreva Besedina		r 7
Olga Valerievna Pozdniakova		r 7
Pavel Anatolevich Popov		r 7
Pavel Yurievich Gubarev		r 7
Petr Mikhailovich Fradkov		r 7
Pyotr Olegovich Tolstoy		r 7
Ravil Zakarievich Khalikov		r 7
Roman Viktorovich Lyagin		r 7
Ruslan Khadzhismelovich Tsalikov		r 7
Rustam Usmanovich Muradov		r 7
Sergei Ivanov		rr 7, 8, 9, 10
Sergei Ivanov Jr		r 7
Sergei Kiriyenko		r 7
Sergei Kuzhugetovich Shoigu		rr 7, 8, 9, 10
Sergei Simonenko		r 7
Sergei Surovikin		r 7
Sergei Yevgenyevich Naryshkin		rr 7, 8, 9, 10
Sergey Aleksandrovich Kisel		r 7
Sergey Borisovich Ryzhkov		r 7
Sergey Gennadevich Tsyplakov		r 7
Sergey Victorovich Lavrov		rr 7, 8, 9, 10
Sergey Vladimirovich Dronov		r 7
Sergey Yurevich Kuzovlev		r 7
Sergey Yurievich Kozyakov		r 7
Tatiana Shevtsova		r 7
Timur Vadimovich Ivanov		r 7
Valentina Ivanovna Matviyenko		rr 7, 8, 9, 10
Valery Gerasimov		r 7
Vasilii Alexandrovich Nikitin		r 7
Viachaslau Yevgenyevich Rassalai		r 7
Victor Vladimirovich Gulevich		r 7
Viktor Gennadievich Khrenin		r 7
Viktor Vasilyevich Zolotov		r 7
Viktor Vyacheslavovich Yatsenko		r 7
Violetta Prigozhina		r 7
Vladimir Alexandrovich Kolokoltsev		rr 7, 8, 9, 10
Vladimir Anatolievitch Bidevka		r 7
Vladimir Antyufeyev		r 7
Vladimir Lvovich Kasatonov		r 7
Vladimir Petrovich Kononov		r 7
Vladimir Roudolfovitch Soloviev		r 7
Vladimir Sergeevich Kiriyenko		r 7
Vladimir Vladimirovich Yakushev		r 7
Vladimir Volfovich Zhirinovsky		r 7
Vladimir Yurevich Vysotkiy		r 7
Vladyslav Nykolayevych Deynego		r 7
Vyacheslav Victorovich Volodin		rr 7, 8, 9, 10
Yakov Vladimirovich Rezantsev		r 7
Yevgeniy Eduardovich Mikhaylov		r 7
Yevgeniy Nikolaevich Prilepin		r 7
Yevgeny Prigozhin		r 7
Yunus-Bek Bamatgireyevich Eukurov		r 7
Yuri Borisovich Slyusar		r 7
Yuri Solovyov		r 7
Yuriy Anatolyevich Prokofyev		r 7
Yuriy Eduardovich Sadovenko		r 7
Yuriy Sergeyevich Fedin		r 7
Yuriy Viktorovich Sivokonenko		r 7
Yury Yakovlevich Chaika		r 7
Zaur Raufovich Ismailov		r 7
Part 3: Classes of persons
A member of the State Duma of the Russian Federation who voted in favour of the recognition of the independence of Donetsk and Luhansk on 15 February 2022		r 7
An associate of a person listed in Part 1 or Part 2 of this schedule as a person sanctioned by regulation 8		r 8
An associate of a person listed in Part 1 or Part 2 of this schedule as a person sanctioned by regulation 9		r 9
An associate of a person listed in Part 1 or Part 2 of this schedule as a person sanctioned by regulation 10		r 10
An associate of a person listed in Part 1 or Part 2 of this schedule as a person sanctioned by regulation 11		r 11

Michael Webster,
Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations are made under section 9 of the Russia Sanctions Act 2022 (the Act). They come into force on 18 March 2022 for a term of 3 years.

The Act provides for sanctions to be imposed in response to military actions by Russia (and by countries and persons who may be assisting Russia). Section 6 of the Act defines sanctions as prohibitions and restrictions imposed by or under regulations made under section 9 of the Act. These regulations set out prohibitions and restrictions for that purpose.

Section 24 of the Act provides offences in relation to breaches of the sanctions.

The Schedule of these regulations lists the persons and classes of persons who are sanctioned by 1 or more of regulations 7 to 11.

Travel ban

Part 2 of these regulations imposes a travel ban on sanctioned individuals. The travel ban prohibits those persons from travelling to, entering, or remaining in New Zealand unless they are a New Zealand citizen or resident.

Sanctions relating to ships and aircraft

Part 3 of these regulations prohibits the movement or entry into New Zealand of ships and aircraft that are—

Russian or Belarusian military ships or aircraft:
owned, controlled, chartered, or operated by the Government of Russia or Belarus or a sanctioned person:
registered in the name of a sanctioned person:
in the case of aircraft, registered in Russia or Belarus.

Regulation 8 prohibits anyone from permitting or authorising a restricted ship to enter a New Zealand port or from operating such a ship entering a port. Regulation 9 imposes equivalent prohibitions on aircraft entering New Zealand’s territorial airspace.

However, the prohibitions do not apply to New Zealand ships or New Zealand-owned ships, or in emergency situations, or where the person is acting for the purpose of enforcement of the Act.

Sanctions relating to assets and services

Part 4 of these regulations imposes prohibitions and restrictions on dealing with assets and dealing with services.

Regulations 10 and 11 prohibit—

any dealing with an asset that is owned or controlled by a sanctioned person (for example, buying property from the sanctioned person):
any dealing with an asset that would result in a benefit to a sanctioned person (for example, sending money to the sanctioned person):
any dealing with a service provided by, to, or for the benefit of a sanctioned person (for example, receiving a financial service from the sanctioned person).

However, regulation 12 provides that a person is permitted to undertake conduct that would otherwise be prohibited under regulations 10 and 11 in certain circumstances (for example, if the person is using a house owned by a sanctioned person as their primary place of residence).

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 17 March 2022.

These regulations are administered by the Ministry of Foreign Affairs and Trade.

1	Title
2	Commencement
	Part 1 Preliminary provisions
3	Purpose
4	Designated persons and designated assets
5	Interpretation
6	Revocation
	Part 2 Travel ban
7	Sanctioned individuals not to travel to, enter, or remain in New Zealand
	Part 3 Ships and aircraft
8	Ships not to enter ports in New Zealand
9	Aircraft not to enter territorial airspace of New Zealand
	Part 4 Assets and services
	Prohibitions on dealing with assets and services
10	Prohibition on dealing with assets
11	Prohibition on dealing with services
	When dealing with assets and services is permitted
12	Sanctions on assets and services do not apply in certain circumstances
	Schedule Sanctioned persons
	Explanatory note
	Administrative Information

List of access keys

Russia Sanctions Regulations 2022

Russia Sanctions Regulations 2022

Order in Council

(a)

(b)

Contents

Regulations

1 Title

2 Commencement

Part 1 Preliminary provisions

3 Purpose

(a)

(b)

4 Designated persons and designated assets

(a)

(b)

5 Interpretation

(a)

(i)

(ii)

(iii)

(b)

(i)

(ii)

(a)

(b)

(a)

(i)

(ii)

(b)

(c)

(i)

(ii)

(a)

(b)

(i)

(ii)

(iii)

(a)

(b)

(c)

6 Revocation

Part 2 Travel ban

7 Sanctioned individuals not to travel to, enter, or remain in New Zealand

Part 3 Ships and aircraft

8 Ships not to enter ports in New Zealand

(a)

(i)

(ii)

(iii)

(b)

(i)

(ii)

(iii)

(a)

(b)

(a)

(b)

9 Aircraft not to enter territorial airspace of New Zealand

(a)

(b)

(i)

(ii)

(iii)

(c)

(i)

(ii)

(iii)

(a)

(b)

(a)

(b)

(c)

Part 4 Assets and services

Prohibitions on dealing with assets and services

10 Prohibition on dealing with assets

(a)

(b)

(i)