Russia Sanctions Amendment Regulations (No 7) 2022

  • Regulation 6, new regulation 14A: editorial changes made, on 25 July 2022, under sections 86(1) and 87(l)(ii) of the Legislation Act 2019 (2019 No 58).

2022/210

Coat of Arms of New Zealand

Russia Sanctions Amendment Regulations (No 7) 2022

Cindy Kiro, Governor-General

Order in Council

At Wellington this 4th day of July 2022

Present:
Her Excellency the Governor-General in Council

These regulations are made under sections 9 and 32 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 Amendment Regulations (No 7) 2022.

2 Commencement

(1)

Regulations 4 and 5 come into force on 8 July 2022.

(2)

Regulation 6 comes into force on 25 July 2022.

3 Principal regulations

These regulations amend the Russia Sanctions Regulations 2022.

4 Regulation 4 amended (Designated persons and designated assets)

(1)

Replace the heading to regulation 4 with Designated persons, designated assets, and designated services.

(2)

In regulation 4(b), replace “and 10A(1)(b)” with “10A(1)(b), 13(1), and 14A(1)”.

(3)

In regulation 4, insert as subclause (2):

(2)

To the extent that these regulations provide that a dealing with a designated asset or designated service is permitted in a particular circumstance (for example, in accordance with regulation 12), the asset or service is not a designated asset or designated service if that circumstance applies.

5 Regulation 12 amended (Sanctions on assets and services do not apply in certain circumstances)

(1)

In regulation 12(7)(a), replace “dependents” with “dependants”.

(2)

After regulation 12(7)(e), insert:

(f)

for the purpose of providing the New Zealand person or their dependants, while in a specified country, with an asset or a service that is reasonably necessary for personal or household purposes (such as utility services).

6 New regulation 14A and cross-heading inserted

After regulation 14, insert:

Importation of gold prohibited

14A Importation of gold prohibited

(1)

A person must not import, directly or indirectly, gold of Russian origin into New Zealand.

(2)

In this regulation,—

gold means an asset that is in a class of assets the Harmonised System code for which is 1 of the following:

(a)

71.08:

(b)

7114.19.09:

(c)

7118.90.00.01K:

(d)

7118.90.00.09E

Harmonised System code has the meaning set out in regulation 13(2).

Rachel Hayward,
Acting 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 amend the Russia Sanctions Regulations 2022 (the principal regulations).

All the amendments fulfil the purpose of the principal regulations, which is to give effect to the Russia Sanctions Act 2022 by imposing sanctions in response to Russia’s military actions in relation to Ukraine (and in response to any assistance from any other country or person).

Regulations 4 and 5 come into force on 8 July 2022. Those regulations—

  • clarify the circumstances in which an asset or service is a designated asset or designated service (regulation 4):

  • provide an exception to the sanctions for those New Zealanders and their dependants who are in Russia or Belarus and who deal with restricted assets or restricted services in order to provide those things that are reasonably necessary for personal or household purposes (regulation 5). This enables them to, for example, continue to receive gas for the household even if the entity providing the gas is a sanctioned person under the principal regulations.

Regulation 6 comes into force on 25 July 2022. Regulation 6 prohibits the importation of gold of Russian origin into New Zealand.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 7 July 2022.

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