Russia Sanctions Amendment Regulations (No 4) 2023

2023/54

Coat of Arms of New Zealand

Russia Sanctions Amendment Regulations (No 4) 2023

Rt Hon Dame Helen Winkelmann, Administrator of the Government

Order in Council

At Wellington this 11th day of April 2023

Present:
The Right Hon Chris Hipkins presiding 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 Amendment Regulations (No 4) 2023.

2 Commencement

These regulations come into force on 14 April 2023.

3 Principal regulations

These regulations amend the Russia Sanctions Regulations 2022.

4 Regulation 5 amended (Interpretation)

In regulation 5(1), definition of luxury good, replace “listed in Schedule 1A” with “listed in Part 1 or Part 2 of Schedule 1A”.

5 Regulation 14A amended (Prohibited imports)

(1)

After regulation 14A(2), insert:

(2A)

However, subclause (2) does not apply to any item that—

(a)

is in a class of assets the Harmonised System code for which is listed in Part 2 of Schedule 1A; and

(b)

has a Customs value that does not exceed $1,000.

(2)

In regulation 14A(4), insert in their appropriate alphabetical order:

Customs value has the meaning given in section 5(1) of the Customs and Excise Act 2018

item, in relation to a type of luxury goods, means,—

(a)

if the luxury goods are usually sold at retail, a unit of the luxury goods as the goods are usually packaged for retail sale (whether that is a singular good or a number of goods packaged together); and

(b)

in any other case, a singular luxury good

6 Schedule 1A replaced

Replace Schedule 1A with the Schedule 1A set out in the Schedule of these regulations.

Schedule Schedule 1A replaced

r 6

Schedule 1A Luxury goods

rr 5, 14A(2A)

Part 1

Harmonised System (HS) code
03.06
03.07
0709.56.00
0711.59.00
0712.39.11
1604.31.00
1604.32.00
2003.90.10
22.04
22.05
22.06
22.08
2402.10.00
3303.00.01
3303.00.09
43.03
4907.00
58.05
7013.22.00
7013.33.00
7013.41.00
7013.91.00
71.01–71.11
71.13–71.16
71.18
8215.10.00
8215.91
9307.00.00

Part 2

Harmonised System (HS) code
0101.21
24.01
2402.20
2402.90
24.03
24.04
33.04
33.07
4015.19
4015.90.00
42.01
42.02
42.03
4205.00.01
43.01
43.02
57.01–57.05
59.05
61.01–61.17
62.01–62.17
64.01–64.05
65.04–65.05
6506.99.00
6601.91.00
6601.99.00
66.02
69.11–69.14
70.09
70.10
70.18
7020.00.09
8215.20.00
8215.99
85.24
8528.72.00
86.03
87.02–87.03
87.11–87.12
87.14
8716.10.00
8716.40.00
8716.80
8716.90
88.01
89.03
9004.90
90.20
91.01–91.05
91.08–91.14
92.01–92.02
92.05–92.07
95.04
95.06–95.07
9608.30
97.01–97.06

Rachel Hayward,
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, which come into force on 14 April 2023, 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 given to Russia by any other country or person in connection with those actions).

These regulations—

  • split the list of codes for classes of luxury goods set out in Schedule 1A of the principal regulations into 2 lists (regulation 6):

  • introduce, in relation to the luxury goods in one of those lists, a threshold with the effect that the import of an item of one of those luxury goods is not prohibited if the item has a Customs value that does not exceed $1,000 (regulation 5):

  • adjust some of the codes for the luxury goods in Schedule 1A (regulation 6).

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 13 April 2023.

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