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Sanctions

SAN-2022-00086 - Permit authorising the provision of financial assistance and financial services in respect of Russian oil purchased at or below the price cap

1. Permit

SAN-2022-00086

2. Date of Issue

4 December 2022

3. Period of Validity

Until:

  1. this Permit expires, two years from the date of issue, or
  2. this Permit is revoked by the Minister.

4. Authority

Regulations 18(1)(d), 18(2)(a) and 18(4) of the Autonomous Sanctions Regulations 2011 (Cth).

5. Definition

Another Country

A country other than Russia.

Australian Sanctions Office Contact Point

  1. Email (preferred method):
    sanctions@dfat.gov.au
  2. Mail:
    Australian Sanctions Office R G Casey Building
    John McEwen Crescent
    Barton ACT 0221
    Australia

Designated person or entity

As defined in r3 of the Autonomous Sanctions Regulations 2011 (Cth).

Covered Transaction

Any transaction for the sale of Russian oil up until the Russian oil first passes through the customs control of a Another Country.

Minister

The Minister, or any of the Ministers, administering the Autonomous Sanctions Act 2011 (Cth).

Price Cap

The Unit Price for petroleum oils and oils obtained from bituminous minerals, crude (Tariff Code 2709) - USD 60.

Relevant Services

Sanctioned services within the meaning of r 5(2) of the Autonomous Sanctions Regulations 2011 (Cth).

Russian oil

Petroleum oils and oils obtained from bituminous minerals, crude (Tariff Code 2709), designated as import sanctioned goods for Russia by item 9 of Schedule 1 to the Autonomous Sanctions (Import Sanctioned Goods—Russia) Designation 2022, thatare exported from, or originate in, Russia or part of Russia.

Unit Price

Price per barrel.

Relevant Services

Sanctioned services within the meaning of r 5(2) of the Autonomous Sanctions Regulations 2011 (Cth).

Service Provider

A person (including a body corporate) providing Relevant Services

6. Permit Holders

All Service Providers, other than those who are designated persons or entities, are Permit Holders for the purpose of this Permit.

7. Authorised Actions

  1. The following are Authorised Actions (subject to the Restrictions on Authorised Actions):
    1. A Permit Holder is authorised to provide Relevant Services in respect of a sanctioned import, provided the goods are Russian oil and the Unit Price of the Russian oil is or was at or below the Price Cap.
  2. For the purpose of determining whether the provision of Relevant Services is authorised under paragraph 7(a), the date for determining whether the Unit Price of the Russian oil is or was at or below the Price Cap is the date of the most recent Covered Transaction.

8. Restrictions to Authorised Actions

The Authorised Actions do not extend to the provision of Relevant Services to a designated person or entity.

9. Conditions

This Permit is subject to the following conditions:

  1. All Permit Holders must notify the Australian Sanctions Office Contact Point each time they intend to rely on this Permit.
  2. This Permit may be amended or revoked at the discretion of the Minister.

Note: This Permit does not authorise the importation, purchase or transport of Russian oil, which are subject to separate prohibitions in the Autonomous Sanctions Regulations 2011 (Cth).

Authorised

Penny Wong
Minister for Foreign Affairs

General Information about this Permit

This Permit is an authorisation granted under a sanction law. It is an offence, punishable by up to 10 years' imprisonment or $555,000, to give information or a document to a Commonwealth entity in connection with the administration of a sanction law that is false or misleading or omits any matter or thing without which the information or document is misleading (section 17 of the Autonomous Sanctions Act 2011).

Any authorisation granted under the Regulations is taken never to have been granted if information contained in, or information or a document accompanying, the application for the relevant authorisation is false or misleading in a material particular or omits any matter or thing without which the information or document is misleading in a material particular (section 15 of the Autonomous Sanctions Act 2011).

It is an offence to contravene a sanction law, punishable for individuals by up to 10 years imprisonment, or a fine the greater of $555,000 or three times the value of the contravening transaction and for bodies corporate by a fine the greater of $2.22 million or three times the value of the contravening transaction (section 16 of the Autonomous Sanctions Act 2011). For bodies corporate, this is a strict liability offence.

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