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SAN-2023-00095 - Permit authorising the provision of financial assistance and financial services in respect of Russian refined petroleum products purchased at or below a price cap

1. Permit

SAN-2023-00095

2. Date of Issue

15 February 2023

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

Director, Australian Sanctions Office

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

Covered Transaction

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

Designated person or entity

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

High Value Price Cap

The Unit Price for High Value Russian refined petroleum products - $US 100

High Value Russian refined petroleum product

A Russian refined petroleum product with a Tariff Code listed in the Annexure.

Low Value Price Cap

The Unit Price for Low Value Russian refined petroleum products - $US 45

Low Value Russian refined petroleum product

A Russian refined petroleum product that is not a High Value Russian refined petroleum product.

Minister

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

Russian refined petroleum products

Petroleum oils and oils obtained from bituminous minerals, other than crude; preparations not elsewhere specified or included, containing by weight 70% or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations; waste oil (Tariff Code 2710), designated as import sanctioned goods for Russia by item 10 of Schedule 1 to the Autonomous Sanctions (Import Sanctioned Goods—Russia) Designation 2022, that are exported from, or originate in, Russia or part of Russia.

Service Provider

A person (including a body corporate) providing Relevant Services in respect of a sanctioned import for which the goods are Russian refined petroleum products.

Tariff Code

The codes used in the ‘Combined Australian Customs Tariff Nomenclature and Statistical Classification’ published by the Australian Border Force (as at 25 April 2022).

Unit Price

Price per barrel.

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:
    1. A Permit Holder is authorised to provide Relevant Services in relation to a sanctioned import, provided the goods are a High Value Russian refined petroleum product and the Unit Price of the product is or was at or below the High Value Price Cap.
    2. A Permit Holder is authorised to provide Relevant Services in relation to a sanctioned import, provided the goods are a Low Value Russian refined petroleum product and the Unit Price of the product is or was at or below the Low Value Price Cap.
  2. For the purpose of determining whether the provision of Relevant Services is authorised under paragraph 7(a)(i) or (ii), the date for determining whether the Unit Price of the Russian refined petroleum product is or was at or below the High Value Price Cap or Low Value Price Cap, as applicable, is the date of the most recent Covered Transaction.

8. 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. A Permit Holder must not provide Relevant Services to a designated person or entity.
  3. 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 refined petroleum products, which are subject to separate prohibitions in the Autonomous Sanctions Regulations 2011 (Cth).

Authorised

Penny Wong
Minister for Foreign Affairs

Annexure – High Value Russian refined petroleum products

Note 1 – High Value Russian refined petroleum products are defined in paragraph 5 of this permit as  products with a Tariff Code listed in this Annexure.

Note 2 - The descriptions are included for ease of reference.

Item Description Tariff code
1 Petroleum oils and oils obtained from bituminous minerals, other than crude; preparations not elsewhere specified or included, containing by weight 70% or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations; waste oils:
- Petroleum oils and oils obtained from bituminous minerals (other than crude) and preparations not elsewhere specified or included, containing by weight 70% or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations, other than those containing biodiesel and other than waste oils:
-- Light oils and preparations:
--- Gasoline:
---- For use as fuel in aircraft
2710.12.61
2 Petroleum oils and oils obtained from bituminous minerals, other than crude; preparations not elsewhere specified or included, containing by weight 70% or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations; waste oils:
- Petroleum oils and oils obtained from bituminous minerals (other than crude) and preparations not elsewhere specified or included, containing by weight 70% or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations, other than those containing biodiesel and other than waste oils:
-- Light oils and preparations:
--- Gasoline:
---- Blends of gasoline and ethanol
2710.12.62
3 Petroleum oils and oils obtained from bituminous minerals, other than crude; preparations not elsewhere specified or included, containing by weight 70% or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations; waste oils:
- Petroleum oils and oils obtained from bituminous minerals (other than crude) and preparations not elsewhere specified or included, containing by weight 70% or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations, other than those containing biodiesel and other than waste oils:
-- Light oils and preparations:
--- Gasoline:
---- Other
2710.12.69
4 Petroleum oils and oils obtained from bituminous minerals, other than crude; preparations not elsewhere specified or included, containing by weight 70% or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations; waste oils:
- Petroleum oils and oils obtained from bituminous minerals (other than crude) and preparations not elsewhere specified or included, containing by weight 70% or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations, other than those containing biodiesel and other than waste oils:
-- Other:
--- Crudes, topped or enriched:
---- For use as a petroleum refinery feedstock at a factory specified in a licence granted under Part IV of the Excise Act 1901
2710.19.14
5 Petroleum oils and oils obtained from bituminous minerals, other than crude; preparations not elsewhere specified or included, containing by weight 70% or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations; waste oils:
- Petroleum oils and oils obtained from bituminous minerals (other than crude) and preparations not elsewhere specified or included, containing by weight 70% or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations, other than those containing biodiesel and other than waste oils:
-- Other:
--- Crudes, topped or enriched:
---- Other
2710.19.16
6 Petroleum oils and oils obtained from bituminous minerals, other than crude; preparations not elsewhere specified or included, containing by weight 70% or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations; waste oils:
- Petroleum oils and oils obtained from bituminous minerals (other than crude) and preparations not elsewhere specified or included, containing by weight 70% or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations, other than those containing biodiesel and other than waste oils:
-- Other:
--- Diesel, other than blends of 2710.20.00
---- Blends of diesel and ethanol
2710.19.22
7 Petroleum oils and oils obtained from bituminous minerals, other than crude; preparations not elsewhere specified or included, containing by weight 70% or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations; waste oils:
- Petroleum oils and oils obtained from bituminous minerals (other than crude) and preparations not elsewhere specified or included, containing by weight 70% or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations, other than those containing biodiesel and other than waste oils:
-- Other:
--- Diesel, other than blends of 2710.20.00
---- Other
2710.19.28
8 Petroleum oils and oils obtained from bituminous minerals, other than crude; preparations not elsewhere specified or included, containing by weight 70% or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations; waste oils:
- Petroleum oils and oils obtained from bituminous minerals (other than crude) and preparations not elsewhere specified or included, containing by weight 70% or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations, other than those containing biodiesel and other than waste oils:
-- Other:
--- Kerosene for use as fuel in aircraft
2710.19.40
9

Petroleum oils and oils obtained from bituminous minerals, other than crude; preparations not elsewhere specified or included, containing by weight 70% or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations; waste oils:
- Petroleum oils and oils obtained from bituminous minerals (other than crude) and preparations not elsewhere specified or included, containing by weight 70% or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations, other than those containing biodiesel and other than waste oils:
-- Other:
--- Goods, as follows:

  1. heating oil;
  2. kerosene, other than goods of 2710.19.40;
  3. fuel oil having the characteristics as defined in Additional Note 1 to Chapter 27 of Schedule 3 to the Customs Tariffs Act 1995:

---- Heating oil

2710.19.51
10

Petroleum oils and oils obtained from bituminous minerals, other than crude; preparations not elsewhere specified or included, containing by weight 70% or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations; waste oils:
- Petroleum oils and oils obtained from bituminous minerals (other than crude) and preparations not elsewhere specified or included, containing by weight 70% or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations, other than those containing biodiesel and other than waste oils:
-- Other:
--- Goods, as follows:

  1. heating oil;
  2. kerosene, other than goods of 2710.19.40;
  3. fuel oil having the characteristics as defined in Additional Note 1 to Chapter 27 of Schedule 3 to the Customs Tariffs Act 1995:

---- Kerosene, other than goods of 2710.19.40

2710.19.52
11 Petroleum oils and oils obtained from bituminous minerals, other than crude; preparations not elsewhere specified or included, containing by weight 70% or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations; waste oils:
- Petroleum oils and oils obtained from bituminous minerals (other than crude) and preparations not elsewhere specified or included, containing by weight 70% or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations, containing biodiesel, other than waste oils.
2710.20.00

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 $687,500, 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 $687,500 or three times the value of the contravening transaction and for bodies corporate by a fine the greater of $2.75 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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