The instrument operates through a small set of statutory concepts that are stated or referenced in the text. The operative concepts are:

• Designation and declaration: The instrument makes each listed person both a "designated person" and a "declared person for Ukraine" (s 4). Those terms are used in the Autonomous Sanctions Regulations 2011 (the Regulations) and the instrument relies on subregulation 6(1) as the enabling power (s 3). The instrument itself does not define the substantive legal consequences of a person being designated or declared; it establishes the fact of designation/declaration and records identifying details.

• Responsible for, or complicit in, a threat to sovereignty and territorial integrity: Section 4 explicitly records the Minister’s finding that each named individual "is responsible for, or complicit in, the threat to the sovereignty and territorial integrity of Ukraine" (s 4(a)). That statement is the statutory predicate relied upon for the formal act of designation/declaration under subregulation 6(1). The instrument presents this as a concise ground; it does not elaborate the factual or evidential basis beyond the short "Additional Information" lines in Schedule 1.

• Schedule-based amendment of an existing statutory list: Rather than creating a standalone list, the instrument amends the statutory list created by the Autonomous Sanctions (Designated Persons and Entities and Declared Persons - Ukraine) List 2014. Schedule 2 specifies the insertion point ("After item 163 of Part 1 of Schedule 1, insert:") and reproduces the seven entries identical to Schedule 1. This mode of amendment means the 2014 List remains the operative consolidated list after the instrument takes effect, with the new entries incorporated at the specified location.

• Temporal operation and potential expiry: The instrument includes (in s 5’s Note) a reference to subregulations 9(1), 9(2) and 9(3) of the Regulations. Those provisions, as cited in the instrument, operate an automatic cessation mechanism: a designation or declaration ceases to have effect on the third anniversary of the day it took effect, if no declaration under subregulation 9(3) has been made, or otherwise on the third anniversary of the making of the most recent declaration in relation to the designation/declaration. The instrument therefore inserts entries that will expire as governed by those rules unless re-declared.

• Identifying particulars and alternative names: Each Schedule item supplies identifying particulars,full name, alternate transliterations or aliases ("Also known as (aka)"), date of birth (or year), place of birth in some entries, and "Additional Information" about an office claimed. The presence of alternate names and variable completeness of particulars is a concrete concept that affects identification and downstream compliance work.

These concepts are the only substantive legal notions the instrument itself introduces or invokes. It neither articulates prohibitions, nor amends the Regulations’ operative prohibitions and penalties; instead it changes the content of the designated/declarable-persons list and records the Minister’s grounds for those specific entries.

The instrument directly affects seven named individuals, who the instrument states are "designated" and "declared" for Ukraine under subregulation 6(1). Those individuals are identified in Schedule 1 and, for convenience, are:

1. Ekaterina Borisovna ALTABAEVA (aka Kateryna Borysivna Altabaeva), born 27/05/1956, listed with "Member of the Federation Council of the Russian Federation from Sevastopol commencing 14 September 2019" (Schedule 1, Item 1).

2. Lidia Aleksandrovna BASOVA (aka Lidiya Oleksandrivna Basova), born 1972, "Deputy Chair of the Sevastopol Electoral Commission as at 20 January 2020" (Schedule 1, Item 2).

3. Sergei Andreevich DANILENKO, born 14/03/1960, "Chair of the Sevastopol Electoral Commission as at 20 January 2020" (Schedule 1, Item 3).

4. Yuriy Mikhailovich GOTSANYUK (aka Iurii Mykhailovych Hotsaniuk), born 18/07/1966, described as "Prime Minister" of the so‑called "Republic of Crimea" commencing 1 October 2019 (Schedule 1, Item 4).

5. Vladimir Vladimirovich NEMTSEV (aka Volodymyr Volodymyrovych Nemtsev), born 15/11/1971, described as "Chairman" of the so‑called "Legislative Assembly" of Sevastopol commencing 14 September 2019 (Schedule 1, Item 5).

6. Ekaterina Eduardovna PYRKOVA (aka Kateryna Eduardivna Pyrkova), born 22/08/1967, "Secretary of the Sevastopol Electoral Commission as at 20 January 2020" (Schedule 1, Item 6).

7. Mikhail Vladimirovich RAZVOZHAEV (aka Mykhailo Volodymyrovych Razovozhaev), born 30/12/1980, "Acting 'Governor' of Sevastopol commencing 11 July 2019" (Schedule 1, Item 7).

Beyond the named persons themselves, the instrument affects anyone or any entity that uses the Autonomous Sanctions list as part of legal, regulatory or commercial compliance. The instrument does not list those third parties, but the mechanical effect , the amendment of the 2014 list (s 5 and Schedule 2) , means parties who must check that list in order to comply with applicable Australian sanctions rules will need to take account of the new entries. Typical categories of such third parties, implied by the instrument’s effect, include:

• Financial institutions and payment processors that screen clients and counterparties against the Australian designated persons list.

• Businesses engaged in export, import, services or investments whose compliance processes check against the Australian list to determine whether a transaction or contractual relationship is permissible.

• Lawyers, accountants and compliance officers who advise on or operationalise sanctions screening and transactional risk (they will need to update advice and procedures to reflect the amended list).

• Public authorities and agencies that reference the consolidated 2014 List as authoritative for the administration and enforcement of the Regulations.

The instrument also affects the authoritative textual form of the 2014 List because it inserts the seven entries after item 163 in Part 1 (s 5 and Schedule 2). That insertion is addressed to maintain the formal integrity and ordering of the statutory list. Finally, the Minister for Foreign Affairs is identified as the maker of the instrument (front matter; s 3 indicates the statutory authority used), which locates decision‑making authority in that office for this particular designation exercise.

The instrument is primarily an administrative act that records designations and updates a statutory list; it does not itself set out comprehensive duties or rights for private parties, nor does it specify penalty provisions. Nevertheless, the instrument creates legal consequences through the following mechanisms and legal loci:

• Ministerial power and formal finding: Section 3 records the statutory authority under which the instrument is made , subregulation 6(1) of the Autonomous Sanctions Regulations 2011. Section 4 contains the operative legal finding: that each person listed "is responsible for, or complicit in, the threat to the sovereignty and territorial integrity of Ukraine" and therefore "is designated as a designated person and declared as a declared person for Ukraine" (s 4(a)-(b)). That formal designation/declaration is the act from which duties and restrictions in the Regulations and other applicable legislation flow.

• Duties implied for third parties: The instrument does not itself enumerate duties for third parties, but by amending the 2014 List (s 5), it puts third parties on notice that the authoritative list has changed. Duties that third parties must observe will be found in the Regulations and any other legislation that uses the designated/declared lists as triggers for prohibitions or licensing requirements. Practically this creates an obligation on entities that routinely screen against the Australian list to update their screening data and apply any prohibitions in the Regulations to dealings with these persons.

• Temporal limi t on designation: The instrument includes the Note under s 5 referring to subregulations 9(1), 9(2) and 9(3) of the Regulations. That reference states that designations and declarations "cease to have effect on the third anniversary of the day on which the designation or declaration took effect" unless a further declaration is made under subregulation 9(3), in which case the three‑year period runs from the most recent declaration. That is a procedural rule that limits the duration of effect for the designation/declaration unless renewed. It therefore creates a temporal boundary for any ongoing duties arising under the Regulations.

• Identification particulars for due process and compliance: The Schedule entries provide alternate names and varying levels of identifying detail. Those particulars serve as the formal identifiers for the persons designated. They support duties of accurate screening by obliged parties and enable more precise notice to the designated persons themselves. The instrument does not provide a statutory process within its text for review, delisting or administrative appeal; any such rights would be derived from the Regulations or other legislative instruments.

• No specification of remedies or rights in the instrument: The instrument does not set out rights of the designated persons, such as a right to be heard, to obtain material basis for designation, or to seek judicial review. Any such rights or review mechanisms would have to be located in the Regulations, the Administrative Decisions (Judicial Review) Act or other judicial processes; the instrument itself confines itself to recording the designation and updating the list (see s 4 and s 5).

In short, this instrument’s key legal function is to make a formal designation/declaration and to modify the statutory list accordingly; the substantive duties and rights that flow from those facts are established by the Regulations and other relevant law, which are referenced but not recited in the instrument itself.

This instrument does not itself create or specify penalties, nor does it set out enforcement mechanisms. Its operative function is to place named individuals on the Autonomous Sanctions (Designated Persons and Entities and Declared Persons - Ukraine) List 2014 (s 5 and Schedule 2). The instrument’s text points users to the Regulations for the legal consequences of such designations.

Relevant features in the instrument are:

• Authority and linkage to the Regulations: The instrument is made under subregulation 6(1) of the Autonomous Sanctions Regulations 2011 (s 3). The Regulations, not this instrument, contain the operative prohibitions, enforcement provisions and penalties that apply to dealings with designated or declared persons. The instrument’s Note (under s 5) explicitly references subregulations 9(1)-(3) of the Regulations for the temporal operation of designations; it does not attempt to summarise any penal regime.

• No penalties in the instrument: Nowhere in the instrument are offences, pecuniary penalties or enforcement agencies named. The designations recorded here become part of the statutory list used by relevant enforcement instruments and agencies under the Regulations; the instrument itself remains a list amendment and explanatory declaration.

• Practical enforcement consequences are indirect: While the instrument does not state penalties, the practical enforcement consequence is that entities governed by the Regulations will treat the persons on the amended list as subject to whatever prohibitions, licence regimes or enforcement measures the Regulations impose. For example, financial restrictions, transaction prohibitions or licence requirements commonly attach to designated persons under the Regulations; those consequences are not set out in the instrument but will flow from placement on the consolidated 2014 List once the Regulations are consulted.

• Temporal expiry of enforcement effect: The instrument draws attention to the Regulations’ rule that designations cease to have effect at the three‑year mark unless renewed by declaration under subregulation 9(3) (Note, s 5). This has enforcement implications: after expiry, unless re-declared, the person would no longer be on the list and the penalties or prohibitions tied to the list would not apply. Practically, affected parties and enforcing agencies must track the effective dates to know when enforcement obligations begin and end.

• Administrative enforcement channels not specified: The instrument does not identify the body responsible for enforcing any sanctions or carrying out compliance checks. That responsibility lies in the regulatory framework referenced by the instrument.

If a person or entity needs to know the specific offences, penalties and enforcement powers that attach to the persons listed, they must consult the Autonomous Sanctions Regulations 2011 and other relevant legislation or administrative guidance; the amendment instrument itself is silent on those details.

The instrument is an amending and declaratory instrument that connects directly to the Autonomous Sanctions Regulations 2011 and to the Autonomous Sanctions (Designated Persons and Entities and Declared Persons - Ukraine) List 2014. Its interactions with other laws are implicit and procedural rather than substantive. The principal linkages are:

• Enabling power: The instrument is made under subregulation 6(1) of the Autonomous Sanctions Regulations 2011 (s 3). That is the legal gateway that allows the Minister or authorised person to designate and declare persons for the purposes of the Regulations. The Regulations themselves set out the mechanics of designated/declared listings, and the instrument utilises that gateway to effect specific designations.

• Amendment of an existing statutory list: The instrument expressly amends the 2014 List by inserting the seven entries after item 163 of Part 1 (s 5; Schedule 2). The 2014 List is therefore the maintained statutory repository: this instrument updates that repository. Agencies, courts or private parties that reference the 2014 List for legal purposes will now operate with the list as amended by this instrument.

• Temporal rule within the Regulations: The instrument references subregulations 9(1) and 9(2) (and 9(3) by implication) concerning automatic cessation of designations/declarations at the three‑year mark (Note under s 5). That procedural rule is part of the Regulations and affects the duration of effect of the amendments made by this instrument.

• No alteration of substantive regulatory prohibitions: This instrument does not itself change the substantive prohibitions, licensing regimes, penalty structures or enforcement mechanisms contained in the Regulations or other statutes. It supplies content to a list that other legal provisions use as a trigger. Therefore the substantive operation of other laws that rely on the designated/declared list is preserved; they will simply operate against the newly listed persons.

• Interaction with administrative review/judicial review regimes: The instrument does not state any procedure for administrative review, delisting, or appeal, nor does it explicitly limit any right to apply for judicial review. Any interaction with the Administrative Decisions (Judicial Review) Act 1977 or other judicial processes would arise from general administrative law principles and the content of the Regulations rather than from the instrument itself. The instrument’s assertion that a person is "responsible for, or complicit in, the threat" is the designated ground; the availability and scope of review of that decision must be sought in the Regulations or through court processes.

• Identification and consistency considerations: By supplying "Also known as (aka)" entries, the instrument enables consistency with international transliterations or domestic identification regimes. This helps other laws and regulatory instruments that use names to match records, but the instrument does not harmonise or bind foreign lists.

In sum, the instrument is an amending instrument that supplies named entries to a statutory list controlled by the Regulations. It changes the factual content that other statutes or administrative schemes use as their triggers, but it does not directly change those other statutes’ substantive legal rules.

This instrument is itself an amendment instrument dated 31 January 2020 and is titled the Autonomous Sanctions (Designated and Declared Persons - Ukraine) Amendment List 2020 (front matter and s 1). Its amendment history as recorded within the instrument comprises the following points:

• Parent instrument and target: The amendment modifies the Autonomous Sanctions (Designated Persons and Entities and Declared Persons - Ukraine) List 2014 by inserting seven new entries in Part 1, after item 163. The mechanics of the amendment are set out in s 5 and Schedule 2.

• Single-step insertion: Schedule 2 repeats the seven entries set out in Schedule 1 and specifies their insertion point ("After item 163 of Part 1 of Schedule 1, insert:"). The instrument does not make deletions or other substantive editorial changes to the 2014 List beyond this insertion; it is an additive amendment.

• Commencement and effect timing: The instrument commences on the day after it is registered (s 2). Therefore the amendment takes effect immediately thereafter in terms of list content and legal status.

• Temporal control on duration: The Note under s 5 refers to subregulations 9(1) and 9(2) of the Regulations to remind users that a designation or declaration has an automatic three‑year expiry unless extended under subregulation 9(3). That procedural rule is part of the instrument’s practical amendment history because it affects how long the inserted entries will remain in force absent further administrative action.

• Repetition of entries: Schedule 1 and Schedule 2 contain identical entries. Schedule 1 is the operative schedule declaring the persons to "have effect" under s 4. Schedule 2 performs the wording necessary to amend the 2014 List; it reproduces the same entries to be inserted into the statutory list. This duplication is the instrument’s internal architecture for achieving both the finding (s 4 and Schedule 1) and the list amendment (s 5 and Schedule 2).

• No prior amendments recorded in the instrument text: The instrument does not include a history of prior amendments to the 2014 List, nor does it record subsequent amendments. It is limited to the singular amendment action described.

• Maker and date: The instrument is signed by the Minister for Foreign Affairs, Marise Payne, and dated 31 January 2020 (front matter). Section 3 records the statutory authority used to make it.

For any subsequent tracking of amendment history, users would need to consult the consolidated 2014 List as maintained by the responsible agency and any registers of legislative instruments showing later amendments or revocations. This instrument establishes a discrete entry point in the amendment record by inserting seven persons into the statutory list.

The instrument contains no references to litigation, no citations of cases, and provides no record of judicial or administrative review proceedings in its text. There is no litigation history recorded within the instrument itself. The text does not identify any ongoing proceedings, nor does it state that the designations are made as a result of or subject to any court orders.

Because the instrument is an administrative designation made under subregulation 6(1) of the Autonomous Sanctions Regulations 2011 (s 3 and s 4), any legal challenges to the exercise of that power would be external to the instrument and would need to be pursued through the usual administrative law and judicial review channels. The instrument does not describe or limit access to such channels. It simply records the Minister’s formal decision and amends the statutory list.

If a practitioner needs to identify whether any of these seven individuals have pursued litigation in relation to these designations, or whether there have been related legal challenges, the instrument does not provide that information; external searching of court files and judicial repositories would be required. Within the confines of this instrument, there is no litigation history to report.

The instrument is short, but it contains a number of concrete practical points and traps for the unwary that arise from its form and wording. These are matters to note for compliance officers, transaction professionals, legal advisers and agencies that rely on the designated/declared list:

• Immediate effect timing: The instrument commences "on the day after it is registered" (s 2). Systems that update sanctions lists must therefore be prepared to implement the change within a very short window. The absence of a delayed commencement or staged rollout means that an entity’s screening and authorisation processes must be able to accept the amended list as of the instrument’s effective date.

• Identifying particulars vary in completeness: Some entries give full dates of birth and place of birth; others provide only a birth year (for example, Lidia BASOVA is listed with "1972" but no day/month). Such variation can create false negatives or false positives in name‑based screening. The inclusion of "Also known as (aka)" fields is intended to mitigate transliteration or alias issues, but diligence is needed to ensure matching logic handles partial dates and alternate spellings correctly.

• Alternate names and transliteration: The instrument includes alternate name forms (for instance, "Ekaterina Borisovna ALTABAEVA" and "Kateryna Borysivna Altabaeva"). These variants are significant for automated screening; reliance on exact string match could miss entries. Entities must incorporate alternate names into their matching datasets rather than treating only the primary form as authoritative.

• Quotation marks around offices and titles: Schedule 1 uses quotation marks around terms such as "Prime Minister", "Republic of Crimea", "Legislative Assembly" and "Governor" for several entries. This indicates the instrument records titles as described in the Schedule but does not itself adjudicate the legal or constitutional validity of those offices. Users should not treat the presence of quotation marks as altering the material fact that the instrument lists the role in the Additional Information field; however the punctuation may affect automated parsing if systems are sensitive to punctuation characters.

• Placement in the 2014 List: The Schedule 2 instruction to insert the entries "After item 163 of Part 1 of Schedule 1, insert:" is precise. Some compliance systems or human readers may rely on item numbering or ordering; insertion point matters if processes use item numbers or positional references. Users should ensure they update their copy of the 2014 List so that the new entries appear in the correct place and that any item‑number based workflows are reconciled.

• Temporal expiry and tracking requirements: The Note under s 5 points to the Regulations’ three‑year expiry rule for designations/declarations (subregulations 9(1)-(3)). Failure to track the effective date of each designation may result in continuing to treat a person as designated after their designation has lapsed or failing to note a renewal. Compliance programmes must therefore record the date on which the designation took effect and establish a calendar for any potential renewal or expiry monitoring.

• No penalties or prohibitions recited in the instrument: The instrument does not itself identify what conduct is prohibited, what licences might be required, or what penalties attach to non‑compliance. Practitioners must avoid assuming the scope of prohibitions; they must consult the Regulations and relevant guidance to determine the precise legal consequences of dealing with a listed person.

• Reliance on a single instrument: Because this instrument amends the statutory list, entities that rely on the Australian designated persons list should ensure they obtain the consolidated list (the 2014 List as amended) from the appropriate official source rather than relying on third‑party aggregators, which may lag or mis‑transcribe entries.

• Potential for name collisions and false positives: The use of common Russian/Ukrainian names and partial birth data increases the risk that an innocent person with a similar name may be flagged. Screening procedures should include manual review steps and escalation protocols to avoid blocking legitimate transactions without further checks.

These concrete "gotchas" arise from the instrument’s textual form and operational consequences rather than from substantive policy choices. They point to specific technical and process adjustments required to ensure accurate and lawful compliance with the amended designated/declared persons list.

This instrument amends the Australian Autonomous Sanctions (Designated Persons and Entities and Declared Persons - Ukraine) List 2014 by adding seven specific individuals (s 5; Schedule 2) and records the Minister’s finding supporting their designation (s 4). For practitioners responsible for compliance, risk management and transactional clearance, the following practical steps flow directly from the instrument’s mechanics:

1. Obtain the authoritative consolidated list and note the effective date

   • Retrieve the official Autonomous Sanctions (Designated Persons and Entities and Declared Persons - Ukraine) List 2014 as amended by this instrument from the responsible government source. The instrument commences "on the day after it is registered" (s 2), so confirm that your copy reflects the amendment as of that date.

2. Update screening databases and matching rules

   • Add the seven entries exactly as set out in Schedule 2 including the "Also known as (aka)" forms, dates of birth, birthplaces and "Additional Information" fields (Schedule 2). Ensure matching logic includes alternate spellings and partial dates to reduce both false negatives and false positives.

3. Adjust operational procedures for hits against the list

   • Update decision‑trees and escalation procedures for sanctions hits. Because the instrument itself does not record prohibitions or penalties, staff should be trained to consult the Autonomous Sanctions Regulations 2011 for the specific prohibitions that apply to dealings with a designated or declared person and to escalate to legal/compliance counsel where required.

4. Record and monitor effective dates for expiry/renewal

   • Note the instrument’s reference to the Regulations’ three‑year automatic cessation rule (Note under s 5 referring to subregulations 9(1)-(3)). Log the effective date of each designation and set calendar alerts for review before the three‑year anniversary so that any required action (such as monitoring for a new declaration) can be taken.

5. Ensure manual verification steps are in place

   • Because some entries include only a birth year or contain multiple transliterations, incorporate manual verification steps for potential matches. Maintain procedures for contacting legal counsel or government contacts to resolve ambiguous matches rather than taking irreversible actions on the basis of imperfect automated matches.

6. Reconcile internal references that rely on item numbering or ordering

   • Note Schedule 2’s insertion point ("After item 163 of Part 1 of Schedule 1, insert:"). If any internal workflows, reports or databases reference item numbers or positions in the 2014 List, reconcile those references to the new ordering.

7. Train relevant staff and external advisors

   • Provide clear guidance to front‑line staff, relationship managers, traders, and external professional advisors (lawyers, accountants) that the 2014 List has been amended and that the seven individuals are now formally designated/declar ed for Ukraine under subregulation 6(1). Remind advisers that the instrument does not itself set out prohibitions; the Regulations must be consulted.

8. Document decision rationale and audit trail

   • Keep records of when and how the consolidated list was updated within your organisation and document any risk assessments or decisions taken as a result of a match to these entries. Because the instrument is an administrative act, records of internal action will assist in regulatory scrutiny.

9. Coordinate with counterparties and transaction counterparties as needed

   • If a proposed transaction or relationship involves any of the named persons, obtain legal advice on the applicable restrictions under the Regulations. Do not presume the nature or extent of prohibitions from the instrument alone.

10. Maintain awareness of future amendments and possible renewals

• The instrument amends the 2014 List now but the designations may be renewed, expired, or otherwise varied under the Regulations. Build a process to monitor government announcements and consult the official list periodically to capture subsequent changes.

These steps implement the instrument’s mechanical effect (s 4 and s 5) and address the practical complications flagged in the "Gotchas" section. Because the instrument does not set out prohibitions or penalties, consulting the Autonomous Sanctions Regulations 2011 is necessary to determine the legal obligations that flow from these designations.