New Jersey Administrative Code
Title - EXECUTIVE ORDERS
Title 55 - CHRIS CHRISTIE
Section - Executive Order No. 291 (2022)

Universal Citation: NJ Admin Code

Current through Register Vol. 56, No. 24, December 18, 2024

Governor Philip D. Murphy

Executive Order No. 291 (2022)

An Order Directing All State Agencies to Identify Actions to Prevent State Resources From Supporting the Russian Government

Issued: March 2, 2022.

Effective: March 2, 2022.

WHEREAS, the State of New Jersey has a long history of leveraging its economic power, through the enactment of various laws and statutes such as those mandating that the State divest public funds from foreign companies doing business in apartheid South Africa, Sudan, and Iran, to further the values of freedom, democracy, and equal rights throughout the world; and

WHEREAS, the Russian Federation has undermined the foundation of international peace, security, and stability and the fundamental principles of international law by launching an unwarranted invasion upon Ukraine, which necessitates an immediate and decisive international response; and

WHEREAS, following the collapse of the Soviet Union, the Ukrainian people voted overwhelmingly to form a nation independent from Russia; yet, despite the Ukrainian people's clear determination to establish a modern democratic and free society, Russian leaders have sought to exert influence over Ukraine and its people; and

WHEREAS, in 2014, following a popular revolution in Ukraine to remove the pro-Russian President Viktor Yanukovych and bring to power pro-Western democratic forces, Russian authorities took military control over Crimea and fomented rebellions in other eastern Ukrainian provinces; and

WHEREAS, late in 2021, Russian troops began mobilizing along the Ukrainian border in preparation for a possible invasion while Russian President Vladimir Putin simultaneously orchestrated a propaganda campaign aimed at creating a false pretext to justify an invasion and occupation of Ukraine; and

WHEREAS, Belarus has allowed tens of thousands of Russian troops onto its territory enabling armed forces to mobilize in Russia's full-scale attack on Ukraine; and

WHEREAS, on February 24, 2022, Russian troops invaded the sovereign democracy of Ukraine, waging an immoral, illegal, and deadly war against the Ukrainian people; and

WHEREAS, Ukrainians are gallantly defending themselves against Russian troops that are inflicting violence and terror upon millions of civilians, separating families, and destroying homes, businesses, and properties; and

WHEREAS, the United States and its allies have imposed strong sanctions on the Russian Federation and Belarus in response to the invasion, targeting the core infrastructure of the Russian and Belarusian financial systems; and

WHEREAS, New Jersey stands firmly with Ukraine against this unprovoked aggression, and intends to use all means at its disposal to hold the Russian Federation accountable for its malicious attack against a sovereign, democratic state; and

WHEREAS, the State seeks to balance its policy objective of applying economic pressure on the Russian and Belarusian governments with a recognition that New Jerseyans of Russian and Belarusian descent do not bear responsibility for what is happening in Ukraine and have made innumerable contributions to the cultural, political, and economic fabric and well-being of New Jersey and the United States; and

WHEREAS, there exists a compelling State interest for the State to coordinate the activities of its agencies and utilize its available resources to degrade Russia's ability to project power and further threaten the peace and stability of Ukraine and the world at large;

NOW, THEREFORE, I, PHILIP D. MURPHY, Governor of the State of New Jersey, by virtue of the authority vested in me by the Constitution and by the Statutes of this State, do hereby ORDER and DIRECT:

1. All State agencies shall immediately review their statutes, rules, regulations, and program requirements to identify actions that may be taken to deliver swift and severe consequences to Russia, and to significantly impair Russia's ability to use its economy and financial system to further its unprovoked invasion and unlawful occupation of Ukraine.

2. For purposes of this Order, "State agency" shall mean any of the principal departments in the Executive Branch of State government and any agency, authority, board, bureau, commission, division, institution, office, or other instrumentality within or created by any such department, and any independent State authority, commission, instrumentality, or agency over which the Governor exercises executive authority, as determined by the Attorney General.

3. In furtherance of Paragraph 1 of this Order, State agencies are hereby directed to take the following actions:

a. All State agencies shall review their authority to suspend or revoke licenses, permits, registrations, and certifications of companies owned or controlled by the government of Russia, Belarus, or their instrumentalities, and businesses that invest directly in such companies;

b. Relevant State agencies shall undertake a review of the State's ability to boycott or halt the import or purchase of any products or services provided from the Russian Federation or Belarus, including but not limited to food products, energy products, clothing products, and jewelry;

c. The Division of Alcohol Beverage Control in the Department of Law and Public Safety shall undertake a review of the State's ability to boycott or halt the import or purchase of any liquor or other alcoholic beverages made in the Russian Federation or Belarus;

d. The Division of Purchase and Property in the Department of the Treasury shall review relevant State contracts to determine if any are with companies owned or controlled by the government of Russia, Belarus, or their instrumentalities, or businesses that invest directly in such companies, directly or as subcontractors; and

e. The Department of Banking and Insurance ("DOBI") shall issue bulletins or directives to its appropriate regulated entities, as determined by the Commissioner of the DOBI, requiring them to fully comply with United States sanctions on the Russian Federation and Belarus, as well as New Jersey and federal laws and regulations. The DOBI shall further direct its appropriate regulated entities to monitor all communications from the department, the United States Department of Treasury's Office of Foreign Assets Control (OFAC), and other federal agencies on a real-time basis to stay abreast of the latest developments and ensure compliance with all the requirements and restrictions imposed. The DOBI shall advise appropriate regulated entities to evaluate systems for cyber risk and take appropriate actions to mitigate that risk, given that the Russian invasion of Ukraine significantly elevates the cyber risk for the United States financial sector.

4. Within 72 hours of this Order taking effect, and no later than 5:00 p.m. on Monday, March 7, 2022, State agencies shall submit their preliminary findings and actions taken within the scope of this Order to the Governor. The Governor's Office shall review the findings submitted pursuant to this Order and shall coordinate activities among State agencies to prevent State resources from supporting the Russian and Belarusian governments or Russian and Belarusian state-owned companies. Additionally, the Governor may consider any legislation, gubernatorial measures, and cabinet-level actions to strengthen the State's authority to mount a meaningful response to Russia's violent, illegal, and immoral assault upon Ukraine.

5. This Order shall take effect immediately.

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