P.L. 2022, c. 3, signed into law March 9, 2022, required the State Department of the Treasury to develop, based on credible information available to the public, a list of persons and entities engaging in prohibited activities in Russia or Belarus.
On Aug. 4, 2023, a company obtained a temporary restraining order from the United States District Court for the District of New Jersey, which enjoins the state from enforcing N.J.S.A. 52:32-60.1 against that company on the grounds that the statute is likely inconsistent with federal law. Due to the ongoing litigation, the Treasury Department has removed the Russia-Belarus list from its website, and the state (along with its agencies and instrumentalities) has voluntarily suspended further implementation of the Russia-Belarus law until further order of the court.
While the state continues to defend the law in court, in light of the court’s decision and the Russia-Belarus list being taken down, contracting units under the Local Public Contracts Law, Public School Contracts Law and County College Contracts Law are not required to enforce the Russia-Belarus vendor/contractor certification requirement at this time.
At this time, the Russia-Belarus list also does not apply to redeveloper designations under the Local Redevelopment and Housing Law (N.J.S.A. 40A:12A-1 et seq.) and to agreements for payments-in-lieu-of-taxes (PILOTs) or other municipal property tax abatements. This could change based upon future legal developments.
Please review the Treasury Notice for further information.