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New sanctions imposed against Belarus
05.07.2024.

In view of the involvement of the Republic of Belarus in the unprovoked and unjustified war brought by the Russian Federation against Ukraine, on 29 June 2024, the Council of the European Union imposed additional restrictive measures targeting the Belarusian economy. These restrictive measures are aimed at imposing sanctions that are already imposed against the Russian Federation, thereby limiting the evasion of sanctions imposed against the Russian Federation as a result of the high degree of integration between the Russian and Belarusian economies.

The new sanctions include trade restrictions, a ban on the supply of certain services, restrictions on transport and logistics, and also anti-circumvention measures that will affect various sectors of the Belarusian economy.

Briefly on the essentials.

Anti-circumvention measures:

  1. European Union exporters have the obligation to include in their future contracts a “Belarus exclusion clause” prohibiting the re-export to the Republic of Belarus or re-export for use in the Republic of Belarus of common high priority items and technology, firearms and ammunition. In addition, European Union exporters have to make sure that their subsidiaries also comply with the “Belarus exclusion clause”;
  2. The obligation for European Union exporters exporting common high priority items to third countries other than those listed in Annex Vba to Regulation (EU) No 765/2006 to put in place a risk-appropriate control mechanism that can identify, assess, and mitigate the risks associated with the export of these items to the Republic of Belarus. In addition, European Union exporters have to make sure that their subsidiaries also comply with the abovementioned obligation.

The transit of the following goods through the territory of the Republic of Belarus shall be prohibited:

  1. Dual-use goods and technology, goods and technology which could contribute to the strengthening of the military and technological capacity of the Republic of Belarus or to the development of its defence and security sector;
  2. Goods which could contribute in particular to improving the industrial capacity of the Republic of Belarus (Annex XIX to Regulation (EU) No 765/2006);
  3. Transit through the territory of the Republic of Belarus of goods and technology suitable for use in aviation or the space industry and firearms exported from the European Union (Annex XVII to Regulation (EU) No 765/2006);
  4. Firearms and ammunition exported from the European Union, regardless of their origin.

Import/export measures:

  1. Gold originating in Belarus and exported from the Republic of Belarus to the European Union or to any third country after 1 July 2024 (gold listed in Annex XXI to Regulation (EU) No 765/2006);
  2. Diamonds, if they originate in the Republic of Belarus or are exported from the Republic of Belarus to the European Union or any third country (diamonds and products incorporating diamonds listed in Parts A, B, and C of Annex XXIX to Regulation (EU) No 765/2006);
  3. Mineral products, if they originate in the Republic of Belarus or are exported from the Republic of Belarus (listed in Annex VII to Regulation (EU) No 765/2006).
  4. Crude oil products, if they originate in the Republic of Belarus or are exported from the Republic of Belarus (listed in Annex XXIII to Regulation (EU) No 765/2006);
  5. Goods which allow the Republic of Belarus to diversify its sources of revenue (e.g. coal, helium, etc.) if these goods originate in the Republic of Belarus or are exported from the Republic of Belarus (listed in Annex XXVII to Regulation (EU) No 765/2006).

Restrictions on services:

Prohibition to provide the following services to the Republic of Belarus, its government, its public authorities, corporations, or agencies, or any natural or legal person, entity or body acting on their behalf or at their direction:

  1. accounting services;
  2. auditing, including statutory audit services;
  3. bookkeeping services;
  4. tax consulting services;
  5. business and management consulting services;
  6. public relations services.

Logistics/transport measures:

  1. Prohibition on the carriage of goods within the territory of the European Union by means of trailers or semi-trailers registered in the Republic of Belarus, including if the tractors of such trailers or semi-trailers are trucks registered in other countries;
  2. Prohibition of European Union companies registered after 8 April 2022 whereof 25% or more is owned by a natural or legal person of the Republic of Belarus from carrying out road haulage operations in the European Union, including in transit.

Financial measures:

  1. It is prohibited to acquire new or extend existing participation in any legal person, entity, or body incorporated or constituted under the laws of the Republic of Belarus or any third country and operating in the energy sector in the Republic of Belarus;
  2. Introduction of the possibility for companies established in the European Union to create a “firewall” to ensure that a sanctioned entity that controls or owns a company established in the European Union does not benefit in any way, thus allowing the respective company to continue its business.

Measures to protect European Union companies:

  1. Natural and legal persons of the European Union Member States shall be allowed to receive compensation from natural and legal persons of the Republic of Belarus for damage caused to them.
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