Council Regulation (EC) No 765/2006 of 18 May 2006 concerning restrictive measures in view of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine

Article 1

For the purpose of this Regulation, the following definitions shall apply:

1. ‘funds’ means financial assets and benefits of every kind, including but not limited to:

(a) cash, cheques, claims on money, drafts, money orders and other payment instruments;

(b) deposits with financial institutions or other entities, balances on accounts, debts and debt obligations;

(c) publicly- and privately-traded securities and debt instruments, including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures and derivatives contracts;

(d) interest, dividends or other income on or value accruing from or generated by assets;

(e) credit, right of set-off, guarantees, performance bonds or other financial commitments;

(f) letters of credit, bills of lading, bills of sale;

(g) documents evidencing an interest in funds or financial resources.

2. ‘freezing of funds’ means preventing any move, transfer, alteration, use of, access to, or dealing with funds in any way that would result in any change in their volume, amount, location, ownership, possession, character, destination or other change that would enable the use of the funds, including portfolio management.

3. ‘economic resources’ means assets of every kind, whether tangible or intangible, movable or immovable, which are not funds but can be used to obtain funds, goods or services.

4. ‘freezing of economic resources’ means preventing the use of economic resources to obtain funds, goods or services in any way, including, but not limited to, by selling, hiring or mortgaging them.

5. ‘territory of the Community’ means the territories of the Member States, including their airspace, to which the Treaty is applicable, under the conditions laid down in the Treaty.

6. ‘technical assistance’ means any technical support related to repairs, development, manufacture, assembly, testing, maintenance, or any other technical service, and may take forms such as instruction, advice, training, transmission of working knowledge or skills or consulting services; including verbal forms of assistance.

7. ‘belarusian air carrier’ means an air transport undertaking holding a valid operating licence or equivalent issued by the competent authorities of Belarus;

8. ‘dual-use goods and technology’ means the items listed in Annex I to Regulation (EU) 2021/821 of the European Parliament and of the Council;

9. ‘investment services’ means the following services and activities:

(i) reception and transmission of orders in relation to one or more financial instruments;

(ii) execution of orders on behalf of clients;

(iii) dealing on own account;

(iv) portfolio management;

(v) investment advice;

(vi) underwriting of financial instruments and/or placing of financial instruments on a firm commitment basis;

(vii) placing of financial instruments without a firm commitment basis;

(viii) any service in relation to the admission to trading on a regulated market or trading on a multilateral trading facility.

10. ‘transferable securities’ means the following classes of securities, including in the form of crypto-assets, which are negotiable on the capital market, with the exception of instruments of payment:

(i) shares in companies and other securities equivalent to shares in companies, partnerships or other entities, and depositary receipts in respect of shares;

(ii) bonds or other forms of securitised debt, including depositary receipts in respect of such securities;

(iii) any other securities giving the right to acquire or sell any such transferable securities or giving rise to a cash settlement determined by reference to transferable securities.

11. ‘money-market instruments’ means those classes of instruments which are normally dealt in on the money market, such as treasury bills, certificates of deposit and commercial papers and excluding instruments of payment;

12. ‘credit institution’ means an undertaking the business of which is to take deposits or other repayable funds from the public and to grant credit for its own account;

13. ‘brokering services’ means:

(i) the negotiation or arrangement of transactions for the purchase, sale or supply of goods and technology or of financial and technical services, including from a third country to any other third country; or

(ii) the selling or buying of goods and technology or of financial and technical services, including where they are located in third countries for their transfer to another third country;

14. ‘public corporation’ means an undertaking, other than a credit institution, established in Belarus with over 50 % public ownership, or under public control, as of 1 June 2021;

15. ‘claim’ means any claim, whether asserted by legal proceedings or not, made before, on or after the date of entry into force of this Regulation, under or in connection with a contract or transaction, and includes in particular:

(i) a claim for performance of any obligation arising under or in connection with a contract or transaction;

(ii) a claim for extension or payment of a bond, financial guarantee or indemnity of whatever form;

(iii) a claim for compensation in respect of a contract or transaction;

(iv) a counterclaim;

(v) a claim for the recognition or enforcement, including by the procedure of exequatur, of a judgment, an arbitration award or an equivalent decision, wherever made or given;

16. ‘contract or transaction’ means any transaction of whatever form and whatever the applicable law, whether comprising one or more contracts or similar obligations made between the same or different parties; for this purpose, ‘contract’ includes a bond, guarantee or indemnity, in particular a financial guarantee or financial indemnity, and credit, whether legally independent or not, as well as any related provision arising under, or in connection with, the transaction;

17. ‘financing or financial assistance’ means any action, irrespective of the particular means chosen, whereby the person, entity or body concerned, conditionally or unconditionally, disburses or commits to disburse its own funds or economic resources, including but not limited to grants, loans, guarantees, suretyships, bonds, letters of credit, supplier credits, buyer credits, import or export advances and all types of insurance and reinsurance, including export credit insurance; payment, as well as terms and conditions of payment, of the agreed price for a good or a service, made in line with normal business practice, does not constitute financing or financial assistance;

18. ‘partner country’ means a country applying a set of export control measures substantially equivalent to those set out in this Regulation, as listed in Annex Vb;

19. ‘consumer communication devices’ means devices used by private individuals such as personal computers and peripherals (including hard drives and printers), mobile telephones, smart televisions, memory devices (USB drives), and consumer software for those devices;

20. ‘central securities depository’ means a legal person as defined in point 1 of Article 2(1) of Regulation (EU) No 909/2014 of the European Parliament and of the Council;

21. ‘deposit’ means a credit balance which results from funds left in an account or from temporary situations deriving from normal banking transactions and which a credit institution is required to repay under the legal and contractual conditions applicable, including a fixed-term deposit and a savings deposit, but excluding a credit balance where:

(i) its existence can only be proven by a financial instrument as defined in Article 4(1)(15) of Directive 2014/65/EU of the European Parliament and of the Council, unless it is a savings product which is evidenced by a certificate of deposit made out to a named person and which exists in a Member State on 2 July 2014;

(ii) its principal is not repayable at par;

(iii) its principal is only repayable at par under a particular guarantee or agreement provided by the credit institution or a third party;

22. ‘investor citizenship schemes’ (or "golden passports") means the procedures put in place by a Member State, which allow third-country nationals to acquire its nationality in exchange for pre-determined payments and investments;

23. ‘investor residence schemes’ (or "golden visas") means the procedures put in place by a Member State, which allow third-country nationals to obtain a residence permit in a Member State in exchange for pre-determined payments and investments;

24. ‘trading venue’, as defined in Article 4(1)(24) of Directive 2014/65/EU, means a regulated market, a multilateral trading facility or an organised trading facility;

25. ‘road transport undertaking” means any natural or legal person, entity or body engaged with a commercial purpose in the transport of freight by means of motor vehicles or combinations of vehicles;

26. “competent authorities” means the competent authorities of the Member States as identified on the websites listed in Annex II;

27. “energy sector” means a sector covering the following activities with the exception of civil nuclear related activities:

(i) the exploration, production, distribution within Belarus or mining of crude oil, natural gas or solid fossil fuels, the refining of fuels, the liquefaction of natural gas or regasification;

(ii) the manufacture or distribution within Belarus of solid fossil fuel products, refined petroleum products or gas; or

(iii) the construction of facilities or installation of equipment for, or the provision of services, equipment or technology for, activities related to power generation or electricity production.’

Article 1a

1.   It shall be prohibited:

(a) to sell, supply, transfer or export, directly or indirectly, equipment which might be used for internal repression as listed in Annex III, whether or not originating in the Union, to any person, entity or body in Belarus or for use in Belarus;

(b) to participate, knowingly and intentionally, in activities the object or effect of which is to circumvent the prohibitions referred to in point (a).

2.   Paragraph 1 shall not apply to protective clothing, including flak jackets and helmets, temporarily exported to Belarus by United Nations (UN) personnel, personnel of the Union or its Member States, representatives of the media or humanitarian and development workers and associated persons exclusively for their personal use.

3.   By way of derogation from paragraph 1, the competent authorities in the Member States as listed in Annex II may authorise the sale, supply, transfer or export of equipment which might be used for internal repression, under such conditions as they deem appropriate, if they determine that such equipment is intended solely for humanitarian or protective use.

Article 1b

1.   It shall be prohibited:

(a) to provide, directly or indirectly, technical assistance related to the goods and technology listed in the Common Military List of the European Union (‘Common Military List’), or related to the provision, manufacture, maintenance and use of goods included in that list, to any person, entity or body in Belarus or for use in Belarus;

(b) to provide, directly or indirectly, technical assistance or brokering services related to equipment which might be used for internal repression as listed in Annex III, to any person, entity or body in Belarus or for use in Belarus;

(c) to provide, directly or indirectly, financing or financial assistance related to the goods and technology listed in the Common Military List or in Annex III, including in particular grants, loans and export credit insurance, for any sale, supply, transfer or export of such items, or for any provision of related technical assistance to any person, entity or body in Belarus or for use in Belarus;

(d) to participate, knowingly and intentionally, in activities the object or effect of which is to circumvent the prohibitions referred to in points (a) to (c).

2.   By way of derogation from paragraph 1, the prohibitions referred to therein shall not apply to:

(a) non-lethal military equipment, or equipment which might be used for internal repression, intended solely for humanitarian purposes or protective use or for institution building programmes of the UN and the Union, or for EU or UN crisis management operations; or

(b) non-combat vehicles fitted with materials to provide ballistic protection, intended solely for the protective use of personnel of the Union and its Member States in Belarus,

provided that the provision thereof has first been approved by the competent authority of a Member State, as identified on the websites listed in Annex II.

3.   Paragraph 1 shall not apply to protective clothing, including flak jackets and military helmets, temporarily exported to Belarus by UN personnel, personnel of the Union or its Member States, representatives of the media or humanitarian and development workers and associated persons exclusively for their personal use.

Article 1ba

1.   Without prejudice to Article 1a of this Regulation, it shall be prohibited to sell, supply, transfer or export, directly or indirectly, firearms, their parts and essential components and ammunition as listed in Annex I to Regulation (EU) No 258/2012 of the European Parliament and of the Council (^*1), and firearms and other arms as listed in Annex XVI to this Regulation, whether or not originating in the Union, to any natural or legal person, entity or body in Belarus or for use in Belarus.

1a.   The transit via the territory of Belarus of firearms, their parts and essential components and ammunition, as referred to in paragraph 1, exported from the Union shall be prohibited.

2.   It shall be prohibited to:

(a)provide technical assistance, brokering services or other services related to the goods referred to in paragraph 1 and to the provision, manufacture, maintenance and use of those goods, directly or indirectly to any natural or legal person, entity or body in Belarus or for use in Belarus;

(b)provide financing or financial assistance related to the goods referred to in paragraph 1 for any sale, supply, transfer or export of those goods, or for the provision of related technical assistance, brokering services or other services, directly or indirectly to any natural or legal person, entity or body in Belarus, or for use in Belarus; or

(c)sell, license or transfer in any other way intellectual property rights or trade secrets as well as to grant rights to access or re-use any material or information protected by means of intellectual property rights or constituting trade secrets related to the goods and technology referred to in paragraph 1 and to the provision, manufacture, maintenance and use of those goods and technology, directly or indirectly to any natural or legal person, entity or body in Belarus or for use in Belarus.

Article 1bb

1.   It shall be prohibited to sell, supply, transfer or export, directly or indirectly, goods which could contribute in particular to the enhancement of Belarusian industrial capacities, whether or not originating in the Union, as listed in Annex XVIII, to any natural or legal person, entity or body in Belarus or for use in Belarus.

2.   The transit via the territory of Belarus of the goods and technology as listed in Annex XIX, exported from the Union, shall be prohibited.

3.   It shall be prohibited to:

(a)provide technical assistance, brokering services or other services related to the goods and technology referred to in paragraph 1 and to the provision, manufacture, maintenance and use of those goods and technology, directly or indirectly to any natural or legal person, entity or body in Belarus or for use in Belarus;

(b)provide financing or financial assistance related to the goods and technology referred to in paragraph 1 for any sale, supply, transfer or export of those goods and technology, or for the provision of related technical assistance, brokering services or other services, directly or indirectly to any natural or legal person, entity or body in Belarus, or for use in Belarus; or

(c)sell, license or transfer in any other way intellectual property rights or trade secrets as well as grant rights to access or re-use any material or information protected by means of intellectual property rights or constituting trade secrets related to the goods and technology referred to in paragraph 1 and to the provision, manufacture, maintenance and use of those goods and technology, directly or indirectly to any natural or legal person, entity or body in Belarus or for use in Belarus.

4.   The prohibitions in paragraph 1 and 3 shall not apply to the execution until 2 October 2024 of contracts concluded before 1 July 2024, or of ancillary contracts necessary for the execution of such contracts.

5.   With regard to the goods falling under CN code 2602, the prohibitions in paragraphs 1 and 3 shall not apply to the execution until 2 August 2024 of contracts concluded before 1 July 2024, or of ancillary contracts necessary for the execution of such contracts.

6.   With regard to the goods falling under CN code 8708 99, the prohibitions in paragraphs 1 and 3 shall not apply to the execution until 2 January 2025 of contracts concluded before 1 July 2024, or of ancillary contracts necessary for the execution of such contracts.

7.   The prohibitions referred to in paragraph 1 and 3 shall not apply to goods which are necessary for the official purposes of diplomatic or consular missions of Member States or partner countries in Belarus or of international organisations enjoying immunities in accordance with international law, or to the personal effects of their staff.

8.   The competent authorities of the Member States may authorise, under the conditions they deem appropriate, the sale, supply, transfer or export of the goods and technology listed in Annex XVIII, or the provision of related technical or financial assistance, after having determined that such goods or technology or the provision of related technical or financial assistance are necessary for:

(a)medical or pharmaceutical purposes, or for humanitarian purposes, such as delivering or facilitating the delivery of assistance, including medical supplies, food, or the transfer of humanitarian workers and related assistance or for evacuations;

(b)the exclusive use and under the full control of the authorising Member State and in order to fulfil its maintenance obligations in areas which are under a long-term lease agreement between that Member State and Belarus; or

(c)the establishment, operation, maintenance, fuel supply and retreatment and safety of civil nuclear capabilities, and the continuation of design, construction and commissioning required for the completion of civil nuclear facilities, the supply of precursor material for the production of medical radioisotopes and similar medical applications, or critical technology for environmental radiation monitoring, as well as for civil nuclear cooperation, in particular in the field of research and development.

9.   The competent authorities of the Member States may authorise, under the conditions they deem appropriate, the sale, supply, transfer or export of the goods falling under CN code 8417 20, or the provision of related technical or financial assistance, after having determined that such goods or the provision of related technical or financial assistance are necessary for the personal household use of natural persons.

10.   By way of derogation from paragraph 2, the competent authorities may authorise the transit via the territory of Belarus of goods and technology which could contribute in particular to the enhancement of Belarusian industrial capacities as listed in Annex XIX, after having determined that such goods or technology are intended for the purposes set out in paragraph 8.

11.   The prohibitions in paragraphs 1, 2 and 3 shall not apply to the sale, supply, transfer or export of the goods and technology referred to in paragraph 1 or to the related provision of technical and financial assistance, for non-military use and for a non-military end-user, intended for health emergencies, the urgent prevention or mitigation of an event likely to have a serious and significant impact on human health and safety or the environment, or as a response to natural disasters.

12.   By way of derogation from paragraphs 1 and 3, the competent authorities of the Member States may authorise, under such conditions as they deem appropriate, the sale, supply, transfer or export of the goods and technology falling under CN codes 3917, 8523 and 8536, as listed in Annex XVIII, or the provision of related technical or financial assistance, after having determined that those goods or the provision of related technical or financial assistance are necessary for the purposes of maintenance or repair of medical devices.

13.   The competent authorities of the Member States may authorise, under such conditions as they deem appropriate, the sale, supply, transfer or export of the following goods, or the provision of related technical or financial assistance, after having determined that such goods or the provision of related technical or financial assistance are necessary for personal household use of natural persons in Belarus:

(a)goods falling under CN code 8417 20;

(b)copper tubes, pipes and pipe fittings falling under CN codes 7411 or 7412 that have an internal diameter of up to 50 mm.

14.   The competent authorities of the Member States may authorise, under such conditions as they deem appropriate, the sale, supply, transfer or export of the goods falling under CN code 3917 10, or the provision of related technical or financial assistance, after having determined that such goods are sold, supplied, transferred or exported strictly for the production of food items for human consumption in Belarus.

15.   When deciding on requests for authorisations for the purposes included in paragraphs 8, 9, 10, 12, 13 and 14, the competent authorities shall not grant an authorisation for exports to any natural or legal person, entity or body in Belarus or for use in Belarus, if they have reasonable grounds to believe that the goods might have a military end use.

16.   The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraphs 8, 9, 10, 12, 13 and 14 within 2 weeks of the authorisation.

Article 1c

1.   It shall be prohibited to sell, supply, transfer or export, directly or indirectly, equipment, technology or software identified in Annex IV, whether or not originating in the Union, to any natural or legal person, entity or body in Belarus or for use in Belarus, unless the competent authority of the relevant Member State, as identified on the websites listed in Annex II, has given prior authorisation.

2.   The competent authorities of the Member States, as identified on the websites listed in Annex II, shall not grant any authorisation under paragraph 1 if they have reasonable grounds to determine that the equipment, technology or software in question would be used for repression by the Belarusian Government, public bodies, corporations or agencies, or any natural or legal person or entity acting on their behalf or at their direction.

3.   Annex IV shall include equipment, technology or software intended primarily for use in the monitoring or interception of internet or telephone communications.

4.   The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under this Article within two weeks of the authorisation.

Article 1d

1.   Unless the competent authority of the relevant Member State, as identified on the websites listed in Annex II, has given prior authorisation in accordance with Article 1c(2), it shall be prohibited to:

(a) provide, directly or indirectly, technical assistance or brokering services related to the equipment, technology and software identified in Annex IV, or related to the installation, provision, manufacture, maintenance and use of the equipment and technology identified in Annex IV or to the provision, installation, operation or updating of any software identified in Annex IV, to any natural or legal person, entity or body in Belarus or for use in Belarus;

(b) provide, directly or indirectly, financing or financial assistance related to the equipment, technology and software identified in Annex IV to any natural or legal person, entity or body in Belarus or for use in Belarus;

(c) provide any telecommunication or internet monitoring or interception services of any kind to, or for the direct or indirect benefit of, the Belarusian Government, public bodies, corporations and agencies or any natural or legal person or entity acting on their behalf or at their direction.

2.   For the purposes of point (c) of paragraph 1, "telecommunication or internet monitoring or interception services" means those services that provide, in particular using equipment, technology or software as identified in Annex IV, access to and delivery of a subject's incoming and outgoing telecommunications and call-associated data for the purpose of its extraction, decoding, recording, processing, analysis or storing, or any other related activity.

Article 1e

1. It shall be prohibited to sell, supply, transfer or export, directly or indirectly, dual-use goods and technology, whether or not originating in the Union, to any natural or legal person, entity or body in Belarus or for use in Belarus.

1a.   The transit via the territory of Belarus of the dual-use goods and technology, as referred to in paragraph 1, exported from the Union shall be prohibited

2.   It shall be prohibited to:

(a)provide technical assistance, brokering services or other services related to the goods and technology referred to in paragraph 1 and to the provision, manufacture, maintenance and use of those goods and technology, directly or indirectly to any natural or legal person, entity or body in Belarus or for use in Belarus;

(b)provide financing or financial assistance related to the goods and technology referred to in paragraph 1 for any sale, supply, transfer or export of those goods and technology, or for the provision of related technical assistance, brokering services or other services, directly or indirectly to any natural or legal person, entity or body in Belarus, or for use in Belarus; or

(c)sell, license or transfer in any other way intellectual property rights or trade secrets as well as to grant rights to access or re-use any material or information protected by means of intellectual property rights or constituting trade secrets related to the goods and technology referred to in paragraph 1 and to the provision, manufacture, maintenance and use of those goods and technology, directly or indirectly to any natural or legal person, entity or body in Belarus or for use in Belarus. 

3.   Without prejudice to the authorisation requirements pursuant to Regulation (EU) 2021/821, the prohibitions in paragraphs 1 and 2 of this Article shall not apply to the sale, supply, transfer or export of dual-use goods and technology or to the related provision of technical or financial assistance, for non-military use and for a non-military end-user, intended for:

(a) humanitarian purposes, health emergencies, the urgent prevention or mitigation of an event likely to have a serious and significant impact on human health and safety or on the environment or as a response to natural disasters;

(b) medical or pharmaceutical purposes;

(c) temporary export of items for use by news media;

(d) software updates;

(e) use as consumer communication devices; or

(f) personal use of natural persons travelling to Belarus or members of their immediate families travelling with them, and limited to personal effects, household effects, vehicles or tools of trade owned by those individuals and not intended for sale.

With the exception of point (f) of the first subparagraph, the exporter shall declare in the customs declaration that the items are being exported under the relevant exception set out in this paragraph and shall notify the competent authority of the Member State where the exporter is resident or established of the first use of the relevant exception within 30 days from the date when the first export took place.

3a.   Without prejudice to the authorisation requirements of Regulation (EU) 2021/821, the prohibition in paragraph 1a of this Article shall not apply to the transit via the territory of Belarus of dual-use goods and technology intended for the purposes set out in points (a) to (e) of paragraph 3 of this Article.’

4.   BBy way of derogation from paragraphs 1 and 2 of this Article, and without prejudice to the authorisation requirements pursuant to Regulation (EU) 2021/821, the competent authorities may authorise the sale, supply, transfer or export of dual-use goods and technology or the provision of related technical or financial assistance, for non-military use and for a non-military end-user, after having determined that such goods or technology or the related technical or financial assistance are:

(a) intended for cooperation between the Union, the governments of Member States and the government of Belarus in purely civilian matters;

(b) intended for intergovernmental cooperation in space programmes;

(c) intended for the operation, maintenance, fuel retreatment and safety of civil nuclear capabilities, as well as civil nuclear cooperation, in particular in the field of research and development;

(d) intended for maritime safety;

(e) intended for civilian non-publicly available electronic communications networks which are not the property of an entity that is publicly controlled or with over 50 % public ownership;

(f) intended for the exclusive use of entities owned, or solely or jointly controlled, by a legal person, entity or body which is incorporated or constituted under the law of a Member State or of a partner country;

(g) intended for the diplomatic representations of the Union, Member States and partner countries, including delegations, embassies and missions; or

(h) intended for ensuring cyber-security and information security for natural and legal persons, entities and bodies in Belarus except for its government and undertakings directly or indirectly controlled by that government.

4a.   By way of derogation from paragraph 1a, and without prejudice to the authorisation requirements of Regulation (EU) 2021/821, the competent authorities may authorise the transit via the territory of Belarus of dual-use goods and technology after having determined that such goods or technology are intended for the purposes set out in points (b), (c), (d), and (h) of paragraph 4 of this Article.

5.   By way of derogation from paragraphs 1 and 2 of this Article, and without prejudice to the authorisation requirements pursuant to Regulation (EU) 2021/821, the competent authorities may authorise the sale, supply, transfer or export of dual-use goods and technology or the provision of related technical or financial assistance, for non-military use and for a non-military end-user, after having determined that such goods or technology or such related technical or financial assistance are due under contracts concluded before 3 March 2022, or ancillary contracts necessary for the execution of such a contract, provided that the authorisation is requested before 1 May 2022.

6.   All authorisations required under this Article shall be granted by the competent authorities in accordance with the rules and procedures laid down in Regulation (EU) 2021/821, which shall apply mutatis mutandis. The authorisation shall be valid throughout the Union

7.   When deciding on requests for authorisations referred to in paragraphs 4 and 5, the competent authorities shall not grant an authorisation if they have reasonable grounds to believe that:

(i) the end-user might be a military end-user, a natural or legal person, entity or body listed in Annex V, or that the goods might have a military end-use, unless the sale, supply, transfer or export of goods and technology referred to in paragraph 1 of this Article or the provision of related technical or financial assistance is allowed under Article 1fa(1), point (a); or

(ii) the sale, supply, transfer or export of goods and technology referred to in paragraph 1 or the provision of related technical or financial assistance is intended for aviation or the space industry, unless such sale, supply, transfer or export or the provision of related technical or financial assistance is allowed under paragraph 4, point (b).

8.   The competent authorities may annul, suspend, modify or revoke an authorisation which they have granted pursuant to paragraphs 4 and 5 if they deem that such annulment, suspension, modification or revocation is necessary for the effective implementation of this Regulation.

Article 1f

1.   It shall be prohibited to sell, supply, transfer or export, directly or indirectly, goods and technology which might contribute to Belarus’s military and technological enhancement, or to the development of its defence and security sector, as listed in Annex Va, whether or not originating in the Union, to any natural or legal person, entity or body in Belarus or for use in Belarus.

1a.   The transit via the territory of Belarus of goods and technology which might contribute to Belarus’s military and technological enhancement or to the development of its defence and security sector, as listed in Annex Va, exported from the Union, shall be prohibited.

2.   It shall be prohibited to:

(a)provide technical assistance, brokering services or other services related to the goods and technology referred to in paragraph 1 and to the provision, manufacture, maintenance and use of those goods and technology, directly or indirectly to any natural or legal person, entity or body in Belarus, or for use in Belarus;

(b)provide financing or financial assistance related to the goods and technology referred to in paragraph 1 for any sale, supply, transfer or export of those goods and technology, or for the provision of related technical assistance, brokering services or other services, directly or indirectly to any natural or legal person, entity or body in Belarus or for use in Belarus; or

(c)sell, license or transfer in any other way intellectual property rights or trade secrets as well as to grant rights to access or re-use any material or information protected by means of intellectual property rights or constituting trade secrets related to the goods and technology referred to in paragraph 1 and to the provision, manufacture, maintenance and use of those goods and technology, directly or indirectly to any natural or legal person, entity or body in Belarus or for use in Belarus.

3.   The prohibitions in paragraphs 1 and 2 shall not apply to the sale, supply, transfer or export of the goods and technology referred to in paragraph 1 or to the related provision of technical or financial assistance, for non-military use and for a non-military end-user, intended for:

(a) humanitarian purposes, health emergencies, the urgent prevention or mitigation of an event likely to have a serious and significant impact on human health and safety or on the environment, or as a response to natural disasters;

(b) medical or pharmaceutical purposes;

(c) temporary export of items for use by news media;

(d) software updates;

(e) use as consumer communication devices; or

(f) personal use of natural persons travelling to Belarus or members of their immediate families travelling with them, and limited to personal effects, household effects, vehicles or tools of trade owned by those individuals and not intended for sale.

With the exception of point (f) of the first subparagraph, the exporter shall declare in the customs declaration that the items are being exported under the relevant exception set out in this paragraph and shall notify the competent authority of the Member State where the exporter is resident or established of the first use of the relevant exception within 30 days from the date when the first export took place.

3a.   The prohibition in paragraph 1a shall not apply to the transit via the territory of Belarus of goods and technology which might contribute to Belarus’s military and technological enhancement or to the development of its defence and security sector, as listed in Annex Va, intended for the purposes set out in points (a) to (e) of paragraph 3.

4.   By way of derogation from paragraphs 1 and 2, the competent authorities may authorise the sale, supply, transfer or export of the goods and technology referred to in paragraph 1 or the provision of related technical or financial assistance, for non-military use and for a non-military end-user, after having determined that such goods or technology or the related technical or financial assistance are:

(a) intended for cooperation between the Union, the governments of Member States and the government of Belarus in purely civilian matters;

(b)intended for intergovernmental cooperation in space programmes;

(c)intended for the operation, maintenance, fuel retreatment and safety of civil nuclear capabilities, as well as civil nuclear cooperation, in particular in the field of research and development;

(d)intended for maritime safety;

(e) intended for civilian non-publicly available electronic communications networks which are not the property of an entity that is publicly controlled or with over 50 % public ownership;

(f) intended for the exclusive use of entities owned, or solely or jointly controlled, by a legal person, entity or body which is incorporated or constituted under the law of a Member State or of a partner country;

(g) intended for the diplomatic representations of the Union, Member States and partner countries, including delegations, embassies and missions

(h) intended for ensuring cyber-security and information security for natural and legal persons, entities and bodies in Belarus except for its Government and undertakings directly or indirectly controlled by that Government; or

(i) intended for the exclusive use and under the full control of the authorising Member State and in order to fulfil its maintenance obligations in areas which are under a long-term lease agreement between that Member State and Belarus.

4a.   Without prejudice to paragraph 4, point (e), and by way of derogation from paragraphs 1 and 2, the competent authorities may authorise the sale, supply, transfer or export of the goods and technology referred to in paragraph 1 or the provision of related technical or financial assistance, for non-military use and for a non-military end-user, after having determined that such goods or technology or the related technical or financial assistance are intended for the wind-down by 6 February 2024 of contracts and operations which are ongoing on 5 August 2023 and which are necessary for the provision of civil telecommunication services to the Belarusian civilian population.

4b.   By way of derogation from paragraph 1a, the competent authorities may authorise the transit via the territory of Belarus of goods and technology which might contribute to Belarus’s military and technological enhancement or to the development of its defence and security sector, as listed in Annex Va, after having determined that such goods or technology are intended for the purposes set out in points (b), (c), (d), and (h) of paragraph 4.

5.   By way of derogation from paragraphs 1 and 2, the competent authorities may authorise the sale, supply, transfer or export of the goods and technology referred in paragraph 1 or the provision of related technical or financial assistance, for non-military use and for a non-military end-user, after having determined that such goods or technology or the related technical or financial assistance are due under contracts concluded before 3 March 2022, or ancillary contracts necessary for the execution of such a contract, provided that the authorisation is requested before 1 May 2022.

5a.   By way of derogation from paragraphs 1 and 2, the competent authority of a Member State may authorise the sale, supply, transfer or export of goods falling under CN codes 8536 69, 8536 90, 8541 30 and 8541 60 as listed in Annex Va until 6 February 2024, or the provision of related technical or financial assistance, insofar as this is necessary for the processing of those goods in Belarus by a joint venture in which a company established in the Union has a majority ownership on 5 August 2023, for the purpose of subsequent import into the Union and subsequent production in the Union of goods destined for use in the health or pharmaceutical sector, or in the area of research and development.

6.   All authorisations required under this Article shall be granted by the competent authorities in accordance with the rules and procedures laid down in Regulation (EU) 2021/821, which shall apply mutatis mutandis. The authorisation shall be valid throughout the Union.

7.   When deciding on requests for authorisations referred to in paragraphs 4 and 5, the competent authorities shall not grant an authorisation if they have reasonable grounds to believe that:

(i) the end-user might be a military end-user, a natural or legal person, entity or body listed in Annex V, or that the goods might have a military end-use, unless the sale, supply, transfer or export of goods and technology referred to in paragraph 1 of this Article or the provision of related technical or financial assistance is allowed under Article 1fa(1); or

(ii) the sale, supply, transfer or export of goods and technology referred to in paragraph 1 or the provision of related technical or financial assistance is intended for aviation or the space industry, unless such sale, supply, transfer or export or the provision of related technical or financial assistance is allowed under paragraph 4, point (b).

8.   The competent authorities may annul, suspend, modify or revoke an authorisation which they have granted pursuant to paragraphs 4 and 5 if they deem that such annulment, suspension, modification or revocation is necessary for the effective implementation of this Regulation.

Article 1fa

1.   With regard to the natural or legal persons, entities or bodies listed in Annex V, by way of derogation from Article 1e(1) and (2) and Article 1f(1) and (2), and without prejudice to the authorisation requirements of Regulation (EU) 2021/821, the competent authorities may only authorise the sale, supply, transfer or export of dual-use goods and technology, and goods and technology listed in Annex Va, or the provision of related technical or financial assistance, after having determined that such goods or technology or the related technical or financial assistance are:

(a)necessary for the urgent prevention or mitigation of an event likely to have a serious and significant impact on human health and safety or the environment; or

(b)due under contracts concluded before 3 March 2022, or ancillary contracts necessary for the execution of such a contract, provided that such authorisation is requested before 1 May 2022.

2.   Authorisations required under this Article shall be granted by the competent authorities of the Member State in accordance with the rules and procedures laid down in Regulation (EU) 2021/821, which shall apply mutatis mutandis. Such authorisation shall be valid throughout the Union.

3.   The competent authorities may annul, suspend, modify or revoke an authorisation which they have granted pursuant to paragraph 1 if they deem that such annulment, suspension, modification or revocation is necessary for the effective implementation of this Regulation.

Article 1fb

1.   The notification to the competent authority referred to in Articles 1e(3) and 1f(3) shall be submitted by electronic means, whenever possible, on forms containing at least all the elements of, and in the order provided for in, the models set out in Annex Vc.

2.   All authorisations referred to in Articles 1e, 1f and 1fa shall be issued by electronic means, whenever possible, on forms containing at least all the elements of, and in the order provided for in, the models set out in Annex Vc.

Article 1fc

1.   The competent authorities shall exchange information on the application of Articles 1e, 1f and 1fa with the other Member States and the Commission, including on any authorisation granted or denied and, in the event of suspected forum shopping or other cases as appropriate, on requests for authorisation received.

The competent authorities shall exchange information on the enforcement of Articles 1e, 1f and 1fa with the other Member States and the Commission, including on related infringements and penalties, as well as best practices of national enforcement authorities and the detection and prosecution of unauthorised exports. The exchange of information shall be carried out using the electronic system provided for in Article 23(6) of Regulation (EU) 2021/821.’

2.   Information received as a result of the application of this Article shall be used only for the purpose for which it was requested, including the exchanges mentioned in paragraph 4. Member States and the Commission shall ensure the protection of confidential information acquired in the application of this Article in accordance with Union law and the respective national law. Member States and the Commission shall ensure that classified information provided or exchanged under this Article is not downgraded or declassified without the prior written consent of the originator.

3.   Before a Member State grants an authorisation in accordance with Article 1e, 1f or 1fa for a transaction which is essentially identical to a transaction which is the subject of a still valid denial issued by another Member State or by other Member States, it shall first consult the Member State or Member States which issued the denial. If, following such consultations, the Member State concerned decides to grant an authorisation, it shall inform the other Member States and the Commission thereof, providing all relevant information to explain the decision.

3a.   When a Member State grants an authorisation in accordance with Articles 1e(4)(d), 1f(4)(d) or 1fd(4) for the sale, supply, transfer or export of the goods and technology intended for maritime safety, it shall inform the other Member States and the Commission within 2 weeks of the authorisation.

4.   The Commission, in consultation with the Member States, shall, where appropriate and on the basis of reciprocity, exchange information with partner countries, with a view to supporting the effectiveness of export control measures under this Regulation and the consistent application of export control measures applied by partner countries.

Article 1fd

1.   It shall be prohibited to sell, supply, transfer or export, directly or indirectly, maritime navigation goods and technology, as listed in Annex XXIV, whether or not originating in the Union, to any natural or legal person, entity or body in Belarus or for use in Belarus.

2.   It shall be prohibited to:

(a)provide technical assistance, brokering services or other services related to the goods and technology referred to in paragraph 1 and to the provision, manufacture, maintenance and use of those goods and technology, directly or indirectly to any natural or legal person, entity or body in Belarus or for use in Belarus;

(b)provide financing or financial assistance related to the goods and technology referred to in paragraph 1 for any sale, supply, transfer or export of those goods and technology, or for the provision of related technical assistance, brokering services or other services, directly or indirectly to any natural or legal person, entity or body in Belarus or for use in Belarus; or

(c)sell, license or transfer in any other way intellectual property rights or trade secrets as well as to grant rights to access or re-use any material or information protected by means of intellectual property rights or constituting trade secrets related to the goods and technology referred to in paragraph 1 and to the provision, manufacture, maintenance and use of those goods and technology, directly or indirectly to any natural or legal person, entity or body in Belarus or for use in Belarus.

3.   The prohibitions in paragraphs 1 and 2 shall not apply to the sale, supply, transfer or export of the goods and technology referred to in paragraph 1 or to the related provision of technical and financial assistance, for non-military use and for a non-military end-user, intended for humanitarian purposes, health emergencies, the urgent prevention or mitigation of an event likely to have a serious and significant impact on human health and safety or the environment, or as a response to natural disasters.’

Article 1g

1.   It shall be prohibited to sell, supply, transfer, or export the goods listed in Annex VI, whether such goods originate or not in the Union, to any natural or legal person, entity or body in Belarus or for use in Belarus.

1a.   It shall be prohibited to provide, directly or indirectly, technical assistance, brokering services, financing or financial assistance, including financial derivatives, as well as insurance and re-insurance, related to the prohibitions in paragraph 1

2.   Annex VI shall include goods used for the production or manufacturing of tobacco products.

Article 1ga

1.   It shall be prohibited to sell, supply, transfer or export, directly or indirectly, luxury goods, whether or not originating in the Union, as listed in Annex XXV, to any natural or legal person, entity or body in Belarus or for use in Belarus.

2.   It shall be prohibited to:

(a)provide technical assistance, brokering services or other services related to the goods referred to in paragraph 1 and related to the provision, manufacture, maintenance and use of those goods, directly or indirectly to any natural or legal person, entity or body in Belarus or for use in Belarus;

(b)provide financing or financial assistance related to the goods referred to in paragraph 1 for any sale, supply, transfer or export of those goods, or for the provision of related technical assistance, brokering services or other services, directly or indirectly to any natural or legal person, entity or body in Belarus or for use in Belarus; or

(c)sell, license or transfer in any other way intellectual property rights or trade secrets as well as to grant rights to access or re-use any material or information protected by means of intellectual property rights or constituting trade secrets related to the goods referred to in paragraph 1 and to the provision, manufacture, maintenance and use of those goods, directly or indirectly to any natural or legal person, entity or body in Belarus or for use in Belarus.

3.   The prohibition referred to in paragraphs 1 and 2 shall apply to luxury goods listed in Annex XXV insofar as their value exceeds EUR 300 per item, unless otherwise specified in that Annex.

4.   The prohibition referred to in paragraph 1 shall not apply to goods which are necessary for the official purposes of diplomatic or consular missions of Member States or partner countries in Belarus or of international organisations enjoying immunities in accordance with international law, or to the personal effects of their staff.

5.   The prohibition in paragraph 1 shall not apply to goods falling under CN codes 7113 00 00 and 7114 00 00, as listed in Annex XXV, for the personal use of natural persons travelling from the Union or members of their immediate families travelling with them, owned by those individuals and not intended for sale.

6.   By way of derogation from paragraph 1, the competent authorities may authorise the transfer or export to Belarus of cultural goods which are on loan in the context of formal cultural cooperation with Belarus.

7.   The Member State concerned shall inform the other Member States and the Commission of any authorisations granted under paragraph 6 within 2 weeks of the authorisation.

Article 1gb

1.   It shall be prohibited to:

(a)acquire any new or extend any existing participation in any legal person, entity or body incorporated or constituted under the law of Belarus or any other third country and operating in the energy sector in Belarus;

(b)grant or be part of any arrangement to grant any new loan or credit or otherwise provide financing, including equity capital, to any legal person, entity or body incorporated or constituted under the law of Belarus or any other third country and operating in the energy sector in Belarus, or for the documented purpose of financing such a legal person, entity or body;

(c)create any new joint venture with any legal person, entity or body incorporated or constituted under the law of Belarus or any other third country and operating in the energy sector in Belarus; or

(d)provide investment services directly related to the activities referred to in points (a), (b) and (c).

2.   By way of derogation from paragraph 1, the competent authorities may authorise, under such conditions as they deem appropriate, any activity referred to in paragraph 1 after having determined that:

(a)it is necessary to ensure critical energy supply within the Union, as well as the transport of natural gas and oil, including refined petroleum products, unless prohibited under Article 1h, from or through Belarus into the Union; or

(b)it exclusively concerns a legal person, entity or body operating in the energy sector in Belarus owned by a legal person, entity or body which is incorporated or constituted under the law of a Member State.

3.   The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 2 within 2 weeks of the authorisation.

Article 1gc

1.   It shall be prohibited to sell, supply, transfer, or export, directly or indirectly, goods and technology suited for use in oil refining and liquefaction of natural gas, as listed in Annex XX, whether or not originating in the Union, to any natural or legal person, entity or body in Belarus or for use in Belarus.

2.   It shall be prohibited to:

(a)provide technical assistance, brokering services or other services related to the goods and technology referred to in paragraph 1 and to the provision, manufacture, maintenance and use of those goods and technology, directly or indirectly to any natural or legal person, entity or body in Belarus or for use in Belarus;

(b)provide financing or financial assistance related to the goods and technology referred to in paragraph 1 for any sale, supply, transfer or export of those goods and technology, or for the provision of related technical assistance, brokering services or other services, directly or indirectly to any person, entity or body in Belarus or for use in Belarus; or

(c)sell, license or transfer in any other way intellectual property rights or trade secrets as well as to grant rights to access or re-use any material or information protected by means of intellectual property rights or constituting trade secrets related to the goods and technology referred to in paragraph 1 and to the provision, manufacture, maintenance and use of those goods and technology, directly or indirectly to any natural or legal person, entity or body in Belarus or for use in Belarus.

3.   The prohibitions in paragraphs 1 and 2 shall not apply to the execution until 2 October 2024 of contracts concluded before 1 July 2024, or of ancillary contracts necessary for the execution of such contracts.

4.   By way of derogation from paragraphs 1 and 2, the competent authorities may authorise, under such conditions as they deem appropriate, the sale, supply, transfer or export of the goods and technology listed in Annex XX or the provision of related technical or financial assistance, after having determined that such goods or technology or the provision of related technical or financial assistance are necessary for the urgent prevention or mitigation of an event likely to have a serious and significant impact on human health and safety or the environment.

In duly justified cases of emergency, the sale, supply, transfer or export may proceed without prior authorisation, provided that the exporter notifies the competent authority within five working days after the sale, supply, transfer or export has taken place, providing detail about the relevant justification for the sale, supply, transfer or export without prior authorisation.

5.   The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 4 within 2 weeks of the authorisation.’

Article 1h

1.   It shall be prohibited to purchase, import or transfer, directly or indirectly, mineral products, as listed in Annex VII, and crude oil, as listed in Annex XXIII, if they originate in Belarus or are exported from Belarus.

2.   It shall be prohibited to provide, directly or indirectly, technical assistance, brokering services, financing or financial assistance or any other services related to the prohibition in paragraph 1.

3.   The prohibitions in paragraph 1 shall not apply to purchases in Belarus of mineral products listed in Annex VII which are required in order to meet the essential needs of the purchaser in Belarus or of humanitarian projects in Belarus.

4.   The prohibitions in paragraphs 1 and 2 shall not apply to crude oil, as listed in Annex XXIII, until 2 October 2024, to one-off transactions for near-term delivery, concluded and executed before that date, or to the execution of contracts for the purchase, import or transfer of crude oil, as listed in Annex XXIII concluded before 1 July 2024, or of ancillary contracts necessary for the execution of such contracts, provided that those contracts have been notified by the relevant Member State to the Commission by 23 July 2024 and that the one-off transactions for near-term delivery are notified by the relevant Member States to the Commission within 10 days of their completion.

5.   The prohibitions in paragraphs 1 and 2 of this Article are without prejudice to the transit through Belarus of crude oil falling under CN code 2709 00 which is delivered by pipeline from Russia into Member States until the Council decides that the prohibitions in paragraphs 1 and 2 of Article 3m of Council Regulation (EU) No 833/2014 (*2) shall apply to crude oil delivered by pipeline from Russia.

Article 1i

1.   It shall be prohibited to import, purchase or transfer, directly or indirectly, potassium chloride ("potash") products as listed in Annex VIII from Belarus, whether or not originating in Belarus.

1a.   It shall be prohibited to provide, directly or indirectly, technical assistance, brokering services, financing or financial assistance, including financial derivatives, as well as insurance and re-insurance, related to the prohibitions in paragraph 1.

Article 1j

It shall be prohibited to directly or indirectly purchase, sell, provide investment services for or assistance in the issuance of, or otherwise deal with transferable securities and money-market instruments with a maturity exceeding 90 days, issued after 29 June 2021 by:

(a) the Republic of Belarus, its Government, its public bodies, corporations or agencies;

(b) a major credit institution established in Belarus with over 50 % public ownership, or under public control, as of 1 June 2021, as listed in Annex IX;

(c) a legal person, entity or body established outside the Union whose proprietary rights are directly or indirectly owned for more than 50 % by an entity referred to in point (a) or (b) of this Article; or

(d) a natural or legal person, entity or body acting on behalf or at the direction of an entity referred to in point (a), (b) or (c) of this Article.

Article 1ja

1.   Transactions related to the management of reserves as well as of assets of the Central Bank of Belarus, including transactions with any legal person, entity or body acting on behalf of, or at the direction of, the Central Bank of Belarus, are prohibited.

2.   By way of derogation from paragraph 1, the competent authorities may authorise a transaction provided that it is strictly necessary to ensure the financial stability of the Union as a whole or of the Member State concerned.

3.   The Member State concerned shall immediately inform the other Member States and the Commission of its intention to grant an authorisation under paragraph 2.

Article 1jb

It shall be prohibited to list and provide services as of 12 April 2022 on trading venues registered or recognised in the Union for the transferable securities of any legal person, entity or body established in Belarus and with over 50 % public ownership.

Article 1jc

1.   It shall be prohibited to provide, directly or indirectly, accounting, auditing, including statutory audit, bookkeeping or tax consulting services, or business and management consulting or public relations services to:

(a)The Republic of Belarus, its Government, its public bodies, corporations or agencies; or

(b)any natural or legal person, entity or body acting on behalf or at the direction of the Republic of Belarus, its Government, its public bodies, corporations or agencies.

2.   It shall be prohibited to provide, directly or indirectly, architectural and engineering services, legal advisory services and IT consultancy services to:

(a)the Republic of Belarus, its Government, its public bodies, corporations or agencies; or

(b)any natural or legal person, entity or body acting on behalf or at the direction of the Republic of Belarus, its Government, its public bodies, corporations or agencies.

3.   It shall be prohibited to provide, directly or indirectly, market research and public opinion polling services, technical testing and analysis services and advertising services to:

(a)the Republic of Belarus, its Government, its public bodies, corporations or agencies; or

(b)any natural or legal person, entity or body acting on behalf or at the direction of the Republic of Belarus, its Government, its public bodies, corporations or agencies.

4.   It shall be prohibited to sell, supply, transfer, export, or provide, directly or indirectly, software for the management of enterprises and software for industrial design and manufacture as listed in Annex XXVI to:

(a)the Republic of Belarus, its Government, its public bodies, corporations or agencies; or

(b)any natural or legal person, entity or body acting on behalf or at the direction of the Republic of Belarus, its Government, its public bodies, corporations or agencies.

5.   It shall be prohibited to:

(a)provide technical assistance, brokering services or other services related to the goods and services referred to in paragraphs 1 to 4 for their provision, directly or indirectly, to the Republic of Belarus, its Government, its public bodies, corporations or agencies or to any natural or legal person, entity or body acting on behalf or at the direction of such a legal person, entity or body; or

(b)provide financing or financial assistance related to the goods and services referred to in paragraphs 1 to 4 for their provision, or for the provision of related technical assistance, brokering services or other services, directly or indirectly, to the Republic of Belarus, its Government, its public bodies, corporations or agencies or to any natural or legal person, entity or body acting on behalf or at the direction of such a legal person, entity or body.

6.   Paragraphs 1 to 4 shall not apply to the provision of services that are strictly necessary for the termination by 2 October 2024 of contracts which are not compliant with this Article concluded before 1 July 2024, or of ancillary contracts necessary for the execution of such contracts.

7.   Paragraphs 1 and 2 shall not apply to the provision of services that are strictly necessary for the exercise of the right of defence in judicial proceedings and the right to an effective legal remedy.

8.   Paragraphs 1 and 2 shall not apply to the provision of services which are strictly necessary to ensure access to judicial, administrative or arbitral proceedings in a Member State, or for the recognition or enforcement of a judgment or an arbitration award rendered in a Member State, provided that such provision of services is consistent with the objectives of this Regulation.

9.   Paragraphs 1 to 4 shall not apply until 2 January 2025 to the provision of services intended for the exclusive use of legal persons, entities or bodies established in Belarus that are owned by, or solely or jointly controlled by, a legal person, entity or body which is incorporated or constituted under the law of a Member State, a country member of the European Economic Area, Switzerland or a partner country, as listed in Annex Vb.

10.   Paragraphs 2, 3 and 4 shall not apply to the provision of services necessary for public health emergencies, the urgent prevention or mitigation of an event likely to have a serious and significant impact on human health and safety or the environment, or as a response to natural disasters.

11.   By way of derogation from paragraphs 1 and 2, the competent authorities may authorise the provision of the services referred to therein, under such conditions as they deem appropriate, after having determined that those services are strictly necessary for the setting-up, certification or evaluation of a firewall which:

(a)removes the control by a natural or legal person, entity or body listed in Annex I over the assets of a non-listed legal person, entity or body incorporated or constituted under the law of a Member State which is owned or controlled by the former; and

(b)ensures that no further funds or economic resources accrue to the benefit of the listed natural or legal person, entity or body.

12.   By way of derogation from paragraph 4, the competent authorities may authorise the provision of services referred to therein, under such conditions as they deem appropriate, after having determined that those services are necessary for the contribution of Belarusian nationals to international open-source projects.

13.   By way of derogation from paragraphs 1 to 5, the competent authorities may authorise the services referred to therein, under such conditions as they deem appropriate, after having determined that this is necessary for:

(a)humanitarian purposes such as delivering or facilitating the delivery of assistance, including medical supplies, food, or the transfer of humanitarian workers and related assistance, or for evacuations;

(b)civil society activities that directly promote democracy, human rights or the rule of law in Belarus;

(c)the functioning of diplomatic and consular representations of the Union and of the Member States or partner countries in Belarus, including delegations, embassies and missions, or international organisations in Belarus enjoying immunities in accordance with international law;

(d)ensuring critical energy supply within the Union and the purchase, import or transport into the Union of titanium, aluminium, copper, nickel, palladium and iron ore;

(e)ensuring the continuous operation of infrastructures, hardware and software which are critical for human health and safety, or the safety of the environment;

(f)the establishment, operation, maintenance, fuel supply and retreatment and safety of civil nuclear capabilities, and the continuation of design, construction and commissioning required for the completion of civil nuclear facilities, the supply of precursor material for the production of medical radioisotopes and similar medical applications, or critical technology for environmental radiation monitoring, as well as for civil nuclear cooperation, in particular in the field of research and development;

(g)the provision of electronic communication services by Union telecommunication operators necessary for the operation, maintenance and security, including cybersecurity, of electronic communication services, in Belarus, in Ukraine, in the Union, between Belarus and the Union, and between Ukraine and the Union, and for data centre services in the Union; or

(h)the exclusive use of legal persons, entities or bodies established in Belarus that are owned by, or solely or jointly controlled by, a legal person, entity or body which is incorporated or constituted under the law of a Member State, a country member of the European Economic Area, Switzerland or a partner country, as listed in Annex Vb.

14.   By way of derogation from paragraph 2, the competent authorities may authorise the provision of legal advisory services referred to therein, under such conditions as they deem appropriate, after having determined that this is necessary for the continuation of existing initiatives providing support to victims of natural, nuclear or chemical disasters and in the framework of international adoption procedures.

15.   The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraphs 11 to 14 within 2 weeks of the authorisation.

Article 1k

1.   It shall be prohibited to directly or indirectly make or be part of any arrangement to make new loans or credit with a maturity exceeding 90 days, after 29 June 2021, to:

(a) the Republic of Belarus, its Government, its public bodies, corporations or agencies;

(b) a major credit institution established in Belarus with over 50 % public ownership, or under public control, as of 1 June 2021, as listed in Annex IX;

(c) a legal person, entity or body established outside the Union whose proprietary rights are directly or indirectly owned for more than 50 % by an entity referred to in point (a) or (b) of this paragraph; or

(d) a natural or legal person, entity or body acting on behalf or at the direction of an entity referred to in point (a), (b) or (c) of this paragraph.

2.   The prohibition shall not apply to loans or credits that have a specific and documented objective to provide financing for non-prohibited imports or exports of goods and non-financial services between the Union and any third State, including the expenditure for goods and services from another third State that is necessary for executing the export or import contracts.

3.   The competent authority of a Member State may also grant, under such terms as it deems appropriate, an authorisation to make or be part of the loans or credits referred to in paragraph 1 if it has determined that:

(i) the activities concerned are for the purpose of providing support for the Belarusian civilian population, such as humanitarian assistance, environmental projects, and nuclear safety or the loan or credit is necessary to comply with legal or regulatory minimum reserve or similar requirements to meet solvency and liquidity criteria for financial entities in Belarus which are majority-owned by financial institutions of the Union; and

(ii) the activities concerned do not entail funds or economic resources being made available, directly or indirectly, to or for the benefit of a person, entity or body referred to in Article 2.

When applying the conditions under points (i) and (ii), the competent authority shall require adequate information as regards the use of the authorisation granted, including information concerning the purpose of, and the counterparts to, the activities concerned.

The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under this Article within two weeks of the authorisation.

Article 1l

1.   It shall be prohibited to provide insurance or re-insurance to:

(i) the Republic of Belarus, its Government, its public bodies, corporations or agencies; or

(ii) any natural or legal person, entity or body acting on behalf or at the direction of a legal person, entity or body referred to in point (i).

2.   The prohibitions in paragraph 1 shall not apply to the provision of compulsory or third party liability insurance to Belarusian persons, entities or bodies where the risk insured is situated in the Union or to the provision of insurance for Belarusian diplomatic or consular missions in the Union.

Article 1m

It shall be prohibited to participate, knowingly and intentionally, in activities the object or effect of which is to circumvent prohibitions in this Regulation, including by participating in such activities without deliberately seeking that object or effect but being aware that the participation may have that object or effect and accepting that possibility.

Article 1n

In addition to the prohibitions set out in Article 1k, the European Investment Bank (EIB) shall:

(a) be prohibited from making any disbursement or payment under or in connection with any existing agreements entered into between the Republic of Belarus or any public authority thereof and the EIB; and

(b) suspend all existing Technical Assistance Service Contracts relating to projects financed under the agreements referred to in point (a), and which are intended for the direct or indirect benefit of the Republic of Belarus or any public authority thereof to be performed in Belarus.

Article 1o

1.   It shall be prohibited:

(a) to import, directly or indirectly, wood products as listed in Annex X into the Union if they:

(i) originate in Belarus; or

(ii) have been exported from Belarus;

(b) to purchase, directly or indirectly, wood products as listed in Annex X which are located in or which originated in Belarus;

(c) to transport wood products as listed in Annex X if they originated in Belarus or are being exported from Belarus to any other country;

(d) to provide, directly or indirectly, technical assistance, brokering services, financing or financial assistance, including financial derivatives, as well as insurance and re-insurance, related to the prohibitions in points (a), (b) and (c).

2.   The prohibitions in paragraph 1 shall be without prejudice to the execution until 4 June 2022 of contracts concluded before 2 March 2022, or ancillary contracts necessary for the execution of such contracts.

Article 1p

1.   It shall be prohibited:

(a) to import, directly or indirectly, cement products as listed in Annex XI into the Union if they:

(i) originate in Belarus; or

(ii) have been exported from Belarus;

(b) to purchase, directly or indirectly, cement products as listed in Annex XI which are located in or which originated in Belarus;

(c) to transport cement products as listed in Annex XI if they originated in Belarus or are being exported from Belarus to any other country;

(d) to provide, directly or indirectly, technical assistance, brokering services, financing or financial assistance, including financial derivatives, as well as insurance and re-insurance, related to the prohibitions in points (a), (b) and (c).

2.   The prohibitions in paragraph 1 shall be without prejudice to the execution until 4 June 2022 of contracts concluded before 2 March 2022, or ancillary contracts necessary for the execution of such contracts.

Article 1q

1.   It shall be prohibited:

(a) to import, directly or indirectly, iron and steel products as listed in Annex XII into the Union if they:

(i) originate in Belarus; or

(ii) have been exported from Belarus;

(b) to purchase, directly or indirectly, iron and steel products as listed in Annex XII which are located in or which originated in Belarus;

(c) to transport iron and steel products as listed in Annex XII if they originated in Belarus or are being exported from Belarus to any other country;

(d) to provide, directly or indirectly, technical assistance, brokering services, financing or financial assistance, including financial derivatives, as well as insurance and re-insurance, related to the prohibitions in points (a), (b) and (c).

2.   The prohibitions in paragraph 1 shall be without prejudice to the execution until 4 June 2022 of contracts concluded before 2 March 2022, or ancillary contracts necessary for the execution of such contracts.

Article 1r

1.   It shall be prohibited:

(a) to import, directly or indirectly, rubber products as listed in Annex XIII into the Union if they:

(i) originate in Belarus; or

(ii) have been exported from Belarus;

(b) to purchase, directly or indirectly, rubber products as listed in Annex XIII which are located in or which originated in Belarus;

(c) to transport rubber products as listed in Annex XIII if they originated in Belarus or are being exported from Belarus to any other country;

(d) to provide, directly or indirectly, technical assistance, brokering services, financing or financial assistance, including financial derivatives, as well as insurance and re-insurance, related to the prohibitions in points (a), (b) and (c).

2.   The prohibitions in paragraph 1 shall be without prejudice to the execution until 4 June 2022 of contracts concluded before 2 March 2022, or ancillary contracts necessary for the execution of such contracts.

Article 1ra

1.   It shall be prohibited to purchase, import, or transfer into the Union, directly or indirectly, goods which allow Belarus to diversify its sources of revenue, thereby enabling its involvement in the Russian aggression against Ukraine, as listed in Annex XXVII, if they originate in Belarus or are exported from Belarus.

2.   It shall be prohibited to:

(a)provide technical assistance, brokering services or other services related to the goods and technology referred to in paragraph 1 and to the provision, manufacture, maintenance and use of those goods and technology, directly or indirectly in relation to the prohibition in paragraph 1;

(b)provide financing or financial assistance related to the goods and technology referred to in paragraph 1 for any purchase, import or transfer of those goods and technology, or for the provision of related technical assistance, brokering services or other services, directly or indirectly in relation to the prohibition in paragraph 1.

3.   The prohibition in paragraph 1 shall not apply to purchases in Belarus which are necessary for the functioning of diplomatic and consular representations of the Union and of the Member States, including delegations, embassies and missions, or for the personal use of nationals of Member States and their immediate family members.

4.   The competent authorities of a Member State may allow the import of goods which are intended for the strict personal use of natural persons travelling to the Union or of their immediate family members, limited to personal effects owned by those individuals and which are manifestly not intended for sale.

5.   The competent authorities may authorise, under such conditions as they deem appropriate, the entry into the Union of a vehicle falling under CN code 8703 not intended for sale and owned by:

(a)a citizen of a Member State or an immediate family member who is resident in Belarus and is driving the vehicle into the Union for strict personal use; or

(b)a citizen of Belarus holding a valid visa or residence permit allowing entry into the Union, who is driving the vehicle into the Union for strict personal use.

6.   The prohibition in paragraph 1 shall not apply to the entry into the Union of motor vehicles falling under CN code 8703 provided that they have a diplomatic vehicle registration plate and are necessary for the functioning of diplomatic and consular representations, including delegations, embassies and missions, or of international organisations enjoying immunities in accordance with international law, or for the personal use of their staff and their immediate family members.

7.   The prohibition in paragraph 1 shall not prevent vehicles already in the territory of the Union on 1 July 2024 from being registered in a Member State.

8.   The prohibition in paragraph 1 shall not apply to the entry into the Union of a vehicle falling under CN code 8703 intended exclusively for humanitarian purposes, including for the evacuation or repatriation of persons, or transporting passengers who hold a certificate issued by a Member State attesting to the fact that they are travelling to that Member State in the framework of initiatives providing support to victims of natural, nuclear or chemical disasters.

9.   With regard to the goods listed in Annex XXVII, the prohibitions in paragraphs 1 and 2 shall not apply to the execution until 2 October 2024 of contracts concluded before 1 July 2024, or of ancillary contracts necessary for the execution of such contracts.

10.   By way of derogation from paragraphs 1 and 2, the competent authorities may authorise the purchase, import or transfer of the goods listed in Annex XXVII, or the provision of related technical and financial assistance, under such conditions as they deem appropriate, after having determined that this is necessary for the establishment, operation, maintenance, fuel supply and retreatment and safety of civil nuclear capabilities, and the continuation of design, construction and commissioning required for the completion of civil nuclear facilities, the supply of precursor material for the production of medical radioisotopes and similar medical applications, or critical technology for environmental radiation monitoring, as well as for civil nuclear cooperation, in particular in the field of research and development.

11.   By way of derogation from paragraphs 1 and 2, the competent authorities may authorise, under such conditions as they deem appropriate, the import or transfer of goods that were physically located in Belarus before the relevant prohibition entered into force in respect of those goods, falling under CN codes 8471, 8523, 8536 and 9027, as listed in Annex XXVII, or the provision of related technical and financial assistance, after having determined that those goods are components of medical devices and are brought into the Union for the purpose of maintenance, repair or returning of defective components.

12.   The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraphs 10 and 11 within 2 weeks of the authorisation.

Article 1rb

1.   It shall be prohibited to purchase, import, or transfer, directly or indirectly, gold, as listed in Annex XXI if it originates in Belarus and has been exported from Belarus into the Union or to any third country after 1 July 2024.

2.   It shall be prohibited to purchase, import, or transfer, directly or indirectly the products listed in Annex XXI when processed in a third country incorporating the products prohibited in paragraph 1.

3.   It shall be prohibited to purchase, import, or transfer, directly or indirectly, gold, as listed in Annex XXII, if it originates in Belarus and it has been exported from Belarus into the Union after 1 July 2024.

4.   It shall be prohibited to:

(a)provide technical assistance, brokering services or other services related to the goods referred to in paragraphs 1, 2 and 3 and to the provision, manufacture, maintenance and use of those goods, directly or indirectly in relation to the prohibitions in those paragraphs; or

(b)provide financing or financial assistance related to the goods referred to in paragraphs 1, 2 and 3 for any purchase, import or transfer of those goods, or for the provision of related technical assistance, brokering services or other services, directly or indirectly in relation to the prohibitions in those paragraphs.

5.   The prohibitions in paragraphs 1, 2 and 3 shall not apply to gold which is necessary for the official purposes of diplomatic missions, consular posts or international organisations in Belarus enjoying immunities in accordance with international law.

6.   The prohibition in paragraph 3 shall not apply to goods as listed in Annex XXII for the personal use of natural persons travelling to the Union or members of their immediate families travelling with them, owned by those individuals and not intended for sale.

7.   By way of derogation from paragraphs 1, 2 and 3, the competent authorities may authorise the transfer or import of cultural goods which are on loan in the context of formal cultural cooperation with Belarus.

Article 1rc

1.   It shall be prohibited, as of 1 July 2024, to purchase, import, or transfer, directly or indirectly, diamonds and products incorporating diamonds, as listed in Parts A, B and C of Annex XXIX, if they originate in Belarus or have been exported from Belarus into the Union or to any third country.

2.   It shall be prohibited, as of 1 July 2024, to purchase, import, or transfer, directly or indirectly, diamonds and products incorporating diamonds, as listed in Parts A, B and C of Annex XXIX, of any origin, if they transited via the territory of Belarus.

3.   It shall be prohibited to:

(a)provide technical assistance, brokering services or other services related to the goods referred to in paragraphs 1 and 2, and to the provision, manufacture, maintenance and use of those goods, directly or indirectly in relation to the prohibitions in those paragraphs;

(b)provide financing or financial assistance related to the goods referred to in paragraphs 1 and 2 for any purchase, import or transfer of those goods, or for the provision of related technical assistance, brokering services or other services, directly or indirectly in relation to the prohibitions in those paragraphs.

4.   The prohibitions in paragraphs 1 and 2 shall not apply to goods listed in Part C of Annex XXIX for the personal use of natural persons travelling to the Union or of their immediate family members travelling with them, owned by those individuals and not intended for sale.

5.   By way of derogation from paragraphs 1 and 2, the competent authorities may authorise the transfer or import of cultural goods which are on loan in the context of formal cultural cooperation with Belarus.

Article 1s

1.   It shall be prohibited:

(a) to sell, supply, transfer or export, directly or indirectly, machinery as listed in Annex XIV, whether or not originating in the Union, to any person, entity or body in Belarus or for use in Belarus;

(b) to provide, directly or indirectly, technical assistance, brokering services, financing or financial assistance, including financial derivatives, as well as insurance and re-insurance, related to the prohibitions in point (a).

1a.   The transit via the territory of Belarus of machinery as listed in Annex XIVa, exported from the Union, shall be prohibited.

2.   The prohibitions in paragraph 1 shall not apply to the sale, supply, transfer or export of the machinery referred to in paragraph 1 or to the related provision of technical and financial assistance, for non-military use and for a non-military end-user, intended for:

(a) humanitarian purposes, health emergencies, the urgent prevention or mitigation of an event likely to have a serious and significant impact on human health and safety or on the environment, or as a response to natural disasters;

(b) medical or pharmaceutical purposes;

(c) temporary use by news media;

(d) software updates;

(e) use as consumer communication devices;

(f) ensuring cyber-security and information security for natural or legal persons, entities or bodies in Belarus except for its government and undertakings directly or indirectly controlled by that government; or

(g) personal use of natural persons travelling to Belarus, and limited to personal effects, household effects, vehicles or tools of trade owned by those individuals and not intended for sale.

With the exception of points (f) and (g), the exporter shall declare in its customs declaration that the items are being exported under the relevant exception set out in this paragraph and shall notify the competent authority of the Member State where the exporter is resident or established of the first use of the relevant exception within 30 days from that first export.

3.   The prohibitions in paragraph 1 shall be without prejudice to the execution until 4 June 2022 of contracts concluded before 2 March 2022, or ancillary contracts necessary for the execution of such contracts.

4.   By way of derogation from paragraph 1, the competent authorities may authorise, under such conditions as they deem appropriate, the sale, supply, transfer or export of the machinery listed in Annex XIV or the provision of related technical assistance, brokering services, financing or financial assistance, including financial derivatives, as well as insurance and re-insurance, after having determined that it is intended for the diplomatic representations of the Union, Member States, and partner countries, including delegations, embassies and missions, and of international organisations enjoying immunities in accordance with international law.

5.   The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 4 within 2 weeks of the authorisation.

Article 1sa

1.   It shall be prohibited to sell, supply, transfer or export, directly or indirectly, goods and technology suited for use in aviation or the space industry, as listed in Annex XVII, whether or not originating in the Union, to any natural or legal person, entity or body in Belarus or for use in Belarus.

1a.   The transit via the territory of Belarus of goods and technology suited for use in aviation or the space industry, as listed in Annex XVII, exported from the Union, shall be prohibited.

2.   It shall be prohibited to provide insurance and reinsurance, directly or indirectly, in relation to goods and technology listed in Annex XVII to any person, entity or body in Belarus or for use in Belarus.

3.   It shall be prohibited to provide any one or any combination of the following activities: overhaul, repair, inspection, replacement, modification or defect rectification of an aircraft or component, with the exception of pre-flight inspection, in relation to the goods and technology listed in Annex XVII, directly or indirectly, to any natural or legal person, entity or body in Belarus or for use in Belarus.

4.   It shall be prohibited to:

(a)provide technical assistance, brokering services or other services related to the goods and technology referred to in paragraph 1 and to the provision, manufacture, maintenance and use of those goods and technology, directly or indirectly to any natural or legal person, entity or body in Belarus or for use in Belarus;

(b)provide financing or financial assistance related to the goods and technology referred to in paragraph 1 for any sale, supply, transfer or export of those goods and technology, or for the provision of related technical assistance, brokering services or other services, directly or indirectly to any natural or legal person, entity or body in Belarus or for use in Belarus; or

(c)sell, license or transfer in any other way intellectual property rights or trade secrets as well as to grant rights to access or re-use any material or information protected by means of intellectual property rights or constituting trade secrets related to the goods and technology referred to in paragraph 1 and to the provision, manufacture, maintenance and use of those goods and technology, directly or indirectly to any natural or legal person, entity or body in Belarus or for use in Belarus.

5.   The prohibitions in paragraphs 1 and 4 shall not apply to the execution until 4 September 2023 of contracts concluded before 5 August 2023, or of ancillary contracts necessary for the execution of such contracts.

6.   By way of derogation from paragraphs 1 and 4, the national competent authorities may authorise, under such conditions as they deem appropriate, the execution of an aircraft financial lease concluded before 5 August 2023 after having determined that:

(a) it is strictly necessary to ensure lease re-payments to a legal person, entity or body incorporated or constituted under the law of a Member State which does not fall under any of the restrictive measures provided for in this Regulation; and

(b) no economic resources will be made available to the Belarusian counterpart, with the exception of the transfer of ownership of the aircraft after full reimbursement of the financial lease.

6a.   By way of derogation from paragraphs 1 and 4, the competent authorities may authorise, under such conditions as they deem appropriate, the sale, supply, transfer or export of the goods listed in Annex XVII, or related technical assistance, brokering services, financing or financial assistance, after having determined that it is necessary for the production of titanium goods required in the aeronautic industry for which no alternative supply is available.

6b.   By way of derogation from paragraph 4, the competent authorities may authorise, under such conditions as they deem appropriate, the provision of technical assistance, related to the use of the goods and technology referred to in paragraph 1, after having determined that the provision of such technical assistance is necessary for avoiding collision between satellites, or their unintended re-entry into the atmosphere.

7.   By way of derogation from paragraphs 1 and 4, the competent authorities may authorise, under such conditions as they deem appropriate, the sale, supply, transfer or export of the goods falling under CN codes 8517 71 00, 8517 79 00 and 9026 00 00 listed in Annex XVII, or related technical assistance, brokering services, financing or financial assistance, after having determined that it is necessary for medical or pharmaceutical purposes, or for humanitarian purposes, such as delivering or facilitating the delivery of assistance, including medical supplies, food, or the transfer of humanitarian workers and related assistance or for evacuations.

When deciding on requests for authorisations for medical, pharmaceutical or humanitarian purposes in accordance with this paragraph, the national competent authorities shall not grant an authorisation for exports to any natural or legal person, entity or body in Belarus or for use in Belarus, if they have reasonable grounds to believe that the goods might have a military end-use.

7a.   By way of derogation from paragraph 1a, the competent authorities may authorise the transit via the territory of Belarus of goods and technology suited for use in aviation or the space industry, as listed in Annex XVII, after having determined that such goods or technology are intended for the purposes set out in paragraphs 6a, 6b and 7.

7b.   By way of derogation from paragraph 1, the competent authorities may authorise the sale, supply, transfer or export of the goods listed in Annex XVII, if the goods are intended for the exclusive use and under the full control of the authorising Member State and in order to fulfil its maintenance obligations in areas which are under a long-term lease agreement between that Member State and Belarus.

8.   The Member State concerned shall inform the other Member States and the Commission of any authorisations granted under this Article within two weeks of the authorisation.

9.   The prohibition in paragraph 1 shall be without prejudice to Articles 1e(4), point (b), and 1f(4), point (b).

10.   The prohibition in paragraph 4, point (a), shall not apply to the exchange of information aimed at establishing technical standards in the framework of the International Civil Aviation Organization in relation to goods and technology referred to in paragraph 1.

Article 1t

1.   It shall be prohibited to provide public financing or financial assistance for trade with, or investment in, Belarus.

2.   The prohibition in paragraph 1 shall not apply to:

(a) binding financing or financial assistance commitments established prior to 10 March 2022;

(b) the provision of public financing or financial assistance up to the total value of EUR 10 000 000 per project benefiting small and medium-sized enterprises established in the Union; or

(c) the provision of public financing or financial assistance for trade in food, and for agricultural, medical or humanitarian purposes.

Article 1u

1.   It shall be prohibited to accept any deposits from Belarusian nationals or natural persons residing in Belarus, or legal persons, entities or bodies established in Belarus, if the total value of deposits of the natural or legal person, entity or body per credit institution exceeds EUR 100 000 .

2.   Paragraph 1 shall not apply to nationals of a Member State, of a country member of the European Economic Area or of Switzerland, or to natural persons having a temporary or permanent residence permit in a Member State, in a country member of the European Economic Area or in Switzerland.

3.   Paragraph 1 shall not apply to deposits which are necessary for non-prohibited cross-border trade in goods and services between the Union and Belarus.

Article 1v

1.   By way of derogation from Article 1u(1), the competent authorities may authorise the acceptance of such a deposit, under such conditions as they deem appropriate, after having determined that the acceptance of such a deposit is:

(a) necessary to satisfy the basic needs of natural or legal persons, entities or bodies referred to in Article 1u(1) and their dependent family members, including payments for food, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges;

(b) intended exclusively for the payment of reasonable professional fees or the reimbursement of incurred expenses associated with the provision of legal services;

(c) necessary for extraordinary expenses, provided that the relevant competent authority has notified the competent authorities of the other Member States and the Commission of the grounds on which it considers that a specific authorisation should be granted, at least two weeks prior to the authorisation; or

(d) necessary for official purposes of a diplomatic mission or consular post or international organisation.

2.   The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under points (a), (b) and (d) of paragraph 1 within two weeks of the authorisation.

Article 1w

1.   By way of derogation from Article 1u(1), the competent authorities may authorise the acceptance of such a deposit, under such conditions as they deem appropriate, after having determined that the acceptance of such a deposit is:

(a) necessary for humanitarian purposes, such as delivering or facilitating the delivery of assistance, including medical supplies, food, or the transfer of humanitarian workers and related assistance or for evacuations; or

(b) necessary for civil society activities that directly promote democracy, human rights or the rule of law in Belarus.

2.   The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 1 within two weeks of the authorisation.

Article 1x

1.   It shall be prohibited for Union central securities depositories to provide any services as defined in the Annex to Regulation (EU) No 909/2014 for transferable securities issued after 12 April 2022 to any Belarusian national or natural person residing in Belarus or any legal person, entity or body established in Belarus.

2.   Paragraph 1 shall not apply to nationals of a Member State or natural persons having a temporary or permanent residence permit in a Member State.

Article 1y

1.   It shall be prohibited to sell transferable securities denominated in any official currency of a Member State issued after 12 April 2022 or units in collective investment undertakings providing exposure to such securities, to any Belarusian national or natural person residing in Belarus or any legal person, entity or body established in Belarus.

2.   Paragraph 1 shall not apply to nationals of a Member State or natural persons having a temporary or permanent residence permit in a Member State.

Article 1z

Without prejudice to the applicable rules concerning reporting, confidentiality and professional secrecy, credit institutions shall:

(a) supply to the national competent authority of the Member State where they are located or to the Commission by no later than 27 May 2022, a list of deposits exceeding EUR 100 000 held by Belarusian nationals or natural persons residing in Belarus, or by legal persons, entities or bodies established in Belarus. They shall provide updates regarding the amounts of such deposits every 12 months.

(b) supply to the national competent authority of the Member State where they are located information on deposits exceeding EUR 100 000 held by Belarusian nationals or natural persons residing in Belarus who have acquired the citizenship of a Member State or residence rights in a Member State through an investor citizenship scheme or an investor residence scheme.

Article 1za

1.   It shall be prohibited to sell, supply, transfer or export banknotes denominated in any official currency of a Member State to Belarus or to any natural or legal person, entity or body in Belarus, including the government and the Central Bank of Belarus, or for use in Belarus.

2.   The prohibition in paragraph 1 shall not apply to the sale, supply, transfer or export of banknotes denominated in any official currency of a Member State provided that such sale, supply, transfer or export is necessary for:

(a) the personal use of natural persons travelling to Belarus or members of their immediate families travelling with them; or

(b) the official purposes of diplomatic missions, consular posts or international organisations in Belarus enjoying immunities in accordance with international law.

Article 1zb

1.   It shall be prohibited to provide specialised financial messaging services, which are used to exchange financial data, to the legal persons, entities or bodies listed in Annex XV or to any legal person, entity or body established in Belarus whose proprietary rights are directly or indirectly owned for more than 50 % by an entity listed in Annex XV.

2.   For each legal person, entity or body referred to in Annex XV, the prohibition set out in paragraph 1 shall apply as of the date mentioned for it in that Annex. The prohibition shall apply as of that same date to any legal person, entity or body established in Belarus whose proprietary rights are directly or indirectly owned for more than 50 % by an entity listed in Annex XV.

Article 1zc

1.   It shall be prohibited for any road transport undertaking established in Belarus to transport goods by road within the territory of the Union, including in transit.

1a.   The prohibition in paragraph 1 shall apply to the transport of goods within the territory of the Union by road transport undertakings, carried out by means of trailers or semi-trailers registered in Belarus, including if those trailers or semi-trailers are hauled by trucks registered in other countries.

1b.   It shall be prohibited for any legal person, entity or body established in the Union which is owned for 25 % or more by a Belarusian natural or legal person, entity or body to be admitted to become a road transport undertaking which transports goods by road within the territory of the Union, including in transit.

1c.   It shall be prohibited, as of 2 August 2024 for any road transport undertaking established in the Union after 8 April 2022, which is owned for 25 % or more by a Belarusian natural or legal person, entity or body to transport goods by road within the territory of the Union, including in transit.

1d.   Road transport undertakings established in the Union shall, upon request of the national competent authority of the Member State where they are established, supply information on their ownership structure to that national competent authority.

2.   The prohibition in paragraph 1 shall not apply to road transport undertakings transporting mail as a universal service.

2a.   Paragraphs 1b and 1c shall not apply to road transport undertakings established in the Union which are owned for 25 % or more by Belarusian nationals who are also nationals of a Member State or who have a temporary or permanent residence permit in a Member State.

3.   The prohibition in paragraph 1 shall not apply until 16 April 2022 to the transport of goods that started before 9 April 2022, provided that the vehicle of the road transport undertaking:

(a) was already in the territory of the Union on 9 April 2022, or

(b) needs to transit through the Union in order to return to Belarus.

4.    By way of derogation from paragraphs 1 and 1a, the competent authorities of a Member State may authorise the transport of goods by a road transport undertaking established in Belarus or any road transport undertaking when carried out by means of trailers or semi-trailers registered in Belarus, including if those trailers or semi-trailers are hauled by trucks registered in other countries, if the competent authorities have determined that such transport is necessary for:

(a) the purchase, import or transport into the Union of natural gas and oil, including refined petroleum products, as well as titanium, aluminium, copper, nickel, palladium and iron ore;

(b) the purchase, import or transport of pharmaceutical, medical, agricultural and food products, including wheat and fertilisers whose import, purchase and transport is allowed under this Regulation;

(c) humanitarian purposes; or,

d) the functioning of diplomatic and consular representations in Belarus, including delegations, embassies and missions, or international organisations in Belarus enjoying immunities in accordance with international law.

5.   The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 4 within two weeks of the authorisation.

Article 2

1.   All funds and economic resources belonging to, or owned, held or controlled by the natural or legal persons, entities and bodies listed in Annex I shall be frozen.

2.   No funds or economic resources shall be made available, directly or indirectly, to or for the benefit of the natural or legal persons, entities and bodies listed in Annex I.

3.   The participation, knowingly and intentionally, in activities the object or effect of which is, directly or indirectly, to circumvent the measures referred to in paragraphs 1 and 2 shall be prohibited.

4.   Annex I shall consist of a list of the natural or legal persons, entities and bodies who, in accordance with point (a) of Article 4(1) of Council Decision 2012/642/CFSP of 15 October 2012 concerning restrictive measures against Belarus, have been identified by the Council as being responsible for serious violations of human rights or the repression of civil society and democratic opposition, or whose activities otherwise seriously undermine democracy or the rule of law in Belarus, or any natural or legal persons, entities and bodies associated with them, as well as legal persons, entities or bodies owned or controlled by them.

5.   Annex I shall also consist of a list of the natural or legal persons, entities and bodies who, in accordance with point (b) of Article 4(1) of Decision 2012/642/CFSP, have been identified by the Council as benefiting from or supporting the Lukashenka regime, as well as legal persons, entities and bodies owned or controlled by them.

6.   Annex I shall also consist of a list of:

(a) the natural or legal persons, entities or bodies who, in accordance with Article 4(1), point (c), of Decision 2012/642/CFSP, have been identified by the Council as organising or contributing to activities by the Lukashenka regime that facilitate:

(i) the illegal crossing of the external borders of the Union; or

(ii) the transfer of prohibited goods and the illegal transfer of restricted goods, including hazardous goods, into the territory of the Union; and

(b) the legal persons, entities or bodies who, in accordance with Article 4(1), point (d), of Decision 2012/642/CFSP, have been identified by the Council as legal persons, entities or bodies owned or controlled by persons, entities or bodies referred to in point (a).

7.   Annex I shall also consist of a list of natural or legal persons, entities or bodies, who, in accordance with Article 4(1), point (d), of Decision 2012/642/CFSP, have been identified by the Council as facilitating infringements of the prohibition against circumvention of the provisions of this Regulation or of that Decision or as otherwise significantly frustrating those provisions.

8.   Annex I shall also include natural or legal persons, entities or bodies associated with the persons, entities or bodies referred to in paragraphs 5, 6 and 7.

Article 2a

Actions by natural or legal persons, entities or bodies shall not give rise to liability of any kind on their part, if they did not know, and had no reasonable cause to suspect, that their actions would infringe the measures set out in this Regulation.

Article 2b

1.   Annex I shall include the grounds for the listing of listed persons, entities and bodies.

2.   Annex I shall also include, where available, information necessary to identify the natural or legal persons, entities and bodies concerned. With regard to natural persons, such information may include names including aliases, date and place of birth, nationality, passport and ID card numbers, gender, address, if known, and function or profession. With regard to legal persons, entities and bodies, such information may include names, place and date of registration, registration number and place of business.

Article 3

1.   By way of derogation from Article 2, the competent authorities in the Member States, as indicated in the websites listed in Annex II, may authorise the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources, under such conditions as they deem appropriate, after having determined that the funds or economic resources are:

(a) necessary to satisfy the basic needs of persons listed in Annex I and their dependent family members, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges;

(b) intended exclusively for payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services;

(c) intended exclusively for payment of fees or service charges for routine holding or maintenance of frozen funds or economic resources;

(d) intended exclusively for:

(i) humanitarian purposes, including the operation of flights for the evacuation or repatriation of persons, or for initiatives providing support to victims of natural, nuclear or chemical disasters;

(ii) the operation of flights in the framework of international adoption procedures;

(iii) the operation of flights required for attending meetings with the objective of seeking a solution to the crisis in Belarus or promoting the policy objectives of the restrictive measures; or

(iv) an emergency landing, take-off or overflight by an EU air carrier;

(e) necessary to deal with critical and clearly identified air safety matters and after prior consultation of the European Union Aviation Safety Agency.

2.   By way of derogation from Article 2, the competent authorities in the Member States, as indicated in the websites listed in Annex II, may authorise the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources, under such conditions as they deem appropriate, after having determined that the funds or economic resources are necessary for extraordinary expenses, provided that the Member State concerned has notified the other Member States and the Commission of the grounds on which it considers that a specific authorisation should be granted, at least 2 weeks before the authorisation.

3.   Member States shall inform the other Member States and the Commission of any authorisation granted under paragraph 1 or 2.

Article 3a

1.   By way of derogation from Article 2(1), the competent authorities may authorise the release of certain frozen funds or economic resources, if the following conditions are met:

(a) the funds or economic resources are the subject of an arbitral decision rendered prior to the date on which the natural or legal person, entity or body referred to in Article 2 was listed in Annex I, or of a judicial or administrative decision rendered in the Union, or a judicial decision enforceable in the Member State concerned, prior to or after that date;

(b) the funds or economic resources will be used exclusively to satisfy claims secured by such a decision or recognised as valid in such a decision, within the limits set by applicable laws and regulations governing the rights of persons having such claims;

(c) the decision is not for the benefit of a natural or legal person, entity or body listed in Annex I; and

(d) recognition of the decision is not contrary to public policy in the Member State concerned.

2.   The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 1 within two weeks of the authorisation.

Article 4

1.   Article 2(2) shall not apply to the addition to frozen accounts of

(a) interest or other earnings on those accounts; or

(b) payments due under contracts, agreements or obligations that were concluded or arose prior to the date on which those accounts became subject to the provisions of this Regulation,

provided that any such interest, other earnings and payments continue to be subject to Article 2(1).

2.   Article 2(2) shall not prevent financial or credit institutions in the EU from crediting the frozen accounts, if they receive funds transferred by third parties to the account of the listed person, entity or body, provided that any additions to such accounts will also be frozen. The financial or credit institution shall inform the competent authorities about such transactions without delay.

Article 4a

By way of derogation from Article 2(1), where a payment by a natural or legal person, entity or body listed in Annex I is due under a contract or agreement that was concluded by, or an obligation that arose for the natural or legal person, entity or body concerned before the date on which that person, entity or body had been listed, the competent authorities of the Member States, as indicated on the websites listed in Annex II, may authorise, under such conditions as they deem appropriate, the release of certain frozen funds or economic resources, provided that:

(i) the competent authority concerned has determined that the payment is not, directly or indirectly, to or for the benefit of a person, entity or body listed in Annex I ; and

(ii) the Member State concerned has, at least 2 weeks prior to the grant of the authorisation, notified the other Member States and the Commission of that determination and its intention to grant the authorisation.

Article 4b

By way of derogation from Article 2, the competent authorities in the Member States, as indicated in the websites listed in Annex II, may authorise, under such conditions as they deem appropriate, the release of certain frozen funds or economic resources or the making available of certain funds or economic resources, after having determined that the funds or economic resources are necessary for official purposes of diplomatic missions or consular posts or international organisations enjoying immunities in accordance with international law.

Article 4c

By way of derogation from Article 2, the competent authorities of a Member State may authorise the release of certain frozen funds or economic resources belonging to, owned, held or controlled by a natural or legal person, entity or body listed in Annex I, or the provision of services to such a natural or legal person, entity or body, under such conditions as they deem appropriate and after having determined that this is strictly necessary for the setting-up, certification or evaluation of a firewall which:

(a)removes the control by the natural or legal person, entity or body listed in Annex I over the assets of a non-listed legal person, entity or body incorporated or constituted under the law of a Member State and which is owned or controlled by the former; and

(b)ensures that no further funds or economic resources accrue to the benefit of the listed natural or legal person, entity or body.

Article 5

1.   Without prejudice to the applicable rules concerning reporting, confidentiality and professional secrecy, natural and legal persons, entities and bodies shall:

(a) immediately supply the competent authorities indicated in the websites listed in Annex II, in the country where they are resident or located, with any information which would facilitate compliance with this Regulation, such as accounts and amounts frozen in accordance with Article 2, and directly or indirectly supply such information to the Commission; and

(b) cooperate with the competent authorities indicated in the websites listed in Annex II in any verification of this information.

2.   Any information provided or received in accordance with this Article shall be used only for the purposes for which it was provided or received.

Article 6

The freezing of funds and economic resources or the refusal to make funds or economic resources available, carried out in good faith on the basis that such action is in accordance with this Regulation, shall not give rise to liability of any kind on the part of the natural or legal person or entity or body implementing it, or its directors or employees, unless it is proved that the funds and economic resources were frozen as a result of negligence.

Article 7

1.   The Member States and the Commission shall inform each other of the measures taken under this Regulation and share any other relevant information at their disposal in connection with this Regulation, in particular information in respect of:

(a) authorisations granted under this Regulation;

(b) information received under Article 1z;

(c) violation and enforcement problems, penalties applied for infringements of the provisions of this Regulation and judgments handed down by national courts;

2.   The Member States shall immediately inform each other and the Commission of any other relevant information at their disposal which might affect the effective implementation of this Regulation.

3.   Any information provided or received in accordance with this Article shall be used for the purposes for which it was provided or received, including ensuring the effectiveness of the measures set out in this Regulation.

4.   Any document held by the Council, the Commission or the High Representative of the Union for Foreign Affairs and Security Policy (the “High Representative”) for the purpose of ensuring the enforcement of the measures set out in this Regulation, or of preventing the violation or circumvention thereof, shall be subject to professional secrecy and shall enjoy the protection afforded by the rules applicable to the Union institutions. That protection shall apply to the joint proposals from the High Representative and the Commission for the amendment of this Regulation and to any preparatory documents related to them.

It shall be presumed that the disclosure of any documents or proposals referred to in the first subparagraph would harm the security of the Union or that of one or more of its Member States or the conduct of their international relations.

Article 8

The Commission shall be empowered to amend Annexes II and Vc on the basis of information supplied by Member States.

Article 8a

1.   

Where the Council decides to subject a natural or legal person, entity or body to the measures referred to in Article 2(1), it shall amend Annex I accordingly.

2.   The Council shall communicate its decision, including the grounds for the listing, to the natural or legal person, entity or body referred to in paragraph 1, either directly, if the address is known, or through the publication of a notice, providing such natural or legal person, entity or body with an opportunity to present observations.

3.   Where observations are submitted, or where substantial new evidence is presented, the Council shall review its decision and inform the natural or legal person, entity or body accordingly.

4.   The lists in Annex I shall be reviewed in regular intervals and at least every 12 months.

Article 8b

1.   It shall be prohibited for any aircraft operated by Belarusian air carriers, including as a marketing carrier in code-sharing or blocked-space arrangements, to land in, take off from or overfly the territory of the Union.

2.   Paragraph 1 shall not apply in the case of an emergency landing or an emergency overflight.

Article 8c

1.   By way of derogation from Article 8b, the competent authorities in the Member States as listed in Annex II may authorise an aircraft to land in, take off from or overfly the territory of the Union if those competent authorities have determined that such landing, take-off or overflight is required for humanitarian purposes or any other purpose consistent with the objectives of this Regulation.

2.   The Member State or Member States concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 1.

Article 8ca

1.   The Network Manager for air traffic management network functions of the single European sky shall support the Commission and the Member States in ensuring the implementation of, and compliance with, Articles 2(2) and 8b of this Regulation. The Network Manager shall, in particular, reject all flight plans filed by aircraft operators indicating an intent to carry out activities over the territory of the Union or of Belarus that constitute a violation of this Regulation, such that the pilot is not permitted to fly.

2.   The Network Manager shall regularly supply to the Commission and the Member States, based on the analysis of flight plans, reports on the implementation of Article 8b.

Article 8d

1.   No claims in connection with any contract or transaction the performance of which has been affected, directly or indirectly, in whole or in part, by the measures imposed under this Regulation, including claims for indemnity or any other claim of this type, such as a claim for compensation or a claim under a guarantee, notably a claim for extension or payment of a bond, guarantee or indemnity, particularly a financial guarantee or financial indemnity, of whatever form, shall be satisfied, if they are made by:

(a) designated natural or legal persons, entities or bodies listed in Annex I;

(b) entities referred to in Articles 1j, 1k, 1l and 1zb or listed in Annexes V, IX and XV;

(c) any other Belarussian person, entity or body, including the Belarusian government;

(d) any person, entity or body acting through or on behalf of one of the persons, entities or bodies referred to in point (a), (b) or (c) of this paragraph.

2.   In any proceedings for the enforcement of a claim, the onus of proving that satisfying the claim is not prohibited by paragraph 1 shall be on the person seeking the enforcement of that claim.

3.   This Article is without prejudice to the right of the persons, entities and bodies referred to in paragraph 1 to judicial review of the legality of the non-performance of contractual obligations in accordance with this Regulation.

Article 8da

1.   By way of derogation from Articles 1bb, 1e, 1f, , 1fd, 1g, 1ga, 1gc, 1s and 1sa the competent authorities may authorise the sale, supply or transfer of goods and technologies listed in Annexes Va, VI, XIV, XVII, XVIII, XX, XXIV and XXV until 31 December 2024, where such sale, supply or transfer is strictly necessary for the divestment from Belarus or the wind-down of business activities in Belarus, provided that the following conditions are fulfilled:

(a)the goods and technologies are owned by a national of a Member State or by a legal person, entity or body which is incorporated or constituted under the law of a Member State or by legal persons, entities or bodies established in Belarus that are owned by, or solely or jointly controlled by, a legal person, entity or body which is incorporated or constituted under the law of a Member State; and

(b)the competent authorities deciding on requests for authorisations have no reasonable grounds to believe that the goods and technologies might be for a military end-user or have a military end-use in Belarus; and

(c)the goods and technologies concerned were physically located in Belarus before the relevant prohibitions in Articles 1bb, 1e, 1f, 1fd, 1g, 1ga, 1gc, 1s and 1sa entered into force in respect of those goods and technologies.

2.   By way of derogation from Article 1h, as far as mineral products are concerned, and from Articles 1o, 1p, 1q, 1r, 1ra and 1rb, the competent authorities may authorise the import or transfer of goods listed in Annexes VII, X, XI, XII, XIII, XXI, XXII and XXVII until 31 December 2024, where such import or transfer is strictly necessary for the divestment from Belarus or the wind-down of business activities in Belarus, provided that the following conditions are fulfilled:

(a)the goods are owned by a national of a Member State or by a legal person, entity or body which is incorporated or constituted under the law of a Member State or by legal persons, entities or bodies established in Belarus that are owned by, or solely or jointly controlled by, a legal person, entity or body which is incorporated or constituted under the law of a Member State; and

(b)the goods concerned were physically located in Belarus before the relevant prohibitions in Article 1h, as far as mineral products are concerned, or in Articles 1o, 1p, 1q, 1r, 1ra and 1rb, entered into force in respect of those goods.

3.   By way of derogation from Article 1jc, the competent authorities may authorise the continuation of the provision of services listed therein until 31 December 2024 where such provision of services is strictly necessary for the divestment from Belarus or the wind-down of business activities in Belarus, provided that the following conditions are fulfilled:

(a)such services are provided to and for the exclusive benefit of the legal persons, entities or bodies resulting from the divestment; and

(b)the competent authorities deciding on requests for authorisations have no reasonable grounds to believe that the services might be provided, directly or indirectly, to the Government of Belarus or a military end-user or have a military end-use in Belarus;

4.   The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraphs 1, 2 and 3 within 2 weeks of the authorisation.

5.   All authorisations referred to in paragraph 1 with respect to goods and technologies listed in Annex Va to this Regulation and in Annex I to Regulation (EU) 2021/821 shall be issued by electronic means, whenever possible, on forms containing at least all the elements of, and in the order provided for in, the model C set out in Annex Vc to this Regulation.

Article 8e

1.   The Council, the Commission and the High Representative of the Union for Foreign Affairs and Security Policy (the ‘High Representative’) shall process personal data that are necessary to carry out their tasks under this Regulation. Those tasks include:

(a) as regards the Council, preparing and making amendments to Annex I;

(b) as regards the High Representative, preparing amendments to Annex I;

(c) as regards the Commission:

(i) adding the contents of Annex I to the electronic, consolidated list of persons, groups and entities subject to Union financial sanctions and to the interactive sanctions map, both publicly available;

(ii) processing information on the impact of the measures provided for in this Regulation such as the value of frozen funds, information on deposits and information on authorisations granted by the competent authorities.

2.   The Council, the Commission and the High Representative may process, where applicable, relevant data relating to criminal offences committed by listed natural persons, to criminal convictions of such persons or to security measures concerning such persons, only to the extent that such processing is necessary for the preparation of Annex I.

3.   For the purposes of this Regulation, the Council, the Commission and the High Representative are designated as ‘controller’ within the meaning of point (8) of Article 3 of Regulation (EU) 2018/1725 of the European Parliament and of the Council, in order to ensure that the natural persons concerned can exercise their rights under Regulation (EU) 2018/1725.

4.   The competent authorities of the Member States, including enforcement authorities, customs authorities within the meaning of Regulation (EU) No 952/2013 of the European Parliament and of the Council (*3), competent authorities within the meaning of Regulation (EU) No 575/2013 of the European Parliament and of the Council (*4), Directive (EU) 2015/849 of the European Parliament and of the Council (*5) and Directive 2014/65/EU, as well as administrators of official registers wherein natural persons, legal persons, entities and bodies as well as immovable or movable property are registered, shall process and exchange without delay information, including personal data and, if necessary, the information referred to in Article 8j, with other competent authorities of their Member State, of other Member States and the Commission, if such processing and exchange is necessary to carry out the tasks of the processing authority or the receiving authority under this Regulation, in particular when they detect instances of a breach or circumvention, or attempts at a breach or circumvention of the prohibitions set out in this Regulation. This provision is without prejudice to rules regarding the confidentiality of information held by judicial authorities.

Article 8f

1.   For the purposes of the prohibitions on importing goods provided for in this Regulation, goods physically in the Union may be released as provided for in Article 5, point (26), of the Union Customs Code, by the customs authorities provided that they have been presented to customs in accordance with Article 134 of the Union Customs Code before the entry into force or applicability date of the respective import prohibitions, whichever is latest.

2.   All procedural steps necessary for the release referred to in paragraphs 1 and 5 of the relevant goods pursuant to the Union Customs Code shall be allowed.

3.   The customs authorities shall not allow the release of the goods if they have reasonable grounds to suspect circumvention and shall not authorise the re-export of the goods to Belarus.

4.   Payments in relation to such goods shall be consistent with the provisions and objectives of this Regulation, in particular the prohibition on purchasing.

5.   Goods physically in the Union and presented to customs prior to 1 July 2024 which were stopped in application of this Regulation may be released by the customs authorities under the conditions provided for in paragraphs 1 to 4.

Article 8g

1.   When selling, supplying, transferring or exporting to a third country, with the exception of countries listed in Annex Vba to this Regulation, goods or technology as listed in Annexes XVI, XVII and XXVIII to this Regulation, common high priority items as listed in Annex XXX to this Regulation, or firearms and ammunition as listed in Annex I to Regulation (EU) No 258/2012, exporters shall contractually prohibit re-exportation to Belarus and re-exportation for use in Belarus.

2.   Paragraph 1 shall not apply to:

(a)the execution of contracts relating to goods falling under CN codes 8457 10, 8458 11, 8458 91, 8459 61, 8466 93, as listed in Annex XXX;

(b)the execution of contracts concluded before 1 July 2024 until their expiry date.

3.   Paragraph 1 shall not apply to public contracts concluded with a public authority in a third country or with an international organisation.

4.   Exporters shall inform the competent authority of the Member State where they are resident or established of any public contract they concluded that benefited from the exemption under paragraph 3, within 2 weeks of its conclusion. The Member State concerned shall inform the other Member States and the Commission of any information received under this paragraph within 2 weeks of its receipt.

5.   In application of paragraph 1, exporters shall ensure that the agreement with the third-country counterpart contains adequate remedies in the event of a breach of a contractual obligation concluded in accordance with paragraph 1.

6.   If the third-country counterpart breaches any of the contractual obligations concluded in accordance with paragraph 1, exporters shall inform the competent authority of the Member State where they are resident or established as soon as they become aware of the breach.

7.   Member States shall inform each other and the Commission of detected instances of a breach or circumvention of a contractual obligation concluded in accordance with paragraph 1.

Article 8ga

1.   Natural and legal persons, entities and bodies that sell, supply, transfer or export common high priority items as listed in Annex XXX to this Regulation shall, as of 2 January 2025,

(a)take appropriate steps, proportionately to their nature and size, to identify and assess the risks of exportation to Belarus and exportation for use in Belarus for such goods or technology, and ensure that those risk assessments are documented and kept up-to-date;

(b)implement appropriate policies, controls and procedures, proportionately to their nature and size, to mitigate and manage effectively the risks of exportation to Belarus and exportation for use in Belarus for such goods or technology, whether those risks were identified at their level or at the level of the Member State or of the Union.

2.   Paragraph 1 shall not apply to natural and legal persons, entities and bodies that sell, supply or transfer common high priority items as listed in Annex XXX only within the Union or to countries listed in Annex Vba to this Regulation.

3.   Natural and legal persons, entities and bodies shall, as of 2 January 2025, ensure that any legal person, entity or body established outside the Union that they own or control and that sells, supplies, transfers or exports common high priority items as listed in Annex XXX implements the requirements in points (a) and (b) of paragraph 1.

4.   Paragraph 3 shall not apply where, due to reasons that it did not cause itself, a natural or legal person, entity or body is not able to exercise control over the legal person, entity or body that it owns.

Article 8h

Any person referred to in the third and fourth indent of Article 10 shall be entitled to recover, in judicial proceedings before the competent courts of the Member State, any damages, including legal costs, incurred by that person as a consequence of claims lodged with courts in third countries by persons, entities and bodies referred to in point (a), (b), (c) or (d) of Article 8d(1), in connection with any contract or transaction the performance of which has been affected, directly or indirectly, in whole or in part, by the measures imposed under this Regulation, provided that the person concerned does not have effective access to the remedies under the relevant jurisdiction.

Article 8i

Natural and legal persons, entities and bodies shall undertake their best efforts to ensure that any legal person, entity or body established outside the Union that they own or control does not participate in activities that undermine the restrictive measures provided for in this Regulation.

Article 8j

1.   Consistent with respect for the confidentiality of communications between lawyers and their clients guaranteed in Article 7 of the Charter of Fundamental Rights of the European Union and, where applicable, without prejudice to rules regarding the confidentiality of information held by judicial authorities, natural and legal persons, entities and bodies shall:

(a)supply any information which would facilitate the implementation of this Regulation to the competent authority of the Member State where they are resident or located within two weeks of acquiring this information; and

(b)cooperate with the competent authority in any verification of such information.

2.   For the purposes of paragraph 1, the confidentiality of communications between lawyers and their clients shall include the confidentiality of communications relating to legal advice provided by other certified professionals who are authorised under national law to represent their clients in judicial proceedings, insofar as such legal advice is provided in connection with pending or prospective judicial proceedings.

3.   The Member State concerned shall transmit to the Commission any relevant information received pursuant to paragraph 1 within one month of receiving it. The Member State concerned may transmit such information in an anonymised form if an investigating or judicial authority has declared it to be confidential in the context of pending criminal investigations or criminal judicial proceedings.

4.   Any additional information received directly by the Commission shall be made available to the Member States.

5.   Any information provided or received in accordance with this Article shall be used only for the purposes for which it was provided or received.

Article 9

1.   Member States shall lay down the rules on penalties, including as appropriate criminal penalties, applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive, and may take the voluntary self-disclosure of infringements of the provisions of this Regulation into account as a mitigating factor, in accordance with the respective national law. Member States shall also provide for appropriate measures of confiscation of the proceeds of such infringements.

2.   Member States shall notify these rules to the Commission without delay after entry into force of the Regulation and shall notify it of any subsequent amendment.

Article 9a

1.   Member States shall designate the competent authorities referred to in Articles 3, 4(2) and 5 and identify them in the websites listed in Annex II.

2.   Member States shall notify the Commission of their competent authorities and the contact details thereof by 31 July 2008 and shall notify it of any subsequent amendment without delay.

Article 9b

Where there is, in this Regulation, a requirement to notify, inform or otherwise communicate with the Commission, the address and other contact details to be used for such communication shall be those indicated in Annex II.

Article 10

This Regulation shall apply:

— within the territory of the Community, including its airspace,

— on board any aircraft or any vessel under the jurisdiction of a Member State,

— to any natural person inside or outside the territory of the Community who is a national of a Member State,

— to any legal person, entity or body which is incorporated or constituted under the law of a Member State,

— to any legal person, entity or body in respect of any business done in whole or in part within the Community.

Article 11

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Annex I - List of natural and legal persons, entities and bodies referred to in Article 2(1)

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Annex II - Websites for information on the competent authorities referred to in Articles 3, 4(2), and 5, and address for notifications to the European Commission

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Annex III - List of equipment which might be used for internal repression as referred to in Article 1a and Article 1b

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Annex IV - Equipment, technology and software referred to in article 1c and 1d

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Annex V - List of natural or legal persons referred to in article 1e(7), 1f(7) and 1fa(1)

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Annex Va - List of goods and technology referred to in articles 1g(1) and 1fa(1)

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Annex I - List of natural and legal persons, entities and bodies referred to in Article 2(1)

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Annex Vb - List of partner countries referred to in articles 1e(4); 1f(4) and 1fc(4)

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Annex Vc

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Annex VI - List of goods used for the production or manufacturing of tobacco products referred to in article 1g

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Annex VII - List of mineral products referred to in article 1h

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Annex VIII - List of potassium chloride ('potash') products referred to in article 1i

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Annex IX - List of major credit institutions referred to in articles 1j and 1k

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Annex X - List of wood products referred to in article 1o

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Annex XI - List of cement products referred to in article 1p

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Annex XII - List of iron and steel products referred to in article 1q

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Annex XIII - List of rubber products referred to in  1r

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Annex XIV - List of machinery referred to in article 1s

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Annex XV - List of legal persons, entities or bodies referred to in article 1zb

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Annex XVI - List of firearms and other arms referred to in Article 1ba

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Annex XVII - List of goods and technology referred to in Article 1sa

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Initial version

 Amended by

Corrected by