Council Decision 2012/642/CFSP of 15 October 2012 concerning restrictive measures in view of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine

Article 1

1.   The sale, supply, transfer or export of arms and related material of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and spare parts for the aforementioned, as well as equipment which might be used for internal repression, to Belarus by nationals of Member States or from the territories of Member States or using their flag vessels or aircraft, shall be prohibited whether originating or not in their territories.

2.   It shall be prohibited to:

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

(b) provide, directly or indirectly, financing or financial assistance related to the items referred to in paragraph 1, including in particular grants, loans and export credit insurance, for any sale, supply, transfer or export of such items, or for the provision of related technical assistance, brokering services or other services to any natural or legal person, entity or body in, or for use in, Belarus;

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

Article 1a

1. Without prejudice to Article 1 of this Decision, 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 VI to this Decision, 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 1b

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, 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 referred to in paragraph 1 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 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.

4.   The prohibitions in paragraphs 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 paragraphs 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 referred to in paragraph 1, 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 may also 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 after having determined that such goods or technology are intended for the purposes set out in paragraph 8 of this Article.

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 to Regulation (EC) No 765/2006, 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.

17.   The Union shall take the necessary measures in order to determine the relevant items covered by this Article.

Article 2

1.   Article 1 shall not apply to the:

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

(b) sale, supply, transfer or export of non-combat vehicles which have been manufactured or fitted with materials to provide ballistic protection, intended solely for protective use of personnel of the Union and its Member States in Belarus;

(c) provision of technical assistance, brokering services and other services related to such equipment or to such programmes and operations;

(d) provision of financing and financial assistance related to such equipment or to such programmes and operations,

on condition that such exports and assistance have been approved in advance by the relevant competent authority.

2.   Article 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 and humanitarian and development workers and associated personnel, for their personal use only.

Article 2a

1.   Member States shall deny permission to land in, take off from or overfly their territories to any aircraft operated by Belarusian air carriers, including as a marketing carrier, in accordance with their national rules and laws and consistent with international law, in particular relevant international civil aviation agreements.

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

3.   Paragraph 1 shall not apply in the event that the Member State or Member States concerned determine that a landing, take-off or overflight is required for humanitarian purposes or any other purpose consistent with the objectives of this Decision. In such event, the Member State or Member States concerned shall inform the other Member States and the Commission.

Article 2ab

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 2a and 4(2) of this Decision. 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 the provisions of this Decision, such that the pilot is not permitted to fly.

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

Article 2b

1.   The direct or indirect sale, supply, transfer or export to any natural or legal person, entity or body in Belarus, or for use in Belarus, of equipment, technology or software intended primarily for use in the monitoring or interception by, or on behalf of, the Belarusian authorities of the internet and of telephone communications on mobile or fixed networks, including the provision of any telecommunication or internet monitoring or interception services of any kind, as well as the provision of financial and technical assistance to install, operate or update such equipment, technology or software, by nationals of Member States or from the territories of Member States shall be prohibited.

2.   By derogation from paragraph 1, Member States may authorise the sale, supply, transfer or export of the equipment, technology or software, including the provision of any telecommunication or internet monitoring or interception services of any kind, as well as the related provision of financial and technical assistance, referred to in paragraph 1 if they have reasonable grounds to determine that the equipment, technology or software would not 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.

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

3.   The Union shall take the necessary measures in order to determine the relevant elements to be covered by this Article.

Article 2c

1.   The direct or indirect sale, supply, transfer or export of all dual-use goods and technology listed in Annex I to Regulation (EU) 2021/821 of the European Parliament and of the Council to any natural or legal person, entity or body in Belarus or for use in Belarus by nationals of Member States or from the territories of Member States or using their flag vessels or aircraft shall be prohibited, whether such goods and technology originate or not in their territories.

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 and financial assistance, for non-military use and to 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 paragraph 3, points (a) to (e), of this Article.

4.   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 authority 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 intended for:

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

(b) intergovernmental cooperation in space programmes;

(c) 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) maritime safety;

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

(h) 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 paragraph 4, points (b), (c), (d) and (h), 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 a request for authorisation pursuant to paragraphs 4 and 5, the competent authority shall not grant an authorisation if it has 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 II 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 2da(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 authority may annul, suspend, modify or revoke an authorisation which it has granted pursuant to paragraphs 4 and 5 if it deems that such annulment, suspension, modification or revocation is necessary for the effective implementation of this Decision.

9.   The partner countries as referred to in points 4(f) and (g) of this Article and in points (f) and (g) of Article 2d(4), and which apply substantially equivalent export control measures, are listed in Annex IV.

Article 2d

1.   It shall be prohibited to sell, supply, transfer or export, directly or indirectly, goods and technology which might contribute to the military and technological enhancement of Belarus, or to the development of its defence and security sector, 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 the military and technological enhancement of Belarus or to the development of its defence and security sector 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 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 export of items for use by news media;

(d) software updates;

(e) use as consumer communication devices;

(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 the military and technological enhancement of Belarus or to the development of its defence and security sector intended for the purposes set out in paragraph 3, points (a) to (e).

4.   By way of derogation from paragraphs 1 and 2 of this Article, the competent authority may authorise the sale, supply, transfer or export of 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:

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

(b) intergovernmental cooperation in space programmes;

(c) 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) maritime safety;

(e) 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) 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)the diplomatic representations of the Union, Member States and partner countries, including delegations, embassies and missions;

(h)ensuring cybersecurity 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)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 authority 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 the military and technological enhancement of Belarus or to the development of its defence and security sector 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 of this Article, and without prejudice to the authorisation requirements pursuant to Regulation (EU) 2021/821, the competent authority 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 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.

5a.   By way of derogation from paragraphs 1 and 2, the competent authorities of the 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 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 a request for authorisation pursuant to paragraphs 4 and 5, the competent authority shall not grant an authorisation if it has 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 II 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 2da(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 authority may annul, suspend, modify or revoke an authorisation which it has granted pursuant to paragraphs 4 and 5 if it deems that such annulment, suspension, modification or revocation is necessary for the effective implementation of this Decision.

9.   The Union shall take the necessary measures in order to determine the relevant items to be covered by this Article.

Article 2da

1.   With regard to the natural or legal persons, entities or bodies listed in Annex II, by way of derogation from Article 2c(1) and (2) and Article 2d(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 referred to in Article 2d, 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 authorisations shall be valid throughout the Union.

3.   The competent authority may annul, suspend, modify or revoke an authorisation which it has granted pursuant to paragraph 1 if it deems that such annulment, suspension, modification or revocation is necessary for the effective implementation of this Decision.

Article 2db

1.   It shall be prohibited to sell, supply, transfer or export, directly or indirectly, maritime navigation 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.

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.

4.   The Union shall take the necessary measures in order to determine the relevant items covered by this Article.’

Article 2e

1.   The direct or indirect sale, supply, transfer or export to any natural or legal person, entity or body in Belarus or for use in Belarus of goods used for the production or manufacturing of tobacco products, by nationals of Member States or from the territories of Member States or using their flag vessels or aircraft shall be prohibited, whether such goods originate or not in their territories.

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.   The Union shall take the necessary measures in order to determine the relevant items to be covered by this Article.

Article 2ea

1.   It shall be prohibited to sell, supply, transfer or export, directly or indirectly, luxury goods, 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 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 insofar as their value exceeds EUR 300 per item, unless otherwise specified.

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 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 authorisation granted under paragraph 5 within 2 weeks of the authorisation.

8.   The Union shall take the necessary measures in order to determine the relevant items covered by this Article.

Article 2eb

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 2f, 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 2ec

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, 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 referred to in paragraph 1 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 5 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.

6.   The Union shall take the necessary measures in order to determine the relevant items covered by this Article.’

Article 2f

1.   It shall be prohibited to purchase, import or transfer, directly or indirectly, mineral products and crude oil, 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 Union shall take the necessary measures in order to determine the relevant items covered by this Article.

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

5.   The prohibitions in paragraphs 1 and 2, shall not apply to crude oil 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 concluded before 1 July 2024, or of ancillary contracts necessary for that execution, provided that those contracts have been notified by the relevant Member States to the Commission by 23 July 2024 and provided 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.

6.   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 4o of Council Decision 2014/512/CFSP (*1) shall apply to crude oil delivered by pipeline from Russia.

Article 2g

1.   The purchase, import or transfer from Belarus of potassium chloride (‘potash’) products shall be prohibited.

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.   The Union shall take the necessary measures in order to determine the relevant items to be covered by this Article.

Article 2h

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 control as of 1 June 2021, as listed in Annex III;

(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 points (a) and (b) of this Article;

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

Article 2ha

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 2hb

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 2hc

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 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.

The Union shall take the necessary measures in order to determine the relevant items covered by this paragraph.

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 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 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 Decision.

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 member country of the European Economic Area, Switzerland or a partner country as listed in Annex IV.

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 the 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 member country of the European Economic Area, Switzerland or a partner country as listed in Annex IV.

14.   By way of derogation from paragraph 2, the competent authorities may authorise the provision of the 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 2i

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 control as of 1 June 2021, as listed in Annex III;

(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 points (a) and (b) of this paragraph;

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

2.   The prohibition referred to in paragraph 1 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 the competent authority has determined that:

(a) 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

(b) the activities or the loan or credit 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 4.

When applying the conditions under points (a) and (b), 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 2j

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

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

(b) 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 (a).

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 2k

It shall be prohibited to participate, knowingly and intentionally, in activities the object or effect of which is to circumvent prohibitions in this Decision, 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 2l

In addition to the prohibitions set out in Article 2i, the following shall be prohibited:

(a) any disbursement or payment by the European Investment Bank (EIB) under or in connection with any existing agreements entered into between the Republic of Belarus or any public authority thereof and the EIB;

(b) the continuation by the EIB of any 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 2m

Member States shall take the necessary action to limit the involvement in Belarus of multilateral development banks of which they are members, in particular the International Bank for Reconstruction and Development and the European Bank for Reconstruction and Development, including by voting against new loans or other forms of financing to the entities mentioned in Article 2i, except for those mentioned in paragraphs (2) and (3) thereof, and without affecting projects financing private sector support for small and medium enterprises.

Article 2n

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 Decision, 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) any natural or legal person, entity or body referred to in Articles 2h, 2i, 2j, 2y or listed in Annexes II or V;

(b) any other Belarussian person, entity or body;

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

Article 2o

1.   It shall be prohibited:

(a) to import, directly or indirectly, wood products into the Union if they:

(i) originate in Belarus; or

(ii) have been exported from Belarus;

(b) to purchase, directly or indirectly, wood products referred to in point (a) which are located in or which originated in Belarus;

(c) to transport wood products referred to in point (a) 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.

3.   The Union shall take the necessary measures in order to determine the relevant items to be covered by this Article.

Article 2p

1.   It shall be prohibited:

(a) to import, directly or indirectly, cement products into the Union if they:

(i) originate in Belarus; or

(ii) have been exported from Belarus;

(b) to purchase, directly or indirectly, cement products referred to in point (a) which are located in or which originated in Belarus;

(c) to transport cement products referred to in point (a) 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.

3.   The Union shall take the necessary measures in order to determine the relevant items to be covered by this Article.

Article 2q

1.   It shall be prohibited:

(a) to import, directly or indirectly, iron and steel products 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 referred to in point (a) which are located in or which originated in Belarus;

(c) to transport iron and steel products referred to in point (a) 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.

3.   The Union shall take the necessary measures in order to determine the relevant items to be covered by this Article.

Article 2r

1.   It shall be prohibited:

(a) to import, directly or indirectly, rubber products into the Union if they:

(i) originate in Belarus; or

(ii) have been exported from Belarus;

(b) to purchase, directly or indirectly, rubber products referred to in point (a) which are located in or which originated in Belarus;

(c) to transport rubber products referred to in point (a) 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.

3.   The Union shall take the necessary measures in order to determine the relevant items to be covered by this Article.

Article 2ra

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, if they originate in Belarus or are exported from Belarus.

The Union shall take the necessary measures in order to determine the relevant items covered by this paragraph.

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.   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, 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 to Regulation (EC) No 765/2006, 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 2rb

1.   It shall be prohibited to purchase, import, or transfer, directly or indirectly, gold, 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 products 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 to Regulation (EC) No 765/2006, 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;

(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 gold jewellery 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.

8.   The Union shall take the necessary measures in order to determine the relevant items covered by this Article.

Article 2rc

1.   It shall be prohibited, as of 1 July 2024, to purchase, import, or transfer, directly or indirectly, diamonds and products incorporating diamonds, 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, of any origin, if they have 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 diamonds or products incorporating diamonds 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.

6.   The Union shall take the necessary measures in order to determine the relevant items covered by this Article.

Article 2s

1.   It shall be prohibited:

(a) to sell, supply, transfer or export, directly or indirectly, certain machinery, 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 referred to in paragraph 1, 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.

3a.   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 goods and technology referred to therein, 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.

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

4.   The Union shall take the necessary measures in order to determine the relevant items to be covered by this Article.

Article 2sa

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, 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, 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 referred to in paragraph 1 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 referred to in paragraph 1, 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 Decision; 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 and technology suited for use in aviation referred to in paragraph 1, 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, 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 the goods and technology suited for use in aviation or the space industry referred to in paragraph 1, 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 to Regulation (EC) No 765/2006 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 2c(4), point (b), and 2d(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.

11.   The Union shall take the necessary measures in order to determine the relevant items to be covered by this Articl

Article 2t

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 2u

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.

4.   By way of derogation from paragraph 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 paragraph 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.

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

5.   By way of derogation from paragraph 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.

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

Article 2v

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 of the European Parliament and of the Council ( ² ) 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 2w

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 2x

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 2y

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 V 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 V.

2.   For each legal person, entity or body referred to in Annex V, 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 V.

Article 2z

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 Decision;

(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 3

1.   Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of persons listed in Annex I who:

(a) are 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, and any person associated with them;

(b) benefit from or support the Lukashenka regime; or

(c) organise or contribute 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 a Member State.

2.   Paragraph 1 shall not oblige a Member State to refuse its own nationals entry into its territory.

3.   Paragraph 1 shall be without prejudice to the cases where a Member State is bound by an obligation of international law, namely:

(a) as a host country of an international intergovernmental organisation;

(b) as a host country to an international conference convened by, or under the auspices of, the United Nations;

(c) under a multilateral agreement conferring privileges and immunities;

or

(d) under the 1929 Treaty of Conciliation (Lateran pact) concluded by the Holy See (State of the Vatican City) and Italy.

4.   Paragraph 3 shall be considered as applying also in cases where a Member State is host country of the Organisation for Security and Cooperation in Europe (OSCE).

5.   The Council shall be duly informed in all cases where a Member State grants an exemption pursuant to paragraphs 3 or 4.

6.   Member States may grant exemptions from the measures imposed in paragraph 1 where travel is justified on the grounds of urgent humanitarian need, or on grounds of attending intergovernmental meetings, including those promoted or hosted by the Union, or hosted by a Member State holding the Chairmanship in office of the OSCE, where a political dialogue is conducted that directly promotes democracy, human rights and the rule of law in Belarus.

7.   A Member State wishing to grant exemptions referred to in paragraph 6 shall notify the Council in writing. The exemption shall be deemed to be granted unless one or more of the Council members raises an objection in writing within two working days of receiving notification of the proposed exemption. Should one or more of the Council members raise an objection, the Council, acting by a qualified majority, may decide to grant the proposed exemption.

8.   In cases where pursuant to paragraphs 3, 4, 6 and 7 a Member State authorises the entry into, or transit through, its territory of any person listed in Annex I , the authorisation shall be limited to the purpose for which it is given and to the person concerned thereby.

Article 4

1.   All funds and economic resources belonging to, owned, held or controlled by persons, entities or bodies listed in Annex I that meet any of the following criteria shall be frozen:

(a) persons, entities or bodies 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, and any natural or legal persons, entities or bodies associated with such persons, entities or bodies;

(b) natural or legal persons, entities or bodies benefiting from or supporting the Lukashenka regime;

(c) natural or legal persons, entities or bodies 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 a Member State;

(d)natural or legal persons, entities or bodies facilitating infringements of the prohibition against circumvention of the provisions of this Decision or otherwise significantly frustrating those provisions;

(e)legal persons, entities or bodies owned or controlled by persons, entities or bodies falling under points (a) to (d);

(f)natural or legal persons, entities or bodies associated with persons, entities or bodies referred to in points (b), (c) or (d).

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

Article 5

1.   The competent authority of a Member State 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 it deems appropriate, after having determined that the funds or economic resources concerned are:

(a) necessary to satisfy the basic needs of any person 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 the payment of reasonable professional fees and the reimbursement of incurred expenses associated with the provision of legal services;

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

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

(e) to be paid into or from an account of a diplomatic mission or consular post or an international organisation enjoying immunities in accordance with international law, in so far as such payments are intended to be used for official purposes of the diplomatic mission or consular post or international organisation;

(f) intended exclusively for:

(i) humanitarian purposes, 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;

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

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

Member States shall inform the other Member States and the Commission of any authorisation granted under this Article.

2.   Article 4(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 Common Position 2006/276/CFSP, Council Decision 2010/639/CFSP or this Decision.

and provided that any such interest, other earnings and payments continue to be subject to Article 4(1) of this Decision.

3.   Article 4(1) shall not prevent a listed natural or legal person, entity or body from making a payment due under a contract entered into before the listing of such a natural or legal person, entity or body, provided that the relevant Member State has determined that the payment is not, directly or indirectly, received by a natural or legal person, entity or body referred to in Article 4(1).

4.   By way of derogation from Article 4(1), the competent authorities of a Member State may authorise the release of certain frozen funds or economic resources, provided that 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 person, entity or body referred to in Article 4 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.

The Member State concerned shall inform the other Member States and the Commission of any authorisations granted under this paragraph.

Article 5a

By way of derogation from Article 4, 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 5b

1.   By way of derogation from Articles 1b, 2c, 2d, 2db, 2e, 2ea, 2ec, 2s and 2sa, 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 to Regulation (EC) No 765/2006 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 1b, 2c, 2d, 2db, 2e, 2ea, 2ec, 2s and 2sa entered into force in respect of those goods and technologies.

2.   By way of derogation from Article 2f, as far as mineral products are concerned, and from Articles 2o, 2p, 2q, 2r, 2ra and 2rb, the competent authorities may authorise the import or transfer of goods listed in Annexes VII, X, XI, XII, XIII, XXI XXII, and XXVII to Regulation (EC) No 765/2006 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 2f, as far as mineral products are concerned, or in Articles 2o, 2p, 2q, 2r, 2ra and 2rb, entered into force in respect of those goods.

3.   By way of derogation from Article 2hc, 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 or 3 within 2 weeks of the authorisation.

Article 5c

1.   For the purposes of the prohibitions on importing goods provided for in this Decision, goods physically in the Union may be released, as provided for in Article 5, point (26), of the Union Customs Code (*2), 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 Decision, 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 Decision may be released by the customs authorities under the conditions provided for in paragraphs 1 to 4.

Article 5d

1.   When selling, supplying, transferring or exporting to a third country, with the exception of countries listed in Annex IVa, goods or technology as listed in Annexes XVI, XVII, XXVIII to Regulation (EC) No 765/2006, common high priority items as listed in Annex XXX to Regulation (EC) No 765/2006, 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 to Regulation (EC) No 765/2006;

(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 that 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 6

1.   The Council, acting upon a proposal by a Member State or the High Representative of the Union for Foreign Affairs and Security Policy, shall adopt amendments to the list contained in Annex I, Annex II, and Annex III as required by political developments in Belarus.

2.   The Council shall communicate its decision, including the grounds for listing, to the person concerned, either directly, if the address is known, or through the publication of a notice, providing such person 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 person concerned accordingly.

Article 6a

1.   The Council and the High Representative of the Union for Foreign Affairs and Security Policy (the ‘High Representative’) may process personal data in order to carry out their tasks under this Decision, in particular:

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

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

2.   The Council and the High Representative may process, where applicable, relevant data relating to criminal offences committed by listed natural persons, to criminal convictions 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 Decision, the Council and the High Representative are designated as ‘controllers’ 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, competent authorities within the meaning of Regulation (EU) No 575/2013 of the European Parliament and of the Council (*3), Directive (EU) 2015/849 of the European Parliament and of the Council (*4) and Directive 2014/65/EU of the European Parliament and of the Council (*5), 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 6b, 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 Decision, 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 Decision. This provision is without prejudice to rules regarding the confidentiality of information held by judicial authorities.

Article 6b

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 Decision 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 7

In order to maximise the impact of the abovementioned measures, the Union shall encourage third States to adopt restrictive measures similar to those contained in this Decision.

Article 7a

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 Decision.

Article 8

1.   This Decision shall apply until 28 February 2025.

2.   This Decision shall be kept under constant review and shall be renewed or amended, as appropriate, if the Council deems that its objectives have not been met.

Article 9

This Decision shall enter into force on 1 November 2012.

Annex I - List of natural and legal persons, entities and bodies referred to in Articles 3(1) and 4(1)

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Annex II - List of legal persons, entities or bodies referred to in article 2d

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Annex III - List of major credit institutions referred to in articles 2h and 2i

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Annex IV - List of partner countries referred to in article 2c(9)

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ANNEX IVa - List of countries referred to in article 5f

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Annex V - List of legal persons, entities or bodies referred to in article 2y

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Annex VI - List of firearms and other items referred to in Article 1a

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Initial version

Amended by

Corrected by