Brussels (Brussels Morning) – The Council assumed restrictive measures targeting the Belarusian economy, given the regime’s involvement in Russia’s unlawful, provocative, and unjustified war of aggression against Ukraine.
EU Council comprehensive measures strive to mirror several of the restrictive standards already in place against Russia and thereby handle the issue of circumvention arising from the high grade of integration existing between the Russian and Belarusian economies.
What Goods Are Banned for Export to Belarus?
The EU Council is expanding the export prohibition on dual-use/advanced goods and technologies, as well as presenting further export restrictions on goods which could assist in the enhancement of Belarusian industrial capabilities. Further restrictions are also presented on exports to Belarus of maritime navigation interests technologies, and luxury goods.
Concerning imports, it will be restricted to import directly or indirectly, buy or transfer namely gold and diamonds from Belarus, as well as helium, coal and mineral derivatives including crude oil. The latter measure will be completed by a new export embargo on goods and technologies suitable for usefulness in oil refining and the liquefaction of natural gas.
What Services Are Restricted Under New EU Sanctions?
The Council restricts the provision of specific services to Belarus, its government, general bodies, corporations or agents and any natural or legal person working on behalf or at their direction: accounting services, auditing assistance, including statutory audit, bookkeeping assistance, tax consulting services, business and leadership consulting services, and public concerns services; architectural and engineering services, as well as IT consultancy assistance and legal advisory services; promotion, market research and public sentiment polling services, as well as product testing and specialised inspection services.
How Are Transport Restrictions Affected by New EU Sanctions?
The Council is widening the banning on the transport of goods by road within the region of the EU, by trailers and semi-trailers recorded in Belarus, including when carried by trucks registered outside Belarus. To underestimate the risk of circumvention, EU operators which are possessed for 25% or more by a Belarusian natural or legal person, should be restricted from becoming a road transport assignment or from transporting goods by highway in the Union, including in transit.
How Will the EU Enforce Anti-Circumvention Measures Against Belarus?
The decision demands that EU exporters insert in their prospective contract the so-called ‘no-Belarus clause’, via which they contractually restrict the re-exportation to Belarus or re-exportation for service in Belarus of sensitive interests and technology, battlefield goods, handguns and ammunition.
To minimise the threat of circumvention, the EU will restrict the transit via the territory of Belarus of dual-use interests and technologies, goods and technologies which might assist Belarus’s military and technical enhancement or the development of its defence and security sector, goods which could contribute to the enhancement of Belarusian industrial capabilities, goods and technologies for service in the aviation or space industry, as well as arms shipped from the EU.
What Compensation Measures Are Available for EU Operators?
The package also includes steps to allow EU operators to assert compensation from damages caused by Belarusian individuals and businesses due to sanctions implementation and appropriation, provided that the member state national or party concerned does not have effective key to remedies, for example under the applicable bilateral investment treaty.
