New EU sanctions against Belarus in response to its involvement in Russia’s war of aggression against Ukraine

Following the adoption of the 14th package of sanctions against Russia, on 29 June, 2024, the EU adopted new restrictive measures against Belarus in response to its involvement in Russia’s unprovoked invasion against Ukraine.

The implementation of these extensive measures aims at mirroring various restrictive measures previously established against Russia, with the intention of tackling the concern of sanctions circumvention arising from the significant economic integration between Russia and Belarus.

The following are among the main measures implemented:

Council Decision (CFSP) 2024/1864 of 29 June 2024 amending Decision 2012/642/CFSP, and Council Regulation (EU) 2024/1865 of 29 June 2024 amending Regulation (EC) No 765/2006 concerning restrictive measures in view of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine[1]:

Trade:

• Further export restrictions on dual-use and advanced technology goods.
• New restrictions on goods which could contribute to the enhancement of Belarusian industrial capacities, as well as maritime navigation equipment, and other measures in the energy and aviation sectors.
• Export ban on goods and technology suitable for use in oil refining and liquefaction of natural gas.
• Import ban on goods allowing Belarus to diversify its sourcesof revenue, such as coal, crude oil, gold and diamonds (originating in Belarus, exported from Belarus and transiting Belarus).
  • Exceptions: prohibitions relating to oil are without prejudice for the time being to the transit through Belarus of crude oil which is delivered by pipeline from Russia into Member States.

Anti-circumvention:

• EU operators must from now undertake their best efforts to prevent their foreign subsidiaries from engaging in activities that undermine sanctions provided for in Regulation (EC) No 765/2006.
• Prohibition of transit of certain sensitive goods (e.g. dual-use, advanced technology, firearms, aviation related materials) via Belarus to reduce the risk of circumvention.
• Obligation for EU exporters:
  • to include a “no-Belarus clause” in new contracts, prohibiting the re-exportation to Belarus or re-exportation for use in Belarus of sensitive goods and technology, battlefield goods, firearms and ammunition.
  • And for EU operators trading in battlefield goods, to implement due diligence mechanisms capable of identifying and assessing risks of re-exportation to Russia and mitigating such risks.

Services:

• Prohibition to provide certain services to Belarus, its government and related entities acting on their behalf or at their direction is now restricted, including accounting, auditing, statutory audit, bookkeeping, tax consulting, business and management consulting and public relations services (covering advisory, guidance and operational assistance services, following Annex II to Regulation (EC) No 184/2005), IT consultancy, legal advisory, architectural and engineering services, advertising, market research and public opinion polling services.

Road transport:

• Extended prohibition on the transport of goods by road in the Union by trailers or semi-trailers registered in Belarus.
• Addition of transit to the existing prohibition to transport goods by road in the EU, applying to EU companies owned 25% or more by Belarusian persons.
  • The prohibition does not apply to road transport undertakings owned by dual nationals or Belarusian nationals having a temporary or permanent residence permit in a Member State.

Reporting obligation on penalties:

• Addition of reporting obligation for Member States on penalties applied for infringements of the restrictive measures to increase awareness of enforcement action.

New listing criterion:

• Possibility for the Council to impose targeted measures against individuals or entities that circumvent the sanctions or that significantly undermine their purpose or effectiveness.

Protection of EU operators:

• The new measures enable EU operators to claim compensation for damages caused by Belarusian entities linked to sanctions implementation and expropriation.

[1] Council Decision (CFSP) 2024/1864 of 29 June 2024 amending Decision 2012/642/CFSP concerning restrictive measures in view of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine, OJ L, 2024/1864, 30.6.2024;

Council Regulation (EU) 2024/1865 of 29 June 2024 amending Regulation (EC) No 765/2006 concerning restrictive measures in view of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine, OJ L, 2024/1865, 30.6.2024.