(1)

On 15 October 2012, the Council adopted Decision 2012/642/CFSP (1).

(2)

On 24 February 2022, the President of the Russian Federation announced a military operation in Ukraine and Russian armed forces began an attack on Ukraine, including from the territory of Belarus. That attack was a blatant violation of the territorial integrity, sovereignty and independence of Ukraine.

(3)

In its conclusions of 19 February 2024, the Council strongly condemned the continued support provided by the Belarusian regime to Russia’s war of aggression against Ukraine and called on Belarus to refrain from such action and to abide by its international obligations.

(4)

In view of the gravity of the situation, and in response to Belarus’s continued involvement in Russia’s aggression against Ukraine, it is appropriate to introduce additional restrictive measures.

(5)

In particular, it is appropriate to expand the list of items which might contribute to Belarus’s military and technological enhancement or to the development of its defence and security sector by listing items which have been used by Russia in its war of aggression against Ukraine and items which contribute to the development or production of Belarus’s military systems, including laboratory glassware, and certain high performance lubricants and their additives.

(6)

It is also appropriate to expand the list of goods subject to export restrictions which might contribute to the enhancement of Belarusian industrial capacities, such as chemicals, rubber and articles of vulcanised rubber, articles of steel, tools for metal production and industrial tractors.

(7)

In order to minimise the risk of circumvention of restrictive measures, it is appropriate to extend the list of goods and technology subject to the prohibition on transit via the territory of Belarus.

(8)

Moreover, it is appropriate to impose additional restrictions on the provision to the Republic of Belarus, its Government, its public bodies, corporations or agencies, or to any natural or legal person, entity or body acting on their behalf or at their direction of services that contribute to enhancing Belarus’s technological capabilities, in particular the provision of managed security services.

(9)

It is also appropriate to restrict the provision of services directly related to tourism activities in Belarus, in particular those classified in classes 7471 and 7472 of the Central Products Classification as set out in Statistical Office of the United Nations, Statistical Papers, Series M, No 77, CPC prov., 1991. This is done in order to reduce the revenues that Belarus derives from such services and to deter the promotion of non-essential travel and leisure activities to Belarus, especially in a context where Union nationals face a heightened risk of arbitrary arrests and detention, and where consular protection for persons having dual nationality is limited.

(10)

It is also appropriate to introduce an exemption from the requirement for prior authorisation for services provided to the Republic of Belarus, its Government, its public bodies, corporations or agencies which are not already subject to the restrictive measures set out in Decision 2012/642/CFSP where such services are strictly necessary for the functioning of a consular or diplomatic representation of Belarus located in a Member State.

(11)

Moreover, it is appropriate to introduce further import bans on goods which allow Belarus to diversify its sources of revenue, thereby enabling its involvement in the Russian aggression against Ukraine, including on certain raw materials, metals, certain minerals, scrap of steel and other metals, chemicals, articles of vulcanised rubber and tanned furskins.

(12)

At present, claims against Union companies complying with restrictive measures can be brought by legal persons, entities or bodies other than Belarusian legal persons, entities or bodies by persons other than those listed in Decision 2012/642/CFSP, or by persons other than those acting on their behalf or at their direction, for instance when Union operators discontinue their supply to natural and legal persons in third countries other than Belarus of products the export of which to Belarus is prohibited. Therefore, it is appropriate to strengthen the Union’s framework of restrictive measures by extending the scope of the prohibition on the satisfaction of such claims in connection with any contract or transaction the performance of which has been affected, directly or indirectly, in whole or in part, by Union restrictive measures. The scope of the prohibition in Decision 2012/642/CFSP on the satisfaction of such claims should therefore also be extended to cover claims brought by natural or legal persons, entities or bodies established in third countries other than Belarus and partner countries listed in the relevant annex to that Decision, where those natural or legal persons, entities or bodies are selling, supplying, transferring or exporting goods, technology or services the sale, supply, transfer or export of which is prohibited under Decision 2012/642/CFSP, whether or not the goods, technology or services originate in the Union.

(13)

The Belarusian National Bank is about to launch the Belarusian digital rouble, which is expected to be put in circulation in the second half of 2026 and be progressively used by business entities, state entities and individuals, as well as between them and third-country operators. While the project is still at the preparatory stage, the digital rouble is intended, inter alia, to provide a payments system which shields Belarusian persons from the effect of the restrictive measures laid down in Decision 2012/642/CFSP. Therefore, it is appropriate to impose a prohibition on engaging, directly or indirectly, in any transaction involving a Belarusian Central Bank digital currency or providing any support to the development of such a project. A limited period to enable the orderly termination of existing contracts should also be provided for.

(14)

Recent measures taken by the Belarusian regime involve banning operations for certain foreign crypto-asset service providers, indicating that regime’s intentions to closely control the operation of crypto-asset service providers that operate in that country. In parallel, Belarus is developing a regulatory regime that involves close state oversight of crypto-asset services providers, with associated risks of crypto-assets being used by the regime to circumvent Union restrictive measures. Under those circumstances, the identification of specific crypto-asset service providers as enabling the circumvention of restrictive measures would not sufficiently mitigate circumvention risks, as the Belarusian regime could use other crypto-asset service providers under its control for the same illicit purposes. With a view to ensuring that crypto-assets do not provide a channel for circumventing Union restrictive measures, it is therefore appropriate to prohibit transactions with any crypto-asset service providers established in Belarus or with any decentralised platforms established in Belarus that enable the exchange or transfer of crypto-assets.

(15)

Decision 2012/642/CFSP should therefore be amended accordingly,

(1)

Article 1b is amended as follows:

(2)

in Article 2c(4), point (h) is replaced by the following:

;

(3)

in Article 2d(4), point (h) is replaced by the following:

;

(4)

Article 2hc is amended as follows:

(5)

in Article 2n(1), the following point is added:

;

(6)

in Article 2ra, the following paragraph is inserted:

(7)

in Article 2y(1a), the following points are added:

;

(8)

the following articles are inserted:

(9)

the Annexes are amended in accordance with the Annex to this Decision.