Restrictive measures in view of the situation in Belarus and its involvement in the Russian aggression against Ukraine

KEY POINTS

The EU treaties provide the legal bases for the EU to impose sanctions on non-EU countries.

Restrictive measures (sanctions)

Decision 2012/642/CFSP and Regulation (EC) No 765/2006 set out the following.

• A ban on the export of arms and equipment that might be used for internal repression (Annex III to the regulation lists such equipment).
• A ban on the sale, supply, transfer or export, directly or indirectly, of firearms, their parts and essential components and ammunition as listed in Annex I to Regulation (EU) 2025/41 implementing the United Nations’ Protocol against the Illicit Manufacturing of and Trafficking in Firearms, and firearms and other arms as listed in Annex XVI to Regulation (EC) No 765/2006, to any natural or legal person, entity or body in Belarus or for use in Belarus.
• A ban on providing technical assistance, financial assistance or brokerage services in relation to such equipment.
• An asset freeze (the freezing of funds (financial assets and benefits of all kinds) and economic resources) and a travel ban (restricting the entry of individuals to EU Member States) for those:
  • responsible for serious human rights violations;
  • repressing civil society and democratic opposition;
  • responsible for other activities that seriously undermine democracy or the rule of law in Belarus;
  • benefiting from or supporting the Lukashenko regime.

An updated list of those subject to asset freezing and travel bans is annexed to the decision and to the regulation.

Council conclusions of October 2020

• The elections held in Belarus in August 2020 were declared neither free nor fair by the High Representative of the Union for Foreign Affairs and Security Policy. Besides the additional asset freezing and travel bans set out in Implementing Decision (CFSP) 2020/1388 and Implementing Regulation (EU) 2020/1387, the EU indicated that it was prepared to:
  • take further restrictive measures against high-ranking officials, including Alexander Lukashenko;
  • reduce its cooperation with the central Belarusian authorities;
  • increase its support for the Belarusian people and civil society, making changes to its financial assistance accordingly.
• Implementing Decision (CFSP) 2020/1650 and Implementing Regulation (EU) 2020/1648 update the list of high-ranking officials subject to EU restrictive measures, including Alexander Lukashenko.
• In response to the brutality of the Belarusian authorities and in support of the democratic rights of the Belarusian people, on 19 November 2020, the Council agreed to proceed with the preparation of a further round of sanctions. In view of the ongoing repression of civil society in Belarus, Implementing Decision (CFSP) 2020/2130 adds 29 persons and seven entities to the list set out in the Annex to Decision 2012/642/CFSP, and Implementing Regulation (EU) 2020/2129 adds those 29 persons and seven entities to the list of natural and legal persons, entities and bodies subject to restrictive measures set out in Annex I to Regulation (EC) No 765/2006.

European Council conclusions of May 2021

• Following the unlawful forced landing of a Ryanair flight in Minsk in May 2021, the European Council called for:
  • the immediate release of journalist Raman Pratasevich and his wife Sofia Sapega and for guarantees of their freedom of movement;
  • the International Civil Aviation Organization to urgently investigate the incident.
• In June 2021, the Council adopted the following legal acts.
  • Decision (CFSP) 2021/908 and Regulation (EU) 2021/907 to amend Decision 2012/642/CFSP and Regulation (EC) No 765/2006 banning any aircraft operated by Belarusian airlines from landing on, taking off from or flying over EU territory, unless specifically authorised to do so in certain circumstances.
  • Decision (CFSP) 2021/1001 and Regulation (EU) 2021/996 further amending Decision 2012/642/CFSP and Regulation (EC) No 765/2006 to authorise the release of certain frozen funds or economic resources and to add one Belarusian individual to the list of sanctioned persons.
  • Implementing Decision (CFSP) 2021/1002 and Implementing Regulation (EU) 2021/997 amending, respectively, the Annex to Decision 2012/642/CFSP and Annex I to Regulation (EC) No 765/2006 to include 78 individuals and seven legal persons in the list of sanctioned persons.
  • Decision (CFSP) 2021/1031 and Regulation (EU) 2021/1030 amending, respectively, Decision 2012/642/CFSP and Regulation (EC) No 765/2006 setting out the definitions of dual-use goods and technology, investment services, transferable securities, money market instruments and credit institutions, and introducing a ban on the sale, supply or transfer of equipment, technology and software intended for use in the monitoring and interception of telephone communications by the Belarusian authorities.
• In November 2021, the Council adopted the following legal acts.
  • Decision (CFSP) 2021/1989, which amends Decision 2012/642/CFSP and introduces certain exceptions to the ban on providing insurance and reinsurance to the Belarusian government and Belarusian public bodies and agencies, in order to avoid unintended consequences. Regulation (EU) 2021/1986 amends Regulation (EC) No 765/2006 to reflect that change.
  • Decision (CFSP) 2021/1990 introduces an additional criterion to allow for targeted restrictive measures to be applied against those organising or contributing to activities by the Lukashenko regime that facilitate the illegal crossing of the EU’s external borders, the transfer of prohibited goods or the illegal transfer of restricted goods, including hazardous goods, into EU territory. Regulation (EU) 2021/1985 amends Regulation (EC) No 765/2006 to reflect that change.

Sanctions imposed due to Russia’s full-scale war of aggression against Ukraine

• On 24 February 2022, following the unprovoked invasion of Ukraine by Russian armed forces and the involvement of Belarus in this aggression against Ukraine, the High Representative indicated that the EU’s response would include both sectoral and individual restrictive measures. The Council adopted Decision (CFSP) 2022/337 amending Decision 2014/145/CFSP (see summary) and Implementing Regulation (EU) 2022/336 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine.
• On 2 March 2022, the Council adopted Decision (CFSP) 2022/354 amending Decision 2014/145/CFSP, Implementing Regulation (EU) 2022/353 implementing Regulation (EU) No 269/2014, Decision (CFSP) 2022/356 amending Decision 2014/145/CFSP and Regulation (EU) 2022/355 amending Regulation (EC) No 765/2006. These acts contain targeted restrictions:
  • in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine, on 22 high-ranking Belarusian military personnel in view of their role in the decision-making and strategic planning that led to the Belarusian involvement in the Russian aggression against Ukraine;
  • on the trade of goods used for the production or manufacturing of tobacco products, mineral fuels, bituminous substances and gaseous hydrocarbon products, potassium chloride (potash) products, wood products, cement products, iron and steel products and rubber products;
  • on exports of dual-use goods and technology and of certain advanced goods and technology that might contribute to Belarus’s military, technological, defence and security development, and on providing related services.
• On 9 March 2022, the Council adopted Decision (CFSP) 2022/399 and Regulation (EU) 2022/398. These acts:
  • prohibit the listing and provision of services relating to shares of Belarusian state-owned entities on EU trading venues;
  • limit financial deposits from Belarus to the EU;
  • prohibit transactions with the central bank of Belarus;
  • restrict the provision of specialised financial messaging services to certain Belarusian credit institutions and their Belarusian subsidiaries;
  • in the context of the single European sky, require the network manager for air traffic management to reject all flight plans filed by aircraft operators indicating an intent to carry out activities over EU territory or that of Belarus that constitute a violation of Regulation (EC) No 765/2006, such that the pilot is not permitted to fly.
• On 8 April 2022, the Council adopted Decision (CFSP) 2022/579 and Regulation (EU) 2022/577, marking further economic sanctions in response to the involvement of Belarus in the Russian aggression against Ukraine, with a view to effectively curbing Russian abilities to continue the aggression:
  • a prohibition on selling 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;
  • a prohibition on selling, supplying, transferring or exporting 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, with some exceptions;
  • a prohibition on any road transport undertaking established in Belarus transporting goods by road within the territory of the EU, including in transit, with some exceptions and derogations.
• On 3 June 2022, in response to the continued involvement of Belarus in Russia’s invasion of Ukraine, the EU also adopted new sanctions against Belarus. Decision (CFSP) 2022/882 expands the list of entities subject to restrictions as regards authorisations for the sale, supply, transfer or export of dual-use goods and technology, along with goods and technology that might contribute to Belarus’s military and technological enhancement or the development of its defence and security sector. Decision (CFSP) 2022/882 also expands the list of Belarusian banks and subsidiaries subject to restrictive measures regarding the provision of specialised financial messaging services used for the exchange of financial data (SWIFT ban). Regulation (EU) 2022/877 amends Regulation (EC) No 765/2006 to reflect those changes.

  On the same day, the Council adopted Implementing Decision (CFSP) 2022/881 and Implementing Regulation (EU) 2022/876, adding 12 new individuals and eight entities to the list of persons, entities and bodies subject to restrictive measures in view of the gravity of the situation in Belarus, and the continuing violations of human rights and repression of civil society and democratic opposition.

• In August 2023, the Council adopted Decision (CFSP) 2023/1601, Implementing Regulation (EU) 2023/1591 and Regulation (EU) 2023/1594. Those acts add a further 38 individuals and three entities responsible for serious human rights violations and the repression of civil society and democracy to the sanctions list, bringing it to a total of a total of 233 individuals and 37 entities. Export bans now apply to goods and technology used in the aviation and space industries; to firearms, their parts and essential components and ammunition; and to dual-use goods and technology. This export prohibition is designed to combat circumvention by countering Belarus’s continued support for the Russian military aggression against Ukraine and thus reinforce the impact and reach of EU sanctions.
• On 29 June 2024, in adopting Decision (CFSP) 2024/1864 and Regulation (EU) 2024/1865, the Council introduced comprehensive sanctions targeting trade, services, transport and anti-circumvention. These measures include:
  • an export ban on dual-use/advanced goods and technologies and on goods that might enhance Belarus’s industrial capacities, and on maritime navigation goods and technologies and luxury goods;
  • a ban on imports of gold, diamonds, helium, coal and mineral products, including crude oil;
  • a ban on providing various services to Belarus (such as accounting, tax and management consultancy, engineering, architectural, IT, legal, advertising, market research, product testing and technical inspections);
  • the wider prohibition of road transport in the EU by Belarus trailers and semi-trailers, including by EU-registered trucks;
  • a requirement that EU exporters insert a no-Belarus clause in their contracts banning the re-export to Belarus of sensitive goods and technology, battlefield goods, firearms and ammunition;
  • to prevent circumvention, a ban on transit through Belarusian territory of any goods or technologies that might enhance Belarus’s defence and security sector, or its aviation and space industry capacity;
  • requiring EU parent companies to ensure their non-EU-based subsidiaries do not take part in any activities that the sanctions seek to prevent.
• On 5 August 2024, the Council adopted Implementing Decision (CFSP) 2024/2116 and Implementing Regulation (EU) 2024/2113 imposing sanctions on 28 individuals for their role in the ongoing internal repression and human rights violations. These include officials of the Ministry of Internal Affairs, members of the judiciary and a group of media-related supporters of Lukashenko who benefited from the regime.
• In December 2024, the Council adopted Implementing Decision (CFSP) 2024/3175 and Implementing Regulation (EU) 2024/3177 imposing restrictive measures on a further 26 individuals. Sanctions were placed on members of the judiciary who had issued politically motivated sentences, on the heads and on deputy heads of various correctional institutions, and on the head of a medical unit in one of these institutions, where prisoners face inhumane conditions and are subject to abuses. Sanctions were also placed on two businesses that had benefited from the Lukashenko regime and contributed to circumventing EU sanctions.
• 24 February 2025 saw the adoption of Decision (CFSP) 2025/391 imposing further sanctions in view of Belarus’s complicity in Russia’s aggression in Ukraine. These relate, among other things, to exports of dual-use goods and technologies and goods and technology that might contribute to enhancing Belarus’s defence and security sector. The list of exports that might advantage Belarus’s military and industrial capacity was extended to include items such as chemical precursors to riot control agents, software related to computer numerical control machines, chromium ores and compounds, controllers used to guide unmanned aerial vehicles, pyrotechnic goods and combustible materials.
• On 14 March 2025, the Council adopted Decision (CFSP) 2025/528 amending Decision 2014/145/CFSP, extending it for a further six months and updating the information therein concerning 126 individuals and 36 entities, and deleting duplicate entries and entries relating to deceased persons.
• On 27 March 2025, following the so-called presidential elections in Belarus, Implementing Regulation (EU) 2025/631 EU extended sanctions addressing additional individuals and entities responsible for internal repression and the abuse of human rights. These take the form of asset freezes and travel bans for individuals, and a prohibition on EU companies making funding available to the business entities.