The Council of the European Union recently decided to impose additional sanctions against Belarus for supporting Russia’s illegal war of aggression against Ukraine and substantially facilitating the circumvention of existing sanctions against Russia. The measures were approved by the Council on June 29, 2024 with the adoption of Council Decision (CFSP) 2024/1864 and Council Regulation (EU) 2024/1865. The new measures essentially mirror sanctions already imposed upon Russia and target various sectors of the Belarusian economy, which has reportedly become closely integrated with Russia’s economy. The new measures specifically target Belarusian trade, services and transport and are aimed at combatting Belarus’s sanctions circumvention efforts.
New trade restrictions include the expansion of export restrictions on Belarus. The Council expanded the list of dual use and advanced technology goods subject to export restrictions in the European Union and imposed new restrictions on goods that could contribute to Belarusian industrial capacities. Export restrictions were specifically extended to include maritime navigation equipment, oil refining technology and certain luxury goods. The new sanctions also prohibit the import of goods that serve as key sources of revenue in Belarus, including gold and diamonds.
The new sanctions also prohibit the provision of certain services to Belarus, including accounting and auditing services, advertising services, and legal advisory services.
Prohibitions on the transport of goods by road in the EU were also expanded to include trailers and semi-trailers registered in Belarus. EU operators owned 25 percent or more by a Belarusian person were also prohibited from transporting goods by road in the EU.
Several new anti-circumvention measures were also imposed by the Council, including a requirement for EU exporters to insert a so-called “no-Belarus clause” into all future contracts. The clause contractually prohibits the re-exportation of certain sensitive goods and technology to Belarus or for use in Belarus. EU operators that sell battlefield goods and similar products to third countries are required to implement due diligence mechanisms capable of identifying, assessing and mitigating the risk of re-exportation to Russia. The Council also prohibited the transit of certain dual-use goods and technologies through Belarus, and also required EU parent companies to use best efforts to ensure that third-country subsidiaries do not engage in actions that EU sanctions are designed to prevent.
The new sanctions also include measures that protect EU operators. The new measures enable EU operators to be compensated for damages caused by Belarusian persons linked to sanctions implementation and expropriation.
Council of the EU Press Release| European Commission Press Release |Council Decision (CFSP) 2024/1864 | Council Regulation (EU) 2024/1865