Here’s a breakdown of Council Regulation (EU) 2025/1472, which amends Regulation (EC) No 765/2006 concerning restrictive measures against Belarus.
**1. Essence of the Act:**
This regulation tightens existing sanctions against Belarus in response to its role in Russia’s aggression against Ukraine. It aims to prevent the circumvention of these measures, particularly through indirect exports, and broadens restrictions on trade in arms and related materials. The regulation also expands financial restrictions and introduces mechanisms to address legal challenges to the sanctions.
**2. Structure and Main Provisions:**
The regulation amends several articles of the original Regulation (EC) No 765/2006 and modifies its annexes. Key changes include:
* **Article 1aa & 1ab:** Introduces a prohibition on the purchase, import, or transfer of goods and technology listed in the Common Military List of the European Union from or to Belarus, with limited exceptions for maintenance, safety, humanitarian purposes, and protective use.
* **Article 1b:** Expands restrictions on providing technical, brokering, or financial assistance related to goods and technology listed in the Common Military List or equipment used for internal repression in Belarus.
* **Article 1bb:** Amends existing prohibitions on the sale, supply, transfer, or export of goods, with specific exceptions for certain CN codes under specific conditions and timelines.
* **Article 1f:** Introduces a requirement for prior authorization for the export of goods and technology that could contribute to Belarus’s military or technological enhancement to any third country, if there’s suspicion they may be intended for use in Belarus.
* **Article 1zb:** Broadens the prohibition on transactions with entities listed in Annex XV or entities in Belarus owned by them, with exceptions for diplomatic missions and transactions by Member State nationals residing in Belarus. Derogations for divestment from Belarus are also included.
* **Article 8d:** Prevents the recognition or enforcement in Member States of injunctions, orders, or decisions from non-Member State courts or arbitral tribunals related to investor-state dispute settlements connected to measures imposed under this regulation.
* **Article 8k:** Extends the application of the *forum necessitatis* provision to Article 8l.
* **Article 8l:** Enables Member States to recover damages incurred as a consequence of investor-State dispute settlement proceedings brought against them in connection with measures imposed under this Regulation.
* **Article 8m:** Requires Member States to raise any available objection to the recognition and enforcement of arbitral awards rendered against them in investor-State dispute settlement proceedings in connection with measures imposed under this Regulation.
* **Annexes:** The regulation updates the annexes to include additional entities subject to restrictions (Annex V), expands the list of goods and technologies that might contribute to Belarus’s military and technological enhancement (Annex Va), replaces the list of partner countries (Annex Vb), expands the list of goods that could enhance Belarusian industrial capacities (Annex XVIII), and updates the list of goods subject to transit restrictions via Belarus (Annex XIX).
**3. Main Provisions for Practical Use:**
* **Indirect Export Controls (Article 1f):** Exporters need to be aware that they may require authorization to export goods listed in Annex Va to third countries if there is a risk the goods will end up in Belarus.
* **Transaction Ban (Article 1zb):** Companies need to carefully screen their transactions to ensure they are not dealing with entities listed in Annex XV or entities owned by them.
* **Investor-State Dispute Settlement (Articles 8d, 8l, 8m):** Companies need to be aware that the EU will not recognize or enforce decisions from investor-state dispute settlements related to these sanctions and that Member States can recover damages from entities that initiate such proceedings.
* **Updated Annexes:** Businesses need to review the updated lists of restricted goods and entities in the annexes to ensure compliance.
**** This act has implications for Ukraine, as it is designed to weaken Belarus’s ability to support Russia’s war effort. It also affects Ukrainians and Ukrainian businesses that may have dealings with Belarus.
