Here’s a breakdown of Council Regulation (EU) 2025/1472, amending 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 via third countries. The regulation introduces stricter controls on the export and import of certain goods, expands financial restrictions, and includes measures to prevent Belarus from undermining the sanctions through investor-state dispute settlements.
**2. Structure and Main Provisions:**
The regulation amends several articles and annexes of the original Regulation (EC) No 765/2006. Key changes include:
* **Article 1aa:** Prohibits the purchase, import, or transfer of goods and technology listed in the Common Military List of the European Union into the Union if they originate in or are exported from Belarus.
* **Article 1ab:** Prohibits the sale, supply, transfer, or export of goods and technology listed in the Common Military List to any person or entity in Belarus or for use in Belarus. Derogations are provided for non-lethal military equipment intended for humanitarian purposes or protective use, subject to approval by competent authorities.
* **Article 1b:** Updates the restrictions on providing technical 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 certain goods, with specific exceptions for contracts concluded before July 20, 2025, under certain conditions.
* **Article 1f:** Introduces a mechanism requiring authorization for the export of goods and technology that could contribute to Belarus’s military or technological enhancement to third countries, if there is suspicion they may be intended for use in Belarus.
* **Article 1zb:** Expands the prohibition on transactions with entities listed in Annex XV or entities established in Belarus owned by entities in Annex XV, with exceptions for diplomatic missions and transactions by Member State nationals residing in Belarus. Derogations may be granted for divestment from or wind-down of business activities in Belarus.
* **Article 8d:** Prevents the recognition or enforcement in Member States of injunctions, orders, or decisions from courts or tribunals outside the EU 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:** Allows Member States to recover damages incurred due to investor-state dispute settlement proceedings brought against them in connection with measures imposed under this Regulation.
* **Article 8m:** Requires Member States to raise objections to the recognition and enforcement of arbitral awards rendered against them in investor-state dispute settlement proceedings related to the sanctions.
* **Annexes:** The annexes are amended to update lists of entities subject to restrictions (Annex V), goods and technologies that might contribute to Belarus’s military and technological enhancement (Annex Va), partner countries (Annex Vb), goods that could enhance Belarusian industrial capacities (Annex XVIII), and goods subject to transit restrictions via Belarus (Annex XIX).
**3. Main Provisions for Practical Use:**
* **Indirect Export Controls (Article 1f):** The requirement for authorization for exports to third countries if there’s a risk of the goods ending up in Belarus is a key measure to prevent circumvention. Exporters need to be aware of this and engage with competent authorities.
* **Transaction Ban (Article 1zb):** The expanded transaction ban affects businesses dealing with Belarusian entities, particularly those with links to entities listed in Annex XV. Due diligence is crucial to ensure compliance.
* **Investor-State Dispute Settlement (Articles 8d, 8l, 8m):** These provisions are designed to shield Member States from legal challenges and financial claims related to the sanctions, ensuring the measures’ effectiveness.
* **Updated Annexes:** Businesses need to carefully review the updated lists in the annexes to ensure they are not dealing with restricted entities or goods.
**** This act has implications to Ukraine and Ukrainians, because it is aimed to stop the Russian aggression against Ukraine.
