Council Regulation (EC) No 765/2006 of 18 May 2006 concerning restrictive measures against President Lukashenko and certain officials of Belarus

Type Regulation
Publication 2006-05-20
Last updated 2026-07-24
State In force
Department Council of the European Union
Source EUR-Lex
articles 87
Reform history JSON API
8.

Paragraphs 1 and 2 shall not apply to the provision of services which are strictly necessary to ensure access to judicial, administrative or arbitral proceedings in a Member State, or for the recognition or enforcement of a judgment or an arbitration award rendered in a Member State, provided that such provision of services is consistent with the objectives of this Regulation.

10.

The prohibitions in paragraphs 2 and 4 and the prohibitions related to commercial space-based services in paragraph 4a shall not apply to the provision of services or software necessary for public health emergencies, the urgent prevention or mitigation of an event likely to have a serious and significant impact on human health and safety or the environment, or as a response to natural disasters.

10a. The prohibitions in paragraph 4 shall not apply to the provision of software with certain uses in the banking and financial sector as listed in Annex XXVI that is necessary for the execution until 25 January 2026 of contracts concluded before 24 October 2025, or of ancillary contracts necessary for the execution of such contracts.

10b. Paragraph 5a shall not apply to the execution until 1 January 2026 of contracts concluded before 24 October 2025, or ancillary contracts necessary for the execution of such a contract.

10c. Paragraph 4c shall not apply to the execution until 25 June 2026 of contracts concluded before 24 April 2026, or ancillary contracts necessary for the execution of such contracts.

11.

By way of derogation from paragraphs 1 and 2, the competent authorities may authorise the provision of the services referred to therein, under such conditions as they deem appropriate, after having determined that those services are strictly necessary for the setting-up, certification or evaluation of a firewall which:

  • (a) removes the control by a natural or legal person, entity or body listed in Annex I over the assets of a non-listed legal person, entity or body incorporated or constituted under the law of a Member State which is owned or controlled by the former; and
  • (b) ensures that no further funds or economic resources accrue to the benefit of the listed natural or legal person, entity or body.
12.

By way of derogation from the prohibitions related to software in paragraph 4 and from the prohibitions related to the provision of AI services and high-performance computing or quantum computing services in paragraph 4a, the competent authorities may authorise the provision of software and services referred to therein, under such conditions as they deem appropriate, after having determined that the software or services are strictly necessary for the contribution of Belarusian nationals to international open-source projects.

12a. By way of derogation from paragraph 2, the competent authorities may authorise the provision of services referred to therein, under such conditions as they deem appropriate, after having determined that those services are strictly necessary for the functioning of a consular or diplomatic representation of Belarus located in a Member State.

13.

By way of derogation from paragraphs 1 to 5, the competent authorities may authorise the services and software referred to therein, under such conditions as they deem appropriate, after having determined that this is necessary for:

  • (a) humanitarian purposes such as delivering or facilitating the delivery of assistance, including medical supplies, food, or the transfer of humanitarian workers and related assistance, or for evacuations;
  • (b) civil society activities that directly promote democracy, human rights or the rule of law in Belarus;
  • (c) the functioning of diplomatic and consular representations of the Union and of the Member States or partner countries in Belarus, including delegations, embassies and missions, or international organisations in Belarus enjoying immunities in accordance with international law;
  • (d) ensuring critical energy supply within the Union and the purchase, import or transport into the Union of titanium, aluminium, copper, nickel, palladium and iron ore;
  • (e) ensuring the continuous operation of infrastructures, hardware and software which are critical for human health and safety, or the safety of the environment;
  • (f) the establishment, operation, maintenance, fuel supply and retreatment and safety of civil nuclear capabilities, and the continuation of design, construction and commissioning required for the completion of civil nuclear facilities, the supply of precursor material for the production of medical radioisotopes and similar medical applications, or critical technology for environmental radiation monitoring, as well as for civil nuclear cooperation, in particular in the field of research and development;
  • (g) the provision of electronic communication services by Union telecommunication operators necessary for the operation, maintenance and security, including cybersecurity, of electronic communication services, in Belarus, in Ukraine, in the Union, between Belarus and the Union, and between Ukraine and the Union, and for data centre services in the Union;
  • (h) the exclusive use of legal persons, entities or bodies established in Belarus that are owned by, or solely or jointly controlled by, a legal person, entity or body which is incorporated or constituted under the law of a Member State, a country member of the European Economic Area, Switzerland or a partner country, as listed in Annex Vb; or
  • (i) the ongoing construction of infrastructures up to 25 m in height necessary for civil energy supply and distribution to educational and healthcare facilities.
14.

By way of derogation from paragraph 2, the competent authorities may authorise the provision of legal advisory services referred to therein, under such conditions as they deem appropriate, after having determined that this is necessary for the continuation of existing initiatives providing support to victims of natural, nuclear or chemical disasters and in the framework of international adoption procedures.

15.

The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 5a and paragraphs 11 to 14 within 2 weeks of the authorisation.

Article 1k

1.

It shall be prohibited to directly or indirectly make or be part of any arrangement to make new loans or credit with a maturity exceeding 90 days, after 29 June 2021, to:

  • (a) the Republic of Belarus, its Government, its public bodies, corporations or agencies;
  • (b) a major credit institution established in Belarus with over 50 % public ownership, or under public control, as of 1 June 2021, as listed in Annex IX;
  • (c) a legal person, entity or body established outside the Union whose proprietary rights are directly or indirectly owned for more than 50 % by an entity referred to in point (a) or (b) of this paragraph; or
  • (d) a natural or legal person, entity or body acting on behalf or at the direction of an entity referred to in point (a), (b) or (c) of this paragraph.
2.

The prohibition shall not apply to loans or credits that have a specific and documented objective to provide financing for non-prohibited imports or exports of goods and non-financial services between the Union and any third State, including the expenditure for goods and services from another third State that is necessary for executing the export or import contracts.

3.

The competent authority of a Member State may also grant, under such terms as it deems appropriate, an authorisation to make or be part of the loans or credits referred to in paragraph 1 if it has determined that:

  • (i) the activities concerned are for the purpose of providing support for the Belarusian civilian population, such as humanitarian assistance, environmental projects, and nuclear safety or the loan or credit is necessary to comply with legal or regulatory minimum reserve or similar requirements to meet solvency and liquidity criteria for financial entities in Belarus which are majority-owned by financial institutions of the Union; and
  • (ii) the activities concerned do not entail funds or economic resources being made available, directly or indirectly, to or for the benefit of a person, entity or body referred to in Article 2.

When applying the conditions under points (i) and (ii), the competent authority shall require adequate information as regards the use of the authorisation granted, including information concerning the purpose of, and the counterparts to, the activities concerned.

The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under this Article within two weeks of the authorisation.

Article 1l

1.

It shall be prohibited to provide insurance or re-insurance to:

  • (i) the Republic of Belarus, its Government, its public bodies, corporations or agencies; or
  • (ii) any natural or legal person, entity or body acting on behalf or at the direction of a legal person, entity or body referred to in point (i).
2.

The prohibitions in paragraph 1 shall not apply to the provision of compulsory or third party liability insurance to Belarusian persons, entities or bodies where the risk insured is situated in the Union or to the provision of insurance for Belarusian diplomatic or consular missions in the Union.

Article 1m

It shall be prohibited to participate, knowingly and intentionally, in activities the object or effect of which is to circumvent prohibitions in this Regulation, including by participating in such activities without deliberately seeking that object or effect but being aware that the participation may have that object or effect and accepting that possibility.

Article 1n

In addition to the prohibitions set out in Article 1k, the European Investment Bank (EIB) shall:

  • (a) be prohibited from making any disbursement or payment under or in connection with any existing agreements entered into between the Republic of Belarus or any public authority thereof and the EIB; and
  • (b) suspend all existing Technical Assistance Service Contracts relating to projects financed under the agreements referred to in point (a), and which are intended for the direct or indirect benefit of the Republic of Belarus or any public authority thereof to be performed in Belarus.

Article 1o

1.

It shall be prohibited:

  • (a) to import, directly or indirectly, wood products as listed in Annex X into the Union if they:
  • (i) originate in Belarus; or
  • (ii) have been exported from Belarus;
  • (b) to purchase, directly or indirectly, wood products as listed in Annex X which are located in or which originated in Belarus;
  • (c) to transport wood products as listed in Annex X if they originated in Belarus or are being exported from Belarus to any other country;
  • (d) to provide, directly or indirectly, technical assistance, brokering services, financing or financial assistance, including financial derivatives, as well as insurance and re-insurance, related to the prohibitions in points (a), (b) and (c).

Article 1p

1.

It shall be prohibited:

  • (a) to import, directly or indirectly, cement products as listed in Annex XI into the Union if they:
  • (i) originate in Belarus; or
  • (ii) have been exported from Belarus;
  • (b) to purchase, directly or indirectly, cement products as listed in Annex XI which are located in or which originated in Belarus;
  • (c) to transport cement products as listed in Annex XI if they originated in Belarus or are being exported from Belarus to any other country;
  • (d) to provide, directly or indirectly, technical assistance, brokering services, financing or financial assistance, including financial derivatives, as well as insurance and re-insurance, related to the prohibitions in points (a), (b) and (c).

Article 1q

1.

It shall be prohibited:

  • (a) to import, directly or indirectly, iron and steel products as listed in Annex XII into the Union if they:
  • (i) originate in Belarus; or
  • (ii) have been exported from Belarus;
  • (b) to purchase, directly or indirectly, iron and steel products as listed in Annex XII which are located in or which originated in Belarus;
  • (c) to transport iron and steel products as listed in Annex XII if they originated in Belarus or are being exported from Belarus to any other country;
  • (d) to provide, directly or indirectly, technical assistance, brokering services, financing or financial assistance, including financial derivatives, as well as insurance and re-insurance, related to the prohibitions in points (a), (b) and (c).

Article 1r

1.

It shall be prohibited:

  • (a) to import, directly or indirectly, rubber products as listed in Annex XIII into the Union if they:
  • (i) originate in Belarus; or
  • (ii) have been exported from Belarus;
  • (b) to purchase, directly or indirectly, rubber products as listed in Annex XIII which are located in or which originated in Belarus;
  • (c) to transport rubber products as listed in Annex XIII if they originated in Belarus or are being exported from Belarus to any other country;
  • (d) to provide, directly or indirectly, technical assistance, brokering services, financing or financial assistance, including financial derivatives, as well as insurance and re-insurance, related to the prohibitions in points (a), (b) and (c).

Article 1ra

1.

It shall be prohibited to purchase, import, or transfer into the Union, directly or indirectly, goods which allow Belarus to diversify its sources of revenue, thereby enabling its involvement in the Russian aggression against Ukraine, as listed in Annex XXVII, if they originate in Belarus or are exported from Belarus.

2.

It shall be prohibited to:

  • (a) provide technical assistance, brokering services or other services related to the goods and technology referred to in paragraph 1 and to the provision, manufacture, maintenance and use of those goods and technology, directly or indirectly in relation to the prohibition in paragraph 1;
  • (b) provide financing or financial assistance related to the goods and technology referred to in paragraph 1 for any purchase, import or transfer of those goods and technology, or for the provision of related technical assistance, brokering services or other services, directly or indirectly in relation to the prohibition in paragraph 1.
3.

The prohibition in paragraph 1 shall not apply to purchases in Belarus which are necessary for the functioning of diplomatic and consular representations of the Union and of the Member States, including delegations, embassies and missions, or for the personal use of nationals of Member States and their immediate family members.

4.

The competent authorities of a Member State may allow the import of goods which are intended for the strict personal use of natural persons travelling to the Union or of their immediate family members, limited to personal effects owned by those individuals and which are manifestly not intended for sale.

5.

The competent authorities may authorise, under such conditions as they deem appropriate, the entry into the Union of a vehicle falling under CN code 8703 not intended for sale and owned by:

  • (a) a citizen of a Member State or an immediate family member who is resident in Belarus and is driving the vehicle into the Union for strict personal use; or
  • (b) a citizen of Belarus holding a valid visa or residence permit allowing entry into the Union, who is driving the vehicle into the Union for strict personal use.
6.

The prohibition in paragraph 1 shall not apply to the entry into the Union of motor vehicles falling under CN code 8703 provided that they have a diplomatic vehicle registration plate and are necessary for the functioning of diplomatic and consular representations, including delegations, embassies and missions, or of international organisations enjoying immunities in accordance with international law, or for the personal use of their staff and their immediate family members.

7.

The prohibition in paragraph 1 shall not prevent vehicles already in the territory of the Union on 1 July 2024 from being registered in a Member State.

8.

The prohibition in paragraph 1 shall not apply to the entry into the Union of a vehicle falling under CN code 8703 intended exclusively for humanitarian purposes, including for the evacuation or repatriation of persons, or transporting passengers who hold a certificate issued by a Member State attesting to the fact that they are travelling to that Member State in the framework of initiatives providing support to victims of natural, nuclear or chemical disasters.

9c. As of 26 January 2026 until 31 December 2026, the prohibitions in paragraphs 1 and 2 shall not apply to the purchase or import to Hungary of goods falling under CN code 2901 10 00 originating in Belarus or exported from Belarus, provided that the goods are intended for exclusive use in Hungary.

9d. Goods falling under CN code 2901 10 00 imported to Hungary following the exemption in paragraph 9c shall not be sold on to buyers located in another Member State or in a third country.

9e. With regard to the goods falling under CN codes 2501, 2517, 2522, 2530, 2620, 2815, 2833, 2916, 2926, 4016, 7403, 7404, 7406 and 7610, the prohibitions in paragraphs 1 and 2 shall not apply to the execution until 25 July 2026 of contracts concluded before 24 April 2026, or of ancillary contracts necessary for the execution of such contracts.

9f. With regard to the goods falling under CN codes 3803, 7006, 7008, 7009, 7011, 7013, 7014, 7017, 7018, 7020, 8707 and 8708, the prohibitions in paragraphs 1 and 2 shall not apply to the execution until 25 October 2026 of contracts concluded before 24 July 2026, or of ancillary contracts necessary for the execution of such contracts.

10.

By way of derogation from paragraphs 1 and 2, the competent authorities may authorise the purchase, import or transfer of the goods listed in Annex XXVII, or the provision of related technical and financial assistance, under such conditions as they deem appropriate, after having determined that this is necessary for the establishment, operation, maintenance, fuel supply and retreatment and safety of civil nuclear capabilities, and the continuation of design, construction and commissioning required for the completion of civil nuclear facilities, the supply of precursor material for the production of medical radioisotopes and similar medical applications, or critical technology for environmental radiation monitoring, as well as for civil nuclear cooperation, in particular in the field of research and development.

11.

By way of derogation from paragraphs 1 and 2, the competent authorities may authorise, under such conditions as they deem appropriate, the import or transfer of goods that were physically located in Belarus before the relevant prohibition entered into force in respect of those goods, falling under CN codes 8471, 8523, 8536 and 9027, as listed in Annex XXVII, or the provision of related technical and financial assistance, after having determined that those goods are components of medical devices and are brought into the Union for the purpose of maintenance, repair or returning of defective components.

12.

The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraphs 10 and 11 within 2 weeks of the authorisation.

Article 1rb

1.

It shall be prohibited to purchase, import, or transfer, directly or indirectly, gold, as listed in Annex XXI if it originates in Belarus and has been exported from Belarus into the Union or to any third country after 1 July 2024.

2.

It shall be prohibited to purchase, import, or transfer, directly or indirectly the products listed in Annex XXI when processed in a third country incorporating the products prohibited in paragraph 1.

3.

It shall be prohibited to purchase, import, or transfer, directly or indirectly, gold, as listed in Annex XXII, if it originates in Belarus and it has been exported from Belarus into the Union after 1 July 2024.

4.

It shall be prohibited to:

  • (a) provide technical assistance, brokering services or other services related to the goods referred to in paragraphs 1, 2 and 3 and to the provision, manufacture, maintenance and use of those goods, directly or indirectly in relation to the prohibitions in those paragraphs; or
  • (b) provide financing or financial assistance related to the goods referred to in paragraphs 1, 2 and 3 for any purchase, import or transfer of those goods, or for the provision of related technical assistance, brokering services or other services, directly or indirectly in relation to the prohibitions in those paragraphs.
5.

The prohibitions in paragraphs 1, 2 and 3 shall not apply to gold which is necessary for the official purposes of diplomatic missions, consular posts or international organisations in Belarus enjoying immunities in accordance with international law.

6.

The prohibition in paragraph 3 shall not apply to goods as listed in Annex XXII for the personal use of natural persons travelling to the Union or members of their immediate families travelling with them, owned by those individuals and not intended for sale.

7.

By way of derogation from paragraphs 1, 2 and 3, the competent authorities may authorise the transfer or import of cultural goods which are on loan in the context of formal cultural cooperation with Belarus.

Article 1rc

1.

It shall be prohibited, as of 1 July 2024, to purchase, import, or transfer, directly or indirectly, diamonds and products incorporating diamonds, as listed in Parts A, B and C of Annex XXIX, if they originate in Belarus or have been exported from Belarus into the Union or to any third country.

2.

It shall be prohibited, as of 1 July 2024, to purchase, import, or transfer, directly or indirectly, diamonds and products incorporating diamonds, as listed in Parts A, B and C of Annex XXIX, of any origin, if they transited via the territory of Belarus.

3.

It shall be prohibited to:

  • (a) provide technical assistance, brokering services or other services related to the goods referred to in paragraphs 1 and 2, and to the provision, manufacture, maintenance and use of those goods, directly or indirectly in relation to the prohibitions in those paragraphs;
  • (b) provide financing or financial assistance related to the goods referred to in paragraphs 1 and 2 for any purchase, import or transfer of those goods, or for the provision of related technical assistance, brokering services or other services, directly or indirectly in relation to the prohibitions in those paragraphs.
4.

The prohibitions in paragraphs 1 and 2 shall not apply to goods listed in Part C of Annex XXIX for the personal use of natural persons travelling to the Union or of their immediate family members travelling with them, owned by those individuals and not intended for sale.

5.

By way of derogation from paragraphs 1 and 2, the competent authorities may authorise the transfer or import of cultural goods which are on loan in the context of formal cultural cooperation with Belarus.

Article 1s

1.

It shall be prohibited:

  • (a) to sell, supply, transfer or export, directly or indirectly, machinery as listed in Annex XIV, whether or not originating in the Union, to any person, entity or body in Belarus or for use in Belarus;
  • (b) to provide, directly or indirectly, technical assistance, brokering services, financing or financial assistance, including financial derivatives, as well as insurance and re-insurance, related to the prohibitions in point (a).

1a. The transit via the territory of Belarus of machinery as listed in Annex XIVa, exported from the Union, shall be prohibited.

2.

The prohibitions in paragraph 1 shall not apply to the sale, supply, transfer or export of the machinery referred to in paragraph 1 or to the related provision of technical and financial assistance, for non-military use and for a non-military end-user, intended for:

  • (a) humanitarian purposes, health emergencies, the urgent prevention or mitigation of an event likely to have a serious and significant impact on human health and safety or on the environment, or as a response to natural disasters;
  • (b) medical or pharmaceutical purposes;
  • (c) temporary use by news media;
  • (d) software updates;
  • (e) use as consumer communication devices;
  • (f) ensuring cyber-security and information security for natural or legal persons, entities or bodies in Belarus except for its government and undertakings directly or indirectly controlled by that government; or
  • (g) personal use of natural persons travelling to Belarus, and limited to personal effects, household effects, vehicles or tools of trade owned by those individuals and not intended for sale.

With the exception of points (f) and (g), the exporter shall declare in its customs declaration that the items are being exported under the relevant exception set out in this paragraph and shall notify the competent authority of the Member State where the exporter is resident or established of the first use of the relevant exception within 30 days from that first export.

4.

By way of derogation from paragraph 1, the competent authorities may authorise, under such conditions as they deem appropriate, the sale, supply, transfer or export of the machinery listed in Annex XIV or the provision of related technical assistance, brokering services, financing or financial assistance, including financial derivatives, as well as insurance and re-insurance, after having determined that it is intended for the diplomatic representations of the Union, Member States, and partner countries, including delegations, embassies and missions, and of international organisations enjoying immunities in accordance with international law.

4a. By way of derogation from paragraph 1, and without prejudice to the authorisation requirements pursuant to Regulation (EU) 2021/821, the competent authorities may authorise the sale, supply, transfer or export of machinery falling under CN code 8471 80 or the provision of related technical or financial assistance, for non-military use and for a non-military end-user, after having determined that such machinery or the related technical or financial assistance are intended for civilian electronic communications networks.

4b. By way of derogation from paragraph 1a, the competent authorities may authorise the transit via the territory of Belarus of goods and technology listed in Annex XIVa, after having determined that such goods or technology are necessary for:

  • (a) medical or pharmaceutical purposes, or for humanitarian purposes, such as delivering or facilitating the delivery of assistance, including medical supplies, food, or the transfer of humanitarian workers and related assistance or for evacuations;
  • (b) the exclusive use and under the full control of the authorising Member State and in order to fulfil its maintenance obligations in areas which are under a long-term lease agreement between that Member State and Belarus; or
  • (c) the establishment, operation, maintenance, fuel supply and retreatment and safety of civil nuclear capabilities, and the continuation of design, construction and commissioning required for the completion of civil nuclear facilities, the supply of precursor material for the production of medical radioisotopes and similar medical applications, or critical technology for environmental radiation monitoring, as well as for civil nuclear cooperation, in particular in the field of research and development.
5.

The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraphs 4 and 4a within 2 weeks of the authorisation.

Article 1sa

1.

It shall be prohibited to sell, supply, transfer or export, directly or indirectly, goods and technology suited for use in aviation or the space industry, as listed in Annex XVII, whether or not originating in the Union, to any natural or legal person, entity or body in Belarus or for use in Belarus.

1a. The transit via the territory of Belarus of goods and technology suited for use in aviation or the space industry, as listed in Annex XVII, exported from the Union, shall be prohibited.

2.

It shall be prohibited to provide insurance and reinsurance, directly or indirectly, in relation to goods and technology listed in Annex XVII to any person, entity or body in Belarus or for use in Belarus.

3.

It shall be prohibited to provide any one or any combination of the following activities: overhaul, repair, inspection, replacement, modification or defect rectification of an aircraft or component, with the exception of pre-flight inspection, in relation to the goods and technology listed in Annex XVII, directly or indirectly, to any natural or legal person, entity or body in Belarus or for use in Belarus.

4.

It shall be prohibited to:

  • (a) provide technical assistance, brokering services or other services related to the goods and technology referred to in paragraph 1 and to the provision, manufacture, maintenance and use of those goods and technology, directly or indirectly to any natural or legal person, entity or body in Belarus or for use in Belarus;
  • (b) provide financing or financial assistance related to the goods and technology referred to in paragraph 1 for any sale, supply, transfer or export of those goods and technology, or for the provision of related technical assistance, brokering services or other services, directly or indirectly to any natural or legal person, entity or body in Belarus or for use in Belarus; or
  • (c) sell, license or transfer in any other way intellectual property rights or trade secrets as well as to grant rights to access or re-use any material or information protected by means of intellectual property rights or constituting trade secrets related to the goods and technology referred to in paragraph 1 and to the provision, manufacture, maintenance and use of those goods and technology, directly or indirectly to any natural or legal person, entity or body in Belarus or for use in Belarus.
6.

By way of derogation from paragraphs 1 and 4, the national competent authorities may authorise, under such conditions as they deem appropriate, the execution of an aircraft financial lease concluded before 5 August 2023 after having determined that:

  • (a) it is strictly necessary to ensure lease re-payments to a legal person, entity or body incorporated or constituted under the law of a Member State which does not fall under any of the restrictive measures provided for in this Regulation; and
  • (b) no economic resources will be made available to the Belarusian counterpart, with the exception of the transfer of ownership of the aircraft after full reimbursement of the financial lease.

6a. By way of derogation from paragraphs 1 and 4, the competent authorities may authorise, under such conditions as they deem appropriate, the sale, supply, transfer or export of the goods listed in Annex XVII, or related technical assistance, brokering services, financing or financial assistance, after having determined that it is necessary for the production of titanium goods required in the aeronautic industry for which no alternative supply is available.

6b. By way of derogation from paragraph 4, the competent authorities may authorise, under such conditions as they deem appropriate, the provision of technical assistance, related to the use of the goods and technology referred to in paragraph 1, after having determined that the provision of such technical assistance is necessary for avoiding collision between satellites, or their unintended re-entry into the atmosphere.

7.

By way of derogation from paragraphs 1 and 4, the competent authorities may authorise, under such conditions as they deem appropriate, the sale, supply, transfer or export of the goods falling under CN codes 8517 71 00 , 8517 79 00 and 9026 00 00 listed in Annex XVII, or related technical assistance, brokering services, financing or financial assistance, after having determined that it is necessary for medical or pharmaceutical purposes, or for humanitarian purposes, such as delivering or facilitating the delivery of assistance, including medical supplies, food, or the transfer of humanitarian workers and related assistance or for evacuations.

When deciding on requests for authorisations for medical, pharmaceutical or humanitarian purposes in accordance with this paragraph, the national competent authorities shall not grant an authorisation for exports to any natural or legal person, entity or body in Belarus or for use in Belarus, if they have reasonable grounds to believe that the goods might have a military end-use.

7a. By way of derogation from paragraph 1a, the competent authorities may authorise the transit via the territory of Belarus of goods and technology suited for use in aviation or the space industry, as listed in Annex XVII, after having determined that such goods or technology are intended for the purposes set out in paragraphs 6a, 6b and 7.

7b. By way of derogation from paragraph 1, the competent authorities may authorise the sale, supply, transfer or export of the goods listed in Annex XVII, if the goods are intended for the exclusive use and under the full control of the authorising Member State and in order to fulfil its maintenance obligations in areas which are under a long-term lease agreement between that Member State and Belarus.

8.

The Member State concerned shall inform the other Member States and the Commission of any authorisations granted under this Article within two weeks of the authorisation.

9.

The prohibition in paragraph 1 shall be without prejudice to Articles 1e(4), point (b), and 1f(4), point (b).

10.

The prohibition in paragraph 4, point (a), shall not apply to the exchange of information aimed at establishing technical standards in the framework of the International Civil Aviation Organization in relation to goods and technology referred to in paragraph 1.

Article 1t

1.

It shall be prohibited to provide public financing or financial assistance for trade with, or investment in, Belarus.

2.

The prohibition in paragraph 1 shall not apply to:

  • (a) binding financing or financial assistance commitments established prior to 10 March 2022; or
  • (c) the provision of public financing or financial assistance for trade in food, and for agricultural, medical or humanitarian purposes.
3.

By way of derogation from paragraph 1, the competent authorities may authorise, under such conditions as they deem appropriate, the provision of public financing or financial assistance up to the total value of EUR 10 000 000 per project benefiting small and medium-sized enterprises established in the Union.

4.

The Member State or Member States concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 3 within 2 weeks of the authorisation.

Article 1u

1.

It shall be prohibited to accept any deposits from Belarusian nationals or natural persons residing in Belarus, or legal persons, entities or bodies established in Belarus or a legal person, entity or body established outside the Union and whose proprietary rights are directly or indirectly owned for more than 50 % by Belarusian nationals or natural persons residing in Belarus, if the total value of deposits of the natural or legal person, entity or body per credit institution exceeds EUR 100 000 .

2.

It shall be prohibited to provide, directly or indirectly, the following services to Belarusian nationals or natural persons residing in Belarus, or to legal persons, entities or bodies established in Belarus:

  • (a) crypto-asset services, as defined in Regulation (EU) 2023/1114;
  • (b) issuing of payment instruments, acquiring of payment transactions, or payment initiation services, as defined in Directive (EU) 2015/2366;
  • (c) issuing of electronic money, as defined in Directive 2009/110/EC of the European Parliament and of the Council ([^E0010]).
3.

It shall be prohibited, as from 26 March 2025, to allow Belarusian nationals or natural persons residing in Belarus to directly or indirectly own or control, or to hold any posts in the governing bodies of, a legal person, entity or body which is incorporated or constituted under the law of a Member State and is providing crypto-asset wallet, account or custody services. As from 25 August 2026, that prohibition shall also apply to the case of a legal person, entity or body which is incorporated or constituted under the law of a Member State and is providing any other crypto-asset services, as defined in Regulation (EU) 2023/1114.

4.

Paragraphs 1, 2 and 3 shall not apply to nationals of a Member State, of a country member of the European Economic Area or of Switzerland, or to natural persons having a temporary or permanent residence permit in a Member State, in a country member of the European Economic Area or in Switzerland.

Article 1v

1.

By way of derogation from Article 1u(1) and (2), the competent authorities may authorise the acceptance of such a deposit or the provision of such a service, under such conditions as they deem appropriate, after having determined that the acceptance of such a deposit or the provision of such a service is:

  • (a) necessary to satisfy the basic needs of natural or legal persons, entities or bodies referred to in Article 1u(1) and their dependent family members, including payments for food, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges;
  • (b) intended exclusively for the payment of reasonable professional fees or the reimbursement of incurred expenses associated with the provision of legal services;
  • (c) necessary for extraordinary expenses, provided that the relevant competent authority has notified the competent authorities of the other Member States and the Commission of the grounds on which it considers that a specific authorisation should be granted, at least 2 weeks prior to the authorisation;
  • (d) necessary for official purposes of a diplomatic mission or consular post or international organisation;
  • (e) intended exclusively for the payment of fees or service charges for the routine holding or maintenance of frozen funds or economic resources; or
  • (f) necessary for non-prohibited cross-border trade in goods and services between the Union and Belarus.

1a. The prohibition in Article 1u(2), points (b) and (c), shall not apply to the provision of personalised security credentials necessary to access an account with a credit institution or an electronic money institution established in a Member State or a country as listed in Annex Vba.

1b. By way of derogation from Article 1u(2), points (b) and (c), the competent authorities may authorise the provision of such a service, under such conditions as they deem appropriate, after having determined that to do so is necessary for the exclusive use of legal persons, entities or bodies established in Belarus that are owned by, or solely or jointly controlled by, a legal person, entity or body which is incorporated or constituted under the law of a Member State or a country as listed in Annex Vba.

2.

The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 1, point (a), (b), (d), (e) or (f), and paragraph 1b within two weeks of the authorisation.

Article 1w

1.

By way of derogation from Article 1u(1) and (2), the competent authorities may authorise the acceptance of such a deposit or provision of such a service, under such conditions as they deem appropriate, after having determined that the acceptance of such a deposit or provision of such a service is necessary for:

  • (a) humanitarian purposes, such as delivering or facilitating the delivery of assistance, including medical supplies, food, or the transfer of humanitarian workers and related assistance or for evacuations; or
  • (b) civil society activities that directly promote democracy, human rights or the rule of law in Belarus.
2.

The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 1 within two weeks of the authorisation.

Article 1x

1.

It shall be prohibited for Union central securities depositories to provide any services as defined in the Annex to Regulation (EU) No 909/2014 for transferable securities issued after 12 April 2022 to any Belarusian national or natural person residing in Belarus or any legal person, entity or body established in Belarus.

2.

Paragraph 1 shall not apply to nationals of a Member State or natural persons having a temporary or permanent residence permit in a Member State.

Article 1y

1.

It shall be prohibited to sell 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.

2.

Paragraph 1 shall not apply to nationals of a Member State, of a country member of the European Economic Area, or of Switzerland, or to natural persons having a temporary or permanent residence permit in a Member State, in a country member of the European Economic Area, or in Switzerland.

Article 1z

Without prejudice to the applicable rules concerning reporting, confidentiality and professional secrecy, credit institutions shall:

  • (a) supply to the national competent authority of the Member State where they are located or to the Commission by no later than 27 May 2022, a list of deposits exceeding EUR 100 000 held by Belarusian nationals or natural persons residing in Belarus, or by legal persons, entities or bodies established in Belarus. They shall provide updates regarding the amounts of such deposits every 12 months.
  • (b) supply to the national competent authority of the Member State where they are located information on deposits exceeding EUR 100 000 held by Belarusian nationals or natural persons residing in Belarus who have acquired the citizenship of a Member State or residence rights in a Member State through an investor citizenship scheme or an investor residence scheme.

Article 1za

1.

It shall be prohibited to sell, supply, transfer or export 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.

2.

The prohibition in paragraph 1 shall not apply to the sale, supply, transfer or export of banknotes denominated in any official currency of a Member State provided that such sale, supply, transfer or export is necessary for:

  • (a) the personal use of natural persons travelling to Belarus or members of their immediate families travelling with them;
  • (b) the official purposes of diplomatic missions, consular posts or international organisations in Belarus enjoying immunities in accordance with international law; or
  • (c) civil society and media activities that directly promote democracy, human rights or the rule of law in Belarus which receive public funding from the Union, Member States or countries listed in Annex Vba.

Article 1zb

1.

It shall be prohibited to engage, directly or indirectly, in any transaction with legal persons, entities or bodies listed in Annex XV or with any legal person, entity or body established in Belarus whose proprietary rights are directly or indirectly owned for more than 50 % by an entity listed in Annex XV.

1a. The prohibition in paragraph 1 shall not apply to transactions:

  • (a) that are necessary for the functioning of diplomatic and consular representations of the Union and of the Member States or of partner countries in Belarus, including delegations, embassies and missions, or international organisations in Belarus enjoying immunities in accordance with international law;
  • (b) made by nationals of a Member State who are residents of Belarus and were so before 24 February 2022;
  • (c) necessary for the export, sale, supply, transfer or transport of pharmaceutical, medical or agricultural and food products, including wheat and fertilisers, the export, sale, supply, transfer or transport of which to Belarus is allowed under this Regulation;
  • (d) strictly necessary to ensure access to judicial, administrative or arbitral proceedings in a Member State, as well as for the recognition or enforcement of a judgment or an arbitration award rendered in a Member State, provided that such transactions are consistent with the objectives of this Regulation;
  • (e) necessary for humanitarian purposes, such as delivering or facilitating the delivery of assistance, including medical supplies, food, or the transfer of humanitarian workers and related assistance or for evacuations;
  • (f) necessary for the reception of payments due by the legal persons, entities or bodies referred to in Annex XV pursuant to contracts and obligations performed before 24 April 2026;
  • (g) strictly necessary for payment of reasonable professional fees or reimbursement of incurred expenses associated with the provision of legal services; or
  • (h) that are necessary for the needs of state-funded intermediate organisations for the foreign cultural policy of the Member States in Belarus.

1b. By way of derogation from paragraph 1, the competent authorities may authorise, under such conditions as they deem appropriate, transactions which are strictly necessary for divestment from Belarus or the wind-down of business activities in Belarus.

2.

For each legal person, entity or body referred to in Annex XV, the prohibition set out in paragraph 1 shall apply as of the date mentioned for it in that Annex. The prohibition shall apply as of that same date to any legal person, entity or body established in Belarus whose proprietary rights are directly or indirectly owned for more than 50 % by an entity listed in Annex XV.

Article 1zc

1.

It shall be prohibited for any road transport undertaking established in Belarus to transport goods by road within the territory of the Union, including in transit.

1a. The prohibition in paragraph 1 shall apply to the transport of goods within the territory of the Union by road transport undertakings, carried out by means of trailers or semi-trailers registered in Belarus, including if those trailers or semi-trailers are hauled by trucks registered in other countries.

1b. It shall be prohibited for any legal person, entity or body established in the Union which is owned for 25 % or more by a Belarusian natural or legal person, entity or body to be admitted to become a road transport undertaking which transports goods by road within the territory of the Union, including in transit.

It shall be prohibited for any legal person, entity or body established in the Union before 8 April 2022 and that is already a road transport undertaking which transports goods by road within the territory of the Union, including in transit, to make any changes to its capital structure that would increase the percentage share owned by a Belarusian natural or legal person, entity or body, unless that percentage remains below 25 % following such a change.

1c. It shall be prohibited, as of 2 August 2024 for any road transport undertaking established in the Union after 8 April 2022, which is owned for 25 % or more by a Belarusian natural or legal person, entity or body to transport goods by road within the territory of the Union, including in transit.

1d. Road transport undertakings established in the Union shall, upon request of the national competent authority of the Member State where they are established, supply information on their ownership structure to that national competent authority.

2.

The prohibition in paragraph 1 shall not apply to road transport undertakings transporting mail as a universal service.

2a. Paragraphs 1b and 1c shall not apply to road transport undertakings established in the Union which are owned for 25 % or more by Belarusian nationals who are also nationals of a Member State or who have a temporary or permanent residence permit in a Member State.

4.

By way of derogation from paragraphs 1 and 1a, the competent authorities of a Member State may authorise the transport of goods by a road transport undertaking established in Belarus or any road transport undertaking when carried out by means of trailers or semi-trailers registered in Belarus, including if those trailers or semi-trailers are hauled by trucks registered in other countries, if the competent authorities have determined that such transport is necessary for:

  • (a) the purchase, import or transport into the Union of natural gas and oil, including refined petroleum products, as well as titanium, aluminium, copper, nickel, palladium and iron ore;
  • (b) the purchase, import or transport of pharmaceutical, medical, agricultural and food products, including wheat and fertilisers whose import, purchase and transport is allowed under this Regulation;
  • (c) humanitarian purposes; or,
  • (d) the functioning of diplomatic and consular representations in Belarus, including delegations, embassies and missions, or international organisations in Belarus enjoying immunities in accordance with international law.
5.

The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 4 within two weeks of the authorisation.

Article 1zd

1.

It shall be prohibited to engage, directly or indirectly, in any transaction with a natural or legal person, entity or body that seeks, or cooperates in, the enforcement outside the Union of judgments satisfying claims referred to in Article 8h(1), or with natural or legal persons, entities or bodies that own or control those legal persons, entities or bodies, with the exception of lawyers and members of the judiciary, as listed in Annex XXXIII.

2.

Unless they are otherwise prohibited, the prohibitions in paragraph 1 shall not apply to transactions that are:

  • (a) necessary for the purchase, import or transport of pharmaceutical, medical or agricultural and food products, including wheat and fertilisers, the purchase, import and transport of which is allowed under this Regulation;
  • (b) strictly necessary to ensure access to judicial, administrative or arbitral proceedings in a Member State, as well as for the recognition or enforcement of a judgment or an arbitration award rendered in a Member State, provided that such transactions are consistent with the objectives of this Regulation;
  • (c) without prejudice to point (b) of this paragraph, strictly necessary to recover damages pursuant to Article 8h.

Article 1ze

It shall be prohibited to engage, directly or indirectly, in any transaction involving the crypto-assets or central bank digital currencies listed in Annex XXXIV, or to provide any support to the development of such crypto-assets or central banks digital currencies.

Article 1zf

1.

It shall be prohibited to engage, directly or indirectly, in any transaction with a legal person, entity or body that is an entity providing crypto-assets services or is a platform enabling the exchange or transfer of crypto-assets and is established in Belarus.

2.

The prohibition in paragraph 1 shall not apply to transactions:

  • (a) that are necessary for the functioning of diplomatic and consular representations of the Union and of the Member States or of partner countries in Belarus, including delegations, embassies and missions, or international organisations in Belarus enjoying immunities in accordance with international law;
  • (b) made by nationals of a Member State who are residents of Belarus and were so before 24 February 2022.
3.

The prohibition in paragraph 1 shall apply as of 24 May 2026.

Article 2

1.

All funds and economic resources belonging to, or owned, held or controlled by the natural or legal persons, entities and bodies listed in Annex I shall be frozen.

2.

No funds or economic resources shall be made available, directly or indirectly, to or for the benefit of the natural or legal persons, entities and bodies listed in Annex I.

3.

The participation, knowingly and intentionally, in activities the object or effect of which is, directly or indirectly, to circumvent the measures referred to in paragraphs 1 and 2 shall be prohibited.

4.

Annex I shall consist of a list of the natural or legal persons, entities and bodies who, in accordance with point (a) of Article 4(1) of Council Decision 2012/642/CFSP of 15 October 2012 concerning restrictive measures against Belarus ([^E0011]), have been identified by the Council as being responsible for serious violations of human rights or the repression of civil society and democratic opposition, or whose activities otherwise seriously undermine democracy or the rule of law in Belarus, or any natural or legal persons, entities and bodies associated with them, as well as legal persons, entities or bodies owned or controlled by them.

5.

Annex I shall also consist of a list of the natural or legal persons, entities and bodies who, in accordance with point (b) of Article 4(1) of Decision 2012/642/CFSP, have been identified by the Council as benefiting from or supporting the Lukashenka regime, as well as legal persons, entities and bodies owned or controlled by them.

6.

Annex I shall also consist of a list of:

  • (a) the natural or legal persons, entities or bodies who, in accordance with Article 4(1), point (c), of Decision 2012/642/CFSP, have been identified by the Council as organising or contributing to activities by the Lukashenka regime that facilitate:
  • (i) the illegal crossing of the external borders of the Union; or
  • (ii) the transfer of prohibited goods and the illegal transfer of restricted goods, including hazardous goods, into the territory of the Union; and
  • (b) the legal persons, entities or bodies who, in accordance with Article 4(1), point (d), of Decision 2012/642/CFSP, have been identified by the Council as legal persons, entities or bodies owned or controlled by persons, entities or bodies referred to in point (a).

6a. Annex I shall also consist of a list of:

  • (a) the natural or legal persons, entities or bodies who, in accordance with Article 4(1), point (ca), of Decision 2012/642/CFSP, have been identified by the Council as responsible for, implementing, supporting, benefitting from, involved in or facilitating actions or policies attributable to the Republic of Belarus which undermine or threaten democracy, the rule of law, stability or security in the Union or in one or several of its Member States, in an international organisation or in a third country, or which undermine or threaten the sovereignty or independence of one or several of its Member States, or of a third country, through the following actions:
  • (i) planning, directing, engaging in, directly or indirectly, supporting, or otherwise facilitating the use of information manipulation and interference;
  • (ii) planning, directing, engaging in, directly or indirectly, supporting, or otherwise facilitating any actions targeted at the functioning of democratic institutions, economic activities or services of public interest, including by unauthorised entry into the territory of a Member State, including its airspace, or aimed at interfering with, damaging or destroying, including through sabotage or malicious cyber activities as part of hybrid activities, critical infrastructure;
  • (iii) planning, directing, engaging in, directly or indirectly, supporting, or otherwise facilitating or enabling widespread or systematic actions disrupting the functioning of critical infrastructure;
  • (b) the natural or legal persons, entities or bodies who, in accordance with Article 4(1), point (cb), of Decision 2012/642/CFSP, have been identified by the Council as supporting the natural or legal persons, entities or bodies engaged in activities referred to in point (a);
  • (c) the legal persons, entities or bodies who, in accordance with Article 4(1), point (e), of Decision 2012/642/CFSP, have been identified by the Council as legal persons, entities or bodies owned or controlled by persons, entities or bodies referred to in points (a) or (b).
7.

Annex I shall also consist of a list of natural or legal persons, entities or bodies, who, in accordance with Article 4(1), point (d), of Decision 2012/642/CFSP, have been identified by the Council as facilitating infringements of the prohibition against circumvention of the provisions of this Regulation or of that Decision or as otherwise significantly frustrating those provisions.

7a. Annex I shall also consist of a list of the natural or legal persons, entities or bodies who, in accordance with Article 4(1), point (da), of Decision 2012/642/CFSP, have been identified by the Council as forming part of, supporting, materially or financially, or benefiting from the military and industrial complex of Belarus, including by being involved in the development, production or supply of military technology and equipment.

8.

Annex I shall also include natural or legal persons, entities or bodies associated with the persons, entities or bodies referred to in paragraphs 5, 6, 6a(a), 7 and 7a.

Article 2a

Actions by natural or legal persons, entities or bodies shall not give rise to liability of any kind on their part, if they did not know, and had no reasonable cause to suspect, that their actions would infringe the measures set out in this Regulation.

Article 2b

1.

Annex I shall include the grounds for the listing of listed persons, entities and bodies.

2.

Annex I shall also include, where available, information necessary to identify the natural or legal persons, entities and bodies concerned. With regard to natural persons, such information may include names including aliases, date and place of birth, nationality, passport and ID card numbers, gender, address, if known, and function or profession. With regard to legal persons, entities and bodies, such information may include names, place and date of registration, registration number and place of business.

Article 3

1.

By way of derogation from Article 2, the competent authorities in the Member States, as indicated in the websites listed in Annex II, may authorise the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources, under such conditions as they deem appropriate, after having determined that the funds or economic resources are:

  • (a) necessary to satisfy the basic needs of persons listed in Annex I and their dependent family members, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges;
  • (b) intended exclusively for payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services;
  • (c) intended exclusively for payment of fees or service charges for routine holding or maintenance of frozen funds or economic resources;
  • (d) intended exclusively for:
  • (i) humanitarian purposes, including the operation of flights for the evacuation or repatriation of persons, or for initiatives providing support to victims of natural, nuclear or chemical disasters;
  • (ii) the operation of flights in the framework of international adoption procedures;
  • (iii) the operation of flights required for attending meetings with the objective of seeking a solution to the crisis in Belarus or promoting the policy objectives of the restrictive measures; or
  • (iv) an emergency landing, take-off or overflight by an EU air carrier;
  • (e) necessary to deal with critical and clearly identified air safety matters and after prior consultation of the European Union Aviation Safety Agency.
2.

By way of derogation from Article 2, the competent authorities in the Member States, as indicated in the websites listed in Annex II, may authorise the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources, under such conditions as they deem appropriate, after having determined that the funds or economic resources are necessary for extraordinary expenses, provided that the Member State concerned has notified the other Member States and the Commission of the grounds on which it considers that a specific authorisation should be granted, at least 2 weeks before the authorisation.

3.

Member States shall inform the other Member States and the Commission of any authorisation granted under paragraph 1 or 2.

Article 3a

1.

By way of derogation from Article 2(1), the competent authorities may authorise the release of certain frozen funds or economic resources, if the following conditions are met:

  • (a) the funds or economic resources are the subject of an arbitral decision rendered prior to the date on which the natural or legal person, entity or body referred to in Article 2 was listed in Annex I, or of a judicial or administrative decision rendered in the Union, or a judicial decision enforceable in the Member State concerned, prior to or after that date;
  • (b) the funds or economic resources will be used exclusively to satisfy claims secured by such a decision or recognised as valid in such a decision, within the limits set by applicable laws and regulations governing the rights of persons having such claims;
  • (c) the decision is not for the benefit of a natural or legal person, entity or body listed in Annex I; and
  • (d) recognition of the decision is not contrary to public policy in the Member State concerned.
2.

The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 1 within two weeks of the authorisation.

Article 4

1.

Article 2(2) shall not apply to the addition to frozen accounts of

  • (a) interest or other earnings on those accounts; or
  • (b) payments due under contracts, agreements or obligations that were concluded or arose prior to the date on which those accounts became subject to the provisions of this Regulation,

provided that any such interest, other earnings and payments continue to be subject to Article 2(1).

2.

Article 2(2) shall not prevent financial or credit institutions in the EU from crediting the frozen accounts, if they receive funds transferred by third parties to the account of the listed person, entity or body, provided that any additions to such accounts will also be frozen. The financial or credit institution shall inform the competent authorities about such transactions without delay.

Article 4a

By way of derogation from Article 2(1), where a payment by a natural or legal person, entity or body listed in  Annex I is due under a contract or agreement that was concluded by, or an obligation that arose for the natural or legal person, entity or body concerned before the date on which that person, entity or body had been listed, the competent authorities of the Member States, as indicated on the websites listed in Annex II, may authorise, under such conditions as they deem appropriate, the release of certain frozen funds or economic resources, provided that:

  • (i) the competent authority concerned has determined that the payment is not, directly or indirectly, to or for the benefit of a person, entity or body listed in  Annex I; and
  • (ii) the Member State concerned has, at least 2 weeks prior to the grant of the authorisation, notified the other Member States and the Commission of that determination and its intention to grant the authorisation.

Article 4b

By way of derogation from Article 2, the competent authorities in the Member States, as indicated in the websites listed in Annex II, may authorise, under such conditions as they deem appropriate, the release of certain frozen funds or economic resources or the making available of certain funds or economic resources, after having determined that the funds or economic resources are necessary for official purposes of diplomatic missions or consular posts or international organisations enjoying immunities in accordance with international law.

Article 4c

By way of derogation from Article 2, the competent authorities of a Member State may authorise the release of certain frozen funds or economic resources belonging to, owned, held or controlled by a natural or legal person, entity or body listed in Annex I, or the provision of services to such a natural or legal person, entity or body, under such conditions as they deem appropriate and after having determined that this is strictly necessary for the setting-up, certification or evaluation of a firewall which:

  • (a) removes the control by the natural or legal person, entity or body listed in Annex I over the assets of a non-listed legal person, entity or body incorporated or constituted under the law of a Member State and which is owned or controlled by the former; and
  • (b) ensures that no further funds or economic resources accrue to the benefit of the listed natural or legal person, entity or body.

Article 4d

1.

By way of derogation from Article 2 of this Regulation, and provided that the funds concerned were frozen as a result of the involvement of a legal person, entity or body listed in Annex I to this Regulation, or of a legal person owned or controlled by a legal person, entity or body listed in that Annex, acting as intermediary bank during a transfer of those funds to the Union from the Republic of Belarus, from a third country or from the Union, the competent authorities of a Member State may, under such conditions as they deem appropriate, authorise the release of certain frozen funds, after having determined that the transfer of such funds is:

  • (a) between two natural or legal persons, entities or bodies that are not listed in Annex I to this Regulation;
  • (b) carried out using accounts at credit institutions that are not listed in Annex I to this Regulation; and
  • (c) not in breach of Article 2(2) or Article 1m of this Regulation.

This paragraph shall not apply in relation to frozen funds or economic resources held by Central securities depositories within the meaning of Regulation (EU) No 909/2014.

2.

By way of derogation from Article 2 of this Regulation, and provided that the payment concerned was frozen as a result of a transfer to the Union from the Republic of Belarus, from a third country or from the Union, initiated through or from a legal person, entity or body listed in Annex I to this Regulation, or through or from a legal person owned or controlled by a legal person, entity or body listed in that Annex, the competent authorities of a Member State may, under such conditions as they deem appropriate, authorise the release of that frozen payment, after having determined that the transfer of that payment is:

  • (a) between two natural or legal persons, entities or bodies that are not listed in Annex I to this Regulation; and
  • (b) not in breach of Article 2(2) or Article 1m of this Regulation.

This paragraph shall not apply in relation to frozen funds or economic resources held by Central securities depositories within the meaning of Regulation (EU) No 909/2014.

The beneficiaries of a transfer as referred to in the first subparagraph of this paragraph shall only be nationals of a Member State, of a country member of the European Economic Area or of Switzerland, or natural persons having a temporary or permanent residence permit in a Member State, in a country member of the European Economic Area or in Switzerland.

One authorisation per applicant may be granted under this paragraph.

The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under this paragraph within one week of the authorisation.

Article 5

1.

Without prejudice to the applicable rules concerning reporting, confidentiality and professional secrecy, natural and legal persons, entities and bodies shall:

  • (a) immediately supply the competent authorities indicated in the websites listed in Annex II, in the country where they are resident or located, with any information which would facilitate compliance with this Regulation, such as accounts and amounts frozen in accordance with Article 2, and directly or indirectly supply such information to the Commission; and
  • (b) cooperate with the competent authorities indicated in the websites listed in Annex II in any verification of this information.
2.

Any information provided or received in accordance with this Article shall be used only for the purposes for which it was provided or received.

Article 6

The freezing of funds and economic resources or the refusal to make funds or economic resources available, carried out in good faith on the basis that such action is in accordance with this Regulation, shall not give rise to liability of any kind on the part of the natural or legal person or entity or body implementing it, or its directors or employees, unless it is proved that the funds and economic resources were frozen as a result of negligence.

Article 7

1.

The Member States and the Commission shall inform each other of the measures taken under this Regulation and share any other relevant information at their disposal in connection with this Regulation, in particular information in respect of:

  • (a) authorisations granted under this Regulation;
  • (b) information received under Article 1z;
  • (c) violation and enforcement problems, penalties applied for infringements of the provisions of this Regulation and judgments handed down by national courts;
  • (d) detected instances of breach, circumvention and attempts at breach or circumvention of the prohibitions set out in this Regulation including through the use of crypto-assets.
2.

The Member States shall immediately inform each other and the Commission of any other relevant information at their disposal which might affect the effective implementation of this Regulation.

Reading this document does not replace reading the official text published in the Official Journal of the European Union. We assume no responsibility for any inaccuracies arising from the conversion of the original to this format.

This text is published under EUR-Lex's own terms of reuse, not a Legalize or public-domain licence. EUR-Lex
Creative Commons Attribution 4.0 International (CC BY 4.0)
© European Union, https://eur-lex.europa.eu — Source: EUR-Lex (Publications Office of the European Union). Reused under the Creative Commons Attribution 4.0 International (CC BY 4.0) licence. Only EU legislation published in the printed Official Journal of the European Union is deemed authentic; consolidated texts are reproduced here for documentation purposes and have been reformatted to Markdown.