Council Decision 2012/642/CFSP of 15 October 2012 concerning restrictive measures against Belarus

Article 2na

Any Member State shall, where applicable, take any appropriate measures to recover or be entitled to recover, in judicial proceedings before the competent courts of a Member State, any direct or indirect damages, including legal costs, incurred by that Member State as a consequence of investor-State dispute settlement proceedings brought against a Member State in connection with measures imposed under this Decision. The Member State shall, where applicable, be entitled to recover such damages from any persons, entities or bodies referred to in Article 2n(1), points (a), (b), (c) or (d), which initiated, intervened or participated in the investor-State dispute settlement or which seek to enforce any award, decision or judgment related to the investor-State dispute settlement and persons, entities or bodies that own or control any of those persons, entities or bodies.

Where applicable, the Union shall be entitled to recover any damages incurred by it under the same conditions.

Article 2nb

Member States shall raise any available objection to the recognition and enforcement of arbitral awards that were rendered against them in investor-State dispute settlement proceedings in connection with measures imposed under this Decision.

Article 2o

• (a) to import, directly or indirectly, wood products into the Union if they:
• (i) originate in Belarus; or
• (ii) have been exported from Belarus;

• (b) to purchase, directly or indirectly, wood products referred to in point (a) which are located in or which originated in Belarus;

• (c) to transport wood products referred to in point (a) 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 2p

• (a) to import, directly or indirectly, cement products into the Union if they:
• (i) originate in Belarus; or
• (ii) have been exported from Belarus;

• (b) to purchase, directly or indirectly, cement products referred to in point (a) which are located in or which originated in Belarus;

• (c) to transport cement products referred to in point (a) 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 2q

• (a) to import, directly or indirectly, iron and steel products 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 referred to in point (a) which are located in or which originated in Belarus;

• (c) to transport iron and steel products referred to in point (a) 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 2r

• (a) to import, directly or indirectly, rubber products into the Union if they:
• (i) originate in Belarus; or
• (ii) have been exported from Belarus;

• (b) to purchase, directly or indirectly, rubber products referred to in point (a) which are located in or which originated in Belarus;

• (c) to transport rubber products referred to in point (a) 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 2ra

The Union shall take the necessary measures in order to determine the relevant items covered by this paragraph.

• (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.

• (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.

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.

Article 2rb

• (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;

• (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.

Article 2rc

• (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.

Article 2s

• (a) to sell, supply, transfer or export, directly or indirectly, certain machinery, 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 referred to in paragraph 1, exported from the Union, shall be prohibited.

• (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.

3a. 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 goods and technology referred to therein, 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.

3aa. 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.

3ab. 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 to Regulation (EC) No 765/2006, 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.

3b. The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraphs 3a and 3aa within 2 weeks of the authorisation.

Article 2sa

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

• (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.

• (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 Decision; 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 and technology suited for use in aviation referred to in paragraph 1, 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.

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 the goods and technology suited for use in aviation or the space industry referred to in paragraph 1, 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 to Regulation (EC) No 765/2006 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.

Article 2t

• (a) binding financing or financial assistance commitments established prior to 10 March 2022;

• (c) the provision of public financing or financial assistance for trade in food, and for agricultural, medical or humanitarian purposes.

Article 2u

1a. 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 of the European Parliament and of the Council ([^E0004]);

• (b) issuing of payment instruments, acquiring of payment transactions, or payment initiation services, as defined in Directive (EU) 2015/2366 of the European Parliament and of the Council ([^E0005]);

• (c) issuing of electronic money, as defined in Directive 2009/110/EC of the European Parliament and of the Council ([^E0006]).

1b. 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.

• (a) necessary to satisfy the basic needs of natural or legal persons, entities or bodies referred to in paragraph 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 two 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.

4a. The prohibition in paragraph 1a, 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 IVa.

4b. By way of derogation from paragraph 1a, 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 IVa.

4c. The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 4, point (a), (b), (d), (e) or (f), and paragraph 4b within two weeks of the authorisation.

• (a) 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; or

• (b) necessary for civil society activities that directly promote democracy, human rights or the rule of law in Belarus.

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

Article 2v

Article 2w

Article 2x

• (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 to Regulation (EC) No 765/2006.

Article 2y

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; or

• (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 Decision;

• (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 Decision; or

• (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 V 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.

Article 2z

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.

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.

• (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 Decision;

• (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.

Article 2za

• (a) necessary for the purchase, import or transport of pharmaceutical, medical or agricultural and food products, including wheat and fertilisers, whose purchase, import and transport of which is allowed under this Decision;

• (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 Decision;

• (c) without prejudice to point (b) of this paragraph, strictly necessary to recover damages pursuant to Article 8h of Regulation (EC) No 765/2006.

Article 2zb

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

Article 2zc

• (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.

Article 3

• (a) are 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, and any person associated with them;

• (b) benefit from or support the Lukashenka regime;

• (c) organise or contribute 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 a Member State;

• (ca) are 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;

• (cb) are natural persons supporting the persons engaged in activities referred to in point (ca);

• (d) form part of, support, materially or financially, or benefit from, the military and industrial complex of Belarus, including by being involved in the development, production or supply of military technology and equipment;

• (e) are facilitating infringements of the prohibition against circumvention of the provisions of this Decision or otherwise significantly frustrating those provisions; or

• (f) are natural persons associated with persons referred to in points (b), (c), (ca), (d) or (e).

• (a) as a host country of an international intergovernmental organisation;

• (b) as a host country to an international conference convened by, or under the auspices of, the United Nations;

• (c) under a multilateral agreement conferring privileges and immunities; or

• (d) under the 1929 Treaty of Conciliation (Lateran pact) concluded by the Holy See (State of the Vatican City) and Italy.

Article 4

• (a) persons, entities or bodies 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, and any natural or legal persons, entities or bodies associated with such persons, entities or bodies;

• (b) natural or legal persons, entities or bodies benefiting from or supporting the Lukashenka regime;

• (c) natural or legal persons, entities or bodies 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 a Member State;

• (ca) natural or legal persons, entities or bodies 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;

• (cb) natural or legal persons, entities or bodies supporting the persons, entities or bodies engaged in activities referred to in point (ca);

• (d) natural or legal persons, entities or bodies facilitating infringements of the prohibition against circumvention of the provisions of this Decision or otherwise significantly frustrating those provisions;

• (da) natural or legal persons, entities or bodies 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;

• (e) legal persons, entities or bodies owned or controlled by persons, entities or bodies falling under points (a) to (da);

• (f) natural or legal persons, entities or bodies associated with the persons, entities or bodies referred to in points (b), (c), (ca), (d) or (da).

Article 5

• (a) necessary to satisfy the basic needs of any person 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 the payment of reasonable professional fees and the reimbursement of incurred expenses associated with the provision of legal services;

• (c) intended exclusively for the payment of fees or service charges for the routine holding or maintenance of frozen funds or economic resources;

• (d) necessary for extraordinary expenses, provided that the competent authority has notified the grounds on which it considers that a specific authorisation should be granted to the other competent authorities and the Commission at least two weeks prior to the authorisation;

• (e) to be paid into or from an account of a diplomatic mission or consular post or an international organisation enjoying immunities in accordance with international law, in so far as such payments are intended to be used for official purposes of the diplomatic mission or consular post or international organisation;

• (f) intended exclusively for:
• (i) humanitarian purposes, 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;
• (iv) an emergency landing, take-off or overflight by an EU air carrier; or

• (g) necessary to deal with urgent and clearly identified air safety matters and after prior consultation of the European Union Aviation Safety Agency.

Member States shall inform the other Member States and the Commission of any authorisation granted under this Article.

• (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 Common Position 2006/276/CFSP, Council Decision 2010/639/CFSP or this Decision.

and provided that any such interest, other earnings and payments continue to be subject to Article 4(1) of this Decision.

• (a) the funds or economic resources are the subject of an arbitral decision rendered prior to the date on which the person, entity or body referred to in Article 4 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.

The Member State concerned shall inform the other Member States and the Commission of any authorisations granted under this paragraph.

Article 5a

By way of derogation from Article 4, 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 5b

• (a) the goods and technologies are owned by a national of a Member State or by a legal person, entity or body which is incorporated or constituted under the law of a Member State or by 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; and

• (b) the competent authorities deciding on requests for authorisations have no reasonable grounds to believe that the goods and technologies might be for a military end-user or have a military end-use in Belarus; and

• (c) the goods and technologies concerned were physically located in Belarus before the relevant prohibitions in Articles 1b, 2c, 2d, 2db, 2e, 2ea, 2ec, 2s and 2sa entered into force in respect of those goods and technologies.

• (a) the goods are owned by a national of a Member State or by a legal person, entity or body which is incorporated or constituted under the law of a Member State or by 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; and

• (b) the goods concerned were physically located in Belarus before the relevant prohibitions in Article 2f, as far as mineral products are concerned, or in Articles 2o, 2p, 2q, 2r, 2ra and 2rb, entered into force in respect of those goods.

• (a) such services are provided to and for the exclusive benefit of the legal persons, entities or bodies resulting from the divestment; and

• (b) the competent authorities deciding on requests for authorisations have no reasonable grounds to believe that the services might be provided, directly or indirectly, to the Government of Belarus or a military end-user or have a military end-use in Belarus;

Article 5ba

• (a) between two natural or legal persons, entities or bodies that are not listed in Annex I to this Decision;

• (b) carried out using accounts at credit institutions that are not listed in Annex I to this Decision; and

• (c) not in breach of Article 4(2) or Article 2k of this Decision.

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.

• (a) between two natural or legal persons, entities or bodies that are not listed in Annex I to this Decision; and

• (b) not in breach of Article 4(2) or Article 2k of this Decision.

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 5c

Article 5d

• (a) the execution of contracts relating to goods falling under CN codes 8457 10, 8458 11, 8458 91, 8459 61, 8466 93, as listed in Annex XXX to Regulation (EC) No 765/2006;

• (b) the execution of contracts concluded before 1 July 2024 until their expiry date.

Article 6

Article 6a

• (a) as regards the Council, for preparing and making amendments to Annex I;

• (b) as regards the High Representative, for preparing amendments to Annex I.