Belarus

Initial Imposition of EU sanctions & Subsequent Amendments

EU sanctions were first imposed on Belarus in 2004 on the basis that the European Union was concerned by the disappearance of four political activists in 1999 and 2000 (2004/661/CFSP).

These initial measures were targeted against officials of the Lukashenka regime the Council deemed to be responsible for (but who failed to initiate) investigation into the disappearances, amounting to an obstruction of justice.

Restrictive measures have also been imposed against those involved in the violation of international standards of fair and free elections of 17 October 2004 (in 2006), 19 March 2006 (in 2008) and 19 December 2010 (in 2012).

UN Sanctions

There are no UN sanctions in force against Belarus. EU sanctions are imposed pursuant to the EU’s autonomous Common Foreign and Security Policy powers.

Form of the Sanctions

Travel bans

Asset freezes

Embargo on arms and material that can be used for internal repression

Criteria for Inclusion in Targeted Measures

Categories of individuals and entities targeted by the restrictive measures are:

  • Financial and other supporters of the Lukashenka regime and associated companies, entities and subsidiaries
  • Judges and prosecutors said to be involved in human rights violations (including right to a fair trial of political prisoners)
  • Military commanders said to be involved in internal repression

Provisions in Force

Council Decision 2012/642/CFSP (OJ L 285, 17 October 2012): Contains: notice to listed persons/entities bodies; arms embargo; export ban; travel restrictions; and asset freezes

Amended by Council Implementing Decision 2013/248/CFSP (OJ L 143, 30 May 2013).

Amended by Council Decision 2013/308/CFSP (OJ L 172, 25 June 2013) – specific suspension of the restrictions on admission

Amended by Council Decision 2013/534/CFSP (OJ L 288, 29 October 2013) – amendment to expiry date; list of persons subject to sanctions

Amended by Council Implementing Decision 2014/24/CFSP (OJ L 16, 20 January 2014) amendment to the list of persons subject to sanctions

Amended by Council Implementing Decision 2014/439/CFSP (OJ L 200, 9 July 2014)

Corrigendum to Council Implementing Decision 2014/24/CFSP (OJ L 297, 15 October 2014)

Amended by Council Decision 2014/750/CFSP (OJ L 311, 31 October 2014) to remove 24 individuals and 7 entities

Amended by Corrigendum to Council Implementing Decision 2014/439/CFSP (OJ L 328, 13 November 2014) to correct the identifying information for one person

Amended by Council Implementing Decision (CFSP) 2015/1142 to de-list 2 people and 4 entities and update the entries for 4 people and 3 entities

Amended by Council Implementing Decision (CFSP) 2015/1335 to de-list 24 people.

Amended by Council Decision (CFSP) 2016/276 to extend sanctions until 28 February 2017 against 4 people (170 people and 3 entities no longer subject to sanctions)

Council Regulation (EC) No 765/2006 (OJ L 134, 20 May 2006) contains: notice to listed persons/entities bodies; freezing of funds and economic resources

Amended by Council Regulation (EC) No 646/2008 (OJ L 180, 9 July 2008) additional clause on liability

Amended by Council Regulation (EU) No 84/2011 (OJ L 28, 2 February 2011) information on competent authorities

Amended by Council Regulation (EU) No 588/2011 (OJ L 161, 21 June 2011) export ban on equipment for internal repression

Amended by Council Regulation (EU) No 999/2011 (OJ L 265, 11 October 2011) exception to asset freezes

Amended by Council Regulation (EU) No 354/2012 (OJ L 113, 25 April 2012) exception to asset freezes

Amended by Council Regulation (EU) No 1014/2012 (OJ L 307, 7 November 2012) amendment to the scope of asset freezes

Amended by Council Implementing Regulation (EU) No 1017/2012 (OJ L 307, 7 November 2012)

Amended by Council Regulation (EU) No 517/2013 (OJ L 158, 13 May 2013) information on competent authorities

Amended by Council Implementing Regulation (EU) No 488/2013 (OJ L 143, 30 May 2013)

Amended by Council Implementing Regulation (EU) No 494/2013 (OJ L 143, 30 May 2013)

Amended by Council Decision 2013/308/CFSP (OJ L 172, 25 June 2013) specific suspension of the restrictions on admission

Amended by Council Implementing Regulation (EU) No 1054/2013 (OJ L 288, 29 October 2013) – list of persons and entities subject to sanctions

Amended by Council Implementing Regulation (EU) No 46/2014 (OJ L 16, 20 January 2014) – amendment to list of persons and entities subject to sanctions

Amended by Council Implementing Regulation (EU) No 740/2014 (OJ L 200, 9 July 2014)

Corrigendum to Council Implementing Regulation (EU) No 46/2014 (OJ L 299, 17 October 2014)

Amended by Council Implementing Regulation (EU) No 1159/2014 (OJ L 311, 31 October 2014) to remove 24 individuals and 7 entities

Amended by Corrigendum to Council Implementing Regulation (EU) No 740/2014 (OJ L 328, 13 November 2014) to correct the identifying information for one person

Amended by Council Implementing Regulation (EU) 2015/1133 to de-list 2 people and 4 entities and update the entries for 4 people and 3 entities

Implemented by Council Implementing Regulation (EU) 2016/276 to extend sanctions until 28 February 2017 against 4 people (170 people and 3 entities no longer subject to sanctions)

Case Law

BelTechExport v Council (Case T-438/11) (Date of lodging: 12 August 2011)

Sport-pari v Council (Case T-439/11) (Date of lodging: 12 August 2011)

BT Telecommunications v Council (Case T-440/11) (Date of lodging: 12 August 2011)

Peftiev v Council (Case T-441/11) (Date of lodging: 12 August 2011)

Ipatau v Council of the European Union (Case T-646/11) (Date of lodging: 27 June 2012)

Ternavsky v Council (Case T-163/12) (Date of lodging: 11 April 2012)

FC Dynamo-Minsk v Council (Case T-275/12) (Date of lodging: 15 June 2012)

Chyzh and Others v Council (Case T-276/12) (Date of lodging: 15 June 2012)

Mikhalchanka v Council (Case T-542/12) (Date of lodging: 18 December 2012)

Ministry of Foreign Affairs (Lithuania) v Vladimir Peftiev, BelTechExport ZAO, Sport-pari ZAO, BT Telecommunications PUE (Case C-314/13) (Date of lodging: 7 June 2013) – Request for preliminary ruling. In answering a question referred by the Lithuanian administrative court, the Court of Justice held that national governments must act in accordance with the Charter of Fundamental Rights when deciding whether to release frozen assets for legal expenses. National governments could set conditions, but could not take into account the availability or otherwise of legal aid funding in the European Court.

2 thoughts on “Belarus

  1. Pingback: EU LIFTS TRAVEL BAN ON BELARUS FOREIGN MINISTER | European Sanctions Blog

  2. Pingback: EU AMENDS REASONS FOR BELARUS SANCTIONS DESIGNATION - European Sanctions

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