Council Regulation (EU) 2025/392 of 24 February 2025 amending Regulation (EC) No 765/2006 concerning restrictive measures in view of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine

‘14a By way of derogation from paragraphs 1 and 3, the competent authorities may authorise the sale, supply, transfer or export of goods falling under CN codes 8517 62 and 8523 52, 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 goods or related technical or financial assistance are intended for civilian non-publicly available electronic communications networks.’

‘15 When deciding on requests for authorisations for the purposes included in paragraphs 8, 9, 10, 12, 13, 14 and 14a, the 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.’

‘16 The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraphs 8, 9, 10, 12, 13, 14 and 14a within 2 weeks of the authorisation.’

‘3 Without prejudice to the authorisation requirements pursuant to Regulation (EU) 2021/821, the prohibitions in paragraphs 1 and 2 of this Article shall not apply to the sale, supply, transfer or export of dual-use goods and technology or to the related provision of technical and financial assistance, for non-military use and for a non-military end-user, that is 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 the environment or as a response to natural disasters; or (b) medical or pharmaceutical purposes provided that they are not listed in Annex XXX to this Regulation. The exporter shall declare in the customs declaration that the items are being exported under the relevant exemption 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 per recipient in Belarus of the relevant exemption.

3a Without prejudice to the authorisation requirements pursuant to Regulation (EU) 2021/821, the prohibition in paragraph 1a of this Article shall not apply to the transit via the territory of Belarus of dual-use goods and technology intended for the purposes set out in paragraph 3 of this Article.’

‘3b Member States shall provide for reporting requirements attached to the use of exemptions under paragraph 3 and any additional information on items exported under those exemptions that the Member State where the exporter is resident or established requires.’

‘4 By way of derogation from paragraphs 1 and 2 of this Article, 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 dual-use goods and technology 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 goods or technology or the related technical or financial assistance are intended for: (b) intergovernmental cooperation in space programmes; (c) the operation, maintenance, fuel reprocessing and safety of civil nuclear capabilities, as well as civil nuclear cooperation, in particular in the field of research and development; (d) maritime safety; (e) civilian non-publicly available electronic communications networks which are not the property of an entity that is publicly controlled or with over 50 % public ownership; (f) the exclusive use of entities owned, 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 of a partner country; (g) the diplomatic representations of the Union, Member States and partner countries, including delegations, embassies and missions; (h) ensuring cyber-security and information security for natural and legal persons, entities and bodies in Belarus except for its Government and undertakings directly or indirectly controlled by that Government; (i) software updates; (j) use as consumer communication devices; or (k) medical or pharmaceutical purposes, provided that they are listed in Annex XXX to this Regulation.

4a By way of derogation from paragraph 1a, and without prejudice to the authorisation requirements pursuant to Regulation (EU) 2021/821, the competent authorities may authorise the transit via the territory of Belarus of dual-use goods and technology after having determined that such goods or technology are intended for the purposes set out in points (b), (c), (d), (h) and (k) of paragraph 4 of this Article.’

‘7 When deciding on requests for authorisations referred to in paragraph 4 and 5, the competent authorities shall not grant an authorisation if they have reasonable grounds to believe that: (i) the end-user might be a military end-user, a natural or legal person, entity or body in Annex V, or that the goods might have a military end-use, unless the sale, supply, transfer or export of goods and technology referred to in paragraph 1 of this Article or the provision of related technical or financial assistance is allowed under Article 1fa(1b), point (a); or (ii) the sale, supply, transfer or export of goods and technology referred to in paragraph 1 of this Article or the provision of related technical or financial assistance is intended for aviation or the space industry.’

‘3 The prohibitions in paragraphs 1 and 2 shall not apply to the sale, supply, transfer or export of the goods and technology 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, that is 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 the environment or as a response to natural disasters; or (b) medical or pharmaceutical purposes provided that they are not listed in Annex XXX to this Regulation. The exporter shall declare in the customs declaration that the items are being exported under the relevant exemption 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 per recipient in Belarus of the relevant exemption

3a The prohibition in paragraph 1a shall not apply to the transit via the territory of Belarus of goods and technology which might contribute to Belarus’s military and technological enhancement or to the development of its defence and security sector, as listed in Annex Va, intended for the purposes set out in paragraph 3.’

‘3b Member States shall provide for reporting requirements attached to the use of exemptions under paragraph 3 and any additional information on items exported under those exemptions that the Member State where the exporter is resident or established requires.’

‘4 By way of derogation from paragraphs 1 and 2, the competent authorities may authorise the sale, supply, transfer or export of the goods and technology referred to in paragraph 1 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 goods or technology or the related technical or financial assistance are intended for: (b) intergovernmental cooperation in space programmes; (c) the operation, maintenance, fuel reprocessing and safety of civil nuclear capabilities, as well as civil nuclear cooperation, in particular in the field of research and development; (d) maritime safety; (e) civilian non-publicly available electronic communications networks which are not the property of an entity that is publicly controlled or with over 50 % public ownership; (f) the exclusive use of entities owned, 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 of a partner country; (g) the diplomatic representations of the Union, Member States and partner countries, including delegations, embassies and missions; (h) ensuring cyber-security and information security for natural and legal persons, entities and bodies in Belarus except for its Government and undertakings directly or indirectly controlled by that Government; (j) software updates; (k) use as consumer communication devices; or (l) medical or pharmaceutical purposes, provided that they are listed in Annex XXX to this Regulation.’

‘4b By way of derogation from paragraph 1a, the competent authorities may authorise the transit via the territory of Belarus of goods and technology which might contribute to Belarus’s military and technological enhancement or to the development of its defence and security sector, as listed in Annex Va, after having determined that such goods or technology are intended for the purposes set out in points (b), (c), (d), (h) and (l) of paragraph 4.’

‘7 When deciding on requests for authorisations referred to in paragraphs 4 and 5, the competent authorities shall not grant an authorisation if they have reasonable grounds to believe that: (i) the end-user might be a military end-user, a natural or legal person, entity or body in Annex V, or that the goods might have a military end-use, unless the sale, supply, transfer or export of goods and technology referred to in paragraph 1 of this Article or the provision of related technical or financial assistance is allowed under Article 1fa(1b), point (a); or (ii) the sale, supply, transfer or export of goods and technology referred to in paragraph 1 of this Article or the provision of related technical or financial assistance is intended for aviation or the space industry.’

‘1 It shall be prohibited to sell, supply, transfer or export, directly or indirectly, dual-use goods and technology, as well as goods and technology listed in Annex Va, whether or not originating in the Union, to any natural or legal person, entity or body listed in Annex V.’

‘1a 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 listed in Annex V; (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 listed in Annex V; or (c) sell, license or transfer in any other way intellectual property rights or trade secrets as well as 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 listed in Annex V.

1b By way of derogation from paragraphs 1 and 1a, and without prejudice to the authorisation requirements pursuant to Regulation (EU) 2021/821, the competent authorities may allow the sale, supply, transfer or export of dual-use goods and technology, as well as goods and technology as listed in Annex Va, or the provision of related technical or financial assistance only after having determined that: (a) such goods or technology or the related technical or financial assistance are necessary for 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 (b) such goods or technology or the related technical or financial assistance are due under contracts concluded before 26 February 2022, or ancillary contracts necessary for the execution of such a contract, provided that the authorisation is requested before 1 May 2022.’

‘1 The competent authorities shall, without delay, exchange information on the application of Articles 1e, 1f and 1fa with the other Member States and the Commission, including on any authorisation granted or denied and, in the event of suspected forum shopping or other cases as appropriate, on requests for authorisation received. The competent authorities shall exchange information on the enforcement of Articles 1e, 1f and 1fa with the other Member States and the Commission, including on related infringements and penalties, as well as best practices of national enforcement authorities and the detection and prosecution of unauthorised exports. The exchange of information shall be carried out using the electronic system provided for in Article 23(6) of Regulation (EU) 2021/821.’

1 It shall be prohibited to sell, supply, transfer, export or provide, directly or indirectly, software as listed in Annex XXXII, to any natural or legal person, entity or body in Belarus or for use in Belarus.

2 It shall be prohibited to: (a) provide technical assistance, brokering services or other services related to the sale, supply, transfer, export or provision of software referred to in paragraph 1, 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 sale, supply, transfer, export or provision of software referred to in paragraph 1, 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 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 sale, supply, transfer, export or provision of software referred to in paragraph 1, directly or indirectly to any natural or legal person, entity or body in Belarus or for use in Belarus.

3 The prohibitions in paragraph 1 shall not apply to the sale, supply, transfer, export or provision of software that is necessary for the execution until 26 May 2025 of contracts concluded before 25 February 2025, or of ancillary contracts necessary for the execution of such contracts.

4 By way of derogation from paragraphs 1 and 2, the competent authorities may authorise, under such conditions as they deem appropriate, the sale, supply, transfer or export and the provision of technical or financial assistance, after having determined that it is necessary for ensuring critical energy supply within the Union.

5 The Member State or Member States concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 4 within 2 weeks of the authorisation.’

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 100000.

2 It shall be prohibited to provide crypto-asset wallet, account or custody services to Belarusian nationals or natural persons residing in Belarus, or legal persons, entities or bodies established in Belarus.

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 the services referred to in paragraph 2.

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.’

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 wallet, account or custody service, under such conditions as they deem appropriate, after having determined that the acceptance of such a deposit or the provision of wallet, account or custody 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.

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) or (e), within 2 weeks of the authorisation.’

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.’

1 Natural and legal persons, entities and bodies that sell, supply, transfer or export common high priority items as listed in Annex XXX or goods as listed in Annex XXXI shall: (a) take appropriate steps, proportionately to their nature and size, to identify and assess the risks of exportation to Belarus and exportation for use in Belarus for such goods or technology, and ensure that those risk assessments are documented and kept up-to-date; (b) implement appropriate policies, controls and procedures, proportionately to their nature and size, to mitigate and manage effectively the risks of exportation to Belarus and exportation for use in Belarus for such goods or technology, whether those risks were identified at their level or at the level of the Member State or of the Union.

1a Paragraph 1 shall apply as of 2 January 2025 with regard to Annex XXX and as of 26 May 2025 with regard to Annex XXXI.

2 Paragraph 1 shall not apply to natural and legal persons, entities and bodies that sell, supply or transfer common high priority items as listed in Annex XXX or goods as listed in Annex XXXI only within the Union or to countries listed in Annex Vba.

3 Natural and legal persons, entities and bodies shall ensure that any legal person, entity or body established outside the Union that they own or control and that sells, supplies, transfers or exports common high priority items as listed in Annex XXX or goods as listed in Annex XXXI implements the requirements in points (a) and (b) of paragraph 1.

3a Paragraph 3 shall apply as of 2 January 2025 with regard to Annex XXX and as of 26 May 2025 with regard to Annex XXXI.

4 Paragraph 3 shall not apply where, due to reasons that it did not cause itself, a natural or legal person, entity or body is not able to exercise control over the legal person, entity or body that it owns.’

Any person referred to in the third or fourth indent of Article 10 shall 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 person, or by a legal person, entity or body that the person referred to in the fourth indent of Article 10 owns or controls, as a consequence of claims lodged with courts in third countries by persons, entities and bodies referred to in Article 8d(1), point (a), (b), (c) or (d), in connection with any contract or transaction the performance of which has been affected, directly or indirectly, in whole or in part, by the measures imposed under this Regulation, provided that the person concerned does not have effective access to the remedies under the relevant jurisdiction. Such damages may be recovered from the persons, entities or bodies referred to in Article 8d(1), point (a), (b),(c) or (d) that lodged the claims with the courts in the third country, or from persons, entities or bodies that own or control those entities or bodies.’

Where no court of a Member State has jurisdiction pursuant to other provisions of Union or Member State law, a court of a Member State may, on an exceptional basis, hear a claim for damages brought pursuant to Article 8h, provided that the case has a sufficient connection with the Member State of the court seised.’

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.