Belarus

Information as of: 8th June 2022

Latest Updates
UN
US In response to  to Belarus’ “support for, and facilitation of, the invasion” of Ukraine 24 Belarusian people and entities, including state-owned banks Belinvestbank and Bank Dabrabyt operating in the defence sector were designated pursuant to E.O. 14038. On the 2 March 2022 the US further expanded its export controls which imposes a “near total” ban on exports of items to both Russian and Belarusian military end users, designations of Russian and Belarusian defence entities and a ban on Russian aircraft from entering/using US airspace. On the 16 March 2022 BIS published a Final Rule to implement and extend the ban on luxury goods to include end users in Russia and Belarus which include products such as alcoholic beverages; tobacco products; beauty products and diamonds. 
EU On 24 February 2022, the EU adopted (EU) 2022/300, which expands and amends (EU) 765/2006 to include a visa ban and asset freezes of President Alexander Lukashenko and certain officials of Belarus. Likewise, on 24 February 2022, the EU adopted (CFSP) 2022/218, (EU) 2022/212 and (CFSP) 2022/307, which renews and expands 2012/642/CFSP, until 28 February 2023, to include a ban of sale, supply, of arms, an EU-wide travel ban for the listed individuals. On the 2 March 2022 pursuant of (CFSP) 2022/356 and (EU) 2022/355 which imposes a ban on any aircraft operated by Russian air carriers landing or overflying EU territory as well as restrictions on all dual-use goods and technology which might contribute to the military and technological enhancement of Belarus and the provision of services including brokering and financing/financial assistance is prohibited, including the provision of insurance/re-insurance in relation to certain machinery. A wind-down provision has been included which allows for the execution until June 4, 2022, of contracts concluded before March 2, 2022. On the 10 March 2022 the EU issued CFSP 2022/399 & EU 2022/398 which prohibits the provision of SWIFT services to named Belarusian banks. On the 8th April 2022 the EU adopted Council Regulation 2022/577 & CFSP 2022/579 which imposes further restrictive measures prohibiting the sale to Belarus of banknotes denominated in any official currency of a Member State as well as imposing further restrictive measures prohibiting road transport undertakings established in Belarus from transporting goods by road within the territory of the EU. On the 3rd June 2022 the EU adopted further Belarus sanctions  (CFSP) 2022/882, and (CFSP) 2022/881  which removes  Belinvestbank (Belarusian Bank for Development and Reconstruction) from SWIFT and further designates entities and individuals subject to export restrictions related to the military and technological enhancement of Belarus.
UK In response to the situation in Ukraine key Belarusian officials were designated under The Belarus (Sanctions) (EU Exit) Regulations 2019. On the 23rd March 2022 the UK introduced The Customs (Additional Duty) (Russia and Belarus) Regulations 2022 which denies Most Favoured Nation (MFN) entitlement for key imports originating in Russia and Belarus, including vodka and antiques, and imposing an additional 35% tariff on specified products.
Further Details
UN No
US Targeted sanctions & accompanying guidance, recently extended by the U.S. President under the National Emergencies Act (10 Jun 2016).General Licence No. 2E allowing transactions with certain entities blocked pursuant to EO 13405, effective until Oct 2018. The General License 2F extends General License 2E until 25 Oct 2019, authorising transactions with certain entities blocked pursuant to Executive Order (E.O.) 13405. This general license does not authorise the release of property blocked pursuant to E.O. 13405. All restrictive measures extended for a further year as at 13 June 2019. All restrictive measures stated under EO13405 were extended from 11 June 2020 for a further year.  Restrictions under EO 13405 were renewed again until 16 June 2022 On the 9 August 2021 OFAC introduced the "Blocking Property of Additional Persons Contributing to the Situation in Belarus”, which expands the scope of the declared national emergency EO13405 to include sectoral sanctions.  In response to  to Belarus’ “support for, and facilitation of, the invasion” of Ukraine 24 Belarusian people and entities, including state-owned banks Belinvestbank and Bank Dabrabyt operating in the defence sector were designated pursuant to E.O. 14038On the 2 March 2022 the US further expanded its export controlswhich imposes a “near total” ban on exports of items to both Russian and Belarusian military end users, designations of Russian and Belarusian defence entities and a ban on Russian aircraft from entering/using US airspace. On the 16 March 2022 BIS published a Final Rule to implement and extend the ban on luxury goods to include end users in Russia and Belarus which include products such as alcoholic beverages; tobacco products; beauty products and diamonds. 
EU Assets freeze on President Lukashenko & officials responsible for violations of international electoral standards. Reg 588/2011 (Jun 2011) amends designated entities & introduced arms embargo. Reg (EC) 765/2006 amended so that asset freeze applies to names added. Reg 2015/1948 effective 30 Oct 2015 suspends sanctions for a number of individuals, entities and bodies. Asset freeze and travel bans extended by EU Council Decision (CFSP) 2018/280 until 20 Feb 2019, though only related to four individuals. Reg (EU) 2016/276 removes sanctions against President Lukashenko (President Lukashenko re-designated 6 Nov 2020), 3 defence companies and 169 others, in relation to whom sanctions had been suspended since 31 October 2015. Restrictive measures were extended until 28 Feb 2020, under CFSP 2019/325, in respect of arms embargo and 4 SDN's. Arms embargo and asset freeze measures are renewed until 28 Feb 2021 under CFSP 2020/214Measures renewed until 28 Feb 2022 under (CFSP) 2021/353. In Oct, Nov & Dec 2020 various individuals and entities, including President Alexandr Lukashenko, were designated further to the Presidential elections and subsequent repression and intimidation of peaceful demonstrators, opposition members and journalists. The EU has introduced EU 2021/907 (amending (EC) 765/2006) a ban on the overflight of EU airspace and access to EU airports, including landing and take-off, by any aircraft operated by Belarusian air carriers, including marketing carriers; following the forced landing of a Ryanair flight in Minsk on 23 May 2021, and the detention of journalist Raman Pratasevich and Sofia Sapega. Further measures were introduced on the 24 Jun 2021 under Council Reg (EU) 2021/1030 and (CFSP) 2021/1031 which prohibits insurance and re-insurance to the Belarus government / public bodies, as well as restrictions the sale or export  of equipment intended for monitoring the internet or telephone communications; dual-use goods and technologies for military use as well as restricted access to EU capital markets, petroleum products, potassium chloride, and tobacco products. The framework also prohibits insurance and re-insurance to the Belarussian government and Belarusian public bodies and entities, however, the EU regime allows for the grandfathering of existing petroleum contracts concluded before 25 June 2021 or ancillary contracts necessary for the execution of such contracts. The EU amended the criteria for including people/entities on its Belarus sanctions list to include “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” under (EU) 2021/1985 and CFSP 2021/1990. The EU also adopted exceptions to the prohibition on providing insurance/re-insurance to the Belarusian government, its public bodies, corporations and agencies in relation to compulsory or third-party liability insurance where the risk is situated in the EU, and to the provision of insurance for Belarusian diplomatic or consular missions in the EU under (EU) 2021/1986 and CFSP2021/1989On 24 February 2022, the EU adopted (EU) 2022/300, which expands and amends (EU) 765/2006 to include a visa ban and asset freezes of President Alexander Lukashenko and certain officials of Belarus. Likewise, on 24 February 2022, the EU adopted (CFSP) 2022/218,(EU) 2022/212 and (CFSP) 2022/307, which renews and expands 2012/642/CFSP until 28 February 2023 to include a ban of sale, supply, of arms, an EU-wide travel ban for the listed individuals. On the 2 March 2022 pursuant of (CFSP) 2022/356 and (EU) 2022/355 On the 2 March 2022 pursuant of (CFSP) 2022/356 and (EU) 2022/355 which imposes a ban on any aircraft operated by Russian air carriers landing or overfly EU territory as well as restrictions on all dual-use goods and technology which might contribute to the military and technological enhancement of Belarus and the provision of services including brokering and financing/financial assistance is prohibited, including the provision of insurance/re-insurance in relation to certain machinery. A wind-down provision has been included which allows for the execution until June 4, 2022, of contracts concluded before March 2, 2022. On the 10 March 2022 the EU issued CFSP 2022/399 & EU 2022/398 which prohibits the provision of SWIFT services to named Belarusian banks. On the 3rd June 2022 the EU adopted further Belarus sanctions  (CFSP) 2022/882, and (CFSP) 2022/881  which removes  Belinvestbank (Belarusian Bank for Development and Reconstruction) from SWIFT and further designates entities and individuals subject to export restrictions related to the military and technological enhancement of Belarus.
UK The Belarus (Sanctions) (EU Exit) Regulations 2019 incorporates EU sanctions into UK law wef: 31 Dec 2020  On the 9 August 2021 OFSI extended the restrictive measures under Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2021 to include aviation measures to prevent Belarusian air carriers from overflying/landing in the UK, trade restrictions on petroleum products, interception/monitoring goods and technology, goods used in cigarette manufacturing and dual-use goods and technology and the prohibition on the purchase of Belarusian state and state-owned bank-issued transferable securities and money-market instruments, and the provision of loans. The restrictive measures also extend to the provision of insurance and reinsurance. The prohibition does not prohibit compliance with insurance and reinsurance agreements concluded before 9 August 2021. On the 14 Oct 2021 the UK adopted the Republic of Belarus (Sanctions) (EU Exit) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/1146),. The legislation revokes and replaces the Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2021 (S.I. 2021/922). The new legislation maintains the amendments made by S.I. 2021/922 as well as reinstating a prohibition on the transfer of ‘restricted technology’ that was deleted from the regime in error and corrects errors in relation to the application of exceptions for authorised conduct in the Channel Islands, Isle of Man or British Overseas Territories. On the 17th Nov 2021 the UK  adopted S.I. 2021/1257 and S.I. 2021/1256 which extends the UK’s Belarus sanctions regime to the Isle of Man and brings the update in line with the second round of amendments to the UK’s Belarus sanctions regime.  On the 17 December 2021 the UK government adopted an Order directing airport operators to refuse permission for Belarusian aircraft to land at UK airports, subject to certain exceptions under Airport Operators (Republic of Belarus (Sanctions) (EU Exit) Regulations 2019) Direction 2021. On the 23rd March 2022 the UK introduced The Customs (Additional Duty) (Russia and Belarus) Regulations 2022 which denies Most Favoured Nation (MFN) entitlement for key imports originating in Russia and Belarus, including vodka and antiques, and imposing an additional 35% tariff on specified products.
This information has been collated by the International Underwriting Association of London and is intended as a guide only. The IUA does not accept any liability for the accuracy of this information.
This publication is intended to convey only general information about sanctions legislation and associated insurance coverage. It is not, and is not intended to be, a complete statement of the law relating to this area. It should not be relied on or be used as a substitute for legal advice in relation to any particular set of circumstances. Accordingly, IUA does not accept any liability for any loss which may arise from reliance on this information.