Embargoed Belarus: Navigating Trade Restrictions And Sanctions

Belarus is not a fully embargoed country, but it is subject to various sanctions and restrictions by the United States and the European Union. The US has imposed sanctions on individuals and companies in Belarus, including the freezing of assets and restrictions on transactions, in response to concerns over human rights abuses, political repression, and public corruption. The EU has implemented an arms embargo on Belarus, prohibiting the supply of arms, military equipment, and equipment that could be used for internal repression. Additionally, Belarus is included in lists of embargoed or sanctioned countries by the US Bureau of Industry and Security, Directorate of Defense Trade Controls, and Office of Foreign Assets Control, indicating that certain exports and transactions may require special licenses or authorizations.

US sanctions on Belarus

The US has imposed a series of sanctions on Belarus, targeting individuals, entities, and industries. These sanctions are in response to Belarus's support for Russia's war in Ukraine, human rights abuses, and the erosion of democracy in the country. The US Department of the Treasury's Office of Foreign Assets Control (OFAC) has been at the forefront of implementing these sanctions.

Executive Order 14038 and Other Legal Frameworks:

The US sanctions on Belarus are primarily based on Executive Order 14038, which blocks the property of additional persons contributing to the situation in Belarus. This executive order was issued on August 9, 2021, and has been the basis for subsequent sanctions actions. Additionally, the legal framework for Belarus sanctions includes Executive Order 13405, the International Emergency Economic Powers Act (IEEPA), and the National Emergencies Act (NEA).

Targets of US Sanctions:

The US sanctions have targeted a range of individuals and entities in Belarus, as well as specific industries and sectors. Here are some key targets:

• Individuals and Entities Supporting Russia's War Effort: The US has sanctioned individuals and entities that provide military support and resources to Russia, including the production and transshipment of goods. This includes individuals and entities involved in sanctions evasion and revenue generation for Belarusian oligarchs connected to President Alyaksandr Lukashenka.
• Cargo Airline Companies: Belarusian cargo airline companies, such as Rada, RubiStar, and Belkanto, have been sanctioned for their involvement in transporting military personnel and supplies, as well as trafficking exotic animals.
• Defense Sector Entities: Belarusian defense sector entities, such as Joint Stock Company Plant Legmash and KB Unmanned Helicopters, have been sanctioned for producing artillery ammunition and drones for the Belarusian and Russian armed forces.
• Logistics Companies: Logistics companies like Ruzekspeditsiya LLC and VLATE Logistic LLC have been targeted for facilitating the transportation of goods, machinery, and hydrocarbons to Russia, as well as their connections to sanctioned Belarusian oligarchs.
• State-Owned Enterprises and Government Officials: The US has also targeted Belarusian state-owned enterprises and government officials, including the freezing of assets and imposing visa restrictions.
• Export Restrictions: The US has imposed sweeping export restrictions on Belarus, impacting various industries. This includes restrictions on luxury goods exports to Russia and Belarusian oligarchs.
• Human Rights Abuses and Undermining Democracy: The US has promoted accountability for human rights abuses and violations of democratic processes in Belarus. This includes targeting individuals and entities responsible for crackdowns on peaceful protesters, democratic organizations, and journalists.

Impact and Implications:

The US sanctions on Belarus have significant implications for designated individuals and entities. Their property and interests in property within the US or controlled by US persons are blocked and must be reported to OFAC. Financial institutions and other parties engaging in transactions or activities with sanctioned entities may face sanctions or enforcement actions. The overall goal of these sanctions is to hold the Lukashenka regime accountable, promote democracy, and deter further aggressive actions.

EU arms embargo

The EU arms embargo on Belarus was initially imposed in 2011 in response to the deteriorating human rights, democracy, and rule-of-law situation in the country. The embargo, enforced by the Council Decision 2011/357/CFSP and Council Regulation (EU) No 588/2011, prohibits any involvement in the supply of arms, military equipment, or equipment that might be used for internal repression to Belarus. The measures also affect Belarus's arms exports, as they prohibit entities based in the EU from providing funds or economic resources to Beltechexport, the largest military export/import company in Belarus.

The EU has extended the embargo several times, citing a lack of tangible steps taken by Belarus to respect fundamental freedoms, the rule of law, and human rights as reasons for the extensions. The embargo has been in place since 20 June 2011 and was most recently extended until 28 February 2025.

In addition to the arms embargo, the EU has also implemented other restrictive measures against Belarus. These include an asset freeze and a travel ban against four individuals connected to the unresolved disappearances of two opposition politicians, one businessman, and one journalist in 1999 and 2000. The EU introduced these measures in 2004, along with sanctions against those involved in violating international electoral standards and human rights laws and cracking down on civil society and the democratic opposition.

On 15 February 2016, the Council decided to lift sanctions against 170 individuals and three companies, acknowledging the steps taken by Belarus to improve EU-Belarus relations. However, the arms embargo and sanctions against the four individuals connected to the disappearances were maintained.

US-Belarus relations

Interstate relations between the United States and Belarus began in 1991 upon the dissolution of the Soviet Union, of which Belarus had been a part. However, the relations have since turned sour due to accusations by the United States that Belarus has been violating human rights. Belarus, in turn, has accused the United States of interfering in its internal affairs.

The United States recognized Belarusian independence on December 25, 1991. Three days later, on December 28, Belarus and the United States established diplomatic relations. The U.S. Embassy in Minsk was officially opened on January 31, 1992. Ambassador David H. Swartz, the first Ambassador to Belarus, officially assumed his post on August 25, 1992 – the first anniversary of Belarusian independence. The embassy of Belarus was opened in Washington in 1993.

Alyaksandr Lukashenka came to power through a presidential election in Belarus in 1994 that was generally considered to be free and fair. However, since that time, he has consolidated authoritarian control of the country through extensive repression and corrupt practices. In 1996, Lukashenka reacted to Western criticism of a referendum that dissolved parliament and expanded the authority of the presidency by temporarily expelling the U.S. and EU ambassadors.

In 2006, the United States implemented travel restrictions and targeted financial sanctions on nine state-owned entities and 16 individuals (including Lukashenka) after a presidential election that was neither free nor fair. In 2008, after the United States tightened sanctions due to worsening human rights abuses, Belarus again expelled the U.S. ambassador along with 30 out of 35 U.S. diplomats.

In August 2015, after Lukashenka released Belarus’ six remaining political prisoners, the United States provided limited sanctions relief by generally authorizing activities involving certain state-owned entities subject to U.S. sanctions. In 2019, the United States and Belarus announced they would exchange ambassadors as the next step in normalizing bilateral relations, and Julie Fisher, the first U.S. Ambassador to Belarus since 2008, was confirmed by the Senate on December 15, 2020.

Following the fraudulent August 2020 presidential election, in which significant election irregularities were reported, Lukashenka claimed immediate victory over popular opposition candidate Svyatlana Tsikhanouskaya. In response, Belarus erupted in massive nation-wide protests, which were met with violent repression through thousands of arrests and reports of torture of detainees. As of August 2021, the Lukashenka regime holds over 600 political prisoners. As a result of the repression and human rights abuses, the United States has imposed additional sanctions and visa restrictions on various actors implicated in the disputed election and related crackdown on civil society.

US export restrictions

The US has imposed a series of sanctions and export restrictions on Belarus in response to its involvement in Russia's invasion of Ukraine and its human rights abuses. These restrictions have been implemented by the Bureau of Industry and Security (BIS) and the Office of Foreign Assets Control (OFAC).

On April 8, 2022, the BIS made all items on the Commerce Control List (CCL) subject to export licenses when destined for Belarus. This includes broad in-country transfer controls and applies to products manufactured with US technology or tooling. The BIS has also imposed controls on a range of items subject to the Export Administration Regulations (EAR) that did not previously require export licenses when destined for Belarus. These restrictions are in addition to existing measures in place since Russia's occupation of Crimea in 2014.

The US has also targeted Belarusian revenue generators, state-owned enterprises, and government officials with sanctions. These sanctions are designed to hold the Lukashenka regime to account for its acts of repression, human rights abuses, and disregard for international norms.

In January 2024, the BIS expanded its export control restrictions under the EAR against Belarus in response to its complicity in Russia's invasion of Ukraine. The key changes included:

• Expansion of the Industry Sector Sanctions: 94 additional HTS-6 Code entries were added to Supplement No. 4, which now require a license for export, reexport, or transfer within Belarus. This supplement covers a range of industrial materials, manufacturing items, and aircraft-related items.
• Elimination of the De Minimis Carve-Out for .y '600 Series' and 9x515 Items: There is now no de minimis level for foreign-made products incorporating US-origin 9x515 or "600 series" .y items destined for Belarus. This means that even low-level military and spacecraft items remain subject to the EAR and relevant licensing requirements.
• Other Conforming Changes: The BIS made several other changes to existing export controls on Belarus, including clarifications on the scope of restricted items and the addition of new exclusions.

U.S. persons providing services in Belarus or contemplating business involving Belarus should review the prohibitions on transactions under the regulations of the U.S. Department of the Treasury, OFAC.

Human rights violations

Belarus has been criticized for its human rights violations and persecution of non-governmental organizations, independent journalists, national minorities, and opposition politicians. The country's human rights record has been described as "poor" by the UK Foreign and Commonwealth Office, and it is considered Europe's last dictatorship by Western countries.

Freedom of Expression, Association, and Assembly

The rights to freedom of expression, association, and peaceful assembly are severely restricted in Belarus. Dozens of independent journalists and bloggers have been prosecuted and imprisoned, and more than 480 websites and over 400 Telegram groups have been blocked or banned for their independent reporting. Critics of the government are routinely imprisoned, and all instances of critical free speech are prosecuted in unfair proceedings. The authorities have also stepped up the suppression of independent civil society organizations, including NGOs, lawyers' professional associations, trade unions, political groups, and religious communities.

Torture and Ill-Treatment

Torture and other forms of ill-treatment are widespread and endemic in Belarus, with perpetrators enjoying absolute impunity. There have been reports of severe beatings, horrific torture, and even deaths of detainees in custody. Demonstrators and political opponents of the government are singled out for particularly harsh treatment and jail conditions.

Unfair Trials and Abuse of the Justice System

The justice system in Belarus is systematically abused by the authorities to suppress dissent, imprison political opponents, and intimidate and silence their lawyers. Judges are biased towards the prosecution, and law enforcement agencies are widely deployed to initiate unfounded criminal and administrative procedures. Closed hearings and secret case materials are common in politically motivated cases, and lawyers are forced to sign non-disclosure agreements or face severe penalties.

Children's Rights and Migrant Rights

Children's rights are routinely violated in the context of the criminal justice system, with child protesters and bloggers being arrested, convicted in closed trials, and given custodial sentences. Migrants and refugees face pushbacks, violence, deprivation of food, water, shelter, and sanitation, and are subjected to theft and extortion by Belarusian forces.

Freedom of the Press

Belarus has been ranked below all other European countries in the Press Freedom Index by Reporters Without Borders since the 2000s. State media is subordinate to the president, and harassment and censorship of independent media are routine. Journalists have been arrested, imprisoned, and even disappeared for their work.

LGBT Rights and Religious Freedom

LGBT individuals in Belarus face widespread discrimination, and pride parades have been forbidden and raided by police on several occasions. While homosexuality was legalized in 1994, LGBT associations are unable to register and face constant interference and raids. Religious freedom is also restricted, with several religious groups facing censorship, harassment, and even violence.

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