Why there are EU sanctions against Belarus:
In September 2004, the Council of the European Union decided to impose travel restrictions on certain officials in Belarus who were suspected of being involved in the disappearances of four people in 1999 and 2000. In December of the same year, the measures were extended to cover persons responsible for irregularities and serious human rights violations, in the form of attacks on peaceful demonstrators, during the parliamentary elections and referendum in the country in October 2004.
After the presidential elections in Belarus in March 2006, the Council of the European Union decided to also impose a visa ban on the Belarusian leaders and officials, including President Lukashenko, who were responsible for the violations of international electoral standards and for the crackdown on civil society and the democratic opposition. In May of the same year, the EU also decided to freeze the assets of a large number of Belarusian officials.
To encourage reforms and facilitate the EU's critical dialogue with Belarus – and following the release of the last internationally recognised political detainees – the EU foreign ministers decided in October 2008 to temporarily suspend the travel restrictions on a number of Belarusian representatives, including President Lukashenko. However, this suspension did not apply to the persons who were suspected of having been involved in the political disappearances in 1999 and 2000, nor did it apply to the chair of the Belarusian Central Electoral Commission. The suspension, which was combined with a strengthened engagement policy aimed at promoting democratic reforms, applied until autumn 2010.
On 19 December 2010, presidential elections were held in Belarus and came under strong criticism from the OSCE's election observation mission. The elections were followed by demonstrations, which were brutally crushed during election night by the Belarusian authorities. Over 600 people were detained, including seven presidential candidates. The disproportionate violence used against the opposition, independent media and representatives of civil society was strongly condemned by the international community. As a consequence of this, the Council of the European Union decided in January 2011 to revoke the suspension of travel restrictions for all persons on the list and impose targeted travel restrictions and an assets freeze against a number of persons responsible for electoral fraud and reprisals against the opposition in connection with the presidential elections of 2010. In March, May, June, October and December 2011, the Council decided to expand the list of persons who were covered by the restrictions. The same year, the Council also decided to introduce an arms embargo against Belarus.
In January 2012, the Council established that the sanctions against Belarus, in addition to the grounds given above, also could include restrictions against persons, entities or bodies responsible for serious human rights violations or repression of civil society and democratic opposition, as well as natural or legal persons, entities or bodies benefiting from or supporting Lukashenko's regime. In February 2012, the Council decided that certain persons would be covered by the restrictive measures based on some of these new grounds and, in March 2012, additional persons and entities were added.
On 15 October 2012, the Council decided to extend the sanctions against Belarus to 31 October 2013 in light of the unimproved situation regarding democracy, human rights and the rule of law and because the parliamentary elections on 23 September 2012 were not held in accordance with international standards.
Today, around 275 persons and entities are covered by targeted sanctions in the form of travel restrictions and freezing of assets. The Council will continue to consider amendments to the lists of persons covered by the sanctions, based on political developments in Belarus.
And what they entiail:
1. Arms embargo, etc.
It is prohibited to sell, supply, transfer or export to Belarus arms and similar equipment as well as equipment that might be used for internal repression. It is also prohibited to provide technical or financial assistance related to such products. There are certain exceptions with regard to, for example, equipment for EU and UN crisis management operations.
2. Individually targeted restrictive measures (travel restrictions and freezing of assets)
Today, around 275 persons and entities are covered by travel restrictions and freezing of assets. The group of persons, entities and bodies who may be subject to sanctions is described in detail in the legal acts, but can be briefly summarised as follows: Persons responsible for (1) four notable disappearance cases in 1999 and 2000; (2) electoral fraud, serious human rights abuses, repression against peaceful demonstrations in connection with the parliamentary elections and referendum in October 2004; (3) electoral fraud and repressive measures against the opposition and civil society in connection with the presidential election in March 2006; (4) electoral fraud and repressive measures against the opposition, civil society and the media in connection with the presidential election in December 2010; (5) serious human rights abuses, repression of civil society and political opposition in general; and (6) persons and companies benefiting from or supporting the Lukashenko regime, for example through financing.
Travel restrictions
EU Member States shall take the necessary measures to prevent those persons covered by the restrictive measures from entering into, or transiting through, their territories. Exemptions may be made when there are pressing humanitarian needs or for participation in intergovernmental meetings where a political dialogue is held that directly promotes democracy, human rights and the rule of law in Belarus. A special procedure applies to these exemptions.
Freezing of assets
All funds and economic resources belonging to, or owned, held or controlled by persons or companies covered by the restrictive measures shall be frozen within the EU. No funds or economic resources may, directly or indirectly, be made available to, or used for the benefit of, those on the list. Exemptions may be granted in certain situations for funds that are necessary to cover basic living costs.
and the regulatory underpinnings:
The sanctions are now regulated in Council Decision 2012/642/CFSP, which was adopted on 15 October 2012.
The parts of the sanctions that are regulated by EU law are regulated in Council Regulation (EC) No 765/2006 of 18 May 2006, with the amendments contained in Council Regulation (EC) No 646/2008; and Council regulations and implementation regulations (EU) No 84/2011; No 271/2011; No 505/2011; No 588/2011; No 999/2011; No 1000/2011; No 1320/2011; No 114/2012; No 170/2012; No 265/2012, No 354/2012; No 1014/2012 and No 1017/2012.
Travel restrictions and freezing of assets apply to the natural and legal persons, entities and bodies listed in the annex to Council Decision 2012/642/CFSP.
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