Belarus Updates Law on Sanctions

Belarus has updated its law on sanctions. Law No. 109-Z of December 8, “On Amendments to Laws on the Application of Special Restrictive Measures,” was published today on the National Legal Internet Portal.

The law clarifies that the Council of Ministers has the authority to designate as objects of special restrictive measures specific states or specific individuals from among those against whom restrictive measures may be imposed, as well as to establish methods for identifying them.

Under the law, restrictive measures may be imposed against:

• foreign states committing unfriendly actions against the Republic of Belarus, its citizens and/or organizations;
• persons from foreign states committing unfriendly actions, including foreign individuals associated with foreign states committing unfriendly actions against the Republic of Belarus, its citizens and/or organizations (including cases where such foreign individuals hold the citizenship of those states, or where their place of registration, principal place of business activity, or primary place of profit generation is located in those states), as well as persons controlled by such foreign individuals, regardless of their place of registration or principal place of business activity.

The amendments also specify what information must be included in a decision on the application of a special restrictive measure. In addition to the grounds for its application, the specific type of measure, the objects of application, and the duration and procedure for its implementation, such decisions must now also indicate:

• measures to ensure compliance with the special restrictive measure, and the state bodies and/or other organizations authorized to implement such compliance measures (hereinafter, unless otherwise specified, authorized bodies and/or organizations), as well as their powers;
• the form and frequency of providing information on compliance with the special restrictive measure;
• the list of state bodies (organizations) responsible for monitoring compliance with the special restrictive measure and for implementing compliance measures.

The law has been supplemented with a separate article on the implementation of restrictive measures, ensuring compliance with them, and oversight. This article establishes the right of bodies and organizations authorized to implement restrictive measures to obtain, free of charge, the necessary information, including classified information.

It is also stipulated that authorized organizations from among banks and non-bank credit and financial institutions shall suspend banking operations and/or refuse to carry them out, unilaterally refuse to perform contracts for banking operations, or refuse to conclude contracts for banking operations, in accordance with the procedure established by the decision on the application of a special restrictive measure.