On July 20, 2023, the Law of the Republic of Belarus dated July 12, 2023 No. 280-З “On Applying of Special Restrictive Measures” has been published. A brief review of the Law is below.
Under special restrictive measures, the Law understands special measures of an economic nature and other countermeasures not related to the use of force or the threat of force, aimed at excluding (minimizing) the negative consequences of unfriendly actions.
The Law refers (i) foreign states that commit unfriendly actions against Belarus, its citizens and (or) organizations, (ii) individuals and legal entities from such states, and (iii) persons under their control to the objects of special restrictive measures.
The Law defines “unfriendly actions” as discriminatory actions committed by a foreign state against the national interests and security of Belarus, its sovereignty and territorial integrity, political and economic stability, rights, freedoms and legitimate interests of citizens and companies.
Types of special restrictive measures: (i) bans or restrictions on the import and supply in Belarus of certain groups of goods produced by unfriendly countries; (ii) bans or restrictions on transit of certain groups of goods from unfriendly countries; (iii) bans or restrictions on imports of works and services to Belarus; (iv) prohibitions or restrictions on the export of goods, works (services) to unfriendly countries; (v) bans or restrictions on use of the territory of Belarus, including airspace; (vi) prohibitions or restrictions on financial transactions; (vii) moratorium under foreign trade agreements for the period of validity of the circumstances that served as the basis for application of special restrictive measures.
The above restrictions are not applied to: (i) foodstuffs or other goods that are essential to the internal market of Belarus; (ii) goods, analogues of which are not produced in Belarus; (iii) goods imported for personal use; (iv) international technical assistance, humanitarian assistance and foreign gratis aid.
Prior to application of special restrictive measures, the possibility of using other mechanisms to exclude (minimize) the negative consequences of unfriendly actions (including diplomatic assistance in resolving the problem, negotiations, mediation) should be considered.
To implement a specific restrictive measure and period for its validity, the Council of Ministers resolution shall be adopted. Such resolution (if adopted) will be subject to disclosure and publishing. It means that the Law itself (without adopting a relevant resolution) does not imply mentioned restrictions for any persons.
The Law comes into force on July 31, 2023.
If you have additional questions, please contact us.
