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The prohibitions hall not apply to the sale, supply, transfer or export of the machinery referred to in paragraph 1 or to the related provision of technical and financial assistance, for non-military use and for a non-military end-user, intended for: (a) humanitarian purposes, health emergencies, the urgent prevention or mitigation of an event likely to have a serious and significant impact on human health and safety or on the environment, or as a response to natural disasters; (b) medical or pharmaceutical purposes; (c) temporary use by news media; (d) software updates; (e) use as consumer communication devices; (f) ensuring cyber-security and information security for natural or legal persons, entities or bodies in Belarus except for its government and undertakings directly or indirectly controlled by that government; (g) personal use of natural persons travelling to Belarus, and limited to personal effects, household effects, vehicles or tools of trade owned by those individuals and not intended for sale.
the competent authorities may authorise a transaction provided that it is strictly necessary to ensure the financial stability of the EU as a whole or of the Member State concerned.
The prohibitions shall not apply to the sale, supply, transfer or export of dual-use goods and technology or to the related provision of technical and financial assistance, for non-military use and for a non-military end-user, intended for: (a) humanitarian purposes, health emergencies, the urgent prevention or mitigation of an event likely to have a serious and significant impact on human health and safety or on the environment or as a response to natural disasters; (b) medical or pharmaceutical purposes; (c) temporary use by news media; (d) software updates; (e) use as consumer communication devices; (f) ensuring cyber-security and information security for natural or legal persons, entities or bodies in Belarus except for its government and undertakings directly or indirectly controlled by that government; (g) personal use of natural persons travelling to Belarus, and limited to personal effects, household effects, vehicles or tools of trade owned by those individuals and not intended for sale.
The competent authority may authorise the sale, supply, transfer or export of dual-use goods and technology or the provision of related technical or financial assistance, for non-military use and for a non-military end user, after having determined that such goods or technology or the related technical or financial assistance are intended for: (a) cooperation between the Union, the governments of Member States and the government of Belarus in purely civilian matters; (b) intergovernmental cooperation in space programmes; (c) the operation, maintenance, fuel retreatment and safety of civil nuclear capabilities, as well as civil nuclear cooperation, in particular in the field of research and development; (d) maritime safety; (e) civilian telecommunications networks, including the provision of internet services; (f) the exclusive use of entities owned, or solely or jointly controlled, by a legal person, entity or body which is incorporated or constituted under the law of a Member State or of a partner country; (g) the diplomatic representations of the Union, Member States and partner countries, including delegations, embassies and missions.
When deciding on a request for authorisation, the competent authority shall not grant an authorisation if it has reasonable grounds to believe that: (i) the end-user might be a military end-user or a natural or legal person, entity or body listed in Annex V, or that the goods might have a military end-use; (ii) the sale, supply, transfer or export of goods and technology referred to in paragraph 1, or the provision of related technical or financial assistance, is intended for aviation or the space industry.
Prohibitions does not apply to the sale, supply, transfer or export of the goods and technology referred to in paragraph 1, or to the related provision of technical and financial assistance, for non-military use and for a non-military end-user, intended for: (a) humanitarian purposes, health emergencies, the urgent prevention or mitigation of an event likely to have a serious and significant impact on human health and safety or on the environment, or as a response to natural disasters; (b) medical or pharmaceutical purposes; (c) temporary use by news media; (d) software updates; (e) use as consumer communication devices; (f) ensuring cyber-security and information security for natural or legal persons, entities or bodies in Belarus except for its government and undertakings directly or indirectly controlled by that government; (g) personal use of natural persons travelling to Belarus, and limited to personal effects, household effects, vehicles or tools of trade owned by those individuals and not intended for sale.
The competent authority may authorise the sale, supply, transfer or export of goods and technology referred to in paragraph 1 or the provision of related technical or financial assistance, for non-military use and for a non-military end-user, after having determined that such goods or technology or the related technical or financial assistance are intended for: (a) cooperation between the Union, the governments of Member States and the government of Belarus in purely civilian matters; (b) intergovernmental cooperation in space programmes; (c) the operation, maintenance, fuel retreatment and safety of civil nuclear capabilities, as well as civil nuclear cooperation, in particular in the field of research and development; (d) maritime safety; (e) civilian telecommunications networks, including the provision of internet services; (f) the exclusive use of entities owned, or solely or jointly controlled by a legal person, entity or body which is incorporated or constituted under the law of a Member State or of a partner country; (g) the diplomatic representations of the Union, Member States and partner countries, including delegations, embassies and missions.
When deciding on a request for authorisation pursuant to paragraphs 4 and 5, the competent authority shall not grant an authorisation if it has reasonable grounds to believe that: (i) the end-user might be a military end-user or a natural or legal person, entity or body listed in Annex II, or that the goods might have a military end-use; (ii) the sale, supply, transfer or export of goods and technology referred to in paragraph 1, or the provision of related technical or financial assistance, is intended for aviation or the space industry.
Shall not apply in the case of an emergency landing or an emergency overflight.
The competent authorities may authorise an aircraft to land in, take off from, or overfly, the territory of the Union if the competent authorities have determined that such landing, take-off or overflight is required for humanitarian purposes or for any other purpose consistent with the objectives of this Regulation.
From 9 April, the EU introduced an exemption to the prohibitions relating to the aviation and space industry for aircraft financial leases. Specifically, EU Member State authorities may authorise the execution of an aircraft financial lease concluded before 26 February 2022 if strictly necessary to ensure lease re-payments to an EU legal entity that is not targeted by any other EU sanctions, and provided that no economic resources will be made available to the Russian counterparty, with the exception of the transfer of ownership of the aircraft after full reimbursement of the financial lease. (COUNCIL REGULATION (EU) 2022/576 https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32022R0576&from=EN; COUNCIL DECISION (CFSP) 2022/578 https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32022D0578&from=EN)
The competent authorities may authorise, under such conditions as they deem appropriate, an investment participation in, or contribution to, projects co-financed by the Russian Direct Investment Fund, after having determined that such an investment participation or contribution is due under contracts concluded before 2 March 2022 or ancillary contracts necessary for the execution of such contracts,
Exceptions for:
– the personal use of individuals travelling to Russia or members of their immediate families travelling with them; or
– the official purposes of diplomatic missions, consular posts or international organisations in Russia,
Shall not apply to nationals of a Member State or natural persons having a temporary or permanent residence permit in a Member State,