Notice

NTI 2952: Republic of Belarus import sanctions

Updated 5 July 2022

This notice provides an overview of the import prohibitions in force on certain goods imported into the UK, including Northern Ireland, that have originated in or are consigned from the Republic of Belarus as well as other related prohibitions. It also sets out the licensing process for traders looking to import goods subject to prohibitions.

This notice should be read alongside the statutory guidance published by the Foreign, Commonwealth and Development Office (FCDO). This notice has no legal effect, and in case of conflict with the statutory guidance published by the FCDO, the statutory guidance will prevail. This document is current on the date of publication.

Import prohibitions

The Republic of Belarus (Sanctions) (EU Exit) Regulations 2019 (“Belarus Sanctions Regulations”) came fully into force on 31 December 2019.

In August 2021, The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2021 amended the Belarus Sanctions Regulations to impose a package of trade, financial and aviation sanctions on Belarus.

This amendment extends the existing import sanctions by prohibiting the import of potash and petroleum products.

On 4 July 2022, The Republic of Belarus (Sanctions) (EU Exit) (Amendment) (No. 2) Regulations 2022 amended the 2019 regulations.

This amendment extends the existing import sanctions measures by prohibiting the import of arms and related materiel and iron and steel products. It also extends the ban on certain mineral products and potash. The ban also prohibits the provision of technical assistance, financial services and funds and brokering services relating to iron and steel products and mineral products.

Regulation 27I

The import of arms and related materiel, iron and steel products, mineral products and potash, is prohibited.

The prohibition covers goods that originate in or are consigned from Belarus. This means that even if the immediate place the goods were shipped from was not Belarus, the prohibition may still apply.

These goods are:

• potash: this means any thing which falls within the following commodity codes: 31042010; 31042090; 31042050; 31052010; 31052090; 31056000; and ex. 31059020 or ex. 31059080, provided in each case that this is a fertiliser containing potassium chloride
• mineral products: this means any thing which falls within the following commodity codes: 2710; 2711; 2712; 2713; 2715; 2707
• iron and steel products: this means anything falling within the commodity codes in chapters 72 and 73
• arms and related materiel: this includes all military goods as defined in Schedule 2 of the Export Control Order 2008, and anything falling within chapter 93 of the Goods Classification table, other than military goods

There are further prohibitions that are set out in the Belarus Sanctions Regulations (as amended), including:

• Regulation 27J: the acquisition of:
  • iron and steel products
  • military goods
  • mineral products
  • potash
• Regulation 27K: the supply or delivery of:
  • iron and steel products
  • military goods
  • mineral products
  • potash
• Regulation 27L: The provision of technical assistance relating to:
  • iron and steel products
  • mineral products
  • potash
• Regulation 27M: the provision of financial services, funds or brokering services relating to:
  • iron and steel products
  • mineral products
  • potash

Exceptions

The Belarus Sanctions Regulations (as amended) also set out exceptions to the trade prohibitions.

Regulations applying in certain defined circumstances are:

• Regulation 30A concerning licences or other authorisations issued by the Channel Islands, Isle of Man, or any British overseas territory
• Regulation 31 concerning acts determined by a responsible officer to be in the interests of national security or prevention or detection of serious crime in the UK or elsewhere
• Regulation 31C concerning activity (including imports) relating to purchases in Belarus of mineral products which are required by an individual on a retail basis, for that individual’s personal use, or solely for the purposes of the performance of any humanitarian assistance activity in Belarus

An exception applies automatically and does not require you to obtain a licence for activity that falls within scope.

Trade sanctions licences

A licence is a written authorisation that permits an otherwise prohibited activity.

DIT’s Import Licensing Branch (ILB) is responsible for administering the licensing provisions on behalf of the Secretary of State for all import sanctions. DIT’s Export Control Joint Unit (ECJU) is responsible for administering all other licensing provisions for trade sanctions.

Where traders are looking to import any prohibited goods, or provide technical assistance, financial services, funds or brokering services in relation to an import of iron and steel, potash and mineral products, and where an exception does not apply, you will need to make a licence application through ILB’s Import Case Management System (ICMS). You will need to register on ICMS, if you do not already have an account, and submit an importer access request.

Please then contact Import Controls at importcontrols@trade.gov.uk with details of your proposed activity for further instruction. We will consider each application on a case-by-case basis. This is to determine whether granting a licence would be consistent with the stated purposes of the sanctions regime and any UN or other relevant international law obligations. The Secretary of State for International Trade is ultimately responsible for decisions to grant or refuse a trade sanctions licence in any individual case.

You should not assume that a licence will be granted or engage in any activities prohibited by trade sanctions until your licence has been granted. If you are unclear on any aspect of the regulations and in what cases a trade sanctions licence is required, we recommend that you seek independent legal advice in the first instance.

A licence is not required for imports or exports of non-military goods covered by sanctions between Northern Ireland and EU member states. Licences will however be required from the relevant EU member state to move items to or from the sanctioned country. You will also have to comply with any other licensing requirements under UK import or export control legislation as applicable.

Considerations for licensing

There are some specific activities that we consider likely to be consistent with the aims of the sanctions regime. These are set out below and in further detail in the statutory guidance. If you think that your proposed activity falls within one of these specific descriptions, you should make this clear and explain why you believe this to be the case in your application for a licence.

The Secretary of State for International Trade is ultimately responsible for decisions to grant or refuse a trade sanctions licence in any individual case.

Potash and mineral products

A licence may be granted for:

• the import of mineral products and the direct or indirect acquisition, supply or delivery of mineral products, where not already covered by the exceptions in Regulation 31C. This applies if the Secretary of State is satisfied that the purchase of mineral products in Belarus and their incidental supply, delivery or import, is necessary for transport of the purchaser and their passengers or goods within or through Belarus, or for power generation carried out by the purchaser

• the provision of technical assistance, brokering services, financial services or funds relating to mineral products, where not already covered by the exceptions in Regulation 31C. This applies if the Secretary of State is satisfied that the technical assistance, brokering services, financial services or funds relating to mineral products is necessary for transport of the purchaser and their passengers or goods within or through Belarus, or for power generation carried out by the purchaser

• the import of potash or mineral products if it relates to the execution of contracts concluded before 9 August 2021 or ancillary contracts necessary for the execution of such contracts

• the import, acquisition, supply or delivery of potash (goods falling under 31042050) or mineral products (goods falling under 2707) if it relates to the execution of contracts concluded before 5 July 2022 or ancillary contracts necessary for the execution of such contracts, provided the actions carried out under these contracts are completed by 30 August 2022 or as soon as possible thereafter

• the provision of technical assistance, brokering services, financial services or funds relating to mineral products (goods falling under 2707) if it relates to the execution of contracts concluded before 5 July 2022 or ancillary contracts necessary for the execution of such contracts, provided the actions carried out under these contracts are completed by 30 August 2022 or as soon as possible thereafter

Iron and steel

A licence may be granted for:

• the import, acquisition, supply or delivery, of certain iron and steel products if it relates to the execution of obligations arising from contracts concluded before 5 July 2022, or ancillary contracts necessary for the execution of such contracts, provided the actions carried out under these contracts are completed by 30 August 2022 or as soon as possible thereafter
• the provision of technical assistance, brokering services, financial services or funds relating to iron and steel products if it relates to the execution of contracts concluded before 5 July 2022 or ancillary contracts necessary for the execution of such contracts, provided the actions carried out under these contracts are completed by 30 August 2022 or as soon as possible thereafter

Military goods

A licence may be granted for:

• the import, acquisition, supply or delivery of military goods from Belarus if the goods relate to the execution of contracts concluded before 5 July 2022 or ancillary contracts necessary for the execution of such contracts, provided the actions carried out under these contracts are completed by 30 August 2022 or as soon as possible thereafter

Enforcement of trade sanctions

The Belarus Sanctions Regulations and the Customs and Excise Management Act 1979 (CEMA) make it a criminal offence to contravene trade sanctions.

Some breaches of the import sanctions prohibitions are triable either way and carry a maximum sentence on indictment of 7 years’ imprisonment or a fine (or both).

Under Regulation 31 of the Belarus Sanctions Regulations, this maximum sentence has been modified to 10 years’ imprisonment for the import of the prohibited goods, which matches the maximum penalty for breach of the other trade sanctions.

Any breach of the trade licensing provisions or information requirements in connection with general trade licences is also triable either way and carries a maximum sentence on indictment of 2 years’ imprisonment or a fine (or both). Please refer to Part 4 of the CEMA for full details.

HM Revenue and Customs (HMRC) is responsible for enforcing the licensing restrictions and investigating suspected offences.

If you discover that you have breached any of the trade prohibitions or licensing provisions, you should report the irregularity to HMRC (sometimes known as ‘voluntary disclosure’) as soon as possible.

Enquiries

For further information on the import related sanctions, contact importcontrols@trade.gov.uk.

For information on export controls:

• contact ECJU on 020 7215 4594
• email exportcontrol.help@trade.gov.uk
• subscribe to the ECJU’s notices to exporters

For specific queries on export-related trade sanctions contact tradesanctions@trade.gov.uk.

See also the notice to exporters for further information on the UK trade sanctions imposed on the Republic of Belarus.

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This notice is for information purposes only and has no force in law. Please note that where legal advice is required, importers should make their own arrangements.