Thread by @TomWlost

As Belarus sanctions will be high on everyone radar tomorrow and the weeks to come, perhaps it would be helpful to recall where we are today. (thread)

The principal EU act on Belarus sanctions is Council Decision 2012/642, which lays out the scheme of EU sanctions on Belarus. These sanctions had their ups and downs, but after recent presidential elections are a hot topic again and given today's events may become red hot. /1

As Council Decision provides for both EU-level measures and Member State measures, it is implemented at both EU and national level. At the EU level, it is implemented by Council Regulation 765/2006. Some of Annexes w/ listed persons are amended by Council Implementing Regs. /2

Member state measures, like ban on entry ("visa ban") and arms embargo are implemented mostly by national measures. /3

EU Belarus sanctions consist of 4 main measures:
1 arms embargo & ban on related assistance
2 ban on sales of equipment used for internal repression & related assistance
3 ban on entry of listed persons
4 asset freeze of listed person & entities

(More on listed persons later)/4

First, EU imposed an arms embargo, which bans sales, supply, transfer or export of any arms or related material on the EU Common Military List, as well as providing any technical or financial assistance or brokering or financing to such transactions. /5

Common EU Military list is here : EU Military List is here:
eur-lex.europa.eu/legal-content/… /6

Second, EU banned sales, supply, transfer or export of equipment that might be used for internal repression, as well as related technical or financial assistance, brokering or financing. /7

The list is in Annex III to Council Regulation 765/2006, and includes things like guns & ammunition, weapon0-sights, bombs and grenades, water cannons, other crowd-controls vehicles, prisoner transport, crowd-control explosives, body armour, helmets, night vision and others./8

Important trivia item: "biatholon equipment" as defined by International Biathlon Union (specialist rifles, ammunition and sights - listed in Annex IV) is exempted from these bans. Member States may also authorize small sporting rifles and pistols caliber 0.22 - Annex V). /9

Third, EU imposed ban on entry on a number of "listed persons". Ban on entry is a visa/immigration measures - the listed individuals cannot enter the EU. /10

This "entry ban" list had been short, then very long, then short again, but now it appears (to my surprise, to be honest) to still be very short - only four persons, all connected to the disappearance of 4 dissidents in 1999/2000. /10

Fourth, the EU has adopted "an asset freeze" on listed persons, i.e., a measure that on the one hand, freezes all funds and property of listed person and - on the other - bans any transactions with these persons and entities. /11

The "asset freeze" list today encompasses 88 government officials (including Lukashenka, current and former Ministers, military/security forces, KGB, prison staff, police). /12

The "asset freeze" list also includes 7 entities:
- Beltechexport
- Dana Holdings
- GHU (Economic Dept of Lukashenka's Property Management Directorate)
- LLC Synthesis
- AGAT Electromechanical Plant
- Repair Plant
- MZKT.
/13

Beltechexport, Dana Holdings are private companies that benefit from close relationship of their owners with the Lukashenka regime. The last four supply the regime with security equipment. /14

MZKT is interesting: it is part of the military-industrial complex. However, they listed because they fired their employees who protested against Lukashenka after the stolen Presidential elections and hence are listed for "human rights abuses". /15

It is interesting to point out the reasons for listing. EU can sanction:
- persons, entities, bodies responsible for serious violations of human rights, repression of civil society & democratic opposition, or whose activities otherwise undermine democracy or rule of law, /16

- any persons, entities, bodies "associated with" them or "controlled by" them, and
- persons, entities, bodies "benefitting from" or "supporting" the Lukashenka regime, and persons, bodies, entities owned or controlled by them. /17

To conclude, EU sanctions on Belarus have been - in my opinion - DEFENSIVE. They sought to PUNISH & PREVENT FUTURE violations.
- arms embargo,
- ban on equipment for internal repression,
- sanctions on security & govt officials that participated in wrong doing. /18

EU has NOT really employed OFFENSIVE SANCTIONS yet whose purpose is to weaken the regime economically.
- no trade sanctions,
- no financial sanctions on major sectors of economy,
- no attempts to hit state-owned enterprises. /19

Only two businessmen were hit:
- Aliaksandr Shakutsin;
- Mikalai Varabei.

So EU hasn't yet really gone after businessmen benefitting from Lukashenka.

My recommendation:
- go after state-owned enterprises & ban their key exports to EU,
- hit Lukshanka's oligarchs.

/THE END

Just realized I unwittingly merged two separate expressions:
- to be on the radar,
- to be high on the agenda.

Apologies! 🤦