Notice

NTI 2952: Republic of Belarus import sanctions

Updated 16 May 2024

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 extended the existing import sanctions  by prohibiting the import of potash and petroleum products originating or consigned from Belarus. It also prohibited the acquisition and supply and delivery, directly or indirectly, of potash and petroleum products, and the provision of technical assistance, financial services and funds and brokering services related to petroleum products.

On 5 July 2022, The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2022 amended the Belarus Sanctions Regulations.

This amendment extended the existing import sanctions measures by prohibiting the import of arms and related materiel and iron and steel products. It also prohibited the acquisition and supply and delivery, directly or indirectly, of iron and steel products and arms and related material. It also extended the measures on petroleum products and potash to certain additional mineral products. It also prohibited the provision of technical assistance, financial services and funds and brokering services relating to iron and steel products, mineral products and potash.

On 9 June 2023, The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2023 amended the Belarus Sanctions Regulations.

This amendment extended the existing import sanctions by prohibiting the import of cement, rubber, wood and gold products. It also prohibited the acquisition and supply and delivery, directly or indirectly, of cement, rubber, wood and gold products. It also prohibited the provision of technical assistance, financial services and funds and brokering services relating to cement, rubber, wood and gold products. 

On 16 May 2024, The Sanctions (EU Exit) (Miscellaneous Amendments and Revocations) Regulations 2024, amended the Belarus Sanctions Regulations.

This amendment extends the existing import sanctions by prohibiting the import of aluminium. It also prohibits the acquisition and supply and delivery, directly or indirectly, of aluminium, and the provision of technical assistance, financial services and funds and brokering services relating to aluminium.

Regulation 27I

The import of aluminium,  arms and related materiel, iron and steel products, mineral products, potash, gold and gold jewellery, relevant processed gold, rubber, cement, and wood 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:

• aluminium: this means any thing falling within the commodity code 76
• arms and related materiel: this includes all military goods as defined in Schedule 2 to the Export Control Order 2008, and anything falling within chapter 93 of the Goods Classification table, other than military goods
• cement: this means any thing falling within the following commodity codes: 2523 and 6810, and meeting the descriptions within the table in paragraph 2(b) of Part 2 of Schedule 2J to the Belarus Sanctions Regulations
• gold: this means any thing falling within the following commodity codes: 10000, 7108 and 71129, and ex 7118 9000 and meeting the descriptions within the table in paragraph 3(b) of Part 2 of Schedule 2J to the Belarus Sanctions Regulations
• gold jewellery: this means any thing falling within the following commodity codes: Ex 7113 and Ex 7114 and meeting the descriptions within the table in paragraph 4(b) of Schedule 2J to the Belarus Sanctions Regulations
• relevant processed gold: this means gold which has been processed in a third country, and incorporates gold that, on or after 21 July 2022, originated in Belarus and has been exported from Belarus
• mineral products: this means any thing which falls within the following commodity codes: 2707; 2710; 2711; 2712; 2713; 2715
• iron and steel products: this means any thing falling within the commodity codes in chapters 72 and 73
• potash: this means any thing which falls within the following commodity codes: 31042010; 31042050; 31042090; 31052010; 31052090; 31056000; and ex. 31059020 or ex. 31059080, provided in each case that this is a fertiliser containing potassium chloride
• rubber: this means any thing falling within the commodity code 4011 and meeting the description within the table in paragraph 5(b) of Part 2 of Schedule 2J to the Belarus Sanctions Regulations
• wood: this means any thing falling within the commodity code 44 and meeting the description within the table in paragraph 6(b) of Part 2 of Schedule 2J to the Belarus Sanctions Regulations

Regulations 27J-M

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

• Regulation 27J: the acquisition of the following goods where they originate in or are located in Belarus:

  • aluminium
  • arms and related materiel
  • cement
  • gold and gold jewellery which has been exported from Belarus on or after the relevant day
  • iron and steel products
  • mineral products
  • potash
  • rubber
  • wood

• Regulation 27K: the supply or delivery of:

  • aluminium
  • arms and related materiel
  • cement
  • gold and gold jewellery which has been exported from Belarus on or after the relevant day
  • iron and steel products
  • mineral products
  • potash
  • rubber
  • wood

• Regulation 27L: The provision of technical assistance relating to the import, acquisition or supply or delivery of:

  • aluminium
  • cement
  • gold and gold jewellery which has been exported from Belarus on or after the relevant day
  • iron and steel products
  • mineral products
  • potash
  • relevant processed gold
  • rubber
  • wood

• Regulation 27M: the provision of financial services, funds or brokering services relating to the import, acquisition or supply or delivery of:

  • aluminium
  • cement
  • gold and gold jewellery which has been exported from Belarus on or after the relevant day
  • iron and steel products
  • mineral products
  • potash
  • relevant processed gold
  • rubber
  • wood

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
• Regulation 31D concerning activity (including imports) relating to gold and gold jewellery and relevant processed gold which is necessary for the official purposes of a diplomatic mission or consular post in Belarus, or an international organisation enjoying immunities in accordance with international law
• Regulation 31D concerning activity related to gold jewellery, where the jewellery is for personal use of and owned by the natural person importing it, or an immediate family member, travelling with them to the UK, contained in their luggage provided that the jewellery is not intended for sale

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.

Department for Business and Trade’s (DBT) Import Licensing Branch (ILB) is responsible for administering the licensing provisions on behalf of the Secretary of State for all import sanctions. DBT’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, and where an exception does not apply, 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 [email protected] 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 Business and 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.

Licences granted will not permit activity in respect of Northern Ireland that is not consistent with EU sanctions regulations as they apply via the Windsor Framework.^{[footnote 1]} You will also have to comply with any other licensing requirements under UK import 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 Business and Trade is ultimately responsible for decisions to grant or refuse a trade sanctions licence in any individual case.

Aluminium

A licence may be granted for:

• the import of aluminium, and the acquisition and supply and delivery, directly or indirectly, of aluminium if it relates to the execution of obligations arising from contracts concluded before 16 May 2024
• the provision of technical assistance, brokering services, financial services or funds relating to aluminium if it relates to the execution of obligations arising from contracts concluded before 16 May 2024

Cement, gold, gold jewellery, rubber and wood

A licence may be granted for:

• the import of cement, gold, gold jewellery, rubber and wood products, and the acquisition and supply and delivery, directly or indirectly, of cement, gold products, rubber and wood if it relates to the execution of obligations arising from contracts concluded before 9 June 2023
• the provision of technical assistance, brokering services, financial services or funds relating to cement, gold products, rubber and wood if it relates to the execution of obligations arising from contracts concluded before 9 June 2023

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, acquisition, and supply and delivery of potash or petroleum products if it relates to the execution of obligations arising from contracts concluded before 9 August 2021 or the import, acquisition, and supply and delivery of other mineral products if it relates to the execution of obligations arising from contracts concluded before 5 July 2022

• the provision of technical assistance, brokering services, financial services or funds relating to petroleum products if it relates to the execution of obligations arising from contracts concluded before 9 August 2021 or the provision of technical assistance, brokering services, financial services or funds relating to potash or other mineral products if it relates to the execution of obligations arising from contracts concluded before 5 July 2022

Iron and steel

A licence may be granted for:

• the import of iron and steel products, and the acquisition and supply and delivery, directly or indirectly, of iron and steel products if it relates to the execution of obligations arising from contracts concluded before 5 July 2022
• the provision of technical assistance, brokering services, financial services or funds relating to iron and steel products if it relates to the execution of obligations arising from contracts concluded before 5 July 2022

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 requirements 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 [email protected].

For information on export controls:

• contact ECJU on 020 7215 4594
• email [email protected]
• subscribe to the ECJU’s notices to exporters

For specific queries on export-related trade sanctions contact [email protected].

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.

1. ‘Windsor Framework’ has the same meaning as in Joint Declaration by the United Kingdom of Great Britain and Northern Ireland and the European Union in the Withdrawal Agreement Joint Committee on the Windsor Framework 24 March 2023 ↩