Article 2d
1. It shall be prohibited to sell, supply, transfer or export, directly or indirectly, goods and technology which might contribute to the military and technological enhancement of Belarus, or to the development of its defence and security sector, whether or not originating in the Union, to any natural or legal person, entity or body in Belarus or for use in Belarus. 1a. The transit via the territory of Belarus of goods and technology which might contribute to the military and technological enhancement of Belarus or to the development of its defence and security sector exported from the Union shall be prohibited. 1aa. Without prejudice to the prohibition on indirect exports in paragraph 1 of this Article and Article 4 of Regulation (EU) 2021/821, an authorisation shall be required for the export of goods and technology which might contribute to Belarus’s military and technological enhancement, or the development of the defence and security sector, to any third country other than Belarus, if the exporter has been informed by the competent authority of the Member State where the exporter is resident or established that the items in question are or may be intended, in their entirety or in part, for any natural or legal person, entity or body in Belarus, or for use in Belarus. 2. It shall be prohibited to: (a) provide technical assistance, brokering services or other services related to the goods and technology referred to in paragraph 1 and to the provision, manufacture, maintenance and use of those goods and technology, directly or indirectly to any natural or legal person, entity or body in Belarus, or for use in Belarus; (b) provide financing or financial assistance related to the goods and technology referred to in paragraph 1 for any sale, supply, transfer or export of those goods and technology or for the provision of related technical assistance, brokering services or other services, directly or indirectly to any natural or legal person, entity or body in Belarus or for use in Belarus; or (c) sell, license or transfer in any other way intellectual property rights or trade secrets as well as to grant rights to access or re-use any material or information protected by means of intellectual property rights or constituting trade secrets related to the goods and technology referred to in paragraph 1 and to the provision, manufacture, maintenance and use of those goods and technology, directly or indirectly to any natural or legal person, entity or body in Belarus or for use in Belarus. 3. The prohibitions in paragraphs 1 and 2 shall 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, that is 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 the environment or as a response to natural disasters; or (b) medical or pharmaceutical purposes, provided that they are not listed in Annex XXX to Regulation (EC) No 765/2006. The exporter shall declare in the customs declaration that the items are being exported under the relevant exemption set out in this paragraph and shall notify the competent authority of the Member State where the exporter is resident or established of the first use per recipient in Belarus of the relevant exemption. 3a. The prohibition in paragraph 1a shall not apply to the transit via the territory of Belarus of goods and technology which might contribute to the military and technological enhancement of Belarus or to the development of its defence and security sector intended for the purposes set out in paragraph 3 —————. 3b. Member States shall provide for reporting requirements attached to the use of exemptions under paragraph 3 and any additional information on items exported under those exemptions that the Member State where the exporter is resident or established requires. 4. By way of derogation from paragraphs 1 and 2, the competent authorities may authorise the sale, supply, transfer or export of the 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: (b) intergovernmental cooperation in space programmes; (c) the operation, maintenance, fuel reprocessing 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 electronic communications networks which are not the property of an entity that is publicly controlled or with over 50 % public ownership; (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; (h) ensuring cyber-security and information security for legal persons, entities and bodies in Belarus which are 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; (j) software updates; (k) use as consumer communication devices; or (l) medical or pharmaceutical purposes, provided that they are listed in Annex XXX to Regulation (EC) No 765/2006. ————— 4b. By way of derogation from paragraph 1a, the competent authorities may authorise the transit via the territory of Belarus of goods and technology which might contribute to the military and technological enhancement of Belarus or to the development of its defence and security sector after having determined that such goods or technology are intended for the purposes set out in points (b), (c), (d), (h) and (l) of paragraph 4. 5. By way of derogation from paragraphs 1 and 2 of this Article, and without prejudice to the authorisation requirements pursuant to Regulation (EU) 2021/821, 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 due under contracts concluded before 3 March 2022, or ancillary contracts necessary for the execution of such a contract, provided that such authorisation is requested before 1 May 2022. ————— 6. All authorisations required under this Article shall be granted by the competent authorities in accordance with the rules and procedures laid down in Regulation (EU) 2021/821, which shall apply mutatis mutandis . The authorisation shall be valid throughout the Union. 6a. Where an authorisation is required in accordance with paragraph 1aa, the competent authorities shall proceed in accordance with the rules and procedures laid down in Article 4 of Regulation (EU) 2021/821, which shall apply mutatis mutandis . 7. When deciding on requests for authorisations referred to in paragraphs 4 and 5, the competent authorities shall not grant an authorisation if they have reasonable grounds to believe that: (i) the end-user might be a military end-user, a natural or legal person, entity or body in Annex II, or that the goods might have a military end-use, unless the sale, supply, transfer or export of goods and technology referred to in paragraph 1 of this Article or the provision of related technical or financial assistance is allowed under Article 1da(1b), point (a); or (ii) the sale, supply, transfer or export of goods and technology referred to in paragraph 1 of this Article or the provision of related technical or financial assistance is intended for aviation or the space industry. 8. The competent authority may annul, suspend, modify or revoke an authorisation which it has granted pursuant to paragraphs 4 and 5 if it deems that such annulment, suspension, modification or revocation is necessary for the effective implementation of this Decision. 9. The Union shall take the necessary measures in order to determine the relevant items to be covered by this Article.