Article 2s
1. It shall be prohibited: (a) to sell, supply, transfer or export, directly or indirectly, certain machinery, whether or not originating in the Union, to any person, entity or body in Belarus or for use in Belarus; (b) to provide, directly or indirectly, technical assistance, brokering services, financing or financial assistance, including financial derivatives, as well as insurance and re-insurance, related to the prohibitions in point (a). 1a. The transit via the territory of Belarus of machinery referred to in paragraph 1, exported from the Union, shall be prohibited. 2. The prohibitions in paragraph 1 shall 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; or (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. With the exception of points (f) and (g), the exporter shall declare in its customs declaration that the items are being exported under the relevant exception 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 of the relevant exception within 30 days from that first export. ————— 3a. By way of derogation from paragraph 1, the competent authorities may authorise, under such conditions as they deem appropriate, the sale, supply, transfer or export of the goods and technology referred to therein, or the provision of related technical assistance, brokering services, financing or financial assistance, including financial derivatives, as well as insurance and re-insurance, after having determined that it is intended for the diplomatic representations of the Union, Member States, and partner countries, including delegations, embassies and missions, and of international organisations enjoying immunities in accordance with international law. 3aa. By way of derogation from paragraph 1, and without prejudice to the authorisation requirements pursuant to Regulation (EU) 2021/821, the competent authorities may authorise the sale, supply, transfer or export of machinery falling under CN code 8471 80 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 machinery or the related technical or financial assistance are intended for civilian electronic communications networks. 3ab. By way of derogation from paragraph 1a, the competent authorities may authorise the transit via the territory of Belarus of goods and technology listed in Annex XIVa to Regulation (EC) No 765/2006, after having determined that such goods or technology are necessary for: (a) medical or pharmaceutical purposes, or for humanitarian purposes, such as delivering or facilitating the delivery of assistance, including medical supplies, food, or the transfer of humanitarian workers and related assistance or for evacuations; (b) the exclusive use and under the full control of the authorising Member State and in order to fulfil its maintenance obligations in areas which are under a long-term lease agreement between that Member State and Belarus; or (c) the establishment, operation, maintenance, fuel supply and retreatment and safety of civil nuclear capabilities, and the continuation of design, construction and commissioning required for the completion of civil nuclear facilities, the supply of precursor material for the production of medical radioisotopes and similar medical applications, or critical technology for environmental radiation monitoring, as well as for civil nuclear cooperation, in particular in the field of research and development. 3b. The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraphs 3a and 3aa within 2 weeks of the authorisation. 4. The Union shall take the necessary measures in order to determine the relevant items to be covered by this Article.