Regulations on special measures against Belarus
Date FOR-2006-09-08-1041
Ministry of Foreign Affairs
Published in 2006 Booklet 12
Commencement 08/09/2006
Edited
FOR 2016-07-18-938
Changes
For
Norway
Legal
LOV-2001-04-27-14
Promulgated
09/08/2006
Short Title
Regulations on special measures against Belarus
Chapter Overview:
Main part
Appendix A:
Adopted by Royal. Res. September 8, 2006 pursuant to the Act on 27 April 2001 no. 14 on iverksetjing of international, non-military measures in the form of disruption or limitation of economic or other relations with third countries or movements. Promoted by the Foreign Ministry.
Changes: Amended by regulations 18 June 2008 no. 610, April 27, 2012 No.. 387, June 15, 2012 no. 541, October 7, 2015 No.. 1220, 8 Dec 2015 no. 1450, July 18, 2016 No.. 938.
§ 1. Scope This regulation and its appendices shall apply:
A)
on Norwegian territory, including Norwegian airspace
B)
on board every aircraft or vessel under Norwegian jurisdiction
C)
to all Norwegian citizens wherever they are located
D)
to all legal persons, entities and bodies that have been established or incorporated under Norwegian law
E)
to all legal persons, entities and bodies with regard to business activities they are engaged wholly or partly in Norway.
§ 2. The incorporation of Regulation (EC) No. 765/2006
(1) EU accompanying Regulation (EC) No. 765/2006 on restrictive measures concerning Belarus (as amended by Regulation (EC) No. 1587 / 2006, Regulation (EC) no. 1791/2006, Regulation (EC) no. 646/2008, Regulation (EC) no. 84/2011, Regulation (EC). 271/2011, Regulation (EC) no. 505 / 2011, Regulation (EC). 588/2011, Regulation (EC). 999/2011, Regulation (EC). 1000/2011, Regulation (EC). 1320/2011, Regulation (EU) no. 114 / 2012, Regulation (EC). 170/2012, Regulation (EC). 265/2012, Regulation (EC). 354/2012, Regulation (EC). 1014/2012, Regulation (EU) no. 1017 / 2012, Regulation (EC). 494/2013, Regulation (EC). 517/2013, Regulation (EC). 1054/2013, Regulation (EU) no. 46/2014, Regulation (EU) no. 740 / 2014 Regulation (EC). 1159/2014, Regulation (EC) 2015/1133, Regulation (EC) 2015/1326, Regulation (EC) 2015/1948, Regulation (EC) 2015/1949, Regulation (EU) 2016 / 276 and Regulation (EC) 2016/277) applies as regulations with the adjustments that follow from this provision.
(2) The references to the EU Member States should be understood as Norway.
(3) The references to the EU territory must include Norway, ref. Article 1a. 1 letter a and art. 4 no. 2.
(4) The references to "EU common list of military equipment" shall be construed as references to "List I - defense-related products" in Annex I of Regulation 19 June 2013 no. 718 on the export of defense equipment, multi-purpose products, technologies and services (regulations on exports of defense equipment, etc.).
(5) The references to the Member States competent authorities, in some cases with references to Annex II shall read "Foreign Affairs."
(6) None of the provisions of the Regulation on information exchange between Member States and the Commission shall apply. Neither do provisions that natural and legal persons, entities and bodies should provide information to the Commission, ref. Article 5. Furthermore, Articles 7 to 11 EU internal and does not apply. The same applies to Regulation Annex II.
§ 3. Penalties Contravention of the provisions of these regulations is punishable by law on 27 April 2001 no. 14 on iverksetjing of international, non-military measures in the form of disruption or limitation of economic or other relations with third countries or movements § 3.
§ 4. Exemptions Ministry may grant exemptions from the regulation on the basis of the attached Regulation exemption provisions. Foreign Affairs may also in special cases grant exemptions from these regulations if it gets a clear unintended effect, and assuming it does not conflict with Norway's international obligations or objectives behind the measures against Belarus.
§ 5. Authorisation to amend, suspend or revoke the regulation of Foreign Affairs is authorized to modify, suspend or revoke a regulation Annex.
§ 6. Entry into force These regulations enter into force immediately.
Appendix A:
COUNCIL REGULATION (EC) NO. 765/2006
of May 18, 2006
if restrictive measures concerning Belarus
Article 1
In this Regulation
1)
Money: financial assets and benefits of every kind, including but not limited to
(A)
cash amount of money, checks, deposits, bills, statements and other payment instruments,
(B)
Balances with financial institutions or other entities, balances on accounts receivable and tilgodehavendebevis,
(C)
listed and unlisted financial instruments and debt instruments, including stocks and shares, securities certificates, bonds, promissory notes, purchase or subscription rights, unsecured securities and derivatives contracts,
(D)
interest, dividends and other income or assets incurred on or generated by assets
(E)
credits, netting agreements, guarantees, performance bonds or other financial commitments,
(F)
letters of credit, bills of lading and mortgage deeds,
(G)
documents showing eienandeler in funds or financial resources.
2)
Freezing of money: to prevent moving, transfer, alteration, or use of, access to, or handling money in any way that may lead to changes in volume, amount, location, ownership, possession, character or purpose or other changes that may make it possible to use the money, including portfolio management,
3)
Assets assets of every kind, tangible or intangible, movable or immovable, which are not money, but that can be used to obtain cash, goods or services,
4)
Freeze assets: to prevent the assets in any way be used to obtain cash, goods or services, including but not limited to, sell, rent or pledge them.
5)
EU territory: those of Member States' territories where the Treaty establishing the European Community is applicable, under the conditions laid down in the Treaty, including their airspace
6)
Technical assistance: any technical support related to repairs, development, manufacture, assembly, testing, maintenance or any other form of technical service, regardless of whether the aid granted in the form of instruction, advice, training, transfer of operational knowledge or skills or consulting services; technical assistance also includes verbal assistance.
Article 1a
1. It is prohibited
A)
to sell, supply, transfer or export, directly or indirectly, equipment which might be used for internal repression and which are listed in Annex III, regardless of whether it originates in the European Union or not , to persons, entities or bodies or for use in Belarus,
B)
willfully participate in activities that directly or indirectly has as its object or effect of circumventing the prohibition in this article a).
2. The prohibitions set out in paragraph. 1 shall not apply to protective clothing, including flak jackets and military helmets, exported temporarily to Belarus and for use by personnel from the UN, the EU or Member States, representatives of the media, humanitarian aid workers, aid workers or associated personnel.
3. The competent authority, as listed in Annex II, the Member State may, on such conditions as it considers appropriate, grant exemptions from the prohibition in that provision, authorize the sale, supply, transfer or export of equipment which might be used for internal repression, provided it states that the equipment is solely for humanitarian or protective use.
Article 1b
1. It is prohibited
A)
to provide, directly or indirectly, technical assistance related to goods and technology listed in the Common list of military equipment ( "EU Common Military List") or related to the provision, manufacture, maintenance or use of items listed on the aforementioned list of persons, entities or bodies in Belarus or for use in Belarus,
B)
to provide, directly or indirectly, technical assistance or mediation services related to equipment which might be used for internal repression, and listed in Annex III to persons, entities or bodies in Belarus or for use in Belarus,
C)
to provide, directly or indireke, financing or financial assistance related to goods or technology listed in the Common Military List or in Annex III, including in particular grants, loans and export credit insurance, in connection with the sale, supply, transfer or export of such products, or in connection with the provision of associated technical assistance to persons, entities or bodies or for use in Belarus,
D)
willfully engaging in activities whose purpose or consequence to circumvent the prohibitions referred to in subparagraph a), b) and c).
2. The prohibition set out in paragraph. 1 shall not apply to
A)
military non-lethal equipment or equipment that could be used for internal repression, if the equipment is solely for humanitarian use or protection or research use of UN and EU institution-building program, or for EU or UN crisis management operations, or || |
B)
Non-combat vehicles, which are manufactured or fitted with materials for ballistic protection, and exclusively designed for protective use of personnel of the EU and its Member States in Belarus,
Assuming that a competent authority of a Member State, as specified in Annex II, has given its prior approval.
3. The prohibition provided for in paragraph 1 shall not apply to protective clothing, including flak jackets and military helmets, temporarily exported to Belarus by personnel from the United Nations or the Union or its Member States, representatives of the media, humanitarian workers and aid workers and associated personnel, and exclusively for their personal use.
Article 2
1. All money and assets belonging to, owned, held or controlled by the natural or legal persons, entities or bodies listed in Annex I shall be frozen.
2. No money or assets shall be made available, directly or indirectly, for the benefit of, the natural or legal persons, entities or bodies listed in Annex I.
3. It is prohibited intentionally to participate in activities that directly or indirectly has the purpose or due to circumvent the measures referred to in paragraph. 1 and 2.
4. Appendix I includes a list of the natural and legal persons, entities and bodies that have been designated by the Council, in accordance with Article 4. 1 letter a) of Council Decision 2012/642 / CFSP of 15 October 2012 on restrictive measures against Belarus, to be responsible for serious violations of human rights or suppression of civil society and the democratic opposition, or who is responsible for activities that otherwise seriously undermine democracy or the rule of law in Belarus, as well as natural or legal persons, entities and bodies is related to these, and legal persons, entities or bodies owned or controlled by them.
5. Appendix I includes a list of the natural and legal persons who have been designated by the Council, in accordance with paragraph b) of Decision 2012/642 / CFSP, to benefit from or support Lukashenka regime, as well as legal persons, entities and bodies owned or controlled by them.
6. ---
Article 2a
prohibition in Article 2. 2 shall not involve any kind of responsibility for the natural or legal persons, entities or bodies if they had no knowledge of or reasonable cause to believe that their action would be in violation of this prohibition.
Article 2b
1. Appendix I contains the rationale for behaving persons, entities or bodies on the lists.
2. Annex I also includes, where available, information necessary to identify the relevant physical and legal persons, entities and bodies. As regards natural persons, such information may include name and associated aliases, date of birth and place of birth, nationality, passport and identity card numbers, gender, address, if known, and function or profession. When it comes to legal persons, entities and bodies, such information may include names, place of registration and date, registration number and place of business.
Article 3
1. Notwithstanding Article 2, Member States' competent authorities, as indicated on the websites listed in Annex II, authorize, under the conditions they find appropriate, to release or ask certain frozen money or assets available when it is determined that the money or the assets is
A)
needed to cover the basic needs of persons listed in Annex I and family members these people dependents, including payment of foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance and municipal taxes,
B)
solely to go to the payment of reasonable fees and reimbursement of expenses in connection with legal assistance, or
C)
solely to go to the payment of fees or administrative fees for routine storage or management of frozen money or assets.
2. Member States' competent authorities, as indicated on the websites listed in Annex II, may grant exemptions from Article 2 and give permission to release or ask certain frozen money or assets available under the conditions as they deem appropriate, after having determined that the money or the assets are necessary to cover extraordinary expenses, provided that the member state no later than two weeks prior to granting authorization shall inform the other member States and the Commission about the reason why it thinks that it should be given a special permission.
3. The Member State shall inform the other Member States and the Commission of any authorizations granted under this article no. 1 and 2.
Article 4
1. Article 2. 2 does not amount supplied frozen accounts in the form of
A)
interest or other returns on these accounts, or
B)
amounts due under contracts, agreements or obligations that were concluded or arose before the date on which those accounts became subject to this Regulation provisions
Assuming these rates or other earnings and payments are still covered by Article 2 paragraph 1.
2. Article 2. 2 is not an obstacle to financing or credit institutions in the EU that receive money transferred by third parties to an account belonging to a person, entity or body is not listed, crediting the frozen accounts with these amounts, provided that all added amount of these accounts be frozen. Finansiering- or credit institution shall immediately inform the competent authorities about such transactions.
Article 4a
derogation from Article 2. 1, Member States' competent authorities, as indicated on the websites listed in Annex II, authorize, on the conditions that they find appropriate, to release certain frozen money or assets when persons entities or bodies listed in Annex I shall pay amounts due under contracts, agreements or obligations which the person, entity or body has entered into or incurred before the date on which that person, entity or body were listed, assuming
(I)
the competent authority has determined that the payment is not directly or indirectly for the benefit of a person, entity or body listed in Annex I and
(Ii)
that Member State, at least two weeks before authorization is given, notified the other Member States and the Commission that it has has made a decision to grant such permission.
Article 4b
derogation from Article 2, Member States' competent authorities, as indicated on the websites listed in Annex II, authorize, on the conditions that they find appropriate, to release certain frozen money or assets, or that there are certain money or assets available, when it is determined that the money or the assets necessary for official purposes of diplomatic or consular missions or international organizations, who enjoy immunity in accordance with international law.
Article 5
1. Subject to the applicable rules concerning reporting, confidentiality and professional secrecy, the natural and legal persons, entities and bodies
A)
promptly provide information that may promote compliance with this Regulation, including information on accounts and amounts frozen in the hold of Article 2, to the competent authorities, as indicated on the websites listed in Annex II, in the country where they are resident or located, and provide information, directly or indirectly to the Commission, and
B)
cooperate with the competent authorities as indicated on the websites listed in Annex II of any verification of this information.
2. Any information provided or received in accordance with this Article shall be used only for the purpose it is given or received for.
Article 6
1. If money and assets frozen or denied to be made available and this is done in good faith on the basis that such action is in accordance with this Regulation shall not incur any responsibility for the natural or legal person, unit or body that conducts measure, or their officers or employees, unless it can be proved that the money or the assets were frozen or withheld as a result of negligence.
Article 7
Commission and Member States shall immediately inform each other about measures taken under this Regulation and shall provide each other with all other relevant available information in relation to this Regulation, in particular violations, enforcement problems and judgments of national courts .
Article 8
Commission is authorized to amend Annex II on the basis of information from Member States.
Article 8a
1. When the Council decides that a natural or legal person, entity or body shall be subject to the measures which it is referred to in Article 2. 1, Annex I is amended in line with this.
2. Council announces its decision, including a reason to list the guide, to the natural or legal person, unit or body referred to under no. 1, either directly, if the address is known, or through the publication of a notice, providing concerned natural or legal person, entity or body the opportunity to comment.
3. When it submitted notices or presented substantial new evidence, the Council shall take its decision to a reconsideration and inform the natural or legal person, unit or agency thereof.
4. The list in Annex I shall be regularly reviewed and at least every twelve months.
Article 8b (repealed)
Article 9
1. Member States shall lay down rules on sanctions for breaches of this Regulation and shall take all measures necessary to ensure that they are implemented. Those penalties must be effective, proportionate and dissuasive.
2. Member States shall inform the Commission of these provisions immediately after this Regulation has entered into force, and of any subsequent amendments.
Article 9a
1. Member States shall appoint the competent authority as referred to in Articles 3, 4 Nos. 2 and 5 and set them on the web pages listed in Annex II.
2. Member States reports no later than 31 July 2008 the Commission who their competent authorities, with their contact information, and notify it immediately of any subsequent amendment.
Article 9b
When this Regulation contains a requirement that the Commission shall be notified, notified or otherwise communicated with, the address and other contact information listed in Annex II shall apply.
Article 10
This Regulation shall apply
-
On EU territory, including in EU airspace,
-
Aboard all aircraft and vessels of a Member State jurisdiction
-
Towards all individuals within or outside EU territory who are nationals of a Member State,
-
To all legal persons, entities and bodies that have been established or incorporated under the laws of a Member State,
-
To all legal persons, entities or bodies in respect of business carried on wholly or partly within the EU.
Article 11
This Regulation shall enter into force on the day of its publication in the Official Journal.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
Persons referred to in Article 2. 1
To read Annex I see here:
ANNEX II
Internet sites for information on the competent authorities referred to in Articles 3, 4 Nos. 2 and 5, and address to notify the European Commission
Websites for information on the competent Authorities Referred two in Articles 3, 4 (2), and 5, and address for notifications to the European Commission
BELGIUM
http://www.diplomatie.be/eusanctions
BULGARIA
http: //www.mfa.government.bg
CZECH REPUBLIC
http://www.mfcr.cz/mezinarodnisankce
DENMARK
http://www.um.dk/da/menu/Udenrigspolitik/FredSikkerhedOgInternationalRetsorden/Sanktioner/
GERMANY
http://www.bmwi.de/BMWi/Navigation/Aussenwirtschaft/Aussenwirtschaftsrecht/embargos.html
ESTONIA
http: //www.vm.ee/est/kat_622/
IRELAND
http://www.dfa.ie/home/index.aspx?id=28519
GREECE http://www.mfa.gr/www.mfa.gr/en-US/Policy/Multilateral+Diplomacy/Global+Issues/International+Sanctions/
SPAIN
http://www.maec.es/es/MenuPpal/Asuntos/Sanciones%20Internacionales/Paginas/Sanciones_%20Internacionales.aspx
FRANCE
http://www.diplomatie.gouv.fr/autorites-sanctions/
CROATIA
http: //www.mvep.hr/sankcije
ITALY http://www.esteri.it/MAE/IT/Politica_Europea/Deroghe.htm
CYPRUS
http: //www.mfa.gov.cy/sanctions
LATVIA
http://www.mfa.gov.lv/en/security/4539
LITHUANIA
http: //www.urm.lt
LUXEMBOURG
http: //www.mae.lu/ Sanctions
HUNGARY
http://www.kulugyminiszterium.hu//kum/hu/bal/Kulpolitikank/nemzetkozi_szankciok/
MALTA
http: //www.doi.gov.mt/EN/bodies/boards/sanctions_monitoring.asp | || NETHERLANDS
http: //www.minbuza.nl/sancties
AUSTRIA
http: //www.bmeia.gv.at/view.php3? f_id = 12750 & LNG = en & version =
POLAND
http: //www.msz.gov.pl
PORTUGAL
http: //www.min-nestrangeiros.pt
ROMANIA
http: //www.mae.ro/node / 1548
SLOVENIA
http://www.mzz.gov.si/si/zunanja_politika/mednarodna_varnost/omejevalni_ukrepi/
SLOVAKIA
http: //www.foreign.gov.sk
FINLAND
http://formin.finland.fi/kvyhteistyo/pakotteet
SWEDEN
http: //www.ud.se/sanktioner
UNITED KINGDOM
www.fco.gov.uk/competentauthorities
Address for notifications to or outhoritiesther communication with the European Commission:
European Commission
Foreign Policy Instruments Service Unit
FPIS.2
CHAR 12/106
B-1049 Bruxelles / Brussels
Belgium E-mail: relex-Sanctions ec.europa.eu
Tel .: (32 2) 295 55 85
Fax: (32 2) 299 08 73
ANNEX III
List of equipment which might be used for internal repression, as referred to in Article 1a and Article 1b
List of equipment wooden might be used for internal repression as Referred two in Article 1a and Article 1b
1.
Fire-arms, ammunition and related accessories Therefor, as FOLLOWS:
1.1.
Firearms not controlled by ML 1 and ML 2 of the Common Military List of the European Union ( 'Common Military List');
1.2.
Ammunition specially designed for the fire arms listed in item 1.1 and specially project designed components Therefor;
1.3.
Weapon-sights not controlled by the Common Military List.
2.
Bombs and grenades not controlled by the Common Military List.
3.
Vehicles as FOLLOWS:
3.1.
Vehicles equipped with a water cannon, specially project designed or modified for the purpose of riot control;
3.2.
Vehicles specially project designed or modified to be Electrified two repel borders;
3.3.
Vehicles specially project designed or modified two remove barricades, includingservers construction equipment with ballistic protection;
3.4.
Vehicles specially designed for the transport or transfer of prisoners and / or detainees;
3.5.
Vehicles specially project designed two deploy mobile barriers;
3.6.
Components for the vehicles Specified in items 3.1 Thurs. 5.3 specially designed for the purpose of riot control.
Note 1 This item does not control vehicles specially designed for the purpose of fire-fighting.
Note 2 For the purpose of item 3.5 the term 'vehicles' includes trailers.
4.
Explosive substances and related equipment as FOLLOWS:
4.1.
Equipment and devices specially project designed two initiate explosions by electrical or non-electrical Means, includingservers firing sets, detonators, igniters, boosters and detonating cord, and specially project designed components Therefor; except Reviews those specially designed for a specific commercial use consistant thing of the actuation or operation by explosive Means of other equipment or devices the function of wooden not the creation of explosions (eg, car air-bag inflates, electric-surge arresters of fire sprinkler actuators );
4.2.
Linear cutting explosive charges not controlled by the Common Military List;
4.3.
Other explosives not controlled by the Common Military List and related substances as FOLLOWS:
A.
Amatol;
B.
Nitrocellulose (containing more than 12,5% nitrogen);
C.
Nitroglycol;
D.
Pentaerythritol tetranitrate (PETN);
E.
Picryl chloride;
F.
2,4,6-trinitrotoluene (TNT).
5.
Protective equipment not controlled by ML 13 of the Common Military List as FOLLOWS:
5.1.
Body armor provides high ballistic and / or stabbing protection;
5.2.
Helmets provides high ballistic and / or fragmentation protection, anti-riot helmets, antiriot shields and ballistic shields.
Note: This item does not control:
-
Equipment specially designed for sports activities,
-
Equipment specially designed for safety of work Requirements.
6.
Simulators, other than Reviews those controlled by ML 14 of the Common Military List, for training in the use of fire arms, and specially project designed software Therefor.
7.
Night vision, thermal imaging equipment and image intensifier tubes, other than Reviews those controlled by the Common Military List.
8.
Razor barbed wire.
9.
Military knives, combat knives and bayonets with blade lengths in excess of 10 cm.
10.
Production equipment specially designed for the items Specified in this list.
11.
Specific technology for the development, production or use of the items Specified in this list.
ANNEX IV
