(4)

the following articles are added: ‘Article 1c 1. It shall be prohibited to sell, supply, transfer or export, directly or indirectly, equipment, technology or software identified in Annex IV, whether or not originating in the Union, to any natural or legal person, entity or body in Belarus or for use in Belarus, unless the competent authority of the relevant Member State, as identified on the websites listed in Annex II, has given prior authorisation. 2. The competent authorities of the Member States, as identified on the websites listed in Annex II, shall not grant any authorisation under paragraph 1 if they have reasonable grounds to determine that the equipment, technology or software in question would be used for repression by the Belarusian Government, public bodies, corporations or agencies, or any natural or legal person or entity acting on their behalf or at their direction. 3. Annex IV shall include equipment, technology or software intended primarily for use in the monitoring or interception of internet or telephone communications. 4. The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under this Article within two weeks of the authorisation. Article 1d 1. Unless the competent authority of the relevant Member State, as identified on the websites listed in Annex II, has given prior authorisation in accordance with Article 1c(2), it shall be prohibited to: (a) provide, directly or indirectly, technical assistance or brokering services related to the equipment, technology and software identified in Annex IV, or related to the installation, provision, manufacture, maintenance and use of the equipment and technology identified in Annex IV or to the provision, installation, operation or updating of any software identified in Annex IV, to any natural or legal person, entity or body in Belarus or for use in Belarus; (b) provide, directly or indirectly, financing or financial assistance related to the equipment, technology and software identified in Annex IV to any natural or legal person, entity or body in Belarus or for use in Belarus; (c) provide any telecommunication or internet monitoring or interception services of any kind to, or for the direct or indirect benefit of, the Belarusian Government, public bodies, corporations and agencies or any natural or legal person or entity acting on their behalf or at their direction. 2. For the purposes of point (c) of paragraph 1, "telecommunication or internet monitoring or interception services" means those services that provide, in particular using equipment, technology or software as identified in Annex IV, access to and delivery of a subject's incoming and outgoing telecommunications and call-associated data for the purpose of its extraction, decoding, recording, processing, analysis or storing, or any other related activity. Article 1e 1. It shall be prohibited to sell, supply, transfer or export, directly or indirectly, dual-use goods and technology, whether or not originating in the Union, to any natural or legal person, entity or body in Belarus or for use in Belarus, if those items are or may be intended, in their entirety or in part, for military use or for a military end-user. Where the end-user is the Belarusian military, any dual-use goods and technology procured by it shall be deemed to be for military use. 2. When deciding on requests for authorisations in accordance with Regulation (EC) No 428/2009, the competent authorities shall not grant an authorisation for exports to any natural or legal person, entity or body in Belarus or for use in Belarus, if they have reasonable grounds to believe that the end-user might be a military end-user or that the items might have a military end-use. The competent authorities may, however, grant an authorisation where the export concerns the execution of an obligation arising from a contract concluded before 25 June 2021, or ancillary contracts necessary for the execution of such a contract. Exporters shall supply the competent authorities with all relevant information required for their application for an export authorisation. Article 1f 1. It shall be prohibited to sell, supply, transfer or export, directly or indirectly, dual-use goods and technology, whether or not originating in the Union, to natural or legal persons, entities or bodies in Belarus as listed in Annex V to this Regulation. 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 these goods and technology, directly or indirectly to any natural or legal person, entity or body in Belarus, as listed in Annex V; (b) provide financing or financial assistance related to the goods and technology referred to in paragraph 1, including in particular grants, loans and export credit insurance, for any sale, supply, transfer or export of these 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 in Belarus, as listed in Annex V. 3. The prohibitions in paragraphs 1 and 2 shall be without prejudice to the execution of contracts concluded before 25 June 2021, or ancillary contracts necessary for the execution of such contracts, and to the provision of assistance necessary for the maintenance and safety of existing capabilities within the Union. 4. The prohibitions in paragraphs 1 and 2 shall not apply to exports, sale, supplies or transfers of dual-use goods and technology or the related provision of technical or financial assistance, for the maintenance and safety of existing civil nuclear capabilities, for non-military use or for a non-military end user. Article 1g 1. It shall be prohibited to sell, supply, transfer, or export the goods listed in Annex VI, whether such goods originate or not in the Union, to any natural or legal person, entity or body in Belarus or for use in Belarus. 2. Annex VI shall include the goods used for the production or manufacturing of tobacco products. 3. The prohibitions in paragraph 1 shall be without prejudice to the execution of contracts concluded before 25 June 2021, or ancillary contracts necessary for the execution of such contracts. Article 1h 1. It shall be prohibited: (a) to import petroleum products as listed in Annex VII into the Union if they: (i) originate in Belarus; or (ii) have been exported from Belarus; (b) to purchase petroleum products which are located in or which originated in Belarus; (c) to transport petroleum products if they originate in Belarus, or are being exported from Belarus to any other country; (d) 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 set out in points (a), (b) and (c). 2. The prohibitions in paragraph 1 shall not apply to purchases in Belarus of petroleum products which are required in order to meet the essential needs of the purchaser in Belarus or of humanitarian projects in Belarus. 3. The prohibitions in paragraph 1 shall be without prejudice to the execution of contracts concluded before 25 June 2021, or ancillary contracts necessary for the execution of such contracts. Article 1i 1. It shall be prohibited to import, purchase or transfer, directly or indirectly, potassium chloride ("potash") products as listed in Annex VIII from Belarus, whether or not originating in Belarus. 2. The prohibitions in paragraph 1 shall be without prejudice to the execution of contracts concluded before 25 June 2021, or ancillary contracts necessary for the execution of such contracts. Article 1j It shall be prohibited to directly or indirectly purchase, sell, provide investment services for or assistance in the issuance of, or otherwise deal with transferable securities and money-market instruments with a maturity exceeding 90 days, issued after 29 June 2021 by: (a) the Republic of Belarus, its Government, its public bodies, corporations or agencies; (b) a major credit or other institution established in Belarus with over 50 % public ownership or control as of 1 June 2021, as listed in Annex IX; (c) a legal person, entity or body established outside the Union whose proprietary rights are directly or indirectly owned for more than 50 % by an entity listed in Annex IX; or (d) a legal person, entity or body acting on behalf or at the direction of an entity referred to in point (c) of this Article or listed in Annex IX. Article 1k 1. It shall be prohibited to directly or indirectly make or be part of any arrangement to make new loans or credit with a maturity exceeding 90 days, after 29 June 2021, to: (a) the Republic of Belarus, its Government, its public bodies, corporations or agencies; or (b) a major credit or other institution established in Belarus with over 50 % public ownership or control as of 1 June 2021, as listed in Annex IX; or (c) a legal person, entity or body established outside the Union whose proprietary rights are directly or indirectly owned for more than 50 % by an entity listed in Annex IX; or (d) any natural or legal person, entity or body when acting on behalf or at the direction of a legal person, entity or body referred to in point (c). 2. The prohibition shall not apply to loans or credits that have a specific and documented objective to provide financing for non-prohibited imports or exports of goods and non-financial services between the Union and any third State, including the expenditure for goods and services from another third State that is necessary for executing the export or import contracts. 3. The competent authority of a Member State may also grant, under such terms as it deems appropriate, an authorisation to make or be part of the loans or credits referred to in paragraph 1 if it has determined that: (i) the activities concerned are for the purpose of providing support for the Belarusian civilian population, such as humanitarian assistance, environmental projects, and nuclear safety or the loan or credit is necessary to comply with legal or regulatory minimum reserve or similar requirements to meet solvency and liquidity criteria for financial entities in Belarus which are majority-owned by financial institutions of the Union; and (ii) the activities concerned do not entail funds or economic resources being made available, directly or indirectly, to or for the benefit of a person, entity or body referred to in Article 2. When applying the conditions under points (i) and (ii), the competent authority shall require adequate information as regards the use of the authorisation granted, including information concerning the purpose of, and the counterparts to, the activities concerned. The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under this Article within two weeks of the authorisation. 4. The prohibition in paragraph 1 shall not apply to drawdowns or disbursements made under a contract concluded before 25 June 2021 provided that the following conditions are met: (a) all the terms and conditions of such drawdowns or disbursements: (i) were agreed before 25 June 2021; and (ii) have not been modified on or after that date; and (b) before 25 June 2021 a contractual maturity date has been fixed for the repayment in full of all funds made available and for the cancellation of all the commitments, rights and obligations under the contract; the terms and conditions of drawdowns and disbursements referred to in point (a) include provisions concerning the length of the repayment period for each drawdown or disbursement, the interest rate applied or the interest rate calculation method, and the maximum amount. Article 1l It shall be prohibited to provide insurance or re-insurance to: (i) the Belarusian Government, its public bodies, corporations or agencies; or (ii) any natural or legal person, entity or body acting on behalf or at the direction of a legal person, entity or body referred to in point (i). Article 1m It shall be prohibited to participate, knowingly and intentionally, in activities whose object or effect is, directly or indirectly, to circumvent the prohibitions set out in Articles 1e, 1f, 1g, 1h, 1i, 1j, 1k, and 1l. Article 1n In addition to the prohibitions set out in Article 1k, the European Investment Bank (EIB) shall: (a) be prohibited from making any disbursement or payment under or in connection with any existing agreements entered into between the Republic of Belarus or any public authority thereof and the EIB; and (b) suspend all existing Technical Assistance Service Contracts relating to projects financed under the agreements referred to in point (a), and which are intended for the direct or indirect benefit of the Republic of Belarus or any public authority thereof to be performed in Belarus.’;