1. When were the USA and EU sanctions first imposed on Belavia?

The USA and EU first sanctioned Belavia in 2021, following human rights violations when a Ryanair aircraft was diverted to Minsk under a false bomb threat to arrest an opposition journalist. Sanctions on Belarusian carriers were expanded in March 2022 after Russia invaded Ukraine.

2. What does the easing of USA sanctions mean?

The USA has not lifted all restrictions, but it now allows USA companies to supply spare aircraft parts, maintenance, and repair services to Belavia, limited strictly to its existing fleet. The licence does not permit the purchase of new aircraft.

USA suppliers must also ensure parts are not resold or transferred to Russia or other sanctioned entities. It remains uncertain how the USA authorities will monitor compliance to prevent sanctions on Russia from being circumvented via Belavia.

3. What EU sanctions still apply?

Despite the USA move, EU sanctions remain unchanged. Restrictions for EU-based companies, including those in Lithuania, are unaffected. Since 2021, the EU has imposed strict measures on Belarusian aviation, which were further expanded in 2022. Current EU sanctions include:

• Ban on Belarusian airlines, including Belavia, operating in EU airspace.
• Ban on EU companies selling aircraft, parts or related equipment to Belarusian carriers.
• Prohibition on leasing, insurance, repair or financial services for Belavia.
• Freezing of Belavia’s assets in the EU, preventing any transfers, loans or transactions.

4. How must USA suppliers prevent sanctions evasion, and what are the consequences?

USA companies must apply strict end-use controls, including requiring Belavia to sign an end-user statement confirming that parts will be used only for its own fleet and not re-exported to Russia or other sanctioned parties.

Suppliers should implement monitoring and contractual safeguards to prevent resale. Any diversion of parts to Russia could result in civil and criminal liability, including fines, loss of export rights and reputational damage.

5. What are the implications for Lithuanian businesses and Belavia’s allies?

For Lithuanian companies, nothing has changed. EU restrictions remain in force, meaning no supply of aircraft or parts to Belarus. Attempts to circumvent sanctions – for example, reselling via USA firms with knowledge that goods will reach Belavia – would constitute a breach of international sanctions, carrying criminal liability for both companies and executives.

Amendments to Lithuania’s International Sanctions Act now impose criminal liability even for unintentional (negligent) breaches, applying to legal entities and managers. Lithuanian businesses, therefore, face high risks if participating in any circumvention schemes.

Moreover, under EU regulation, contracts with third-country companies (e.g. in the USA) must include “No Russia” and “No Belarus” clauses prohibiting resale. If a counterparty refuses, an EU exporter may unilaterally declare such restrictions, albeit under certain conditions.

Hypothetically, Belavia could sign all required documents but still divert parts to, eg, Russia or Iran. Given the limited likelihood of cooperation from Russian or Iranian authorities with the USA or European export control, such transactions would be difficult to trace.

While the political deal behind the USA decision remains unclear, a potential hole has been opened for aircraft supply to hostile jurisdictions. The hope is that Western companies will not pursue such schemes and that the USA authorities will closely monitor Belavia-related transactions.