BELGIUM Law and Practice Contributed by: Valerijus Ostrovskis, Coline Cauvin, Delphine Buyle and Yapa Thepkanjana, ACQUIS
operating within the EU and the use of EU ports and locks for certain Russian vessels. • Prohibition on media services: certain Russian media outlets are subject to a broadcasting sus - pension within the EU. Additionally, advertising on these banned media outlets by any means is prohibited. • Prohibition to provide services directly related to tourism activities in Russia, including travel agency and tour operator services, tourist guide services and advertising services connected with those activities. • Cryptocurrency services: the provision of crypto- asset services to Russian nationals, persons residing in Russia, or legal persons and entities established in Russia is prohibited. More recent measures separately introduced a total sectoral ban on crypto-asset service providers and plat - forms based in Russia that facilitate the transfer or exchange of crypto-assets. The measures reflect the EU’s increasing focus on crypto-assets as a means of sanctions circumvention. 5.2 Goods Council Regulation (EU) No 833/2014 imposes restric - tions on the exportation and importation of several goods to and from Russia. These restrictions include the following. • Dual-use goods and technology, which can be used for both civilian and military purposes, are restricted. Military goods, specifically designed for military applications, are also prohibited. Maritime navigation equipment for maritime use is restricted, as are advanced electronics and components – particularly those intended for military applications. Industrial machinery used in various production processes is also included in the sanctions. • Sanctions targeting the energy sector include a phased prohibition to import, purchase or transfer of Russian LNG into the EU. • Aviation and space industry goods, including air - craft and spacecraft, are restricted as well. Certain motor vehicles – including trucks, buses and spe - cial vehicles, as well as high-end luxury vehicles – are prohibited. • High-value luxury goods (eg, luxury cars, jewel - lery and high-end fashion items) are banned if they
exceed certain value thresholds. Precious metals and stones (eg, gold, silver, platinum and dia - monds) are banned. • Iron and steel products and other revenue-gen - erating imports, including raw materials, metals, chemicals and minerals, are sanctioned, alongside coal and other solid fossil fuels. • Banknotes and securities, which include currency and financial instruments, are restricted under the sanctions. 6. Civil Litigation and Arbitration 6.1 Force Majeure Belgian courts may consider compliance with sanc - tions as a case of force majeure. This means that com - panies may be able to invoke force majeure clauses in their contracts to suspend or terminate performance of obligations as a result of sanctions against Russia. If the performance of a contract becomes illegal owing to the sanctions imposed, Belgian courts may rule that the contract cannot be performed. This can lead to the application of the doctrine of “frustration”, whereby a contract is rescinded because it has become impos - sible to perform it without breaking the law. 6.2 Enforcement Belgian courts handle the enforcement of judgments involving sanctions by carefully adhering to both domestic law and EU regulations. Under EU law, judgments rendered by courts in other EU member states generally enjoy automatic recogni - tion and enforcement within all EU member states. It is not required to obtain prior recognition and enforce - ment by a Belgian court. However, in practice, EU operators may still refuse enforcement if circumstances that appear to be a vio - lation of EU sanctions become known during enforce - ment efforts. This is particularly true if they were not addressed by an EU court judgment or if the activ - ity required by the EU operator is subject to licence requirements (such as release of funds by a bank). In such cases, parties involved may request required domestic licences based on the judgment or address
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