The
situation with regard to the transhipment of Belarusian potash through
Lithuania and the country’s Klaipeda port was confused as the week drew to a
close.
State-owned
Lithuanian Railways (LTG) – as cited in a Reuters
report – said on Dec. 8 it will continue to transport Belarus potash in
December and into January, despite the U.S. sanctions on Belaruskali. However,
it is unclear if LTG will continue to transport Belarus potash beyond January.
Belarus
rails most of its potash for export through Lithuania, into the Lithuanian port
of Klaipėda for onward shipment
Sanctions
imposed by the U.S. on Aug. 9, which prohibit sales to that nation by Belarus state-owned
potash producer Belaruskali, OAO, kicked in on Dec. 8 after a four-month
wind-down period (GM Aug. 13, p. 1).
On Dec.
2, the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC)
announced sanctions on the marketer/exporter of Belaruskali’s potash,
Belarusian Potash Co. (BPC), which was not included on the initial U.S. sanctions
list (GM Dec. 3, p. 1). Under these
latest sanctions, BPC has been given to April 1, 2022, to wind down
transactions.
LTG
expects to continue transporting Belarus potash despite the U.S. sanctions
because they only apply to U.S.-connected entities, the report cited the
railway company’s CEO Mantas Bartuska telling a Lithuanian parliamentary
hearing on Dec. 8.
The CEO
said LTG has a contract with Belaruskali that expires at the end of 2023, and the
railways company cannot terminate it.
According
to the report, citing Bartuska, while Lithuanian banks will not process
Belaruskali payments due to sanctions, Belaruskali paid in advance for rail
transportation services through December and into January. The CEO said
Lithuania’s Foreign Ministry was notified of the payment.
Lithuania’s
Foreign Minister Gabrielius Landsbergis has said he is ready to resign over a
decision by the railways company to continue to transport Belarus potash in
December despite U.S. sanctions on Belaruskali.
What is
unclear at this time is whether LTG will stop transporting all Belaruskali potash
once the advance payment is used up, or whether Belaruskali will be able to get
further payments to the railways company processed.
The
European Union (E.U.) sanctions imposed against the Belarusian regime, which
came into force on June 25 (GM June
25, p. 1), restrict imports of Belarusian potash into E.U. countries and a
transit ban via E.U. countries, of which Lithuania is one.
Crucially,
though, a key grade of Belarusian potash was excluded from the E.U. ban.
Potassium chloride with a potassium content evaluated as K2O by
weight, exceeding 40 percent but not exceeding 60 percent on the dry anhydrous
product, is not included on the sanctions list. Additionally, Belarus’ current
supply contracts with India and China – i.e., those concluded before June – are
not subject to the Brussels sanctions.
According
to the Reuters report, Lithuanian
Prime Minister Ingrida Šimonytė told reporters on Dec. 8 that she expects the
potash transportation “would not last for long,” without giving
further details.
According
to a Dec. 9 report by Charter 97, a
Belarus pro-democracy and a pro-human rights news site, Lithuanian Transport Minister Marius Skuodis is to ask the
country’s National Security Commission to assess the agreement between LTG and
Belaruskali.
The
Commission will decide whether the agreement is in Lithuania’s national
security interests, according to the report.
U.S.
sanctions do not cover Lithuania, but – as with E.U. sanctions against the
Belarusian regime – many of Belarus’ banks are under sanction, as well as U.S.
financial entities being prohibited from doing business connected with
Belarusian potash.
According
to the Charter 97 report, the further
fulfilment of LTG potash transportation obligations will depend on the
decisions of the Lithuanian authorities and the position of the banks processing
orders for Belaruskali.
According
to a Dec. 9 report by the Baltic News
Service (BNS), citing Igor Udovickij, the majority shareholder of Klaipėda’s
Bulk Cargo Terminal (Birių krovinių terminalas, or BKT), which handles
Belaruskali shipments via Lithuania, the transit of Belarusian potash via
Lithuania cannot be suspended, as he said “that would run counter to
Lithuania’s international agreements.”
Udovickij,
who owns a 70 percent stake in BKT, said “there are no, and there cannot
be any U.S. sanctions on Belarusian potash transit via Lithuania since transit,
as a procedure, cannot be subject to sanctions.” Belaruskali owns the
remaining 30 percent stake in the terminal.
According
to Udovickij – as cited by the report – all states, including the U.S., are
subject to international treaties – the World Trade Organization agreement and
the United Nations Convention on the Law of the Sea. They guarantee the freedom
of transit for states without sea access.
He said
the U.S. and the E.U., having ratified these agreements, cannot violate them.
According to Udovickij, those involved in the transit of potash, including Lithuanian state institutions, have consulted the U.S. Treasury and the European Commission on the application of the sanctions. They were told that Belarusian potash can be transported via Lithuania if payments are made in euros instead of U.S. dollars, according to the report.
If the
transit of Belarusian potash via Lithuania were to be halted, Belaruskali/BPC
would have to ship through Russia. But as yet, there is no agreement with
Moscow on this.