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Congo, DRC

Status of the embargoOngoing
EntityState
Organisation(s) imposing embargo(es)UN & EU
Restriction(s)Conventional weapons
ExceptionsYes, no prior notification or approval
Yes, prior notification
Yes, prior approval

The Democratic Republic of Congo is currently under UN and EU  arms embargoes.

UN

The Democratic Republic of Congo (DRC) has been under UN arms embargo since July 2003 (Resolution 1493 (2003)). Since 2008, sanctions have only targeted non-governmental forces (Resolution 1807 (2008), para. 2).

  1. Conventional weapons

Prohibitions

The current sanctions regime, as detailed in Resolution 1807 (2008), renewed and updated by Resolution 2293 (2016), Resolution 2641 (2022) and Resolution 2667 (2022) and reaffirmed in Resolution 2688 (2023), provides that : “all States shall take the necessary measures to prevent the direct or indirect supply, sale or transfer, from their territories or by their nationals, or using their flag vessels or aircraft, of arms and any related materiel, and the provision of any assistance, advice or training related to military activities, including financing and financial assistance, to all non-governmental entities and individuals operating in the territory of the Democratic Republic of the Congo” (Resolution 1807 (2008), para. 1).

Exceptions

The UN arms embargo provides for several exceptions:

Requiring no prior approval from or notification to the UN Sanctions Committee on DRC :

  • The supply of arms and related materiel intended solely for the support of or use by the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO) or the African Union-Regional Task Force (Resolution 2688 (2023), para. 1, renewing Resolution 2293 (2016), para. 3 (a)).
  • The supply of “protective clothing, including flack jackets and military helmets, temporarily exported to the Democratic Republic of the Congo by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel, for their personal use only” (Resolution 2688 (2023), para. 1, renewing Resolution 2293 (2016), para. 3 (b)).
  • The “other supplies of non-lethal military equipment intended solely for humanitarian or protective use, and related technical assistance and training” (Resolution 2641 (2022), para.1 updating Resolution 1807 (2008), para.5)
  • “The supply, sale or transfer of arms and related materiel to the Government of the RDC” (Resolution 1807 (2008), para.2 and 5 and Resolution 2293 (2016), updated by Resolution 2667 (2022), para.1, and reaffirmed in Resolution 2688 (2023), para.1).

Requiring prior approval from and notification to the UN Sanctions Committee on DRC :

  • The “other sales and or supply of arms and related materiel, or provision of assistance or personnel” (Resolution 2688 (2023), para. 1, renewing Resolution 2293 (2016), para. 3 (d)). This exception refers to arms transfers to private non-state actors, such as private security companies.

Others

The UN arms embargo has been renewed to date and extended to 1st July 2024 (Resolution 2688 (2023) para. 5).

DRC is also under EU arms embargo.

EU

The Democratic Republic of Congo (DRC) has been under EU arms embargo since April 1993 (Statement 33/93 regarding Zaire, dated 7th April 1993). Sanctions were initially strengthened in 2002 (Common Position 2002/829/CFSP) only to be eased since 2003 onwards (Common Position 2003/680/CFSP and Regulation 1727/2003) so that they are now limited to non-governmental forces.

  1. Conventional weapons

Prohibitions 

The current sanctions regime, as detailed in the updated versions of Council Decision 2010/788/CFSP and its related Regulation 1183/2005, prohibits :

  • “the direct or indirect supply, sale or transfer of arms and any related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and spare parts for the aforementioned to all non-governmental entities and individuals operating in the territory of the Democratic Republic of the Congo (DRC)” (Decision 2010/788/CFSP, art. 1, para. 1).
  • to “grant, sell, supply or transfer technical assistance, brokering services and other services related to military activities and to the provision, manufacture, maintenance and use of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned, directly or indirectly to all non-governmental entities and individuals operating in the territory of the DRC” (Decision 2010/788/CFSP, art. 1, para. 2 (a) and Regulation 1183/2005, art. 1a, para. 1 (a)).
  • to “provide financing or financial assistance related to military activities, including in particular grants, loans and export credit insurance, for any sale, supply, transfer or export of arms and related materiel, or for any grant, sale, supply, or transfer of related technical assistance, brokering services and other services, directly or indirectly to all non-governmental entities and individuals operating in the territory of the DRC” (Decision 2010/788/CFSP, art. 1, para. 2 (b) and Regulation 1183/2005, art. 1a, para. 1 (b)).

Exceptions 

The EU arms embargo provides for several exceptions : 

Requiring no prior approval from or notification to the UN Sanctions Committee on DRC : 

  • “The supply, sale or transfer of arms and any related materiel or the provision of technical assistance, financing, brokering services and other services related to arms and related materiel intended solely for support of, or use by, the United Nations Organisation Stabilisation Mission in the Democratic Republic of the Congo (MONUSCO)” (Decision 2010/788/CFSP, art. 2, para. 1 (a) and Regulation 1183/2005, art. 1b, para. 1 (a)).
  • “The supply, sale or transfer of protective clothing, including flak jackets and military helmets, temporarily exported to the DRC by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel, for their personal use only” (Decision 2010/788/CFSP, art.2, para. 1 (b)). 
  • “The supply, sale or transfer of non-lethal military equipment intended solely for humanitarian or protective use, or the provision of technical assistance and training, related to such non- lethal equipment” (Decision 2010/788/CFSP, art. 2, para. 1, (c) and Regulation 1183/2005, art. 1b, para. 1 (b)).

Requiring prior notification to the UN Sanctions Committee on DRC : 

  • “The supply, sale or transfer of arms and any related materiel, or the provision of related financial or technical assistance or training, intended solely for the support of or use by the African Union- Regional Task Force, as well as the supply of technical assistance, financing or financial assistance or brokering services related to arms and related material” (Decision 2010/788/CFSP, art. 2, para. 1 (d), and Regulation 1183/2005, art. 1b, para. 1 (c)). Decision 2010/788/CFSP (art.2, para.3) stipulate that only cinq types of weapons are subject to notification :
    • All types of weapons with a calibre up to 14.5mm and associated ammunition
    • Mortars with a calibre up to 82mm and associated ammunition
    • Grenade and rocket launchers with a calibre up to 107mm and associated ammunition
    • Man-portable air-defense systems (MANPADS)
    • Anti-tank guided missile systems

Requiring prior approval from and notification to the UN Sanctions Committee on DRC : 

  • “The other sales and/or supply of arms and related materiel, or provision of assistance or personnel” (Decision 2010/788/CFSP, art. 2, para. 1 (e)). This exception refers to arms transfers to private non-state actors, such as private security firms. Decision 2010/788/CFSP (art.2, para.3) stipulate that only cinq types of weapons are subject to notification :
    • All types of weapons with a calibre up to 14.5mm and associated ammunition
    • Mortars with a calibre up to 82mm and associated ammunition
    • Grenade and rocket launchers with a calibre up to 107mm and associated ammunition
    • Man-portable air-defense systems (MANPADS)
    • Anti-tank guided missile systems

Others 

The EU arms embargo is indefinite. 

The Democratic Republic of Congo is also under UN arms embargo. 

Restrictions diagram :

Conventional weapons