10/26/2021 - 16:12
State

South Sudan

South Sudan
Status of the embargo
Ongoing
Organisation(s)
UN & EU
Restriction(s)
arme
Exceptions
Yes, no prior notification or approval
Yes, prior notification
Yes, prior approval
Introduction

South Sudan has been under UN arms embargo since July 13th 2018 (Resolution 2428 (2018)).

South Sudan has been under UN arms embargo since July 13th 2018 (Resolution 2428 (2018)).

Prohibitions

The sanctions regime, as detailed in Resolution 2428 (2018) provides that «  all Member States shall immediately take the necessary measures to prevent the direct or indirect supply, sale or transfer to the territory of South Sudan from or through their territories or by their nationals, or using their flag vessels or aircraft, of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned; and technical assistance, training, financial or other assistance, related to military activities or the provision, maintenance or use of any arms and related materiel, including the provision of armed mercenary personnel whether or not originating in their territories » (Resolution 2428 (2018), para. 4).

Exceptions

However, the sanctions regime provides for several types of exceptions:

Not requiring any prior notification to or approval from the UN Sanctions Committee on South Sudan:

  • The supply, sale or transfer of “Arms and related materiel, as well as training and assistance, intended solely for support of or use by UN personnel, including the United Nations Mission in the Republic of South Sudan (UNMISS) and the United Nations Interim Security Force for Abyei (UNISFA)” (Resolution 2428 (2018), para. 5, a).
  • The supply, sale or transfer of “Protective clothing, including flak jackets and military helmets, temporarily exported to South Sudan by UN personnel, representatives of the media and humanitarian and development workers and associated personnel, for their personal use only” (Resolution 2428 (2018), para 5, c).

Requiring prior notification to the UN Sanctions Committee on South Sudan:

  • The supply, sale or transfer of “Arms and related materiel temporarily exported to South Sudan by the forces of a State which is taking action, in accordance with international law, solely and directly to facilitate the protection or evacuation of its nationals and those for whom it has consular responsibility in South Sudan (Resolution 2428 (2018), para. 5, d).
  • The supply, sale or transfer of “Arms and related materiel, as well as technical training and assistance, to or in support of the African Union Regional Task Force intended solely for regional operations to counter the Lord’s Resistance Army” (Resolution 2428 (2018), para. 5, e). 
  • The supply, sale or transfer of “non-lethal military equipment intended solely for humanitarian or protective use, and related technical assistance or training” (Resolution 2428 (2018), para. 5, b).

Requiring prior approval from the UN Sanctions Committee on South Sudan:

  • The supply, sale or transfer of « Arms and related materiel, as well as technical training and assistance, solely in support of the implementation of the terms of the peace agreement » (Resolution 2428 (2018), para. 5, f). 
  • Any other sales or supply of arms and related materiel, or provision of assistance or personnel (Resolution 2428 (2018), para. 5, g).

Others

The arms embargo also calls upon Member-States to inspect in their territory all cargo bound to South Sudan, including in seaports and airports, and, upon discovery of prohibited items, seize and dispose of them (para. 8 and 9).

The arms embargo is in force until 31st May 2021.

South Sudan is also under EU arms embargo.

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adobe Resolution 2577(2021)

 adobe  Resolution 2428 (2018)

South Sudan has been under EU arms embargo since March 1994 (Council Decision 94/165/CFSP), initially as part of the Republic of Sudan and as an independent State from July 2011 onwards (Council Decision 2011/423/CFSP). Since July 2014, a specific arms embargo against South Sudan has been in force. Sanctions were first expanded in 2004 only to be scaled down a year later. They were again amended in 2011, 2014 and 2015. In 2014, two separate sanctions regimes were adopted against Sudan and South Sudan.

Prohibitions

The current sanctions regime against South Sudan, as detailed in Decision 2015/740/CFSP and Regulation 735/2015, prohibits the sale, supply, transfer or export of “arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and spare parts for the aforementioned to South Sudan” (Decision 2015/740/CFSP, art. 1, para. 1)

The provision of technical assistance brokering services, financing or financial assistance related to military activities or related to the provision, manufacture, maintenance and use of such items are prohibited (Regulation 735/2015, art .2, and Decision 2015/740/CFSP, art. 1, para. 2).

Exceptions

However, the sanctions regime provides for several exceptions.

Not requiring any prior notification to or approval from the UN Sanctions Committee on South Sudan:

  • The sale, supply or transfer of “arms and related materiel, intended solely for the support of or use by UN personnel, including the United Nations Mission in the Republic of South Sudan (UNMISS) and the United Nations Interim Security Force for Abyei (UNISFA)” (Decision 2015/740/CFSP, art. 2, para. a).
  • Protective clothing, including flak jackets and military helmets, temporarily exported to South Sudan by UN personnel, representatives of the media, humanitarian and development workers and associated personnel for their personal use only” (Regulation 735/2015, art. 3, para. b, Decision 2015/740/CFSP, art. 2, para. a).

Requiring prior notification to the UN Sanctions Committee on South Sudan:

  • The sale, supply or transfer of “non-lethal military equipment intended solely for humanitarian or protective use, and related technical assistance or training” (Decision 2015/740/CFSP, art. 2, para. 1, b).
  • Arms and related materiel temporarily exported to South Sudan by the forces of a State which is taking action, in accordance with international law, solely and directly to facilitate the protection or evacuation of its nationals and those for whom it has consular responsibility in South Sudan” (Decision 2015/740/CFSP, art. 2, para d).
  • The supply, sale, transfer or export of “arms and related materiel, as well as technical training and assistance, to or in support of the African Union Regional Task Force intended solely for regional operations to counter the Lord's Resistance Army” (Decision 2015/740/CFSP, art. 2, para. e).

Requiring prior approval from the UN Sanctions Committee on South Sudan:

  • The supply, sale, transfer or export of “arms and related materiel, as well as technical training and assistance, solely in support of the implementation of the terms of the peace agreement” (Decision 2015/740/CFSP, art. 2, para. f).
  • Any other supplies, sales, transfers or exports of arms and related materiel, or provision of assistance or personnel (Decision 2015/740/CFSP, art. 2, para. g).

Others

The EU sanctions regime is indefinite (Council Decision 2015/740/CFSP).

 

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adobe Council Decision 94/165/CFSP

adobe Council Decision 2011/423/CFSP

adobe Council Decision 2015/740/CFSP

adobe Regulation 735/2015 (consolidated version 10th July 2015)

 

Lien: 

Web page for EU Sanctions and restrictive measures

https://eeas.europa.eu/topics/sanctions-policy_en

 

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