Sudan

Status of the embargo

Ongoing

Organisation(s)

UN & EU

Restriction(s)

Exceptions

Yes, no prior notification or approval

Yes, prior approval

Introduction

Sudan has been under UN arms embargo since July 2004 (Resolution 1556 (2004), 1591 (2005), 1945 (2010) and 2035 (2012). Unlike the EU arms embargo, that of the UN only applies to a segment of Sudanese terriotry, i.e. Darfur.

▼ UN

Prohibitions

The sanctions regime provides “that all states shall take the necessary measures to prevent the sale or supply, to all non-governmental entities and individuals (…) operating in the states of North Darfur, South Darfur and West Darfur (…) of arms and related materiel of all types”. (Resolution 1556 (2014), para. 7).

Exceptions

Requiring prior notification to the UN Sanctions Committee on Sudan:

“supplies and related technical training and assistance to monitoring, verification or peace support operations, (…) that are authorized by the United Nations or are operating with the consent of the relevant parties” (Resolution 1556 (2014), para. 9).

Requiring prior approval from the UN Sanctions Committee on Sudan:

The movement of military equipment and supplies into the Darfur region with the prior request of the Government of Sudan and approved by the UN Sanctions Committee on Sudan (Resolution 1591 (2015), para. 3, a). Moreover, Member-States are urged to be mindful on the risks of diversion by the Government of Sudan of items and services provided that could be used to “support military aircraft being used in violation of resolutions 1556 (2005) and 1591 (2005)”. States shall also take into account the risk that these items may ‘be converted for military purposes and transferred to Darfur” (Resolution 2200 (2015), para. 9).

Others

The arms embargo is indefinite.

Sudan is also under EU arms embargo covering the entire Sudanese territory.

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  Resolution 1556 (2004)

  Resolution 1591 (2005)

  Resolution 1945 (2010)

  Resolution 2035 (2012)

  Resolution 2138 (2014)

  Resolution 2200 (2015)

Lien:

Site du Comité des sanctions des Nations unies

https://www.un.org/sc/suborg/fr/sanctions/1591

▼ EU

Sudan has been under EU arms embargo since March 1994 (Council Decision 94/165/CFSP which changed according to that of the UN, thereby easing sanctions progressively. Unlike the latter, it is however not limited to Darfur but covers the entire Sudanese territory. In the wake of South Sudan’s independence in July 2011, EU sanctions were first turned into a common regime for both Sudanese and South Sudanese territories (Council Decision 2011/423/CFSP). In 2014 though, this common regime was split to allow for two separate sets of sanctions to be established against Sudan and South Sudan.

Prohibitions

The current sanctions regime, as detailed in Decision 2014/450/CFSP, supplemented by Regulation 747/2014, prohibits the sale and supply to Sudan of “arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and spare parts for the aforementioned” (Decision 2014/450/CFSP, art. 1, para. 1).

Similarly, the provision of technical or financial assistance related to the aforementioned items to Sudan is also prohibited (Regulation 747/2014, art. 2, and Decision 2014/450/CFSP, art. 1, para. 2).

Exceptions

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

The sale, supply, transfer or export of non-lethal military equipment intended solely for humanitarian, human rights monitoring or protective use, or for institution-building programmes of the UN, the African Union (AU), the European Union, or of materiel intended for the European Union, UN and AU crisis management operations, as well as the provision of technical assistance, brokering services, financing or financial assistance related to these items (Decision 2014/450/CFSP, art. 1, para. 1, a, b, c and d; and Regulation 747/2014, art. 3, a, and b).
The sale, supply, transfer or export of non-combat vehicles which have been manufactured or fitted with materials to provide ballistic protection, intended solely for the protective use, in Sudan, by personnel of the European Union and its Member States, or by UN or AU personnel (Decision 2014/450/CFSP, art. 2, para. 1, b).
The sale, supply, transfer or export of de-mining equipment and materiel for use in de-mining operations, as well as the provision of technical assistance, brokering service and financial assistance related (Regulation 747/2014, art. 3, c; and Decision 2014/450/CFSP, art. 2, para. 1, e).
The supply, sale or transfer of protective clothing, including flak jackets and military helmets, temporarily exported to Sudan by UN personnel, personnel of the European Union or its Member States, representatives of the media, humanitarian and development workers and associated personnel for their personal use only, as well as the provision of technical assistance, brokering service and financial assistance related (Regulation 747/2014, art. 4, and Decision 2014/450/CFSP, art. 2, para. 2).

Decision 2014/450/CFSP calls upon EU Member-States to require sufficient safeguards against misuse and diversion of exported items and, where appropriate, make provisions for repatriation of the equipment (Decision 2014/450/CFSP, art. 2, para. 3).

Others

The EU arms embargo is indefinite but Decision 2014/450/CFSP provides that arms-related sanctions will be reviewed on a regular basis at least every 12 months, and if necessary, be repealed (Decision 2014/450/CFSP, art. 9).

Sudan is also under UN arms embargo.

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Council Decision 94/165/CFSP

Council Decision 2011/423/CFSP

Council Decision 2014/450/CFSP

Regulation 747/2014