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Sudan - EU and UN Sanctions - Update

NOTICE TO EXPORTERS - 11/05 - 12 August 2005

The latest position on EU and UN sanctions on Sudan, August 2005.

The European Union first imposed an arms embargo on the whole of the territory of Sudan in 1994 (Council Decision 94/165/CFSP).  Further measures were imposed on 9 January 2004. 

The UN Security Council imposed a partial arms embargo covering non-governmental entities and individuals operating in the States of North Darfur, South Darfur and West Darfur in July 2004 (UNSCR 1556) and extended the arms embargo to cover all parties to the N’djamena Ceasefire Agreement (including the Government of Sudan) and any other belligerents in those States in UNSCR 1591 of 29 March 2005.

The EU adopted Council Common Position 2005/411/CFSP on 30 May 2005 integrating the EU measures imposed by Council Common Position 2004/311/CFSP of 9 January 2004 with those contained in UNSCR 1591. The embargo prohibits:

• The delivery or supply of arms and related materiel to Sudan, from Member States’ territory, by their nationals, or using their flagged vessels and aircraft;
• The provision of technical assistance, brokering services and other services related to military activities and to the provision, manufacture, maintenance and use of arms and related materiel to any person, entity or body in, or for use in, Sudan;
• The provision of financing or financial assistance related to military activities to any person, entity or body, in or for use in, Sudan.

Council Regulation (EC) 131/2004 has been amended by Council Regulation (EC) 838/2005.  These prohibit the grant, sale, supply or transfer of technical assistance related to military activities and to the provision, manufacture, maintenance and use of arms and related materiel to any person, entity or body, in or for use in, Sudan.  They ban the provision of financing or provision of financial assistance related to military activities to any person, entity or body, in or for use in, Sudan.

The Sudan (Technical Assistance and Financing and Financial Assistance) (Penalties and Licences) Regulations 2004 (SI 2004/373), which came into force on 19 February 2004 provides licensing and enforcement powers for the Council Regulations.

The measures set out in the Common Position and Regulation do not apply to:

• Non-lethal military equipment intended solely for humanitarian or protective use, or for institution building programmes of the United Nations, the African Union, the EU and the Community;
• Material intended for EU, UN and African Union crisis management operations;
• Mine clearance equipment and materiel for use in mine clearance;
• The implementation of the Comprehensive Peace Agreement signed by the Government of Sudan and the Sudan People’s Liberation Movement/Army in Nairobi, Kenya on 9 January 2005;
• Protective clothing, including flak jackets and military helmets, temporarily exported to Sudan by UN personnel, personnel of the EU, the Community or its Member States, representatives of the media and humanitarian and development workers and associated personnel for their personal use.

Sudan is a destination covered by the provisions of the Trade in Controlled Goods (Embargoed Destinations) Order 2004 (SI2004/318).  This introduced extra-territorial controls on trade (trafficking and brokering) in arms and related materiel from a country outside the UK to specified embargoed destinations. 

More information on these controls is available in Notice 06/04. 

See also the details of the Sudan - EU Arms Embargo and EC Common Position (ECO Notice to Exporters published in February 2004).

For further details of  strategic export controls please contact the ECO.

Export Control Organisation

XNP Notice 11/05

12 August 2005