Restrictive measures in respect of the situation in South Sudan

SUMMARY OF:

Decision (CFSP) 2015/740 concerning restrictive measures in view of the situation in South Sudan

Regulation (EU) 2015/735 concerning restrictive measures in respect of the situation in South Sudan

WHAT IS THE AIM OF THE DECISION AND THE REGULATION?

The decision and regulation are part of the European Union’s (EU) common foreign and security policy (CFSP) toolbox, promoting the CFSP objectives by providing the legal basis for EU sanctions in view of the situation in South Sudan.

KEY POINTS

Restrictive measures

Decision (CFSP) 2015/740 and Regulation (EU) 2015/735, which have been amended by implementing acts numerous times, set out restrictive measures to be imposed on listed individuals and entities, including the following.

A ban on providing military technical assistance and brokering services, and on providing, manufacturing, maintaining and using arms and any related equipment, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and spare parts, directly or indirectly for use in South Sudan.
A ban on financial assistance for military activities, including grants, loans and export credit insurance, along with insurance and reinsurance, for the sale, supply, transfer or export of arms and related equipment, or for providing related technical assistance, brokering services or other services, directly or indirectly for use in South Sudan.
A ban on technical assistance, financing or financial assistance or brokering services related to providing armed mercenary personnel in South Sudan or for use in South Sudan.
A freeze on funds and economic resources, of those:
- responsible for or complicit in, or having engaged in, directly or indirectly, actions or policies that threaten the peace, security or stability of South Sudan;
- responsible for obstructing the political process in South Sudan, including by acts of violence or violations of ceasefire agreements, and persons responsible for serious violations of human rights in South Sudan, and individuals, entities or bodies associated with them.

Exceptions

The bans do not apply to financing and financial assistance, technical assistance and brokering services related to:

arms intended solely to support or for use by UN personnel, including the UN Mission in the Republic of South Sudan and the UN Interim Security Force for Abyei;
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.

Relevant authorities can authorise financing and financial assistance, technical assistance and brokering services, provided that the United Nations Sanctions Committee agrees on a case-by-case basis, for:

non-lethal military equipment intended solely for humanitarian or protective use;
arms temporarily exported to South Sudan by the forces of a state taking action, in accordance with international law, to facilitate the protection or evacuation of its nationals and those for whom it has consular responsibility in South Sudan;
arms in support of the African Union Regional Task Force intended solely for regional operations to counter the Lord’s Resistance Army;
arms solely to support implementation of the terms of the peace agreement;
other sales or supply of arms, assistance or personnel.

Relevant authorities can authorise certain frozen funds or economic resources to be released provided that the United Nations Sanctions Committee agrees on a case-by-case basis:

to satisfy basic needs, including payment for food, rent, medicines, taxes and utilities;
for extraordinary expenses;
to pay for reasonable professional fees;
to pay fees for holding the frozen funds;
for payments due under a prior contract or agreement, and which do not breach sanctions;
for certain other purposes including judicial, administrative or arbitral judgments, if certain conditions are met in full.

Individuals, entities and bodies subject to restrictive measures

Annexes to Regulation (EU) 2015/735 (as amended) list individuals and legal persons, entities and bodies currently subject to the abovementioned restrictive measures. The lists are updated at regular intervals (at least every 12 months).

Additionally, travel restrictions are imposed on individuals listed in annexes to Decision (CFSP) 2015/740 (as amended), with exceptions determined on a case-by-case basis, including for:

travel justified by humanitarian need, including religious obligation;
travel to fulfil a judicial process;
travel furthering the objectives of peace and national reconciliation in South Sudan and stability in the region;
attending intergovernmental meetings and meetings promoted or hosted by the EU where a political dialogue is conducted that directly promotes the policy objectives of restrictive measures, including democracy, human rights and the rule of law in South Sudan.

Humanitarian exemptions

In accordance with United Nations Security Council Resolution 2664 (2022), Council Regulation (EU) 2023/720 and Council Decision (CFSP) 2023/726 introduce into EU law an exemption to the asset freeze measures for timely delivery of humanitarian assistance and other relief activities carried out by UN programmes, international organisations and non-governmental organisations participating in UN humanitarian response plans and other appropriate bodies.

Providers relying on the humanitarian exemption must make reasonable efforts to minimise the accrual of any benefits prohibited by sanctions to listed individuals or entities.

FROM WHEN DO THE DECISION AND REGULATION APPLY?

Decision (CFSP) 2015/740 and Regulation (EU) 2015/735 have applied since 9 May 2015.

BACKGROUND

For further information, see:

The EU and South Sudan (European External Action Service)
Delegation of the European Union to South Sudan (European External Action Service).

MAIN DOCUMENTS

Council Decision (CFSP) 2015/740 of 7 May 2015 concerning restrictive measures in view of the situation in South Sudan and repealing Decision 2014/449/CFSP (OJ L 117, 8.5.2015, pp. 52–58).

Successive amendments to Decision (CFSP) 2015/740 have been incorporated into the original text. This consolidated version is of documentary value only.

Council Regulation (EU) 2015/735 of 7 May 2015 concerning restrictive measures in respect of the situation in South Sudan, and repealing Regulation (EU) No 748/2014 (OJ L 117, 8.5.2015, pp. 13–24).

See consolidated version.