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Sanctions regimes

Sudan and South Sudan

Why are sanctions imposed?

In 2004, the United Nations Security Council (UNSC) imposed sanctions in relation to Sudan in response to the ongoing humanitarian crisis and widespread human rights violations in Sudan. The sanctions regime has been amended and renewed by several subsequent UNSC resolutions. Following the independence of the Republic of South Sudan in 2011, the UNSC’s Sudan Sanctions Committee confirmed that the sanctions regime in relation to Sudan does not apply to South Sudan. However, in 2015 the UNSC decided to impose sanctions in relation to South Sudan in view of the deterioration of the security and humanitarian situation, including ongoing human rights violations and abuses. In July 2018, the UNSC imposed an arms embargo on South Sudan in response to ongoing hostilities and peace agreement violations.

Australia implements UNSC sanctions by incorporating them into Australian sanctions law.

What is prohibited by the Sudan and South Sudan sanctions regimes?

The South Sudan and Sudan sanctions regimes impose the following sanctions measures:

Measure

Sudan

South Sudan

restrictions on supplying arms or related matériel, and related services, to designated persons or entities

restrictions on providing assets to designated persons or entities

restrictions on dealing with the assets of designated persons or entities

travel bans on designated persons

Restrictions on supplying arms or related matériel

Both the Sudan and South Sudan sanctions regimes impose an arms embargo. It is prohibited to directly or indirectly supply, sell or transfer arms or related matériel to designated persons or entities.

Arms or related matériel includes, but is not limited to, weapons, ammunition, military vehicles and equipment, and spare parts and accessories for any of those things. It also includes paramilitary equipment. While each case will be considered individually, goods on the Defence and Strategic Goods List are likely to be considered arms or related matériel. Depending on the context, end user and end use, other goods may also be considered arms or related matériel.  Go to Factsheet: Arms or Related Matériel [LW1] for information on what to consider when assessing whether a good is arms or related matériel.

Restrictions on providing certain services

To complement the restrictions on supplying arms or related matériel, providing services that relate to those sanctioned goods is also restricted. It is prohibited to provide technical training or assistance which relates to the provision, manufacture, maintenance or use of arms or related matériel to a designated person or entity.

Restrictions on providing assets to designated persons or entities

It is prohibited to directly or indirectly make an asset available to (or for the benefit of) a designated person or entity.

Restrictions on dealing with the assets of designated persons or entities (requirement to freeze assets)

It is prohibited to use or deal with an asset, or allow or facilitate another person to use or deal with an asset owned or controlled by a designated person or entity (the assets are ‘frozen’ and cannot be used or dealt with). The prohibition on ‘dealing’ with assets includes using, selling or moving assets. ‘An 'asset' includes an asset or property of any kind, whether tangible or intangible, movable or immovable.

Go to the Consolidated List to search the names of designated persons and entities.

If you become aware that you are holding an asset of a designated person or entity, you are required to freeze (hold) that asset and notify the AFP as soon as possible. Go to What You Need to Do for more information.

 

Travel bans

All persons designated for the Sudan and South Sudan sanctions regimes are prohibited from transiting through or entering Australia.

 

Sanctions Permits

The Minister for Foreign Affairs may grant a sanctions permit to allow an activity that would otherwise be prohibited under these regimes provided the activity meets specific criteria.

The tables below provides a general guide to relevant criteria for both regimes. You should get your own legal advice if you think your proposed activity is affected by sanctions and may meet the criteria for a permit. Go to Sanctions Permits for information on permits, including how to apply.  

The Foreign Minister may need to notify or receive the approval of the UNSC Sudan and South Sudan Sanctions Committees before granting a sanctions permit. Where required, the Australian Sanctions Office will assist the Foreign Minister to notify or seek approval from the UNSC as part of the permit application process.

 

SOUTH SUDAN

Measure

Criteria

Reference 

Restrictions on the export or supply of goods

The supply is:

  • intended solely for the support of, or use by, a member of the personnel of the United Nations, including:
  • of non-lethal military equipment that:
    • is intended solely for humanitarian or protective use; and
    • has been notified in advance to the Committee;
  • of protective clothing that is to be temporarily exported to South Sudan by any of the following, for their personal use only:
    • a member of the personnel of the United Nations;
    • a representative of the media;
    • a humanitarian or development worker;
    • a person associated with a person mentioned in any of subparagraphs (above);
  • of arms or related matériel that:
    • is to be 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; and
    • has been notified to the Committee;
  • of arms or related matériel that:
    • is to be made to or in support of the African Union Regional Task Force; and
    • is intended solely for regional operations to counter the Lord's Resistance Army; and
    • has been notified in advance to the Committee;
  • of arms or related matériel that:
    • is to be made solely in support of the implementation of the terms of the peace agreement (within the meaning of Resolution 2428); and
    • has been approved in advance by the Committee;
  • another sanctioned supply that is a sale or supply of arms or related matériel that has been approved in advance by the Committee.

Sections 4, 4A, 4B and 4C of the Charter of the United Nations (Sanctions – South Sudan) Regulation 2015

Regulation 13CM of the Customs (Prohibited Exports) Regulations 1958

Restrictions on the export or provision of services

 

The service relates to:

  • training or assistance that is intended solely for the support of, or use by, a member of the personnel of the United Nations, including:
    • member of the personnel of the United Nations Mission in the Republic of South Sudan; and
    • a member of the personnel of the United Nations Interim Security Force for Abyei;
  • technical assistance or training that:
    • is related to a supply of non-lethal military equipment intended solely for humanitarian or protective use; and
    • has been notified in advance to the Committee;
  • technical training or assistance that:
    • is to be provided to or in support of the African Union Regional Task Force; and
    • is intended solely for regional operations to counter the Lord's Resistance Army; and
    • has been notified in advance to the Committee;
  • technical training or assistance that:
    • is to be provided solely in support of the implementation of the terms of the peace agreement (within the meaning of Resolution 2428); and
    • has been approved in advance by the Committee;
  • the provision of other assistance or personnel that has been approved in advance by the Committee.

Sections 4, 4D and 4E of the Charter of the United Nations (Sanctions – South Sudan) Regulations 2015

Restrictions on providing assets to designated persons or entities

and

Restrictions on dealing with the assets of designated persons or entities

The activity is:

  • a basic expense dealing;
  • a legally required dealing;
  • a contractual dealing;
  • a required payment dealing;
  • or an extraordinary expense dealing.

 

Sections 5, 6 and 7 of the Charter of the United Nations (Sanctions – South Sudan) Regulation 2015

Regulation 5 of the Charter of the United Nations (Dealing with Assets) Regulations 2008

 

SUDAN

Measure

Criteria

Reference 

Restrictions on the export or supply of goods

The supply is to:

  • any non-governmental entity or individual operating in the territory of Darfur, including the states of North, South, East, West and Central Darfur;
  • a party to the N’djamena Ceasefire Agreement; or
  • a belligerent in the territory of Darfur, including the states of North, South, East, West and Central Darfur

if the supply:

  • is a supply for an operation authorised by the UNSC; or
  • is a supply of non-lethal military equipment that is intended solely for humanitarian use, human rights monitoring, or protective use; or
  • is a supply of protective clothing that is temporarily exported to Sudan for the personal use of a member of the personnel of the United Nations, a person engaged in human rights monitoring, a representative of the media, or a humanitarian or development worker or an associated person; or
  • is a supply of military equipment and supplies for use in the territory of Darfur, including the states of North, South, East, West and Central Darfur, that is in response to a request by the Government of Sudan.

The Minister must obtain sufficient end user documents to ascertain that the supply will be conducted consistent with UNSC resolution 1556 (2004) and UNSC resolution 1591 (2005).

Regulations 4, 5, 6, 8 and 9 of the Charter of the United Nations (Sanctions – Sudan) Regulations 2008

Regulation 13CM of the Customs (Prohibited Exports) Regulations 1958

Restrictions on the export or provision of services.

 

The export or provision of services is to:

  • any non-governmental entity or individual operating in the territory of Darfur, including the states of North, South, East, West and Central Darfur;
  • a party to the N’djamena Ceasefire Agreement; or
  • a belligerent in the territory of Darfur, including the states of North, South, East, West and Central Darfur

if the service:

  • is for an operation authorised by the UNSC; or
  • is provided in relation to a supply of non‑lethal military equipment that is intended solely for humanitarian use, human rights monitoring or protective use.

Regulations 4, 7, 10 and 11 of the Charter of the United Nations (Sanctions – Sudan) Regulations 2008

Restrictions on providing assets to designated persons or entities

and

Restrictions on dealing with the assets of designated persons or entities

If the activity is

  • a basic expense dealing;
  • a legally required dealing; or
  • an extraordinary expense dealing.

Regulation 5 of the Charter of the United Nations (Dealing with Assets) Regulations 2008

Relevant legislation

The relevant legislation for the Sudan and South Sudan sanctions regimes includes the following:

Other Resources

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