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Summaries of EU Legislation

Restrictive measures in view of activities undermining the stability and political transition of Sudan

 

SUMMARY OF:

Council Decision (CFSP) 2023/2135 on restrictive measures in view of activities undermining the stability and political transition of Sudan

Council Regulation (EU) 2023/2147 on restrictive measures in view of activities undermining the stability and political transition of Sudan

WHAT IS THE AIM OF THE DECISION AND THE REGULATION?

  • The decision and the regulation are part of the European Union’s (EU) common foreign and security policy (CFSP) toolbox, promoting the CFSP’s objectives by providing the legal basis for EU sanctions in view of the ongoing military clashes between the Sudanese Armed Forces and the Rapid Support Force.
  • The sanctions aim to contribute to putting an end to the conflict and encouraging peace.

KEY POINTS

People and entities subject to sanctions

The decision and regulation target those people and entities, along with their associates, who are:

  • responsible for actions or policies that threaten the peace, stability or security of Sudan;
  • responsible for obstructing or undermining efforts to resume the democratic political transition in Sudan;
  • responsible for obstructing the delivery of, access to or distribution of humanitarian assistance in Sudan;
  • involved in planning, directing or committing acts in Sudan that constitute serious human rights violations or abuses or violations of international humanitarian law.

Restrictive measures

These people and entities are subject to:

  • the freezing of funds and economic resources, including a ban on providing funds to such people and entities;
  • a refusal of entry into EU territory for those same people (travel ban).

The people subject to these measures are listed in the annexes to the regulation and decision. The Council of the European Union decides on changes to that list.

Exemptions

The decision and the regulation both allow exemptions from these measures, which include:

  • following United Nations Security Council Resolution 2664 (2022), Regulation (EU) 2023/331 and Decision (CFSP) 2023/338, a legal exemption from the sanctions in the form of asset freezes for humanitarian assistance and other activities that support basic human needs, applicable to certain people or entities.
  • the release of certain frozen assets for other legitimate purposes, such as:
    • to satisfy basic needs, including payment for food, rent, medicines, taxes and public utilities,
    • to pay for reasonable professional fees,
    • to pay fees for holding the frozen funds.

FROM WHEN DO THE DECISION AND REGULATION APPLY?

Decision (CFSP) 2023/2135 and Regulation (EU) 2023/2147 have applied since 12 October 2023.

BACKGROUND

For further information, see:

MAIN DOCUMENTS

Council Decision (CFSP) 2023/2135 of 9 October 2023 concerning restrictive measures in view of activities undermining the stability and political transition of Sudan (OJ L, 2023/2135, 11.10.2023).

Council Regulation (EU) 2023/2147 of 9 October 2023 concerning restrictive measures in view of activities undermining the stability and political transition of Sudan (OJ L, 2023/2147, 11.10.2023).

RELATED DOCUMENTS

Consolidated version of the Treaty on European Union – Title V – General provisions on the Union’s external action and specific provisions on the common foreign and security policy – Chapter 2 – Specific provisions on the common foreign and security policy – Section 1 – Common provisions – Article 29 (ex Article 15 TEU) (OJ C 202, 7.6.2016, p. 33).

Consolidated version of the Treaty on the Functioning of the European Union – Part Five – The Union’s external action – Title IV – Restrictive measures – Article 215 (ex Article 301 TEC) (OJ C 202, 7.6.2016, p. 144).

Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ L 141, 5.6.2015, pp. 73–117).

Successive amendments to Directive (EU) 2015/849 have been incorporated into the original text. This consolidated version is of documentary value only.

Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (recast) (OJ L 173, 12.6.2014, pp. 349–496).

See consolidated version.

Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, pp. 1–337).

See consolidated version.

Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (recast) (OJ L 269, 10.10.2013, pp. 1–101).

See consolidated version.

last update 13.12.2023

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