Restrictive measures in view of the situation in Sudan

SUMMARY OF:

Decision 2014/450/CFSP — concerning restrictive measures in view of the situation in Sudan

Regulation (EU) No 747/2014 — concerning restrictive measures in view of the situation in Sudan

WHAT IS THE AIM OF THE DECISION AND THE REGULATION?

• Both the decision and the regulation transpose a series of United Nations measures to prevent the collaboration of EU nationals and EU residents with Sudan, particularly related to military activities.
• The decision repeals Decision 2011/423/CFSP and Implementing Decision 2014/40/CFSP. In the interest of clarity, the sanctions on Sudan imposed by Decision 2011/423/CFSP are separated from those dealing with South Sudan and integrated into a single legal text.
• The regulation repeals Regulations (EC) No 131/2004 and (EC) No 1184/2005 and deals only with Sudan.

KEY POINTS

EU nationals or nationals from overseas countries and territories are prohibited to provide to Sudan or to any person or body in or for use in Sudan:

• the direct or indirect supply, sale, transfer or export of arms or related military equipment of all types, including
  • weapons and ammunition
  • military vehicles and equipment
  • paramilitary equipment and spare parts;
• the supply of technical assistance, brokering services and other services related to military activities and to the provision, manufacture, maintenance and use of arms and related military equipment;
• the supply of financing or financial assistance related to military activities, including in particular
  • grants, loans and export credit insurance
  • insurance and reinsurance for any sale, supply, transfer or export of arms and related military equipment
  • related technical assistance, brokering services and other services.

The decision requires these measures to be reviewed at regular intervals, at least every 12 months.

Restrictive measures

The decision imposes a travel ban and asset freeze on those deemed to:

• impede the peace process;
• constitute a threat to stability in Darfur and the region;
• commit violations of international humanitarian or human rights law or other atrocities;
• violate the arms embargo and/or are responsible for offensive military overflights in and over the Darfur region.

The annex to the decision and Annex I of the regulation set out the list of individuals whom EU Member States must prevent entering or transiting through their territories and those individuals, companies, entities or bodies whose funds and economic resources will be frozen.

Any person listed by the UN Security Council or Sanctions Committee must be included in the annexes.

The annexes may be amended by the Council.

FROM WHEN DO THE DECISION AND THE REGULATION APPLY?

Both the decision and the regulation have applied since 11 July 2014.

BACKGROUND

The legal bases for these EU sanctions are Article 29 of the Treaty on European Union for the decision, and Article 215 of the Treaty on the Functioning of the European Union for the regulation.

For more information, see:

• Sudan and the EU (European External Action Service)
• Sanctions policy (European External Action Service)
• Sanctions: how and when the EU adopts restrictive measures (Council of the European Union).

MAIN DOCUMENTS

Council Decision 2014/450/CFSP of 10 July 2014 concerning restrictive measures in view of the situation in Sudan and repealing Decision 2011/423/CFSP (OJ L 203, 11.7.2014, pp. 106-112)

Successive amendments to Decision 2014/450/CFSP have been incorporated into the original text. This consolidated version is of documentary value only.

Council Regulation (EU) No 747/2014 of 10 July 2014 concerning restrictive measures in view of the situation in Sudan and repealing Regulations (EC) No 131/2004 and (EC) No 1184/2005 (OJ L 203, 11.7.2014, pp. 1-12)

See consolidated version.

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)

Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items (recast) (OJ L 134, 29.5.2009, pp. 1-269)

See consolidated version.

last update 05.10.2020