Sanctions regimes
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Snapshot: Sudan and South Sudan sanctions regimes [PDF 211 KB]
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 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:
|
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:
|
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:
|
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:
if the supply:
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:
if the service:
|
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
|
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:
- Charter of the United Nations Act 1945
- Charter of the United Nations (Dealing with Assets) Regulations 2008
- Charter of the United Nations (Sanctions – Sudan) Regulations 2008
- Charter of the United Nations (Sanctions – South Sudan) Regulations 2015
- Customs (Prohibited Exports) Regulations 1958
- Autonomous Sanctions Regulations 2011
- Migration Regulations 1994
- Migration (United Nations Security Council Resolutions) Regulations 2007