State Dept Amends ITAR to Include Republic of Sudan as Proscribed Destination
The State Department has issued a final rule, effective November 9, 2011, that amends the International Traffic in Arms Regulations (ITAR) to include the Republic of the Sudan as a proscribed destination, pursuant to a United Nations Security Council arms embargo, and to clarify that this policy does not apply to the Republic of South Sudan.
Sign up for a free preview to unlock the rest of this article
If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.
(UNSC resolution 1556, adopted July 30, 2004, imposed an arms embargo on non- governmental entities and individuals operating in Darfur, with certain exceptions. Subsequently, UNSC resolution 1591, adopted on March 29, 2005, expanded the arms embargo to all parties to the N’djamena Ceasefire Agreement, including the Government of the Republic of Sudan. UNSC resolution 1945, adopted on October 14, 2010, reaffirmed and strengthened the arms embargo.)
Changes Sudan to "Republic of the Sudan"
The final rule revises 22 CFR 126.1(c) and (d) to change "Sudan" to "The Republic of the Sudan." On July 9, 2011, the Republic of South Sudan declared independence from Sudan and was recognized as a sovereign state by the U.S.
U.S. Policy of Denial for Defense Exports/Imports to/from Republic of Sudan
In accordance with the UNSC resolutions, it is the policy of the U.S. to deny licenses or other approvals for exports or imports of defense articles and defense services destined for or originating in the Republic of the Sudan.
The exceptions, as provided in the referenced resolutions, are for (1) supplies and related technical training and assistance to monitoring, verification, or peace support operations, including those authorized by the UN or operating with the consent of the relevant parties; (2) supplies of non-lethal military equipment intended solely for humanitarian, human rights monitoring, or protective uses, and related technical training and assistance; (3) personal protective gear for the personal use of United Nations personnel, human rights monitors, representatives of the media, and humanitarian and development workers and associated personnel; and (4) assistance and supplies provided in support of implementation of the Comprehensive Peace Agreement. Licenses submitted pursuant to these exceptions will be considered on a case- by-case basis.
Policy of Denial Does Not Apply to Republic of South Sudan
The policy of denial as it applies to the Republic of the Sudan does not apply to the Republic of South Sudan. Licenses or other approvals for exports or imports of defense articles and defense services destined for or originating in the Republic of the South Sudan will be considered on a case-by-case basis.
State Contact -- Charles Shotwell (202) 663-2792
(FR Pub 11/09/11)