CANADA IMPOSES SANCTIONS ON TWO SOUTH SUDANESE REBEL LEADERS

Sanctions were imposed by the US and by the EU on South Sudanese military leaders involved in the country’s civil war in May 2014 and June 2014 respectively (as we previously reported on this blog). On 23 October 2014, Canada published details of its own sanctions against South Sudanese military leaders.

The sanctions entered into force with their publication and have been imposed because the Canadian government “is of the opinion that the situation in South Sudan constitutes a grave breach of international peace and security that has resulted or is likely to result in a serious international crisis”.

The two individuals now subject to Canadian sanctions are Marial Chanuong and Peter Gadet. Both are already subject to US sanctions and Gadet is also subject to EU sanctions. Deng is a commander of the Sudan People’s Liberation Army (SPLA), a group which took part in the recapture of the city of Bentiu in May 2014, and Gadet is the leader of the anti-government Nuer militia.

The Canadian Foreign Affairs Minister John Baird said “The targeting of civilians based on ethnicity is deeply concerning, and the individuals who perpetrate such atrocities should be held to account. That is why Canada is announcing targeted sanctions against individuals who have been directly or indirectly facilitating and supporting the ongoing hostilities on both sides of the conflict”.

The new measures prohibit:

(1)   dealing in any property, wherever situated, held by or on behalf of a designated person;

(2)   entering into or facilitating, directly or indirectly, any transaction related to a dealing referred to in (1)

(3)   providing any financial or related service in respect of a dealing referred to in (1)

(4)   making any goods, wherever situated, available to a designated person; or

(5)   providing any financial or related service to or for the benefit of a designated person.

 

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About Michael O'Kane

Michael O’Kane is a partner and Head of the Business Crime team at leading UK firm Peters & Peters. Described as ‘first-rate’ (Legal 500 2012), he “draws glowing praise from commentators” (Chambers 2013) for handling the international aspects of business crime, including sanctions, extradition and mutual legal assistance. Called to the Bar in 1992 and prior to joining Peters & Peters he was a senior specialist prosecutor at the Crown Prosecution Service Headquarters(CPS). At CPS HQ he was a key member of a small specialist unit responsible for the prosecution of serious and high profile fraud, terrorist and special interest criminal matters including the Stansted Airport Afghan hijacking and the prosecution of Paul Burrell (Princess Diana’s butler). Michael joined Peters & Peters in 2002. He became a partner in May 2004, and Head of the Business Crime team in May 2009. Since joining Peters & Peters, Michael has dealt with a wide range of business crime matters. He has particular expertise in international sanctions, criminal cartels, extradition, corruption, mutual legal assistance, and FSA investigations. Described as“ an influential practitioner in fraud and regulatory work, so much so that he is top of the referral lists of many City firms for independent advice for directors” (The Lawyer’s Hot 100 2009), he was recognised as one of the UK’s most innovative lawyers in the 2011 FT Innovative Lawyer Awards and included in the list of the UK's leading lawyers in 'The International Who's Who of Asset Recovery 2012. In 2012 he was the winner of the Global Competition Review Article of the Year. Michael regularly appears on television and radio to discuss his specialist areas and he is the author of the leading textbook on the UK Criminal Cartel Offence “The Law of Criminal Cartels-Practice and Procedure” (Oxford University Press 2009). Recent/Current Sanctions Work • Representing 109 individuals and 12 companies subject to designation by the European Council under targeted measures imposed against Zimbabwe. This is the largest and most complex collective challenge to a sanctions listing ever brought before the European Court. • Acting for a former Egyptian Minister and his UK resident wife, challenging their designation by the European Council of Ministers under targeted measures brought against former members of the Egyptian Government. • Advising a company accused in a UN investigation report to have breached UN sanctions imposed in relation to Somalia. • Advising a UK company in relation to ongoing commercial relationships with an Iranian company listed under both EU and UN sanctions. • Advising an individual in relation to a UK investigation for alleging breaching nuclear export controls.

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