US extends South Sudan & malicious cyber activity sanctions for 1 year

shutterstock_198276725.jpgSouth Sudan:

In April 2014, the US adopted Executive Order (EO) 13664, which declared a national emergency in respect of South Sudan (for activities that threatened the peace, security, or stability of South Sudan and the surrounding region). That EO imposed a number of asset freezing measures and travel restrictions.

On 27 March 2018, US President Trump extended for 1 year the sanctions contained in EO 13664 by continuing the national emergency as declared. White House Notice here.

Significant Malicious Cyber-Enabled Activities:

In April 2015, the US adopted EO 13694 (as amended by EO 13757, December 2016), which declared a national emergency in respect of those engaging in ‘Significant Malicious Cyber-Enabled Activities” (malicious cyber-enabled activities originating from, or directed by persons located, in whole or in substantial part, outside the US). That EO imposed a number of asset freezing measures and travel restrictions.

On 27 March 2018, US President Trump extended for 1 year the sanctions contained in EO 13694 by continuing the national emergency as declared. White House Notice here.

US subjects 23 companies to export restrictions for threatening US interests

The US Bureau of Industry and Security has added 23 companies to its Entity List, which lists entities the US believes to be acting contrary to its national security or foreign policy interests. As a consequence, a licence will be required for any export or transfer to the 23 companies, including where they act only as an intermediate consignee, and no licence exceptions are available for transactions they are involved in.

The additions comprise 15 companies from South Sudan, listed for being government, parastatal, or private entities acting contrary to US foreign policy interests, 7 from Pakistan, listed for their involvement in the nuclear trade, and 1 from Singapore, also listed for its involvement in the nuclear trade.

As part of the same action, BIS has also de-listed Ecuadorian company Corporacion Nacional de Telecommunicaciones and UAE company Talaat Mehmood.

The details of the changes are here.

EU sanctions 3 people for human rights abuses in South Sudan

The EU has added 3 people to its sanctions on South Sudan, which target people who threaten its peace, security, stability, or political process.  These are unilateral EU listings and not implementations of UN listings. They follow the introduction of new arms restrictions on South Sudan by the US last Friday (see previous blog).

The newly listed people are:

Paul Malong, who was formerly a high-ranking figure in South Sudan’s army (SPLA) and is said to retain a high degree of influence through the SPLA, his control of several militias, and his patronage network.

Michael Makuei Leuth, who has been Minister for Information and Broadcasting since 2013 and is said to have obstructed the political process in South Sudan.

They are both also listed for allegedly being responsible for “serious violations of human rights, including the targeting and killing of civilians and extensive destruction of villages”.

Malek Reuben Riak, who has served as Deputy Chief of Defence Staff and Inspector General of South Sudan’s army since May 2017, and is said to have been responsible for planning and overseeing serious human rights violations, including the systematic destruction of villages and infrastructure, killing and torturing civilians, and the use of sexual violence against children.

See Implementing Regulation 2018/164 implementing Regulation 2015/735 and Implementing Decision 2018/168 implementing Decision 2015/740. UK OFSI Notice here.

US announces arms restrictions on South Sudan

shutterstock_285637022.jpgThe US Department of State has announced that it is implementing arms restrictions on South Sudan due to the country’s “continuing violence that has created one of Africa’s worst humanitarian crises”. As a result, the International Traffic in Arms Regulations will be amended to update the US defence trade policy toward South Sudan by application of a policy of denial (with limited exceptions) on the export of defence articles and services to South Sudan (including all parties involved in the conflict).

The US has encouraged the Intergovernmental Authority on Development and the African Union to consider sanctions against those who undermine the peace process in South Sudan. Furthermore, the US is seeking support for a UN Security Council embargo on all arms flows into South Sudan.

EU adds 3 people to South Sudan sanctions list

EU6.jpgThe EU has added 3 people “involved in serious human rights violations” to its South Sudan sanctions list, see: Council Implementing Decision (CFSP) 2018/168 and Council Implementing Regulation (EU) 2018/164. This action was taken in view of the “deteriorating humanitarian and security situation in South Sudan, and considering the lack of commitment by some actors to the ongoing peace process”.

This is the first occasion in which the EU has imposed targeted measures under its South Sudan sanctions regime in addition to those sanctioned by the UN Security Council. EU press release here.

Canada lists 52 foreign nationals under Magnitsky law

Canada3.jpgPursuant to the recently passed Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) (see previous blog here), Canada has imposed targeted sanctions on 52 foreign nationals (including 30 Russians) by enacting the Justice for Victims of Corrupt Foreign Officials Regulations. The Regulations were made in response to three different sets of circumstances, namely, “the case of Sergei Magnitsky, and incidents of corruption and gross human rights violations by officials linked to the Maduro regime and by officials in South Sudan”, see here.

The Regulations prohibit any person in Canada, or any Canadian outside of Canada, from dealing, directly or indirectly, with any of the listed foreign nationals.

In response to the measures, Russian authorities have imposed a ban on a number of Canadian public figures from entering Russia (without specifying who has been affected).

US targets South Sudanese government officials

The US has designated 2 South Sudanese government officials and 1 former official for their roles in destabilising South Sudan. The people are Deputy Chief of Defence Force Malek Riak Rengu, 3 of whose companies have also been designated, Minister of Information and Broadcasting Michael Lueth, and former Chief of General Staff of the Sudan People’s Liberation Army Paul Awan. The details of the listings are here.

In addition, FinCEN has issued an advisory to financial institutions alerting them to their potential exposure to anti-money laundering risks caused by certain South Sudanese senior political figures attempting to move or hide the proceeds of public corruption.

EU conclusions DPRK, S Sudan and Syria sanctions

eu-flag-1-commissionNorth Korea: The Council welcomed the latest round of UN sanctions on N Korea (see previous blog) and says it will consider new restrictive measures.

South Sudan: The Council states that it is ready to impose further autonomous restrictive measures on “any individual who obstructs the peace process, impedes UNMINSS in the performance of its mandate, prevents actors from exercising their humanitarian duties, incites ethnic hatred, or commits atrocities against civilians”.

Syria: The EU’s High Representative, Federica Mogherini, has said the EU intends to impose further restrictive measures targeting Syrian individuals and entities “supporting the regime” for as long as it continues to repress civilians and violate human rights.