On 13 July 2018, the UN Security Council adopted UNSC Resolution 2428 (2018), which (inter alia) imposed an arms embargo on South Sudan until 31 May 2019 and designated two “high-ranking” individuals (Malek Reuben Riak Rengu and Paul Malong Awan) for targeted measures (previous blog).
Earlier this week (13 August), the EU implemented those UN sanctions on South Sudan. See Council Decision (CFSP) 2018/1125, Council Implementing Regulation (EU) 2018/1115, Council Regulation (EU) 2018/1116 and EU press release.
Last week (13 July 2018), the UN Security Council adopted UNSC Resolution 2428 (2018), which:
- Extends UN sanctions on South Sudan until 31 May 2019 (includes an arms embargo and targeted measures, namely, asset freezes and travel bans); and
- Designates 2 “high-ranking” individuals to the South Sudan sanctions list: Malek Reuben Riak Rengu and Paul Malong Awan (travel bans and asset freezes imposed). UN press release here and UK OFSI Notice here.
Yesterday, the UN Security Council adopted UNSC Resolution 2418 (2018), which renews for 45 days (until 15 July 2018) UN sanctions (asset freezes and travel bans) on those “blocking peace in South Sudan”.
The Resolution also requests the Secretary-General to report by 30 June 2018 whether any fighting has taken place in South Sudan involving parties to the Peace Agreement (17 December 2017), and to report on whether the parties have come to a viable political agreement. If the Secretary-General reports such fighting or lack of a viable political agreement, then the UN Security Council will consider applying targeted sanctions to 6 individuals identified in Annex 1 to the Resolution and/or an arms embargo within 5 days of the Secretary-General’s report. The 6 individuals are: Koang Rambang Chol; Kuol Manyang Juuk; Malek Reuben Riak Rengu; Martin Elia Lomuro; Michael Makuei Lueth; and Paul Malong Awan.
We reported earlier this week that the US had drafted a UNSC Resolution in respect of South Sudan, which had featured some of the aforementioned individuals (previous blog).
The US has drafted a UN Security Council resolution that, if passed, would impose asset freezes on a number of government ministers and officials in South Sudan. It is reported that they have been targeted for obstructing attempts to secure peace in South Sudan and provide humanitarian assistance to citizens.
The targets include Minister of Information Michael Lueth, Defence Minister Kuol Manyang Juuk, and governor of Bieh State Koang Rambang. In November last year, Russia poured cold water on the idea of imposing new asset freezes or an arms embargo on South Sudan. The US was unsuccessful in its attempt to impose an arms embargo in December 2016.
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.
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.
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.
The 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.