US Issues New Sudan Trade Controls, Exemptions in Response to Chemical Weapons Use
The State Department this week announced new export restrictions against Sudan after determining earlier this year that the Sudanese government used chemical weapons in 2024 and isn't in compliance with the Chemical Weapons Convention (see 2505230007). The agency’s notice, effective June 27, establishes new prohibitions but also waives some of the new export restrictions for Sudan under certain scenarios. The measures will be in place for at least one year “and until further notice.”
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The notice terminates arms sales to Sudan under the Arms Export Control Act “of any defense articles, defense services, or design and construction services, and (b) licenses for the export to Sudan of any item on the United States Munitions List.” But the State Department also determined that it’s “essential to the national security interests” that those restrictions be partially waived to allow for the “case-by-case adjudication of licenses or other authorizations for defense articles and defense services for entities other than the Government of Sudan.”
The U.S. also is prohibiting exports to Sudan “of any goods or technology” on the Commerce Control List that are controlled for national security reasons, with certain exceptions:
- exports of NS-controlled items that are authorized under License Exceptions GOV (Governments, international organizations, international inspections under the Chemical Weapons Convention, and the International Space Station); ENC (Encryption commodities, software, and technology); BAG (Baggage); TMP (Temporary imports, exports, reexports, and in-country transfers); RPL (Servicing and replacement of parts and equipment); TSU (Technology and software -- unrestricted); and ACE (Authorized Cybersecurity Exports)
- exports of NS-controlled items under new licenses when necessary for the safety of flight of civil fixed-wing passenger aviation
- deemed exports under new licenses to Sudanese nationals
- exports of NS-controlled items under new licenses to wholly-owned U.S. and other foreign subsidiaries in Sudan.
Those exceptions are valid “provided that such licenses shall be issued consistent with [the] export licensing policy for Sudan prior to the date” of the State Department’s determination, the agency said.
The State Department is also ending certain foreign assistance to Sudan, except for certain “urgent” humanitarian aid, and is stopping all foreign military financing for Sudan under the Arms Export Control Act and financial assistance by the Export-Import Bank of the U.S. and other agencies.