New Council Decision (CFSP) 2023/2135 as regards „restrictive measures in view of activities undermining the stability and political transition of Sudan“ was published in the Official Journal (OJ) of the EU. The new decision was drawn up by the European Council as a response to the ongoing conflict between paramilitary groups and government military forces in Sudan during which involved parties violated human rights laws or engaged in „sexual and gender based violence“, the forced displacement of people, or the obstruction of humanitarian aid in the country. The decision sets out targeted restrictive measures that shall be implemented with the aim to enforce stability and peace and the transition towards a civilian-led government in Sudan.
##### The decision includes the following key provisions:
– It imposes trespassing restrictions on persons that threaten the peace, stability, or security of Sudan and / or that engage in any of the above noted crimes.
– It provides limited exemptions from these restrictions that may be applied for EU nationals or for the provision of humanitarian aid (corresponding notification requirements are also included, if such exemptions are being granted).
– It requires the freezing of assets and economic resources of individuals or entities associated with any of the above noted actions. Exceptions may apply for specific purposes, such as satisfying basic needs, the payment of legal services, the payment of fees necessary for the maintenance of frozen funds, extraordinary expenses, or diplomatic missions.
– It includes a permission to transfer frozen funds for purposes of fulfilling previously concluded contracts, provided certain conditions are met.
– It includes the permission to credit frozen accounts with interest income and other earnings.
– Also, it permits the release of frozen funds for the provision of humanitarian assistance and support of basic human needs.
– It outlines the content of a corresponding new sanctions list, including the grounds for listing and identifying information for listed individuals or entities.
– It prohibits the participation in activities intended to circumvent the measures imposed in the decision.
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Please note that the decision is time limited up to October 10, 2024 and requires ongoing review by the EU Council to ensure that the restrictive measures are still suitable for achieving the targeted goals.