On November 9, 2011, the Department of State posted a final rule in the Federal Register amending the International Traffic in Arms Regulations (ITAR) to include the Republic of the Sudan as a proscribed destination, pursuant to a United Nations Security Council arms embargo, and to clarify that this policy does not apply to the Republic of South Sudan.
The Republic of South Sudan declared independence from Sudan and was recognized as a sovereign state by the United States on July 9, 2011. Consequently, the policy of denial as it applies to the Republic of the Sudan does not apply to the Republic of South Sudan.
With limited exceptions, section 126.1(v) of the ITAR sets out U.S. policy to deny licenses or other approvals for exports or imports of defense articles and defense services destined for or originating in the Republic of the Sudan. A license or other authorization may be issued on case-by-case basis for the following items:
- Supplies and related technical training and assistance to monitoring, verification, or peace support operations, including those authorized by the UN or operating with the consent of the relevant parties;
- Supplies of non-lethal military equipment intended solely for humanitarian, human rights monitoring, or protective uses, and related technical training and assistance;
- Personal protective gear for the personal use of United Nations personnel, human rights monitors, representatives of the media, and humanitarian and development workers and associated personnel; and
- Assistance and supplies provided in support of implementation of the Comprehensive Peace Agreement.
This rule is effective November 9, 2011.