Canadian Sanctions Related to Sudan

Prohibitions

Sanctions related to Sudan were imposed under the United Nations Act and the Special Economic Measures Act.

The United Nations Sudan Regulations were enacted under the United Nations Act to give effect to United Nations Security Council resolutions. Subject to certain exceptions, the measures imposed against Sudan include:

• a prohibition on the export of arms and related material to Sudan or to any person in Sudan;
• a prohibition on the provision, to Sudan or to any person in Sudan, of technical assistance or financial assistance related to arms and related material;
• an assets freeze against those persons designated by the UN Committee established by Resolution 1591 (2005) to oversee the sanctions against Sudan (the 1591 Committee); and
• a travel ban against persons designated by the 1591 Committee.

Causing, facilitating and assisting prohibited activities is prohibited.

The Special Economic Measures (Sudan) Regulations impose a dealings ban on designated persons identified in the Schedule to the regulations. They prohibit persons in Canada and Canadians abroad from:

• dealing in any property, wherever situated, that is owned, held or controlled, directly or indirectly by a designated person;
• entering into or facilitating any transaction related to such a dealing;
• providing any financial or related service in respect of such a dealing;
• making goods, wherever situated, available to a designated person or to a person acting on behalf of a listed person;
• transferring or providing any property other than goods to a listed person
• providing any financial or related service to or for the benefit of a designated person.

Causing, facilitating, and assisting prohibited activities is likewise prohibited.

Exceptions

Under the United Nations Sudan Regulations some exceptions to the prohibitions exist, including for the following:

• non-lethal military equipment intended solely for humanitarian or protective use;
• arms and related material and related technical assistance for certain monitoring, verification or peace support operations;
• protective clothing temporarily exported to Sudan by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel, solely for their personal use; and
• arms and related material or technical assistance brought into the Darfur territory of Sudan with advance approval of the Committee of the Security Council.

On June 19, 2023, the United Nations Sudan Regulations were amended to allow the provision, processing or payment of funds, other financial assets or economic resources or the provision of goods and services that are necessary to ensure the timely delivery of urgently needed humanitarian assistance or to support other activities related to basic human needs, if provided by specified groups. These changes are the result of United Nations Security Council Resolution 2664 (2022), which created a carve-out for the delivery of humanitarian assistance in all current UN sanctions regimes that impose asset freezes.

Under the Special Economic Measures (Sudan) Regulations, some exceptions to the prohibitions exist, including for the following:

• payments made by or on behalf of designated persons pursuant to contracts entered into prior to the coming into force of the Regulations, provided that the payments are not made to or for the benefit of a designated person;
• transactions necessary for a Canadian to transfer to a non-listed person any accounts, funds or investments of a Canadian held by a listed person on the day on which that person became listed;
• dealings with a listed person required with respect to loan repayments made to any person in Canada, or any Canadian outside Canada, for loans entered into with any person other than a listed person, and for enforcement and realization of security in respect of those loans, or repayments by guarantors guaranteeing those loans;
• dealings with a listed person required with respect to loan repayments made to any person in Canada, or any Canadian outside Canada, for loans entered into with a listed person before that person became a listed person, and for enforcement and realization of security in respect of those loans, or repayments by guarantors guaranteeing those loans;
• pension payments to any person in Canada or any Canadian outside Canada;
• financial services required in order for a listed person to obtain legal services in Canada with respect to the application of any of the prohibitions set out in these Regulations;
• transactions in respect of accounts at financial institutions held by diplomatic missions, provided that the transaction is required in order for the mission to fulfill its diplomatic functions under the Vienna Convention on Diplomatic Relations, or transactions required in order to maintain the mission premises if the diplomatic mission has been temporarily or permanently recalled;
• transactions with any international organization with diplomatic status, agencies of the United Nations, the International Red Cross and Red Crescent Movement, or with any entity that has entered into a grant or contribution agreement with Foreign Affairs, Trade and Development Canada; and
• transactions by the Government of Canada that are provided for in any agreement or arrangement between Canada and Guatemala.

Permits and Certificates

Persons affected by the Regulations Implementing the United Nations Resolutions on Sudan can apply for a certificate per sections 11 to 14 of the same regulations. The certificate request may require notification to and/or a decision from the United Nations Security Council or the Committee.

A separate Special Economic Measures (Sudan) Permit Authorization Order made pursuant to subsection 4(4) of the Special Economic Measures Act authorizes the Minister of Foreign Affairs to issue to any person in Canada and any Canadian outside Canada a permit to carry out a specified activity or transaction, or any class of activity or transaction, that is otherwise restricted or prohibited pursuant to the Regulations.

Background

On July 30, 2004, acting under Chapter VII of the Charter of the United Nations, the United Nations Security Council adopted Resolution 1556 imposing sanctions against Sudan in response to the humanitarian crisis and widespread human rights violations resulting from the conflict in Darfur region. Since 2004, the sanctions regime against Sudan has been subsequently modified and strengthened with the adoption of a number of successor resolutions. On September 23, 2004, the United Nations Sudan Regulations came into force, implementing decisions of the United Nations Security Council into Canadian domestic law.

The United Nations Sudan Regulations have been subsequently updated to reflect decisions of the United Nations Security Council, most recently on June 1, 2020 to implement Resolution 2035 (2012) and to clarify the prohibitions and exemptions called for in previously implemented resolutions.

On April 15, 2023, a direct confrontation began between the Sudanese Armed Forces (SAF) and the Rapid Support Forces (RSF), a paramilitary force. One year into this conflict, Sudan is grappling with the consequences of this devastating war.

Mounting evidence has emerged implicating both parties in gross and systematic violations of human rights and international humanitarian law. The conflict has spread to all parts of the country, with devastating impacts on civilians. Millions continue to face acute shortages of food, water, electricity, and access to medical care. There are widespread reports of sexual and gender-based violence, particularly against women and girls in Darfur. Sudan has also become the world’s largest displacement crisis. Millions of people have been internally displaced and millions more have fled Sudan into neighbouring countries that are already experiencing their own protracted humanitarian crises.

On April 12, 2024, Canada established new sanctions regulations under the Special Economic Measures Act to address the serious conflict in Sudan. These new measures are targeting six individuals and entities for directly or indirectly undermining peace, security, and stability in Sudan, as well as human rights violations. All are also linked with the Sudanese Armed Forces (SAF) or the Rapid Support Forces (RSF), the main parties in the ongoing conflict in Sudan.

Canada is taking decisive action in concert with international partners by imposing these sanctions targeting malign actors linked to the conflict. These sanctions will also serve to align Canada’s measures with those already taken by the United States, United Kingdom, and the European Union. These sanctions build upon Canada’s existing sanctions in relation to Sudan imposed through the United Nations Act.

Canada remains firmly committed to the principles of human rights and to international humanitarian law. Canada is working closely with the international community and regional partners to support a peaceful resolution of the conflict. Canada will continue to stand firmly in solidarity with the people of Sudan and is committed to supporting a return to a peaceful and civilian-led transition to democracy.

Selected documents

Related links

• United Nations Security Council 1591 Committee (information concerning the work of the Committee including related UN Security Council resolutions and a consolidated list of designated persons)
• Export and Import Controls
• Canada-Sudan Relations

Legal advice

Please be advised that Global Affairs Canada cannot provide legal advice to members of the public. For this reason, we cannot deliver an opinion as to whether or not a specific activity or transaction would contravene sanctions legislation. You should consider seeking legal advice in relation to an activity that may contravene a Canadian sanction law.