Determinations Regarding Use of Chemical Weapons by Sudan Under the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991
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Abstract
The Senior Official performing the functions of the Under Secretary for Arms Control and International Security, acting under authority delegated pursuant to an Executive order, has determined pursuant to section 306(a) of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 (the Act), 22 U.S.C. 5604(a), that the Government of Sudan has used chemical weapons in violation of international law. In addition, the Senior Official performing the functions of the Under Secretary for Arms Control and International Security has determined and certified to Congress pursuant to section 307(d) of the Act (22 U.S.C. 5605(d)) that it is essential to the national security interests of the United States to partially waive the application of the sanctions required under section 307(a) of the Act with respect to foreign assistance, licenses and other authorizations for the export of items on the U.S. Munitions List (USML), and the licensing of national security-sensitive goods and technology. The following is a notice of the sanctions to be imposed pursuant to section 307(a) of the Act, subject to these waivers.
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<title>Federal Register, Volume 90 Issue 122 (Friday, June 27, 2025)</title>
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[Federal Register Volume 90, Number 122 (Friday, June 27, 2025)]
[Notices]
[Page 27750]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-11896]
[[Page 27750]]
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DEPARTMENT OF STATE
[Public Notice: 12749]
Determinations Regarding Use of Chemical Weapons by Sudan Under
the Chemical and Biological Weapons Control and Warfare Elimination Act
of 1991
SUMMARY: The Senior Official performing the functions of the Under
Secretary for Arms Control and International Security, acting under
authority delegated pursuant to an Executive order, has determined
pursuant to section 306(a) of the Chemical and Biological Weapons
Control and Warfare Elimination Act of 1991 (the Act), 22 U.S.C.
5604(a), that the Government of Sudan has used chemical weapons in
violation of international law. In addition, the Senior Official
performing the functions of the Under Secretary for Arms Control and
International Security has determined and certified to Congress
pursuant to section 307(d) of the Act (22 U.S.C. 5605(d)) that it is
essential to the national security interests of the United States to
partially waive the application of the sanctions required under section
307(a) of the Act with respect to foreign assistance, licenses and
other authorizations for the export of items on the U.S. Munitions List
(USML), and the licensing of national security-sensitive goods and
technology. The following is a notice of the sanctions to be imposed
pursuant to section 307(a) of the Act, subject to these waivers.
DATES: This notice is effective on June 27, 2025.
FOR FURTHER INFORMATION CONTACT: Pamela K. Durham, Office of Missile,
Biological, and Chemical Nonproliferation, Bureau of International
Security and Nonproliferation, Department of State, Telephone (202)
647-4930.
SUPPLEMENTARY INFORMATION: Pursuant to sections 306(a), 307(a), and
307(d) of the Chemical and Biological Weapons Control and Warfare
Elimination Act of 1991 (22 U.S.C. 5604(a), 5605(a), and 5605(d)), on
April 24, 2025 the Senior Official performing the functions of the
Under Secretary for Arms Control and International Security determined
that the Government of Sudan has used chemical or biological weapons in
violation of international law or lethal chemical or biological weapons
against its own nationals. As a result, the following sanctions are
hereby imposed:
1. Foreign Assistance: Termination of assistance to Sudan under the
Foreign Assistance Act of 1961, except for urgent humanitarian
assistance and food or other agricultural commodities or products.
The Senior Official performing the functions of the Under Secretary
for Arms Control and International Security has determined that it is
essential to the national security interests of the United States to
waive the application of this restriction.
2. Arms Sales: Termination of (a) 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.
The Senior Official performing the functions of the Under Secretary
for Arms Control and International Security has determined that it is
essential to the national security interests of the United States to
partially waive the application this sanction to allow for case-by-case
adjudication of licenses or other authorizations for defense articles
and defense services for entities other than the Government of Sudan on
a case-by-case basis for the purposes described pursuant to section
126.1(v) of the International Traffic in Arms Regulations (ITAR).
3. Arms Sales Financing: Termination of all foreign military
financing for Sudan under the Arms Export Control Act.
4. Denial of United States Government Credit or Other Financial
Assistance: Denial to Sudan of any credit, credit guarantees, or other
financial assistance by any department, agency, or instrumentality of
the United States Government, including the Export-Import Bank of the
United States.
5. Exports of National Security-Sensitive Goods and Technology:
Prohibition on the export to Sudan of any goods or technology
controlled for National Security (NS) reasons on the Commerce Control
List (CCL) established under 50 U.S.C. 4813(a)(1).
The Senior Official performing the functions of the Under Secretary
for Arms Control and International Security has determined that it is
essential to the national security interests of the United States to
waive the application of this sanction in order to allow the
authorization of exports or re-exports of NS-controlled goods or
technology to Sudan in accordance with the following policies:
License Exceptions: Exports and re-exports of NS-controlled goods
or technology on the CCL may be authorized under License Exceptions
GOV, ENC, BAG, TMP, RPL, TSU and ACE, as described in 15 CFR part 740.
Safety of Flight: Exports and re-exports of NS-controlled goods or
technology may be authorized pursuant to new licenses when necessary
for the safety of flight of civil fixed-wing passenger aviation,
provided that such licenses shall be issued consistent with export
licensing policy for Sudan prior to the date of the determination.
Deemed Exports/Re-Exports: Exports and re-exports of goods or
technology may be authorized pursuant to new licenses for deemed
exports and re-exports to Sudanese nationals, provided that such
licenses shall be issued consistent with export licensing policy for
Sudan prior to the date of the determination.
Wholly-Owned U.S. and Other Foreign Subsidiaries: Exports and re-
exports of NS controlled goods or technology may be authorized pursuant
to new licenses for exports and re-exports to wholly-owned U.S. and
other foreign subsidiaries in Sudan, provided that such licenses shall
be issued consistent with export licensing policy for Sudan prior to
the date of the determination.
These measures shall be implemented by the responsible departments
and agencies of the United States government and will remain in place
for at least one year and until further notice.
Paul S. Watzlavick,
Senior Official performing the functions of the Assistant Secretary
Bureau of International Security and Nonproliferation Department of
State.
[FR Doc. 2025-11896 Filed 6-26-25; 8:45 am]
BILLING CODE 4710-27-P
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