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Defense Trade Regulations Amended to Reflect South Sudan Ban, Exceptions

Thursday, February 15, 2018
Sandler, Travis & Rosenberg Trade Report

The State Department has issued a final rule amending the International Traffic in Arms Regulations to apply a policy of denial for licenses to export defense articles and services to South Sudan. However, a license or other approval may be issued, on a case-by-case basis, for the following.

- defense articles and services for monitoring, verification, or peacekeeping support operations, including those authorized by the United Nations or operating with the consent of the relevant parties

- defense articles and services intended solely for the support of or use by African Union Regional Task Force or UN entities operating in South Sudan

- defense articles and services intended solely for the support of or use by non-governmental organizations in furtherance of conventional weapons destruction or humanitarian demining activities

- non-lethal defense articles intended solely for humanitarian or protective use and related technical training and assistance

- personal protective equipment, including flak jackets and helmets, temporarily exported to South Sudan by UN personnel, human rights monitors, representatives of the media, and humanitarian and development workers and associated personnel for their personal use only

- any defense articles and services provided in support of implementation of the Comprehensive Peace Agreement, the Agreement on the Resolution of the Conflict in the Republic of South Sudan, or any successor agreement

State notes that under this rule no broker may engage in or propose to engage in brokering activities subject to the ITAR that involve South Sudan without first obtaining the approval of State’s Directorate of Defense Trade Controls.

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