Regulations Amending the Special Economic Measures (Sudan) Regulations: SOR/2025-18

Canada Gazette, Part II, Volume 159, Number 5

Registration
SOR/2025-18 February 6, 2025

SPECIAL ECONOMIC MEASURES ACT

P.C. 2025-74 February 5, 2025

Whereas the Governor in Council is of the opinion that the situation in the Republic of the Sudan constitutes a grave breach of international peace and security that has resulted or is likely to result in a serious international crisis;

And whereas the Governor in Council is of the opinion that gross and systematic human rights violations have been committed in the Republic of the Sudan;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, makes the annexed Regulations Amending the Special Economic Measures (Sudan) Regulations under paragraph 4(1)(a)footnote a and subsections 4(1.1)footnote b, (2)footnote c and (3) of the Special Economic Measures Act footnote d.

Regulations Amending the Special Economic Measures (Sudan) Regulations

Amendments

1 Items 1 and 2 of Part 1 of the schedule to the Special Economic Measures (Sudan) Regulations footnote 1 are replaced by the following:

2 Part 1 of the schedule to the Regulations is amended by adding the following in numerical order:

Application Before Publication

3 For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply according to their terms before they are published in the Canada Gazette.

Coming into Force

4 These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

The ongoing conflict in Sudan continues to constitute a grave breach of international peace and security in which gross and systematic violations of human rights are committed. The confrontation in Sudan between the Sudanese Armed Forces (SAF), led by General al-Burhan, and the Rapid Support Forces (RSF), led by General Mohamed Hamdan Dagalo (also known as “Hemedti”), has resulted in thousands of civilian casualties and the continued displacement and suffering of millions of Sudanese people, affecting neighbouring countries and causing further instability throughout the entire region.

The parties to the armed conflict sustain and fund their operations through complex procurement and financing networks — including front companies — and through support from numerous individuals and commercial entities that provide logistical, material, and financial assistance, as well as support from external actors.

After 22 months of fighting, the conflict continues, and with a lack of tangible movement toward peace, there is escalating violence against civilians, propelled by the supply of arms and military equipment to the warring parties. This merits further restrictive measures against individuals holding leadership roles within these procurement and financing networks in both opposing factions.

Background

Human rights situation in Sudan

The current conflict has been ongoing since April 15, 2023, when direct confrontation began between the SAF and the RSF, a paramilitary force. Since then, mounting evidence has emerged implicating both parties in gross and systematic violations and abuses of human rights and violations of international humanitarian law, which have targeted civilian populations in Sudan. To date, the SAF and the RSF have shown little willingness to engage in international mediation efforts, despite repeated calls by Canada and the international community for a cessation of hostilities.

As of January 9, 2025, more than 8.8 million people have been internally displaced and over 3.3 million people have fled Sudan into neighbouring countries, which were already experiencing their own humanitarian crises. The protracted nature of the crisis risks further destabilizing an already fragile region.

Millions of people face acute shortages of food, water, medicine, and lack access to essential services. Sudan is sliding into a widening famine crisis characterized by widespread starvation and a significant surge in acute malnutrition, with famine detected in five areas of the country and projected to affect several other areas over the coming months. There is also evidence of continued looting of homes and destruction of civilian infrastructure. Access to humanitarian assistance is severely restricted, exacerbating the suffering of millions. Some of these challenges are related to the security situation in conflict zones, including attacks against humanitarian actors and lack of guarantees for safe access across the front lines. There are also administrative barriers imposed by Sudanese authorities on humanitarian actors, including requiring that assistance arrive through specific points of entry into the country and delays in issuing visas for humanitarian personnel. Beyond bureaucratic impediments, there is also evidence of systemic obstruction of aid by both parties to the conflict, such as refusals to allow needs assessments, forced checks of humanitarian trucks and attempts to influence human resources or procurement decisions. There have been credible reports of widespread conflict-related sexual violence perpetrated by the parties against women and girls, most of whom cannot access critical sexual and reproductive health services. Reports have also detailed poor conditions in detention and related allegations of torture and other cruel, inhumane or degrading treatment or punishment.

The SAF and the RSF continue to battle for control of Khartoum and its surrounding areas, including parts of the country previously untouched by the conflict. Recent estimates show over 60 000 deaths in Khartoum state alone — the actual number of deaths is likely higher due to challenges in data collection posed by the poor security situation. The battle for El Fasher in North Darfur — the last remaining capital of the five Darfur states not under RSF control — also continues with devastating consequences for civilians, including the use of indiscriminate bombing by the SAF and heavy artillery fire by the RSF. Recent RSF actions in other parts of Sudan have included indiscriminate attacks on civilians and large-scale looting of homes, farms and markets. These attacks have been characterized by high rates of conflict-related sexual violence as the RSF advances on villages in the region — women have reportedly used suicide as a means to avoid rape.

International response

Since the onset of the crisis, the international community has engaged in intense political and diplomatic efforts to push for an immediate cessation of hostilities. International efforts have focused on improving international humanitarian law compliance by the parties and, ultimately, ending the conflict. To date, all attempts at negotiating a ceasefire have failed. To the degree possible, given the conflict, the international community is providing humanitarian and development assistance.

The Group of Seven (G7) has issued statements on the crisis at the Leaders’ and Foreign Ministers’ level. In June 2024, the G7 Apulia Leaders’ CommuniquĂ© included language on Sudan, which made reference to widespread human rights violations and abuses and called for unhindered humanitarian access and for a cessation of hostilities. Most recently, the G7 Foreign Ministers’ Meeting Statement (November 2024) urged the SAF, the RAF and their allied militias to comply with international humanitarian law, protecting civilians, and facilitating rapid, safe and unhindered humanitarian access both into Sudan and across lines of conflict.

The United Nations (UN) has been engaged through several mechanisms. The UN Security Council (UNSC) remains seized of the issue and meets regularly to discuss the crisis in Sudan. The UNSC has passed a number of resolutions condemning the violence against civilians, including recent escalations in Darfur.

The human rights situation in Sudan has featured on the agenda at the UN Human Rights Council (HRC) since May 2023. On October 11, 2023, the HRC adopted a resolution that established an independent international fact-finding mission (FFM) for the Sudan, which is mandated to collect and verify evidence of violations of human rights and humanitarian law, identify perpetrators of violations, and recommend accountability measures, all with the view of ending impunity and addressing root causes. In September 2024, the FFM presented its first report that outlines extensive violations of international human rights and humanitarian law, including widespread conflict-related sexual violence perpetrated by the warring parties.

The International Criminal Court’s (ICC) Office of the Prosecutor opened an investigation into the situation in Sudan in June 2005, which was referred to the Court by the UNSC as a result of the conflict in Darfur in the early 2000s. In response to the discovery of mass civilian graves in Darfur in July 2023, the Prosecutor confirmed that its investigation encompasses allegations of Rome Statute crimes (i.e. crimes against humanity, war crimes, the crime of genocide and the crime of aggression) emanating from the current conflict.

On April 15, 2024, marking one year of conflict, France, Germany, and the European Union organized an international humanitarian conference for Sudan and its neighbouring countries. This brought together ministers and representatives from over 58 states, as well as regional organizations, the UN Secretary General’s Personal Envoy for Sudan, and representatives from UN Programmes and Agencies. Donors pledged almost $3 billion at this conference. The Minister of International Development attended on behalf of Canada.

In January 2024, the African Union announced the creation of a High-Level Panel on Sudan. Its members are tasked with coordinating with Sudanese stakeholders as well as other regional and international organizations to develop an inclusive mediation process to end the war. Their efforts include the Sudan Women’s Peace Dialogue, which took place in Kampala in July 2024, aimed at including women in the peace process, and several meetings with Sudanese civilian stakeholders. The Intergovernmental Authority on Development (IGAD) formed a Quartet on Sudan, led by Kenya and consisting of Ethiopia, Djibouti, and South Sudan to lead mediation efforts. In June 2023, IGAD adopted a Roadmap for peace in Sudan to help guide this work and has organized several leader-level summits focused on ending the war throughout 2023.

Canada’s response

Canada is engaged at the highest levels, including outreach by the Prime Minister, the Minister of Foreign Affairs, and the Minister of International Development with regional and international partners.

In October 2024, Canada co-sponsored the resolution to renew the mandate of the FFM for an additional year. The successful renewal of the FFM reinforces ongoing efforts to monitor and report on human rights issues in the region.

In 2024, Canada allocated over $100 million in humanitarian assistance funding to address life-saving needs in Sudan and its neighbouring countries. This funding is delivered through experienced UN, Red Cross and non-governmental organization partners and is helping provide emergency health services, food and nutrition assistance, protection services and other life-saving assistance — such as shelter, water and sanitation services — to crisis-affected people. Canada’s bilateral development assistance program in Sudan focuses on mitigating the long-term impacts of the conflict and seeks to complement humanitarian and peace and security efforts, by focusing on increased food security, sexual and reproductive health and rights (including conflict-related sexual violence), improving access to and quality of education, and the rights and empowerment of women and girls. On April 12, 2024, Canada announced $31.5 million in development assistance to support critical programming in sexual and reproductive health and rights and education in emergencies. These funding announcements represent Canada’s pledge at the International Humanitarian Conference for Sudan and Neighbouring Countries in Paris in April 2024.

Canada continues to explore opportunities to support the inclusion of civilian and civil society voices in mediation efforts. This includes support through the Peace and Stabilization Operations Program (PSOPs) to civil society organizations, women’s human rights defenders, and peacebuilders in Sudan to increase their capacity to engage in mediation efforts and to help mitigate the impacts of the conflict at a local level. Canada recently announced the appointment of Canada’s Ambassador to Ethiopia as Ambassador-designate to Sudan, which will allow Canada to increase its engagement in diplomatic efforts.

Canada imposes sanctions in relation to Sudan through regulations implemented under the United Nations Act (UNA). The Regulations Implementing the United Nations Resolutions on Sudan (the UN Sudan Regulations) implement the UNSC sanctions regime on Sudan, which were first imposed in 2004 in response to the humanitarian crisis and widespread human rights violations resulting from the conflict in the Darfur region. The measures imposed against Sudan under the UNA include (1) a prohibition on the export of arms and related material to Sudan or any person in Sudan; (2) a prohibition on the provision to Sudan or any person in Sudan of technical or financial assistance related to arms and related material; (3) an assets freeze against those persons designated by the UNSC Committee established by resolution 1591; and (4) a travel ban against persons designated by the Committee.

On April 12, 2024, Canada introduced new autonomous sanctions measures under the Special Economic Measures Act (SEMA) in response to the ongoing conflict. On the same date, Canada imposed sanctions on two individuals and four entities for directly or indirectly undermining peace, security, and stability in Sudan, as well as participating in human rights violations. Those sanctioned are associated with the main parties to the ongoing conflict.

Objective

  1. Support a cessation of hostilities in Sudan by reducing the parties’ capacity to continue engaging in conflict by exerting direct pressure on them, including targeting financial and procurement networks.
  2. Signal Canada’s firm commitment to supporting respect for human rights, international humanitarian law, and the Sudanese people’s demands for a return to a peaceful and civilian-led transition to democracy.
  3. Communicate a clear message to the parties that Canada stands with other members of the international community in condemning the gross and systematic human rights violations by the RSF and the SAF.

Description

The Regulations Amending the Special Economic Measures (Sudan) Regulations (the amendments) add two individuals to the Schedule of the Special Economic Measures (Sudan) Regulations (the Regulations). These individuals are affiliated with the SAF and the RSF, and financially and logistically support the war. In doing so, they have committed or contributed to the commission of gross and systematic human rights violations and/or have been directly or indirectly facilitating, supporting, providing funding or contributing to the conflict, which represents a grave breach in international peace and security.

The amendments also include a minor update to add dates of birth for the two previously listed individuals.

Any individual or entity in Canada, or any Canadians outside Canada are thereby prohibited from dealing in the property of, entering into transactions with, providing financial or related services to, transferring property to, or otherwise making goods available to listed persons. These measures will also render listed individuals inadmissible to Canada under the Immigration and Refugee Protection Act (IRPA).

Under the Regulations, listed persons may apply to the Minister of Foreign Affairs to have their name removed from the Schedule of designated persons. The Minister must determine whether there are reasonable grounds to make a recommendation to the Governor in Council for removal.

Regulatory development

Consultation

Global Affairs Canada regularly engages with relevant stakeholders, including civil society organizations, cultural communities and other like-minded governments, regarding Canada’s approach to sanctions implementation.

With respect to the amendments, public consultation on the persons being listed would not have been appropriate, as publicizing the names of the persons targeted by sanctions would have potentially resulted in asset flight prior to the coming into force of the Regulations.

Modern treaty obligations and Indigenous engagement and consultation

An initial assessment of the geographical scope of the initiative was conducted and did not identify any modern treaty obligations, as the Regulations do not take effect in a modern treaty area.

Instrument choice

Regulations are the sole methods to enact sanctions in Canada. No other instruments could be considered.

Regulatory analysis

Benefits and costs

As the conflict in Sudan approaches the two-year mark, the amendments seek to limit the capacity of the parties to continue fighting and commit human rights violations and abuses and violations of international humanitarian law. The amendments also seek to limit the capacity of the parties to obtain logistical, material, and financial support. They also remain aligned with Canada’s efforts and those of international partners and further expose individuals and entities engaged in activities that undermine international peace and security and promote regional instability.

The amendments continue to signal Canada’s strong and continued condemnation of the ongoing violence in Sudan.

The incremental cost to the Government of Canada to administer and enforce these additional prohibitions is minimal.

Sanctions targeting specific persons also have less impact on Canadian businesses than traditional broad-based economic sanctions and have limited impact on the citizens of the country of the listed individuals and entities. Based on an initial assessment of available open-source information, it is believed that the newly listed individuals have limited linkages with Canada and, therefore, do not have business dealings that are significant to the Canadian economy. Therefore, it is anticipated that there will be no significant impacts on Canadians and Canadian businesses as a result of these amendments.

Canadian banks and financial institutions are required to comply with sanctions. They will do so by adding the newly listed individuals to their existing monitoring systems, which may result in a minor compliance cost.

Small business lens

Analysis under the small business lens concludes that the amendments do not impose any new compliance or administrative burden on small businesses in Canada. The amendments prohibit Canadian businesses from dealing with, providing services to, or otherwise making goods available to listed persons, but do not create obligations related to them. Additionally, Canadian businesses may seek permits under the Regulations which are granted on an exceptional basis allowing policy space for exemptions. However, Global Affairs Canada does not anticipate any applications resulting from listing these persons. Canadian small businesses are also subject to the duty to disclose under the Regulations, which would represent a direct compliance requirement. However, as the newly listed persons have no known legitimate linkages with Canada, Global Affairs Canada does not anticipate any disclosures resulting from the amendments.

One-for-one rule

The one-for-one rule does not apply, as there is no incremental change in administrative burden on business. The permitting process for businesses meets the definition of “administrative burden” in the Red Tape Reduction Act. However, while permits may be granted under the Regulations on an exceptional basis, given that the listed individuals have limited business ties to Canadian economy, Global Affairs Canada does not anticipate any permit applications with respect to the Regulations.

Regulatory cooperation and alignment

While the amendments are not related to a work plan or commitment under a formal regulatory cooperation forum, they align with actions taken by Canada’s international partners. Sanctions are most effective when they are applied in a coordinated manner.

Effects on the environment

The amendments are unlikely to result in important environmental effects. In accordance with the Cabinet Directive on Strategic Environmental and Economic Assessment (SEEA Directive), a preliminary scan concluded that an SEEA is not required.

Gender-based analysis plus (GBA+)

The subject of economic sanctions has previously been assessed for effects on gender and diversity. Although intended to facilitate a change in behaviour through economic pressure on individuals and entities in foreign states, sanctions under the SEMA can nevertheless have an unintended impact on certain groups and individuals in vulnerable situations. Rather than affecting Sudan as a whole, these targeted sanctions impact individuals believed to be engaged in activities that directly or indirectly support, provide funding for or contribute to the commission of gross and systematic human rights violations, including sexual and gender-based violence, and to a grave breach in international peace and security. Therefore, these sanctions aim to reduce the incidence of gender-based violence and are unlikely to have a significant negative impact on vulnerable groups as compared to traditional broad-based economic sanctions directed toward a state and limit the collateral effects to those dependent on those targeted individuals.

Implementation, compliance and enforcement, and service standards

The amendments come into force on the day on which they are registered.

Consequential to being listed in the Regulations, and pursuant to the application of paragraph 35.1(b) of the IRPA, the listed individuals are inadmissible to Canada.

The names of the listed individuals will be available online for financial institutions to review and will be added to the Consolidated Canadian Autonomous Sanctions List. This will help to facilitate compliance with the Regulations.

The Trade Commissioner Service at Global Affairs Canada, abroad and in Canada, continues to assist clients in understanding Canadian sanctions regulations, and notably the impact of the regulations on any activities in which Canadians may be engaged. Global Affairs Canada is also increasing outreach efforts across Canada — including to engage with businesses, universities, and provincial/territorial governments — to enhance national awareness of and compliance with Canadian sanctions.

Under the SEMA, both Royal Canadian Mounted Police and Canada Border Services Agency officers have the power to enforce sanctions violations through their authorities as defined under the Customs Act, the Excise Act or the Excise Act, 2001, and sections 487 to 490, 491.1 and 491.2 of the Criminal Code.

In accordance with section 8 of the SEMA, every person who knowingly contravenes or fails to comply with the Regulations is liable, upon summary conviction, to a fine of not more than $25,000 or to imprisonment for a term of not more than one year, or to both: or, upon conviction on indictment to imprisonment for a term of not more than five years.

Contact

Sanctions Bureau
Global Affairs Canada
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone (toll-free): 1‑833‑352‑0769
Telephone (local): 343‑203‑3975
Fax: 613‑995‑9085
Email: sanctions@international.gc.ca