Regulations Amending the Special Economic Measures (Sudan) Regulations: SOR/2025-69

Canada Gazette, Part II, Volume 159, Number 7

Registration
SOR/2025-69 March 5, 2025

SPECIAL ECONOMIC MEASURES ACT

P.C. 2025-271 March 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 The portion of section 2 of the Special Economic Measures (Sudan) Regulations footnote 1 before paragraph (a) is replaced by the following:

Listed person

2 A person whose name is listed in the schedule is a person in respect of whom the Governor in Council, on the recommendation of the Minister, is satisfied that there are reasonable grounds to believe is

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

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

Application Before Publication

4 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

5 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 tens of 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.

After nearly two years of fighting, there is escalating violence against civilians, propelled by the supply of arms and military equipment to the warring parties and an unwillingness on the part of the leaders to negotiate an end to the war. This merits further restrictive measures against the leaders of the SAF and the RSF for their refusal to negotiate in good faith and adhere to a permanent ceasefire, individuals who have overseen attacks against civilians, those who have threatened the democratic transition of Sudan, as well as entities involved in the procurement and financing networks for the SAF and the RSF.

Background

Human rights and humanitarian crisis 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 February 5, 2025, more than 9.1 million people have been internally displaced and over 3.3 million people have fled Sudan into neighbouring countries, some of which were already experiencing their own humanitarian crises. The protracted nature of the crisis risks further destabilizing an already fragile region.

Sudan is sliding into a widening food insecurity 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. 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.

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, and it is already having a significant impact on civilians with respect to their security. 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. Human rights defenders and journalists are also increasingly targeted by both the SAF and the RSF. Additionally, recent findings by the United States indicate that the SAF has deployed chemical weapons against the RSF on at least two occasions, violating the Chemical Weapons Convention, of which Sudan is a signatory.

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 compliance with international humanitarian law by the parties involved and, ultimately, ending the conflict. To date, all attempts at negotiating a ceasefire have failed. Despite the ongoing conflict, the international community is making every effort to provide humanitarian and development assistance to those in need.

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’ Communiqué made reference to widespread international humanitarian law and human rights violations and abuses and called for unhindered humanitarian access and for a cessation of hostilities. Most recently, the G7 Foreign Ministers Meeting Joint Communiqué (November 2024) urged the SAF, the RSF and their allied militias to comply with international humanitarian law, especially the protection of civilians, and facilitating rapid, safe and unhindered humanitarian access both into Sudan and across lines of conflict. The G7 Foreign Ministers remain engaged on this issue, with UK-led discussions on addressing the humanitarian crisis by applying pressure to the SAF and RSF to improve humanitarian access and the protection of civilians.

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 also featured on the agenda at the UN Human Rights Council (HRC) since May 2023. In September 2024, the Independent, International Fact-Finding Mission (FFM), mandated by the UN HRC, 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 (ICC) 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 July 2023, the Office of the Prosecutor began investigating the current situation, including allegations of Rome Statute crimes (i.e. crimes against humanity, war crimes, and the crime of genocide).

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.

Regional organizations are also engaged. The African Union and the Intergovernmental Authority on Development (IGAD), have convened meetings, including with Sudanese civilian actors, to support ongoing mediation efforts.

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 at the HRC 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 $104 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. In April 2024, Canada announced $31.5 million in development assistance to support critical programming in sexual and reproductive health and rights and education in emergencies in Sudan and neighbouring countries.

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 an Ambassador-designate to Sudan (based in Addis Ababa), which will allow Canada to increase its engagement in diplomatic efforts.

Since September 2004, Canada, consistent with international obligations, has imposed sanctions in relation to Sudan through regulations implemented under the United Nations Act (UNA). 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 UN Security Council 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. The Special Economic Measures (Sudan) Regulations (the Regulations) were last amended on February 6, 2025, sanctioning two individuals who are responsible for facilitating or supporting the commission of gross and systematic violations of human rights during the conflict. These individuals are also implicated in procuring the weapons and mobilizing the financial resources to support or enable the SAF and RSF to continue fighting.

Amendment on third-country listings

The Budget Implementation Act, 2023, No. 1, which entered into force on June 22, 2023, made amendments to the SEMA to provide the Governor in Council with the authority to list any person (individuals or entities) in that foreign state, a national of that foreign state who does not ordinarily reside in Canada “or a person outside Canada who is not Canadian.” Prior to this amendment, the authority was focused on persons (individual or entity) being based in the foreign country or possessing (currently or formerly) the nationality of the country of interest under the SEMA regulations.

Objective

  1. Support a cessation of hostilities in Sudan by weakening the parties’ capacity to sustain armed conflict by exerting direct pressure on them, particularly by targeting leaders of the SAF and RSF, along with affiliated individuals, as well as the financial and procurement networks fuelling the war.
  2. Signal Canada’s firm commitment to holding key figures accountable for their actions, while 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 members of the international community in condemning the gross and systematic human rights violations perpetrated by the RSF and the SAF, including by imposing measures on their leaders.
  4. Include the authority under the Regulations, as allowed under the SEMA, to list any person “outside Canada who is not Canadian,” allowing for the listing of third-country persons.

Description

The Regulations Amending the Special Economic Measures (Sudan) Regulations (the amendments) add seven (7) individuals and three (3) entities to the Schedule of the Regulations. These individuals and entities 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.

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 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.

In addition, the amendments align with the authority under the SEMA to list any persons (individuals or entities) outside of Canada who are not Canadian, by removing the reference to being in Sudan or being a national of Sudan from the definition of listed persons. This will allow the listing of persons in third countries complicit in the current crisis in Sudan, provided that they satisfy the listing criteria as described in Section 2 of the Regulations.

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. The amendments 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. They also remain aligned with Canada’s efforts and those of international partners.

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 and entities have no known legitimate 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 persons 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 could impact Canadians small businesses. The amendments listing new individuals and entities 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. While Canadian businesses may seek permits under the Regulations which are granted on an exceptional basis, 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 persons 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

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 persons 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. These measures aim to reduce the incidence of gender-based violence. Therefore, these targeted sanctions limit the collateral effects to those dependent on listed individuals and entities and are unlikely to have a significant negative impact on vulnerable groups as compared to traditional broad-based economic sanctions directed toward a state.

Implementation, compliance and enforcement, and service standards

Implementation

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 persons 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.

Compliance and enforcement

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

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