The United States escalated its punitive measures against the authority in Port Sudan, announcing the activation of the second phase of sanctions under the Chemical and Biological Weapons Control Act, following its official confirmation that the Sudanese army used chemical weapons and that the authority failed within the legal deadline to meet the conditions that would allow the lifting of punitive measures.

The US State Department published on Friday in the Federal Register – the official journal of the United States – the formal decision regarding the sanctions imposed on Sudan under the Chemical and Biological Weapons Control Act of 1991.

Publishing the decision in the Federal Register is the highest level of legal recognition within the United States, as it transforms the sanctions from a political announcement into binding measures for all US government institutions and agencies.

The US State Department said that the Acting Under Secretary of State for Arms Control and International Security concluded, under the authority vested in him, that the government of Sudan used chemical weapons in violation of international law, and officially notified Congress of this in accordance with US law.

It added that the incumbent government in Sudan did not meet the legal requirements necessary to avoid the second phase of sanctions stipulated in the law, which led to the imposition of a broad package of economic, military, and technical measures against it.

Broad sanctions package

The sanctions, which have become binding on US agencies, include a broad package of measures, including the termination of all forms of US foreign assistance to Sudan, except for urgent humanitarian aid, food, and agricultural products; the suspension of all US arms sales and defense services; the cancellation of licenses for the export of military equipment or related services; and the termination of all foreign military financing programs provided to Sudan.

The sanctions also stipulate the denial of any loans, guarantees, or financial assistance provided by the US government, including through the Export-Import Bank of the United States, with the United States committed to opposing the granting of any loans or financial or technical support to Sudan through international financial institutions, except for basic humanitarian assistance.

The sanctions also impose strict restrictions on the export of sensitive US goods and technologies to Sudan, adopting a licensing policy based on the principle of 'presumption of denial' for materials that could contribute to the development of military or security capabilities.

Limited exceptions

Despite the tightening of sanctions, the decision specified a limited number of exceptions that the State Department said serve US security interests, including allowing, in exceptional cases, the granting of licenses related to civil aviation safety, and maintaining certain exemptions for US companies operating abroad under specific controls.

The decision also authorizes the issuance of individual licenses in cases deemed to serve US national security, including certain transactions with non-governmental entities.

The State Department stressed that these exceptions are narrow in scope and do not affect the essence of the sanctions or ease the basic restrictions imposed on Sudan, which remain in full force and effect.

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Impact of the decision

These measures are seen as among the harshest sanctions the United States has imposed on Sudan in years, targeting the finance, trade, technology, and military cooperation sectors, at a time when the army-led authorities in Port Sudan face a worsening economic crisis and increasing diplomatic isolation.

The decision represents the highest US legal authority in dealing with this file, as Washington did not merely accuse the Sudanese government of using chemical weapons, but officially concluded that it failed to correct the situation or provide sufficient guarantees to prevent recurrence, moving the file from the stage of political accusation to the stage of legally binding sanctions under US law.

The decision effectively closes the door to any support or funding from the US government to Sudan, and obligates the United States to oppose granting Khartoum any loans or financial or technical assistance through the World Bank, the International Monetary Fund, and other international financial institutions, which exacerbates the government's economic isolation and makes it difficult to obtain external financing or restore the confidence of international institutions.

Sanctions in effect for at least one year

The official document included in the Federal Register concluded by affirming that these measures will be implemented by the relevant ministries and agencies of the US government, and will remain in effect for at least one year and until further notice.

This means that lifting these sanctions will not be automatic after the first year, but requires a formal decision from the US administration confirming that the reasons that led to their imposition have been removed and that Sudan has met the conditions stipulated in the law.

These sanctions are based on a previous US decision that concluded that the Sudanese government used chemical weapons, which Washington considered a violation of international law and the provisions of the Chemical and Biological Weapons Control Act of 1991, thus entering a new phase of unprecedented legal and diplomatic escalation in relations between the two countries.

The decision indicates Washington's transition from the stage of diplomatic pressure to using economic and legal isolation tools against the Sudanese authorities, amid the ongoing war and increasing international accusations of committing grave violations, including the use of internationally prohibited weapons.