The United States has 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 and Warfare Elimination Act of 1991, after officially confirming that the Sudanese army used chemical weapons and that its authority failed within the legal deadline to meet the conditions for lifting the punitive measures.

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

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

The State Department said that the Acting Under Secretary of State for Arms Control and International Security concluded, based on his delegated authority, that the Sudanese government used chemical weapons in violation of international law, and formally notified Congress of this in accordance with US law.

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

Broad sanctions package

The sanctions, now 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 assistance, food, and agricultural products; a halt to all US arms sales and defense services; cancellation of licenses for exporting 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 from the US government, including through the Export-Import Bank of the United States, with the US committed to opposing 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 US security-sensitive goods and technologies to Sudan, adopting a licensing policy based on a 'presumption of denial' for items that could contribute to developing military or security capabilities.

Limited exceptions

Despite the sanctions tightening, the decision stipulated 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 confirmed that these exceptions are narrow in scope and do not affect the essence of the sanctions or ease the fundamental restrictions imposed on Sudan, which remain in full effect and binding.

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Implications of the Decision

These measures are seen as among the harshest sanctions the US has imposed on Sudan in years, targeting the financial, trade, technology, and military cooperation sectors, at a time when the military-led authorities in Port Sudan face a deepening economic crisis and growing 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 formally concluded that it failed to rectify the situation or provide sufficient guarantees to prevent recurrence, moving the file from the stage of political accusation to that of binding legal sanctions under US law.

The decision effectively closes the door to any support or funding from the US government to Sudan, and obliges the US to oppose granting Khartoum any loans or financial or technical assistance through the World Bank, the International Monetary Fund, and other international financial institutions, exacerbating the government's economic isolation and complicating its chances of obtaining external financing or restoring confidence from 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 the removal of the reasons that led to their imposition and that Sudan has met the conditions stipulated in the law.

These sanctions are based on a previous US determination 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 and Warfare Elimination Act of 1991, thus entering the relations between the two countries into a new phase of unprecedented legal and diplomatic escalation.

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