Home Europe Council of the European Union Council Implementing Regulation (EU) 2024/384 of 22 January ...
Date: 22-Jan-2024 Category: Not Applicable State: Union Government Country: Europe

Council Implementing Regulation (EU) 2024/384 of 22 January 2024 implementing Regulation (EU) 2023/2147 concerning restrictive measures in view of activities undermining the stability and political transition of Sudan

Issued by Council of the European Union · Not Applicable

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Executive Summary & Key Takeaways

What it means

  • Council Implementing Regulation (EU) 2024/384 implements Regulation (EU) 2023/2147 concerning restrictive measures in view of activities undermining the stability and political transition of Sudan. The regulation adds six entities to the list of those subject to restrictive measures.

Key Changes

  • Six entities are added to Annex I of Regulation (EU) 2023/2147, subjecting them to restrictive measures.
  • The listed entities include:
  • Defense Industries System (DIS), a Sudanese Armed Forces (SAF)-owned conglomerate with estimated annual revenues of USD 2 billion in 2020, manufacturing military equipment for the SAF.
  • SMT Engineering (SMT), a Sudan-based company owning or controlling numerous companies of the SAF-controlled GIAD conglomerate.
  • Zadna International Company for Investment Limited (Zadna), a holding company 99% owned by the SAF controlled Special Fund for the Social Security of the Armed Forces (SFSSAF).
  • Al Junaid Multi Activities Co Ltd (Al Junaid), a Sudanese holding company controlled by Rapid Support Forces’ (RSF) Commander Mohamed Hamdan Dagalo (Hemedti) and his brother, involved in gold mining and trade.
  • Tradive General Trading Co (Tradive), a UAE-based company whose director and ultimate beneficial owner is RSF Major Algoney Hamdan Dagalo.
  • GSK ADVANCE COMPANY LTD, a Sudan-based information technology and security company, which is 60 % owned by RSF Major Algoney Hamdan Dagalo.

Impact Analysis

Businesses with connections to Sudan

  • Legal counsel should be consulted to ensure full compliance with the regulation and to assess potential risks.

Financial Institutions

  • Reporting obligations to relevant authorities must be adhered to.

EU Member States

  • National authorities must be informed of any potential violations of the regulation.

Suggested Action Items

  • Report any suspected violations to the appropriate authorities.

Key Entities Referenced

Council of the European Union: The governing body of the EU responsible for adopting the regulation. Regulation (EU) 2023/2147: The original regulation concerning restrictive measures in view of activities undermining the stability and political transition of Sudan. Defense Industries System (DIS): A large Sudanese Armed Forces (SAF)-owned conglomerate which manages a network of military-controlled companies. SMT Engineering (SMT): A Sudan-based company which owns or controls, together with DIS, numerous companies of the SAF-controlled GIAD conglomerate. Zadna International Company for Investment Limited (Zadna): A holding company in agriculture and construction, which is 99 % owned by the SAF controlled Special Fund for the Social Security of the Armed Forces (SFSSAF). Al Junaid Multi Activities Co Ltd (Al Junaid): A Sudanese holding company controlled by Rapid Support Forces’ (RSF) Commander Mohamed Hamdan Dagalo (Hemedti) and his brother, involved in gold mining and trade. Tradive General Trading Co (Tradive): A UAE-based company whose director and ultimate beneficial owner is RSF Major Algoney Hamdan Dagalo. GSK ADVANCE COMPANY LTD: A Sudan-based information technology and security company, which is 60 % owned by RSF Major Algoney Hamdan Dagalo. Rapid Support Forces (RSF): A Sudanese paramilitary group involved in the conflict in Sudan. Sudanese Armed Forces (SAF): The military forces of Sudan.
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Official Journal EN of the European Union L series 2024/384 22.1.2024 COUNCIL IMPLEMENTING REGULATION (EU) 2024/384 of 22 January 2024 implementing Regulation (EU) 2023/2147 concerning restrictive measures in view of activities undermining the stability and political transition of Sudan THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Council Regulation (EU) 2023/2147 of 9 October 2023 concerning restrictive measures in view of activities undermining the stability and political transition of Sudan(1), and in particular Article 13(1) thereof, Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy, Whereas: (1) On 9 October 2023, the Council adopted Regulation (EU) 2023/2147. (2) On 27 November 2023, the High Representative of the Union for Foreign Affairs and Security Policy issued a statement on behalf of the Union on the situation in Sudan, in which the Union and its Member States reiterated their strong condemnation of the continuous fighting between the Sudanese Armed Forces and the Rapid Support Forces, and their respective affiliated militias. The Union also deplored the dramatic escalation of violence and the irreparable cost to human life in Darfur and throughout the country, as well as violations of international human rights law and international humanitarian law. (3) In view of the gravity of the situation, six entities should be included in the list of natural and legal persons, entities and bodies in Annex I to Regulation (EU) 2023/2147. (4) Annex I to Regulation (EU) 2023/2147 should therefore be amended accordingly, HAS ADOPTED THIS REGULATION: Article 1 Annex I to Regulation (EU) 2023/2147 is amended in accordance with the Annex to this Regulation. Article 2 This Regulation shall enter into force on the date of its publication in the Official Journal of the European Union. (1) OJ L, 2023/2147, 11.10.2023, ELI: http://data.europa.eu/eli/reg/2023/2147/oj. ELI: http://data.europa.eu/eli/reg_impl/2024/384/oj 1/8EN OJ L, 22.1.2024 This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 22 January 2024. For the Council The President J. BORRELL FONTELLES 2/8 ELI: http://data.europa.eu/eli/reg_impl/2024/384/ojELI: http://data.europa.eu/eli/reg_impl/2024/384/oj 3/8 ANNEX Annex I to Regulation (EU) 2023/2147 is replaced by the following: ‘ANNEX I List of natural and legal persons, entities or bodies referred to in Article 2 A. Natural Persons […] B. Entities Name Identifying information Reasons Date of listing 1. Defense Industries System Address: Khartoum North, Khartoum Defense Industries System (DIS), previously known as the Military Industrial 22.1.2024 10783 Corporation (MIC), is a large Sudanese Armed Forces (SAF)-owned conglomerate a.k.a.: which manages a network of military-controlled companies. DIS generates substantial Type of entity: Public entity Military Industry annual revenues, estimated at USD 2 billion in 2020. Corporation; Date of registration: 1993 DIS manufactures and provides the SAF with a range of military equipment, including Defense Industries weapons, ammunition, aircraft and military vehicles, which are used by the armed Corporation forces in the conflict in Sudan. DIS controls together with SMT Engineering (SMT), through a network of direct and indirect shareholdings, numerous companies of the SAF-controlled GIAD conglomerate, which is also involved in the production of weapons and vehicles for the armed forces, as well as in the provision of services to the SAF, in particular through a partnership between GIAD for Automotive Services and the Corps of Engineers. The Director General of DIS has accompanied Commander Al-Burhan during his official visits abroad since April 2023. Therefore, DIS provides support to SAF actions and policies that threaten the peace, stability and security of Sudan. In addition, DIS is associated with SMT which also provides support to the SAF’s actions and policies that threaten the peace, stability and security of Sudan. OJ L, 22.1.2024 EN4/8 ELI: http://data.europa.eu/eli/reg_impl/2024/384/oj Name Identifying information Reasons Date of listing 2. SMT Engineering Address: SMT Building Madani Road, SMT Engineering (SMT) is a Sudan-based company which owns or controls, together 22.1.2024 KM 50 Khartoum, Giad Industrial with DIS, numerous companies of the SAF-controlled GIAD conglomerate, through a a.k.a.: Complex, Gamhuria Street Khartoum network of direct and indirect shareholdings. SMT is the main shareholder of three Sudan Master Technology; GIAD companies in which DIS owns the rest of the shares (GIAD for the automotive Type of entity: State Controlled and truck industry, GIAD complex for heavy mechanism industries and GIAD metal SMT Company industries complex). SMT also owns or controls, directly or indirectly, many other companies that are part of the GIAD conglomerate and in which DIS also holds stakes, such as GIAD for Automotive Services. The GIAD conglomerate is involved in the production of weapons and vehicles for the armed forces, as well as in the provision of services to the SAF, in particular through a partnership between GIAD for Automotive Services and the Corps of Engineers. DIS is a large SAF-owned conglomerate which provides support for SAF actions and policies that threaten the peace, stability and security of Sudan, in particular through the manufacture and provision of a range of military equipment, including weapons, ammunition, aircraft and military vehicles, which are used by the armed forces in the conflict in Sudan. Therefore, SMT Engineering provides support for SAF actions and policies that threaten the peace, stability and security of Sudan. It is also associated with DIS, which also provides support for SAF actions and policies that threaten the peace, stability and security of Sudan. EN OJ L, 22.1.2024ELI: http://data.europa.eu/eli/reg_impl/2024/384/oj 5/8 Name Identifying information Reasons Date of listing 3. Zadna International Address: Doha Street Property 436, Zadna International Company for Investment Limited (Zadna) is a holding company in 22.1.2024 Company for Investment Manshia Doha Street, Khartoum, agriculture and construction, which is 99 % owned by the SAF controlled Special Fund Limited Sudan, 11429 for the Social Security of the Armed Forces (SFSSAF), formerly known as the Charity Organisation for the Support of the Armed Forces. Type of entity: State Controlled Company The leader of the SAF, Commander Al-Burhan, appointed in October 2021 General El Mirghani Idris Suleiman as Chairman of Zadna, who is one of his friends and Director Date of registration: 1997 of DIS. In May 2023, he also appointed Dr. Taha Hussein Yousef as Director-General of Zadna. The SFSSAF and Zadna are part of the vast network of companies and organisations owned or controlled by the SAF, which are used to sustain the power of the armed forces over the Sudanese economy. Zadna is a leading company engaged in high-profile international business deals and is one of the top revenue earners in the army’s network of companies. Therefore, it generates substantial revenues for the benefit of the SAF, which enables the armed forces to finance and continue the conflict in Sudan. Therefore, Zadna International Company for Investment Limited provides support for SAF actions and policies that threaten the peace, stability and security of Sudan. OJ L, 22.1.2024 EN6/8 ELI: http://data.europa.eu/eli/reg_impl/2024/384/oj Name Identifying information Reasons Date of listing 4. Al Junaid Multi Activities Co Address: Street 3 Khartoum Block 17 Al Junaid Multi Activities Co Ltd (Al Junaid) is a Sudanese holding company controlled 22.1.2024 Ltd Alryad, Sudan by Rapid Support Forces’ (RSF) Commander Mohamed Hamdan Dagalo (Hemedti) and his brother, RSF Deputy Commander Abdul Rahim Dagalo. The company is owned by a.k.a. Industrial Area 13, Sharjah, UAE P.O. Abdul Rahim Dagalo and his two sons. Hemedti himself is on its board of directors. Box 61401, Sharjah Ajmac multi activities Based in Khartoum, Al Junaid operates subsidiaries across multiple economic sectors, company; Type of entity: Limited Company including gold mining and trade, and covers a large part of Sudan’s gold industry. The Al Gunade Date of registration: 2009 company has mining concessions in Darfur, in particular in the vicinity of Jebel Amer (North Darfur) and in the Singo area (South Darfur), and it also operates beyond that region. The gold mines of Darfur are under the control of the RSF, including the Jebel Amer site since 2017. Gold mining and trade through Al Junaid generates a substantial source of revenue for the Dagalo family and the RSF, which enables them to finance and continue the conflict in Sudan. The RSF is also using Al Junaid’s gold production and exports to secure military support from the United Arab Emirates (UAE), to which most of Sudan’s gold production is smuggled, and from the Wagner Group, including the provision of weapons used by the RSF in the conflict in Sudan. Therefore, Al Junaid Multi Activities Co Ltd provides support for RSF actions that threaten the peace, stability and security of Sudan. EN OJ L, 22.1.2024ELI: http://data.europa.eu/eli/reg_impl/2024/384/oj 7/8 Name Identifying information Reasons Date of listing 5. Tradive General Trading Co Address: P.O. Box 86436, Dubai (UAE) Tradive General Trading Co (Tradive) is a company based in the UAE whose director 22.1.2024 and ultimate beneficial owner is RSF Major Algoney Hamdan Dagalo, the youngest Type of entity: Limited Company brother of Mohammed Hamdan Dagalo (Hemedti). Date of registration: 2018 Tradive is part of the RSF’s commercial network which generates stable revenue for the RSF enabling them to finance and continue the conflict in Sudan. It is used as an RSF front company, channelling substantial sums into and out of the RSF, and enabling the purchase of material to support RSF operations. For instance, Tradive has purchased vehicles for the RSF, including Toyota Hilux and Land Cruiser pick-up trucks, which are often converted into highly mobile “technicals”, which are armed desert vehicles. In the first half of 2019, more than one thousand such vehicles were imported into Sudan from the UAE. These converted vehicles have been used by the RSF for a long time and continue to be used by it in the conflict in Sudan, in particular to patrol the areas under RSF control. Therefore, Tradive General Trading Co provides support for RSF actions that threaten the peace, stability and security of Sudan. OJ L, 22.1.2024 EN8/8 ELI: http://data.europa.eu/eli/reg_impl/2024/384/oj Name Identifying information Reasons Date of listing 6. GSK ADVANCE COMPANY Address: Ahmed Khair Street, GSK is a Sudan-based information technology and security company, which is 60 % 22.1.2024’ LTD Khartoum 11111, Sudan owned by RSF Major Algoney Hamdan Dagalo, the youngest brother of Mohamed Hamdan Dagalo (Hemedti). Type of entity: Limited Company GSK is part of the RSF’s commercial network which generates stable revenue for the RSF enabling them to finance and continue the conflict in Sudan. It is used by the RSF as a front company, facilitating cash flows into the RSF and being involved in the RSF’s procurement processes. In addition, since at least 2019, GSK has been working with Aviatrade LLC, a Russia- based military supply company, on the purchase and supply of material and equipment for the benefit of the RSF, including the corresponding training, and on the purchase and supply of unmanned aerial vehicles, monitoring equipment and spare parts. Reconnaissance and weaponised drones are used by the RSF in the conflict in Sudan. Therefore, GSK Advance Company LTD provides support for RSF actions that threaten the peace, stability and security of Sudan. EN OJ L, 22.1.2024

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