I. Relevant Security Council resolution
The exemptions from the arms embargo are provided for by the following:
- Security Council Resolution 2428 (2018) : paragraph 5
II. Who is entitled to submit the arms embargo exemption requests or notifications?
Only Member States (usually through their Permanent or Observer Mission to the United Nations), or the international, regional or subregional organization or agency supplying the equipment.
III. What type of arms embargo exemptions are currently in force?
There are three types of exemptions to the arms embargo:
- for the Committee’s consideration
- for the Committee’s information
- standing exemptions
1. Arms embargo exemptions for the Committee’s consideration
Pursuant to paragraphs 5(f) and 5(g) of resolution 2428 (2018), the following supplies are to be submitted for the Committee’s consideration in advance:
- Arms and related materiel, as well as technical training and assistance, solely in support of the implementation of the terms of the peace agreement;
- Other sales or supply of arms and related materiel, or provision of assistance or personnel.
2. Arms embargo exemptions for the Committee’s information
Pursuant to paragraphs 5(b), 5(d) and 5(e) of resolution 2428 (2018), the following supplies are to be submitted for the Committee’s information in advance:
- Non-lethal military equipment intended solely for humanitarian or protective use, and related technical assistance or training;
- Arms and related materiel temporarily exported to South Sudan by the forces of a State which is taking action, in accordance with international law, solely and directly to facilitate the protection or evacuation of its nationals and those for whom it has consular responsibility in South Sudan;
- Arms and related materiel, as well as technical training and assistance, to or in support of the African Union Regional Task Force intended solely for regional operations to counter the Lord’s Resistance Army.
3. Standing Arms Embargo exemptions
Pursuant to paragraphs 5(a) and 5(c) of resolution 2428 (2018), the following materials and recipients are exempt from the arms embargo. As such, no request or notification needs to be submitted to the Committee for its consideration or information.
- Arms and related materiel, as well as training and assistance, intended solely for support of or use by UN personnel, including the United Nations Mission in the Republic of South Sudan (UNMISS) and the United Nations Interim Security Force for Abyei (UNISFA);
- Protective clothing, including flak jackets and military helmets, temporarily exported to South Sudan by UN personnel, representatives of the media and humanitarian and development workers and associated personnel, for their personal use only.
IV. What should be included in the request/notification for exemption from the arms embargo?
Pursuant to paragraph 6 of resolution 2428 (2018), each notification / request for exemption should include the following information:
- The purpose of the use;
- The end user;
- The technical specifications and quantity of the equipment to be shipped;
- When applicable, the supplier, the proposed date of delivery, mode of transportation and itinerary of shipments.
V. How to make a request/notification for exemption from the arms embargo?
Please address requests/notifications in connection with arms embargo exemptions to:
- The Chair of the Committee, His Excellency Mr. Michel Xavier Biang (Gabon), through the Permanent Mission of Gabon to the United Nations
With copy to:
- The Secretary of the Committee, Mr. David Biggs, Email address: SC-2206-Committee@un.org
VI. Decision Making of the Committee
The Chair will inform in writing the Member States (usually through their Permanent Missions to the United Nations), international, regional or subregional organizations of the decision of the Committee regarding its consideration of exemption requests.