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30°c Marsa Bashayer Terminal, SD

Restrictions & Sanctions

Philippine immigration restrictions

According to the Philippine Ship Agents’ Association (PSAA) the current situation may be outlined as follows, following a meeting between the PSAA and the Bureau of Immigration:

  1. Visaed crew list requirement remain in force in line with security concerns of the recent crisis in Marawi
  2. List of restricted 13 nationals was provided per DFA Foreign Service Circular 22-10:

    • Afghanistan 
    • Algeria
    • Egypt
    • Iran
    • Iraq
    • Jordan
    • Lebanon
    • Libya
    • Pakistan
    • Palestine
    • Sudan
    • Syria
    • Yemen
    • Stateless persons
  3. It was clarified that denying entry into the country is not only confined to the island of Mindanao which is under Martial Law, per Immigration AO JHM2017 006, above nationals will also be restricted to:

    • Areas of conflict - this is where Mindanao is currently classified under being under martial law
    • Areas of international assembly - example: ASEAN, these nationals are denied entry into Manila during the ASEAN
    • Places where the President and or other key officials of government are present - example: during visit of the President and PM Abe of Japan, entry into Davao was not allowed
    • Other areas that may be identified by the commissioner or his authorized representative

    It was explained further that the AO has no time frame. Restriction will apply anytime when any of the 4 conditions is present. For the Mindanao Martial Law, this is envisaged to end on 31 December 2017. 

  4. Two points were then raised, what will be the procedure if a vessel is:

    • Ships coming from outside Philippine territory and is already steaming to Mindanao
    • Already at a port in Luzon or Visayas then bound for Mindanao.

    No definite procedure was given, however it can be that either vessel is requested to drift outside or if allowed, to anchor while waiting for the immigration approval. 

  5. If a vessel has restricted nationals on board, the initial inclination per policy is to deny entry. But in consideration of not inhibiting trade immigration may consider entry, but, the agent must:

    • make an appeal to the immigration office and explain the legitimate purpose of the vessel's call. One suggestion from the authorities is to request owners to prove that the nationals in question do not have any record. It was suggested that documents from other foreign parties may help, such as a letter from the embassy/embassies of the particular individuals certifying their identity etc.
  6. The bureau has no set implementing guidelines yet on how they will manage a vessel with restricted crew that is granted entry. It is possible that they may put additional guards and or refuse issuance of shore passes.
  7. Having a visaed crewlist or visa does not guarantee entry. According to the Bureau, the DFA can issue a visa, but the final approval for entry will still be up to the immigration's enforcement of policy. For example: The applicant may obtain visa but if the person arrives at the airport or seaport and displays a behavior that shows reasonable cause to deny entry, it will be immigration's decision to deny entry/deportation. 

 

European Union Regulations on Sudan

Council Decision 94/165/CFSP of 15 March 1994 introduced an embargo on arms, munitions and military equipment on Sudan.

The EU embargo was amended in 2004 [Council Common Position 2004/31/CFSP of 9 January 2004, Council Regulation (EC) No. 131/2004 of 26 January 2004 and Council Common Position 2044/510/CFSP of 10 June 2004] to include technical and financial assistance related to arms supplies and certain exemptions with respect to UN, EU and African Union operations in Sudan.

The arms embargo was again modified by Council Common Position 2005/411/CFSP of 30 May 2005 in order to integrate measures imposed under United Nations Security Council Resolution 1591/2005.

As a result of South Sudan becoming independent the EU (under Council Decision 2011/423/CFSP of 18 July 2011 and Council Regulation (EU) No. 1215/2011 of 24 November 2011) amended the arms embargo to cover both Sudan and South Sudan.

United Nations Security Council Resolutions on Sudan

United Nations sanctions include: 

  • Arms embargo
  • Asset freeze
  • Travel ban

Arms embargo

UNSC Resolution 1556 (2004) dated 30 July 2004 stated that all states shall take the necessary measures to prevent the sale or supply, to all non-governmental entities and individuals, including the Janjaweed, operating in the states of North Darfur, South Darfur and West Darfur, by their nationals or from their territories or using their flag vessels or aircraft, of  arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned, whether or not originating in their territories.
 
However, the measures imposed shall not apply to: (i) supplies and related technical training and assistance to monitoring, verification or peace support operations, including such operations led by regional organizations, that are authorized by the United Nations or are operating with the consent of the relevant parties; (ii) supplies of non-lethal military equipment intended solely for humanitarian, human rights monitoring or protective use, and related technical training and assistance; and (iii) supplies of protective clothing, including flak jackets and military helmets, for the personal use of United Nations personnel, human rights monitors, representatives of the media and humanitarian and development workers and associated personnel.

UNSC Resolution 1591 (2005) dated 29 March 2005 expanded the measures to also apply to all the parties to the N’djamena Ceasefire Agreement and any other belligerents in the states of North Darfur, South Darfur and West Darfur. 

UNSC Resolution 1945 (2010) dated 14 October 2010 further strengthened the arms embargo. Stating that "all States shall ensure that any sale or supply of arms and related materiel to Sudan not prohibited by 1556 (2004) and 1591 (2005), are made conditional upon the necessary end user documentation so that States may ascertain that any such sale or supply is conducted consistent with the measures imposed by those resolutions".

UNSC Resolution 2035 (2012) dated 17 February 2012 stated that exemptions set forth in Resolution 1591 (2005) para. 7 and further clarified in Resolution 1945 (2010) para.8(b) of shall no longer apply.  (para. 4).

Asset freeze

UNSC Resolution 1591 (2005) dated 29 March 2005 established an asset freeze, freezing of funds, other financial assets and economic resources, of designated individuals and entities (para. 3c) with certain exemptions (para. 3g).

Travel ban

UNSC Resolution 1591 (2005) dated 29 March 2005 established a consolidated travel ban on designated individuals and entities (para. 3c) with certain exemptions (para. 3f).

Trading restrictions (Sudan)

Trading restrictions imposed against Sudan

Trading restrictions imposed by Sudan

  • Arab League Boycott of Israel: Sudan's Position
    According to information received from local contacts, Sudan fully adheres to the Arab League's boycott of Israel (i.e. primary, secondary and tertiary boycotts).

Restrictions & sanctions (Sudan)