Article 1 
For the purposes of this Regulation, the following definition shall apply: ‘technical assistance’ means any technical support related to repairs, development, manufacture, assembly, testing, maintenance, or any other technical service, and may take forms such as instruction, advice, training, transmission of working knowledge or skills or consulting services. Technical assistance includes verbal forms of assistance.
Article 2 
It shall be prohibited: (a) to grant, sell, supply or transfer technical assistance related to military activities and to the provision, manufacture, maintenance and use of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned, directly or indirectly to any person, entity or body in, or for use in Sudan; (b) to provide financing or financial assistance related to military activities, including in particular grants, loans and export credit insurance, for any sale, supply, transfer or export of arms and related materiel, or for any grant, sale, supply, or transfer of related technical assistance, directly or indirectly to any person, entity or body in, or for use in Sudan.
Amendment rationale: EXPLANATORY MEMORANDUM 1. Council Decision 2011/423/CFSP of 18 July 2011 concerning restrictive measures against Sudan and Souh Sudan repeals Common Position 2005/411/CFSP and amends the scope of restrictive measures to reflect the creation of the state of South Sudan following the independence referendum of January 2011. 2. Council Regulation (EC) No 131/2004 should therefore be amended accordingly.
Revised version (Article 2 ):
It shall be prohibited: (a) to provide technical assistance related to military activities and to the provision, manufacture, maintenance and use of arms and related material of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts therefor, directly or indirectly to any person, entity or body in, or for use in Sudan or South Sudan; (b) to provide financing or financial assistance related to military activities, including in particular grants, loans and export credit insurance, for any sale, supply, transfer or export of arms and related material, or for the provision of related technical assistance, directly or indirectly to any person, entity or body in, or for use in Sudan or South Sudan.
Article 3 
The participation, knowingly and intentionally, in activities the object or effect of which is, directly or indirectly, to promote the transactions referred to in Article 2 shall be prohibited.
Article 4 
1. By way of derogation from Articles 2 and 3, the competent authorities of Member States as listed in the Annex, may authorise the provision of financing and financial assistance and technical assistance related to: (a) non-lethal military equipment intended solely for humanitarian or protective use, or for institution-building programmes of the United Nations, the African Union, the European Union and the Community; (b) materiel intended for European Union, United Nations and African Union crisis management operations; (c) mine clearance equipment and materiel for use in mine clearance; (d) the implementation of the Comprehensive Peace Agreement signed by the Government of Sudan and the Sudan People’s Liberation Movement/Army in Nairobi, Kenya, on 9 January 2005. 2. No authorisations shall be granted for activities that have already taken place.
Amendment rationale: EXPLANATORY MEMORANDUM 1. Council Decision 2011/423/CFSP of 18 July 2011 concerning restrictive measures against Sudan and Souh Sudan repeals Common Position 2005/411/CFSP and amends the scope of restrictive measures to reflect the creation of the state of South Sudan following the independence referendum of January 2011. 2. Council Regulation (EC) No 131/2004 should therefore be amended accordingly.
Revised version (Article 4 ):
1. By way of derogation from Articles 2 and 3, the competent authorities of Member States as listed in the Annex, may authorise the provision of financing and financial assistance and technical assistance related to: (a) non-lethal military equipment intended solely for humanitarian or protective use, or for institution-building programmes of the United Nations, the African Union, the European Union and the Community; (b) materiel intended for European Union, United Nations and African Union crisis management operations; (c) mine clearance equipment and materiel for use in mine clearance; (d) the implementation of the Comprehensive Peace Agreement signed by the Government of Sudan and the Sudan People’s Liberation Movement/Army in Nairobi, Kenya, on 9 January 2005; (e) support for the process of Security Sector Reform in South Sudan. 2. No authorisations shall be granted for activities that have already taken place.
Article 5 
Articles 2 and 3 shall not apply to protective clothing, including flak jackets and military helmets, temporarily exported to Sudan by United Nations personnel, personnel of the EU, the Community or its Member States, representatives of the media and humanitarian and development workers and associated personnel for their personal use only.
Amendment rationale: EXPLANATORY MEMORANDUM 1. Council Decision 2011/423/CFSP of 18 July 2011 concerning restrictive measures against Sudan and Souh Sudan repeals Common Position 2005/411/CFSP and amends the scope of restrictive measures to reflect the creation of the state of South Sudan following the independence referendum of January 2011. 2. Council Regulation (EC) No 131/2004 should therefore be amended accordingly.
Revised version (Article 5 ):
Articles 2 and 3 shall not apply to protective clothing, including flak jackets and military helmets, temporarily exported to Sudan or South Sudan by United Nations personnel, personnel of the Union or its Member States, representatives of the media and humanitarian and development workers and associated personnel for their personal use only.
Article 6 
The Commission and Member States shall immediately inform each other of the measures taken under this Regulation and shall supply each other with any other relevant information at their disposal in connection with this Regulation, in particular information in respect of violation and enforcement problems and judgements handed down by national courts.
Article 7 
The Commission shall be empowered to amend the Annex on the basis of information supplied by Member States.
Article 8 
The Member States shall lay down the rules on sanctions applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The sanctions provided for must be effective, proportionate and dissuasive. The Member States shall notify these rules to the Commission without delay after the entry into force of this Regulation and shall notify it of any subsequent amendment.
Article 9 
This Regulation shall apply: (a) within the territory of the Community, including its airspace; (b) on board any aircraft or any vessel under the jurisdiction of a Member State; (c) to any person elsewhere who is a national of a Member State; (d) to any legal person, group or entity which is incorporated or constituted under the law of a Member State; (e) to any legal person, group or entity doing business within the Community.
Article 10 
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union . This Regulation shall be binding in its entirety and directly applicable in all Member States.