Archive for: September 2017

Amnesty exposes Kiir’s illicit US$46m South Sudan arms deal brokered under UK government’s nose

Amnesty International, 26/SEPT/2017, SSN;

Research released by Amnesty International today reveals how a shell company in the heart of London’s West End acted as an intermediary in huge prospective arms deals to war-torn South Sudan and other countries, thanks to regulatory gaps which are making the UK a hotspot for companies involved in illicit arms transfers.

Commercial documents name S-Profit Ltd, a tiny UK-registered company, as the ‘supplier’ in a 2014 deal to provide at least US$46m worth of small arms, light weapons and ammunition to the South Sudanese government.

The report, From London to Juba: a UK-registered company’s role in one of the largest arms deals to South Sudan, also reveals that the UK government has been aware of similar practices taking place on British soil for more than eight years, without taking effective regulatory action.

“South Sudan is awash with weapons that have been used to kill and maim thousands of civilians, causing Africa’s biggest refugee crisis. The UK government has been a vocal proponent of a UN arms embargo on South Sudan, yet is turning a blind eye to illegal deals taking place right under its nose,” said James Lynch, Amnesty International’s Head of Arms Control and Human Rights.

“Glaring gaps in UK company regulation mean a dealer of illicit arms can go online and set up a UK company to front its activities with fewer checks than joining a gym or hiring a car. The UK must urgently review its company registration procedures – right now it provides the perfect conditions to become a hotspot for the kind of irresponsible arms transfers that have devastated South Sudan.”

The weapons in question form part of a previously undisclosed 2014 contract between a Ukrainian state arms company and a UAE-based company to procure US$169m of weapons on behalf of South Sudan. These include thousands of machine guns, mortars, RPGs and millions of rounds of ammunition.

If fulfilled, the total deal would constitute one of the largest publicly disclosed arms transfers to South Sudan since the outbreak of fighting in December 2013.

Amnesty International has not been able to determine whether some or all of the weapons listed in these documents have yet been delivered to South Sudan. However, a UK company may violate UK export control laws even by being involved in the negotiation of an arms deal to South Sudan.

The involvement of the Ukrainian state-owned arms company and a UAE private company in weapons supplies to South Sudan also potentially contravenes the Ukraine and UAE’s obligations as signatories to the Arms Trade Treaty.

S-Profit’s director –a Ukrainian national based outside the UK – denied to Amnesty International that the firm had supplied military products to South Sudan, but has not responded to further questions, including whether it played an intermediary role.

As well as the South Sudan deal, documents seen by Amnesty International show a sequence of commercial offers and contract negotiations involving S-Profit Ltd – some unfinished — for the prospective supply of armoured vehicles, weapons and aircraft to Egypt, Senegal, Mali, Rwanda, Ukraine and Peru, as well as to private companies in Serbia, Ukraine, Poland and Australia.

Amnesty International has been unable to identify UK trade control licences for any of these negotiations or deals.

Turning a blind eye

Amnesty International has provided UK authorities with the documents and information it has obtained. The report also reveals that the UK government has, for more than eight years, been aware of UK shell companies being used unlawfully as contract vehicles for weapons dealers to supply arms to human rights violators and embargoed destinations including Syria, Eritrea and South Sudan. The UK has made no regulatory changes to address these gaps.

The UK government has also failed to take any meaningful enforcement action against the companies involved, despite powers under UK company and insolvency law designed to allow the government to wind up companies acting unlawfully or fraudulently.

A regulatory vacuum

S-Profit Ltd is emblematic of how companies that wish to operate in the shadows can benefit from regulatory gaps at Companies House, the government body responsible for registering companies. Anyone in the world can set up a UK company online without needing to provide any identity documents.

The day after its registration, the shareholding of S-Profit Ltd was transferred to a Ukrainian national who lists a non-existent UK office address and a commercial ‘virtual telephone switchboard’ service for official communications.

This should be a wake-up call for the UK government to hold UK-registered companies accountable.

“S-Profit Ltd’s company filings give no indication of its involvement in the arms trade – but then UK law does not require them to. This kind of weak regulation is seriously undermining the other robust domestic, EU and international controls which should make any UK involvement in arms transfers to a war zone like South Sudan unimaginable,” said James Lynch.

“This should be a wake-up call for the UK government to hold UK-registered companies accountable. Simple measures like checking the veracity of names and addresses and setting up a register of arms brokers would make it much harder for foreign arms dealers contributing to serious human rights abuses to set up shop in the UK.

“If they have not already reached South Sudan, these deliveries must be halted. In the meantime we continue to call for a comprehensive UN arms embargo on South Sudan that includes any brokering, financial or logistical activities that would facilitate these kinds of transfers. Without an embargo, weapons will continue to flow into South Sudan, and the consequences for civilians will continue to be catastrophic.”

Background

S-Profit is one of three companies named in the documents, alongside the UAE-based International Golden Group and the Ukrainian state-owned arms exporter, Ukrinmash.

Amnesty International has repeatedly documented the devastating abuses against civilians in South Sudan since the 2013 civil war began, most recently in the report, “Do not remain silent”: Survivors of Sexual violence in South Sudan call for justice and reparations.

S-Profit is one of three companies named in the documents, alongside the UAE-based International Golden Group and the Ukrainian state-owned arms exporter, Ukrinmash.

In response to the report, Ukrinmash published online a letter it claims to have sent to Amnesty International which, along with statements made by a Ukrinmash spokesperson, confirm that it signed a contract for the proposed transfer of US$169 million worth of small arms and light weapons to South Sudan. However it states that the contract was not executed and that “no flows of goods and services were performed”. Amnesty International has no record of receiving this letter.

Amnesty International’s report is very clear that it was not possible to establish from the available documents whether these arms had been delivered to South Sudan. However the letter’s contents fully support Amnesty International’s findings that negotiations took place, contracts were drawn up and signed, and End User Certificates were obtained from the South Sudanese Ministry of Defence.

Amnesty International has repeatedly documented the devastating abuses against civilians in South Sudan since the 2013 civil war began, most recently in the report, “Do not remain silent”: Survivors of Sexual violence in South Sudan call for justice and reparations.

Amnesty International is calling on Ukraine to cease supplying arms to South Sudan and uphold the object and purpose of the Arms Trade Treaty which includes reducing human suffering and establishing the highest possible common international standards for regulating the international trade in conventional arms. END

To US Pres. Trump: Declare Pres. Kiir an illegitimate president

SEP/23/2017;

Dear President Trump:
We, the South Sudanese civil societies in diaspora, express our deep concern for the ongoing crisis in South Sudan and the continuing intentional displacement and bombardment of the civilian population that has caused severe famine and displacement of citizens in all regions of South Sudan: Pagak, Maiwut, Wau chollo, Malakal, Jonglei Equatoria Bentiu and West Bhar Elgazel.

For that reason, SSIAHR, and ASSDA recommend that all leaders of the South Sudanese government be sanctioned, restricted in their moment and that their assets be frozen.

We recommend the sanctions in order to provide relief to the suffering people of South Sudan.

Four year have passed since the conflict started in Juba, South Sudan.

It is certain that the IGAD-led peace negotiations have not made any progress in bringing the war to an end.

Tens of thousands of innocent South Sudanese have been killed and over four million are displaced, with more than 100,000 IPDs living in dire conditions in UNMISS camps in Juba and around the country.

President Salva Kiir, who has committed atrocious crimes against humanity, continues to defy the international community since the beginning of the civil war in South Sudan by attacking UN Camps in Jonglei on April 17, 2014 and Malakal on Feb 18, 2016 and by continuing to displace millions of civilians around the country and by destroying the August 17, 2015 peace agreement this July 8, 2016, and by the recent bombardments in Wau Chollo using Egyptian Antonov.

Salva Kiir’s actions will cause South Sudan to continue to spiral into devastating war with an unprecedented loss of lives.

There is little doubt that this war will continue to intensify if the United States government does not take a decisive leadership role to end the war in South Sudan.

Some IGAD members, such as Uganda, Kenya and now the Egyptian bombardment are directly involved in the war in various capacities which makes it impossible for them to end the conflict in an effective way.

Meanwhile, the war in South Sudan has the potential to destabilize the entire East African region, which could present a potential security threat to the rest of the world.

The South Sudanese activists and faith-based communities will rally on September 23 & 25, 2017 at the U.N Headquarter New York.

We are appealing to U.N Secretary General the United Nations Security Council, U.S President Donald trump and US Congress to take the leading role in sanctioning the South Sudanese government by:
** freezing all of its assets and to refer President Salva Kiir to the International Criminal Court for the genocide of ethnic Nuer civilians on December 15, 2013;
** the bombardments of Wau Chollo;
** the massacre of Nuer civilians at the UN camps in the state of Jonglei on April 17, 2014;
** the attacks on Shilluk and Nuer civilians in the UN camps in Malakal, and the continued killing; the continuing massacre of the West Bhar Gazal people in Wau which began on June 24, 2016;
** the targeting killing of Equatorians people;
** the daily rape and displacement of Nuer civilians in Bentiu;
** the unknown gunman who terrorized citizens in Juba including activists, foreigners and journalists Christopher Allen.

We, therefore, recommend that the U.S. make the following resolution:
• Declare Salva Kiir an illegitimate president who must step down to allow peace in the nation and for his role in the genocide of ethnic Nuer civilians in Juba, Malakal Shilluk, Wau fertit, and Parjok Acholi, now Pagak Maiwut and in other states as was former President of Ukraine Viktor Fedorovych Yanukovych for the killing of 200 citizens of his country.
• Ensure justice and accountability for the gross violations of human rights committed by Salva Kiir’s regime in order to end the culture of impunity in South Sudan.
• Impose targeted sanctions on the government of South Sudan—including freezing all assets, as well as an oil and arms embargo.
• Assist the international community in providing humanitarian assistance (healthcare, education, food and shelter) to the war affected areas in South Sudan.
• Assist UNMISS to increase protection and exclude Kenya, Uganda and Egypt from UN protection because of their participation in the war and allowed the government to kill and rape women and kidnap South Sudanese citizens that are under their protection.
• We strongly recommend use of force on South Sudan Government to achieve peace and stop displacement of thousands people to neighboring countries

Sincerely,–
***Alliance for South Sudan in diaspora – Dr. George Phillip Imuro. imurot@yahoo.com

***Human Rights activists Simon Deng –sdengkak@yahoo.com

***Chollo Community USA- William Atillio Ator

***Equatoria Community USA-Lojing Rugang

***Nuer Community USA -Michael Gai chokchok

***Nuer American Christian Network USA- Rev James Dak Rut

***Nile Peace development Relief Agency USA- Dr Gatluak Deith

***Western bhar el Ghazel Community USA-Rabeh Dimbiti

***South Sudan International Advocacy for Human rights-Peter Gatkuoth W kuel- peterkuel@yahoo.com

U.N Headquarters New York,
South Sudan International Advocacy for Human Rights
P.BOX.634 Kent, WA 98035

U.N Secretary General
U.N Security Council
United States President Donald Trump and US congress

Crises and deaths of citizens as politicians get rich on South Sudan natural resources

BY: Daniel Juol Nhomngek (Lawyer), Kampala, Uganda, SEPT/22/2017, SSN;

Since the vote for independence and ultimate secession from Sudan in July 2011, the Republic of South Sudan, a nation graciously gifted with an abundance of natural resources, like oil, water, gold…etc, has witnessed plenty of huge sufferings caused by the war.

The war is caused by struggle over resources. This is because the higher one is in power the closer he is to resources and control over these resources. Looking at the power and resources as the ultimate goal for leadership in South Sudan makes the conflict the most important conduct of the leaders and their supporters.

Apart from oil, other natural resources available in abundance are: Gold, diamonds, chromium, uranium, copper, lead, zinc, nickel, marble, and other various rare earth metals, which were discovered but quantified yet. Moreover, various rare earth metals that were discovered are not yet quantified to determine their values. However, prospects for diamonds, gold, chromite, copper, uranium, manganese and iron ore are optimistic. These minerals plus other natural resources make South Sudan and her citizens potentially rich.

For that reason, the conflict in South Sudan is not likely to end easily since those who need power will never give or compromise to let power go. This messy situation of South Sudan puts South Sudanese ordinary citizens at a tight corner.

In fact, the conflict is further being aggravated by the fact that some leaders in South Sudan have found it to be more beneficial than attaining peace. The clear evidence for the war being turned into lucrative business by our leaders is that the oil is now being controlled by some individuals in the heart of the government for their own benefits.

As the Sentry Report and other commentators on oil, war and business in South Sudan have been pointing it out, oil is now being supplied or hoarded by some of the top authorities in the country for their own benefits while sustaining the war at the expense of the ordinary citizens.

In the same way, rebels are not free either. For example, one the reasons which I believe to have contributed to the indefinite detention of Riek Machar in South Africa is due to the discovery that he went into oil Agreement with Ukraine and Russian businessmen.

This discovery was made after the July 2016 conflict when he ran and left some documents somewhere.

As a matter of fact, oil and conflict in South Sudan like in other countries have become synonymous. This shows that in South Sudan, there is likelihood that the war will not end unless the illegal business in gold and oil is ended or unless the politicians realize earlier enough that there is a need for compromise and also learn how to control their conflicts of interest that make them conduct illegal businesses in oil and gold while holding public offices.

The situation of conflict in South Sudan is further complicated by the fact that the illegal mining of gold in Eastern Equatoria has provided for the incentive to war among our top leaders.

Government officials are illegally mining gold in Kapoeta and other areas where gold is found in South Sudan. For instance, there is a clear evidence to show that some ministers in the government have big mining companies involved in gold mining in South Sudan.

The said companies are headed by foreign individuals but behind the curtain are big men and women of South Sudan.

Moreover, our citizens who are not well informed or due to poverty are selling hundreds of kilograms of gold to foreign business men and women in the same areas for just one bag of maize flour.

Hence, selling million of dollars with one hundred thousand Uganda shillings bag of maize flour while our authorities do not care for the misuse of this fundamental natural resource. This is because as long as they are also benefiting from this black business then everything is left To Whom It May Concern.

The whole scenario prevailing in South Sudan in regard to business in oil and gold can be properly described thus: the authorities have ganged up with foreigners to rob South Sudan and her people with precious resources.

Unless South Sudanese pay attention to this illegal business and if possible raise an alarm against this serious illegal action by the authorities, the war in South Sudan may continue deep into the future.

The fact is that natural resources if mismanaged as seen in many countries. Democratic Republic of Conflict (DRC) is a clear example, they are always a source of violent conflicts, deaths of the citizens in large numbers and enrichment of politicians amidst crisis.

In summary, as intimated above, politicians and foreigners in South Sudan are maintaining the war as a means of accessing resources to enrich themselves by selling oil and gold illegally which the war provides space to do so freely.

In short, some of the government officials in South Sudan are exploiting natural resources for their own benefits. Oil and gold mining companies are being controlled in the heart of the government for the exclusive benefits of the government officials. This provides incentive for war and maintenance of war in South Sudan.

The Author is a lawyer by profession; he graduated with honors in law from Makerere University, School of Law. He participated in various workshops and training in community mobilization in awareness of their constitutional rights in Uganda. He is the member of Public Interest Law Clinic (PILAC) and NETPIL (Network of Public Interest Lawyers) at Makerere University; he is currently doing research with NETPIL on private prosecution; he is trained in Alternative Dispute Resolution (ADR); he participated in writing Street Law Handbook on Economic, Social and Cultural Rights in Uganda. He is practicing with Onyango and Company Advocates Bunga—Ggaba, Road Kampala He is currently staying in Kampala Uganda where he is undertaking bar course training. He can be reached through juoldaniel@yahoo.com or +256784806333.
——————–

The South Sudan War and Why Vice-president Taban Deng Gai Should be Arrested Upon Arrival in New York

BY: Abu Deng, SEPT/20/2017, SSN;

The reason for no Peace in South Sudan, millions displaced/starving – And why Taban Deng Gai should be arrested upon his Arrival in New York.

While millions of South Sudanese starve, the Juba elite and their regional and global friends (Enablers) are making millions – such as the so-called humanitarian Republic of Uganda who shelters one million South Sudanese refugees (though it has provided significant military support, troops, equipment to the war) while it exports gold worth $200 million and now has built a gold refinery.

Where is this Gold coming from, their neighbor South Sudan, where several nations involved in bringing peace there, such as USA (pre-Trump, the Kerry Era) Uganda, China and South Africa have firms mining Gold, Diamonds, Uranium, Silver, precious gems, Cobalt, Aluminum, Iron, Nickel and Zinc (The imposed General Taban Deng Gai was the Minister of Mining for those recent contracts.

Uganda opened its first national gold refinery in Entebbe during February 2017 to process raw gold from South Sudan and the DRC (processing over 1.5 tons monthly) – though it has no commercial mines. Its gold exports went from 0 to $200 million in 2016, thanks to South Sudan and its conflict.

At the center of this war-for-profit effort are key co-plotters General Taban Deng Gai and Ezekiel Lol Gatkuoth, former senior cadre of the SPLM-IO of the Dr. Riek Machar who decided to eliminate him and take over control of the opposition party. General Taban Gai was made Minister of Mining and Ezekiel Lol Gatkuoth was made Chief of Staff of Dr. Machar’s office (these assignments both men disliked greatly).

Once Dr. Machar was run out of the country in July 2016, these two: Gai/Lol, engineered a violent takeover of the SPLM-IO party in cooperation with President Salva Kiir that consisted of monetary/position inducements (presidential appointments); threats or blackmail via rape/non-consensual sex filmed for political leverage against key Opposition leaders.

Question: How Rampant is General Taban Deng Gai’s penchant for using rape of Men and Women as a Weapon of War and for Political Maneuvering/Opposition suppression?

With full control of key Opposition leaders and cooperation with the Kiir regime, General Taban Gai helped formed so-called transitional government of national – albeit its focus was not development and stablising the economy, which has steadily been declining since the government’s formation, including exorbitant currency rates, dollar shortages, high prices as well as lack of healthcare, education, security and basic food items.

Mr. Invisible: General Taban Deng Gai –
My sources tell me General Taban Deng Gai initiated a legal case in Dubai, UAE. He sued the sons of a deceased business partner to retrieve tens of millions of dollars (the court ruling issued this year is unknown, but I have been told it did not go in his favor) – though I normally do not like to speculate as a rule, the original source of this information is Ezekiel Lol Gatkuoth in this case, Taban Gai’s trusted number two. So where did these millions come from originally?

Given the openness of Dubai, I am sure naysayers can investigate this quite easily – but my point is that Mr Taban Deng Gai has been one of those “invisible” people silently getting rich off of the nation’s woes and these wars, while the majority of citizens suffer. One area I would like investigators to review is whether Mr. Gai while a Governor embezzled some of the oil money designated to Unity State, which receives 2 percent of oil revenue, over $10 million monthly as one of the oil-producing states.

Now he has hornswoggled the VP position, which can reap him power, money and maybe the acutely desired respect he has long sought given he has been disliked in his home state and the capital Juba for a long time, which is why he uses money to “make friends” and buy influence. Given the recent US Treasury announcement, targeting those involved in obstructing Peace or benefiting from this war . . . meaning, Taban Deng Gai and Ezekial Lol Gatkuoth . . . They should be prime suspects/candidates for sanctions as well as listed as war criminals for their central role in atrocities post-July 2016 in South Sudan.

Biography of General Taban Deng Gai
Who is Taban Deng Gai? He was born to a mother from Unity State and a father from northern Sudan — the Shaigiya tribe. Mr. Taban Deng Gai is married with children. He is an astute politician and soldier; he was a key aide of Dr. John Garang and later Dr. Riek Machar. He is well-known to be an ruthlessly ambitious man who hates to lose and is capable of doing anything to win.
_ _ _`

A poignant example is the historic 2010 election in which Ms. Teny lost, two civilians were killed, he kidnapped and held as hostages the country Vice President Dr. Riek Machar and the gubernatorial candidate who had won the race according to international observers (that winner was Madame Angela Jany Teny — Dr. Machar’s wife). Ms. Teny had her car shot at during the campaign and their house was surrounded by tanks and soldiers courtesy of General Gai and President Kiir. The Vice President and Ms. Teny escaped and that same day General Taban Gai was declared Governor of Unity state though votes in his favour were minimal (Mr. Gai himself has acknowledged he lost 7 of 9 counties then).

The most damning evidence should come from the recent Opposition party mutiny and near assassination of President Salva Kiir and First Vice President Dr. Riek Machar at J1 (the Presidential Palace) on 8 July 2016. The ensuing war saw First Vice President Machar and Madame Teny “escape again”, by foot to the Democratic Republic of Congo. And the razing of the SPLM-IO Opposition area called Site I (the VP’s residence) as well as hunting down their officials and advisors (local and foreign).

Post-analysis and reports of the J1 incident show key plotters of J1 were former Chief of Staff Paul Malong; General Taban Gai; Akol Koor Kuc (head of National Intelligence) and Ezekiel Lol Gatkuoth.

The goal is said to have been to install General Paul Malong as President and Taban Gai as First Vice President; and Ezekiel Lol Gatkuoth as the Petroleum Minister with the “former” leaders Kiir/Machar expected to be killed in the crossfire — which did not happen, complicating the ascension plan of General Taban, who was not particularly trusted by General Paul Malong since he betrayed his long-time leader and friend, Dr. Riek Machar.

Mr. Gai’s ambition and ruthlessness are legendary so not many trust him, for he uses people until he has no need. Many SPLM-IOs of Dr. Machar, post July 2016, have reported they were given a simple choice: serve me (meaning, Taban Gai) or die!

Investigations Needed into General Taban Deng Gai’s Finances
Given recent revelations of Mr. Gai’s loss of millions of dollars in Dubai, and observing the mining ministry’s activities since General Gai’s arrival there in May 2016, a serious review is needed of financial transactions of South Sudan which will likely reveal corruption/connections to General Taban Deng Gai.

A key firm to review is Sabina Ltd based in Unity State, which is partially owned by General Taban Gai and said to be his conduit for siphoning state funds out of the area. This company has been involved in many contracts in construction, roads, electricity, etc. and was the only private contractor approved by the state for several years during the reign of General Taban Deng Gai as governor.

Here are some companies and countries doing mining in South Sudan:

1. Zhonghao Exploration & Mining Company – China
2.
3. Epic Exploration Pty Ltd, West Perth – Australia
4. Equation Mining Inc., Alaska, | Blackstone for Mining Co. Ltd, Idaho – USA
5. SASS Minerals and Petroleum Pty – South Africa
6. LuckyFriends Trading and Construction Co. Ltd (Company number: 102163) – Uganda

The above list points to alternative reasons why several of these countries are/have supported the corrupt and abusive regime of President Salva Kiir: MONEY, GOLD, DIAMONDS, etc. Personal gain perhaps among officials in some of these countries: US, Uganda, South Africa?

But the violent nature of this regime should itself repel US and Europe greatly, particularly since the rape rampage in July 2016 at Terrain Hotel attributable to General Taban Gai’s violent takeover plan. Listening to the below BBC interviews of several rape victims, one sees Juba’s violent State policy against American and European persons and interests as well against it citizens. If you can stomach horrible truths, listen to these heart-wrenching stories:

Massive level of Sexual Assaults in Juba

The one area where it is clear that the government leadership under President Kiir and General Taban Deng Gai is failing miserably is security, intentionally so it seems for their weak responses/irresponsible utterances are tantamount to condoning serious human rights abuse — on a monumental scale — and giving rise to the rampant use of Sexual Violence as a Weapon of War.

Within the capital city of Juba where the government has firm control, its security forces, primarily police and soldiers, have been identified by victims as the main perpetrators of horrendous sexual assaults, gang rapes — all occurring on a massive scale against IDP women according to the UN. See the June 2016 HCT South Sudan report by UNHCR where the survey of the UN Protection of Civilians camps in Juba shows — three out of every four women have been raped. See below, from page 60:

As well, General Taban Gai’s thirst for power and money is threatening regional and even global security, actually destabilising it, for countries like Egypt and North Korea have military cooperation agreements with the Juba regime. See,

North Korea’s Kim Jong signed a deal a military cooperation with South Sudan – link

The question is why the former US administration of President Obama would support a government which the United Nations and its panel of experts have considered one of the gravest abusers of human rights in modern times.

Finally, I have tried to shine a light on a globally invisible, yet influential long-time political figure of South Sudan who I hope the West will not take serious (and avoid association with him) for the monumental blood on his hands is that of a war criminal.

Abu Deng, ig

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Wau State Governor-in-Opposition calls for resistance against Kiir’s terror

My dear Great people of Western Bahar Ghazal, allow me, please, to wish you all my heartfelt revolutionary greetings.

On many several occasions in the history of the Western Bahar Ghazal region, the existence of our people was threatened by the enemy of peace. As an example, in 1986, while the former Western Bahar Ghazal State WBGS Governor, Dr. Lawrence Wol Wol, was in power, the so-called Dinka Community had planned what could be termed as Dinka Dominance Policies in the area.

It was intended for dominating the public positions and the resources of the state, in which Dinka militia killed, looted and burnt houses, including the attack on Taban village in March 17, 1986, where the Dinka militia killed five persons, looted properties, and burnt 15 houses.

Today, the Jieng Council of Elders (JCE) emerged as a new driver to the Dinka domination policy, funded by president Salva Kiir Mayardit, and enforced by some traitors, for example Brigadier Rizik Zachariah Hassan, the former WBGS governor.

During his term, governor Rizik tried to silence the voices of the Western Bahar Ghazal people by shooting to death on the peaceful protesters on December 8, 2012 and December 9, 2012.

Fortunately, the people of Western Bahar Ghazal protect themselves always and come together if subjected to any type of threats.

While it is still unclear which way the new government in Wau will rule, one thing is clear, that Salva Kiir’s aggressive standing in the Western Bahar El Ghazal region has terrorized innocent civilians.

Today the unity among the people of Western Bahar Ghazal has become solid, and they are more organized politically and militarily, hence capable of defending themselves professionally as never before.

We, the government of Wau Federal State in Opposition, would like to assure our citizens that this time around we will retaliate, if our people’s dear lives are put under threat, their safety is in jeopardy or their security is undermined.

We call upon our people, to be proactive and raise up their voices.

We call upon our intellectuals to enlighten our civilians concerning the potential threats coming from the new administration in Wau.

Moreover, we call upon our people to support our freedom fighters, to enable them prepare more professionally to protect and defend our innocent civilians back home.

May God protect and bless you all.

Hon. Dominic Ukelo
Governor of Wau Federal State in Opposition
September 20, 2017

Can Nuer-Dinka Wunlik Approach help in solving the endemic tribal conflict between Apuk and Aguok?

“When Truth is Denied, Peace Will Not Come.”

BY DANIEL JUOL NHOMNGEK, KAMPALA, UGANDA, SEP/18/2017, SSN;

The conflict between Apuk and Aguok has become a major concern not only to the people of Gogrial State but to the whole of South Sudan. The need to get permanent solution has recently prompted authorities to come up with the disarmament policy, which is currently going on.

The question, therefore, is disarmament alone without more of a solution to the conflict between Apuk and Aguok? The answer to this question depends on how individuals look at it and also how he understands the conflict between the two communities.

However, the fact is that disarmament per se is not a permanent solution though it is an interim solution that can be used as an entry point in finding a formidable solution. To get permanent solution to the conflict between the two communities, there is a need first to understand the dynamic of the said conflict.

The conflict currently prevailing between the two communities is rooted in history. This is why it is hard to deal with it. Where the conflict is deeply rooted in deeply divided communities, which is rooted in deeply rooted ethnic tension, the only solution is to engage the parties into discussion accompanied by deep reflections among themselves that will eventually result into forgiveness and the agreement that will govern their future relations.

In this context, the conflict between Apuk and Aguok is historical in nature but it is now maintained through the use of modern warfare tactics and equipments. This kind of conflict which has its background in history and continues in modern society is hard to find a solution where the modern approach is adopted without going back to make history as the starting point.

Failure to historicize the solution makes the conflict keep on resurfacing in several aspects but interrelated and dangerous face.

As it has been the case in the conflict resolution between Apuk and Aguok, those who are involved in searching for a solution to the conflict between the two communities try to end the conflict through the modern method which is the use of force through the forced disarmament.

The weakness of applying modern approach to traditional communities who need traditional approach makes it hard to tackle the conflict between the two communities. Consequently, the conflict between the two communities continues with devastating consequences on two communities and Gogrial State.

The matters are further made worse by the fact that the general conflict at the National level has caused a distraction from efforts to address the said conflict.

For all the above reasons, it is hard to predict the time the conflict between the two communities will end or when will the appropriate solution is to be found. Hence, the hope for getting the permanent solution to the conflict between the two communities is dwindling as all attempts have so far failed to materialize.

In order to get lasting solution, there is a need for an immediate change of appropriate from relying on modern method to the hybrid one. The hybrid means adopting traditional conflict resolution method alongside method which will help in maintaining peace between the two communities. The question that then comes into play after proposing the change in the approach is, can the new proposed approach be effective to permanently end the conflict in Gogrial State?

In the opening of this work, I clearly pointed out that the conflict between the two communities is rooted in history. Thus in my opinion, where the conflict is historical in nature, there is a need for historical approach though after getting a solution the modern approach is applied to maintain peace. This is done by creating a forum for People-to-People peace to freely to talk out their historical problems perpetuated by the current complicated problems facing South Sudan.

To get the permanent solution to the conflict between the communities, the question that should be put across here is what is the appropriate approach that can bring appropriate solution?

Can Nuer-Dinka Wunlik approach help in solving tribal conflicts between the two communities? The next question, which is invited by this question is, what is the Wunlit Approach?

The Wunlit Approach as referred to above, was an approach adopted in the resolution of the conflict between Nuer and Dinka. Wunlit was a place where the conference was held. Wunlit is found in Bahr El Ghazal, Sudan by then but it is now found in South Sudan. The conference was held on 27th February-8th March 1999 and it was facilitated by the New Sudan Council of Churches as well supported by the SPLM/A.

The conference brought together the people from the six Dinka and Nuer counties bordering one another on the West Bank of the Nile River. The Wunlit Peace Conference was attended by three hundred and sixty (360) delegates. These delegates were divided equally between Dinka and Nuer (i.e. 180 each).

In accordance with that division, thirty delegates were invited from each county from the six counties as already pointed out above. During the selection of the delegates, each county selected delegates in a way that there were 15 chiefs and 15 other leading persons including representatives of traditional leaders, women and youth. All these persons were crucial in the peacemaking process in playing different roles.

Besides, each of the teams came with an entourage of advisory and support persons such as chiefs, elders, spear masters, women, youth, ethnic militias, church leaders – raising the total number to well over 1,000 persons. In addition, numerous observers were invited to the conference as well as six Nuer chiefs and two Murle chiefs from the East bank of the Nile were invited with the hope of encouraging them to undertake similar peace initiatives in their respective areas.

During the conference local authority officials were involved, including the SPLM County Commissioners and the Executive Directors from each county as well as the military and security personnel. There were also external observers that included church leaders, representatives of sponsors, donors and several reporters.

The Wunlit Conference was then opened with the ceremonial sacrifice of a large white bull, provided by the chief of Wunlit, Gum Mading. The reason for killing white bull (Thon Mabior) in form of sacrifice was taken to be a sign of commitment to peace and communal reconciliation. Apart from traditional ceremony of bull killing, the Wunlit approach combined with Christian practices as the Christian Prayers were also conducted.

During the conference as a way of reconciliation the method used by the participants in indentifying issues was through four ways namely: storytelling and issue identification, working groups, synthesis and plenary presentations and consensus building and approval of covenant. After the identification of the issues, the second part was the truth telling that was started on the second day.

The second day was a day of celebration and reflection and at that point, the people who gathered at the conference began to speak of the wrongs that have been committed against them. This was possible because Nuer and the Dinka believe that reconciliation is possible only after the truth has been shared. Because of that fact, in that peacemaking process, a little more than a full day was given to either side to tell their stories to the other. This phase involves story telling.

During the discussion, one side was given a chance to tell the stories of the atrocities committed against them. Then the other side was given a chance to do the same and to respond in rebuttal. The time of telling the truth as it is always was a painful time as all speakers recalled their losses and sufferings. It was tense. Those telling stories would recount atrocities and name the people who committed them. Each tribe was given an equal amount of time to share their grievances.

In the process of talks, there was a time the talks might break down into accusatory and personalized attacks. However, despite the potential of anger and hatred, the talks continued peacefully. The stories ranged from raids, battles, abduction, and rape to slavery. The old wounds of past were reopened. The meeting hall is awash with memories, tears, and sadness. When the issues were identified, the participants engaged into intense discussion and by the end of the discussion they declared that:

“All hostile acts shall cease between Dinka and Nuer whether between their respective military forces or armed civilians. A permanent cease-fire is hereby declared between the Dinka and the Nuer people with immediate effect; that Amnesty is hereby declared for all offences against people and property committed prior to 1st September 1999 involving Dinka and Nuer on the West Bank of the Nile River; freedom of movement is affirmed and inter-communal commerce, trade, development and services encouraged; that local cross border agreements and movement are encouraged and shall be respected; that it is hereby declared that border grazing lands and fishing grounds shall be available immediately as shared resources.; that displaced communities are encouraged to return to their original homes and rebuild relationships with their neighbours; that the spirit of peace and reconciliation this covenant represents must be extended to all southern Sudan.”

After agreeing and then came up with the above declaration, the participants concluded that all resolutions adopted by the conference were hereby incorporated into the Wunlit covenant. The participants further appealed to the SPLM/A to endorse, embrace and assist in implementation of the covenant and its Resolutions. The parties further appealed to the international community to endorse, embrace and assist in implementation of this covenant and its resolutions.

As it can be understood above, by appealing to the SPLM and international community to assist in the implementation of the covenant, the participants were alive to the fact that even if they agreed to end their conflict for such an agreement to hold, there must be a central authority to enforce it. Moreover, for an agreement between the two communities to stand, there must be strong authority as well as independent judicial system to punish those who will breach the agreement in order to maintain the agreement intact, which is vital for maintaining peace after the agreement.

In summary, for everlasting peace to be achieved between the two communities, the similar approach that was adopted during the Wunlit Peace Conference as discussed in this work should be adopted. In fact, the same approach was adopted in the past between the two communities in form of Kal Kuel Covenant between Apuk Giir, Aguok Mou and Kuac Ayok that was signed, on September 27th, 2008.

The problem is not that people communities are not willing to go into compromise to achieve peace but the problem is that there is no political will on the part of National and State Governments to enforce what the two communities have agreed.

The agreement of the warring parties can stand if it is enforced as they have agreed it without the authority in charge of enforcement applying discretion. Any discretion will be viewed by the party affected as being bias or partisan. The only way of dealing with issues that need some flexibility is to call the parties together and decide over something that needs flexibility or discretion. In short, for the agreement between two communities or other communities to achieve peace, it must be enforced as agreed by the parties but not as the authority enforcing it deems fit.

It should be concluded with the recommendation that for everlasting peace between the two communities to be achieved, the Wunlit modality should be adopted so that people are engaged in truth telling to say all that happened to them in the past. In doing that they should be given humble time to discuss all the issues and root causes including the atrocities they have committed against each other. It is after the parties have said all that has been causing them to fight that is when they can come up with declaration to commit themselves to peaceful co-existence.

After all these, the remaining part is the enforcement of the Agreement, which should be the duty of the state Government to enforce it as parties have agreed not as the authorities of the state think. Without these being done, even if the disarmament of the two communities is carried out several times, there will be no peace. The disarmament should be a short term solution to create conducive atmosphere in which parties can engage in peace talks.

NB//: The Author is a lawyer by profession; he graduated with honors in law from Makerere University, School of Law. He participated in various workshops and training in community mobilization in awareness of their constitutional rights in Uganda. He is the member of Public Interest Law Clinic (PILAC) and NETPIL (Network of Public Interest Lawyers) at Makerere University; he is currently doing research with NETPIL on private prosecution; he is trained in Alternative Dispute Resolution (ADR); he participated in writing Street Law Handbook on Economic, Social and Cultural Rights in Uganda. He is practicing with Onyango and Company Advocates Bunga—Ggaba, Road Kampala He is currently staying in Kampala Uganda where he is undertaking bar course training. He can be reached through juoldaniel@yahoo.com or +256784806333.

General Thomas Cirillo Has Been Granted Amnesty? This is a trap!

From: Toria , South Sudan, SEPT/18/2017, SSN;

In a recent development, the unlawful sitting President of South Sudan granted an amnesty to C-in-C of NAS Gen. Thomas Cirilo. I have an urgent message to Thomas. Please don’t fall for this trap.

This is nothing but a pretext to lure you and other Equatorians back into Juba for their next sinister plans, they have calculated that your move into the bush is the biggest threat to them and so they will do anything to get rid of you particularly by assassination.

Lies of Juba Regime:
“Analysts say the move to free the former political detainees without any pre-condition demonstrated Kiir’s determination to resolve the country’s civil war.”

“He also claimed the country was dominated by Dinka tribe and the army turned into a tribal militia that “targets non-Dinka ethnicities”.” Nothing has changed.

There are some points that you need to take into consideration as to why Juba regime is doing this:
1. They have reckoned with your heavyweight personality that tipped the balance against their survival.
2. Juba regime is already too deformed to be reformed; there is nothing that the so-called National Dialogue could do to change anything as long as Kirr remains in power
3. You, Sir, Cdr Cirillo, in one of the only remaining truly Equatorian leaders and we CAN NOT risk to lose you like the many Great Equatorian leaders that perished at the hands of Garang’s SPLA.

Kirr is no different and he will kill anyone whom he feels will challenge his authoritarian regime and you have already called for removal of this illegal President when you left.

That alone is a treason which could be used against you.

“The National Salvation Front (NAS) is convinced that to restore sanity and normalcy in our country, Kiir must go, he must vacate the office without further bloodshed,” that’s what you partly wrote in your six-page letter of resignation.”

Brother; PLEASE DON’T COME TO JUBA!!!!!

4. The people of Equatoria are with you, and you have given us all the reasons to fight for our rightful ancestral soil, this is not the time to rush back to Juba without having the proper agreements.

That’s WE the children of Equatoria must get back every inch of our forefathers’ lands from these Dinka squatters.

The only peace will come when roaming Dinka herders relocate back to their regions without preconditions particularly removing their cattle away from Equatoria so that we have the land for agricultural developments.

5. Finally, I could go on more but I would like to end my argument that the only time revolutionary people will put down arms will come when we are all ready for peace.

Kirr and his cohorts are not ready for peace, they are trying to force the opposition forces into submissions which is not the way forward.

Unless there is mutual respect for everyone in South Sudan, we have yet to about.

Hitler and the Nazis were forced to surrender and then Europe was in peace.

Juba Kiir’s regime and their JCE Cohorts are all criminals and until they are taken to the ICC, they must not get away with Crimes they committed.

IF THERE IS ANY AMNESTY TO BE GRANTED, THE KIIR’S SPLA CRIMINALS MUST FIRST GO TO THE ICC AND COME OUT CLEAR.

HOWEVER AND WHATSOEVER, THEY ARE ALL CRIMINALS AND THEY BELONG BEHIND BARS.

Position Statement of Diaspora Aweil Communities on Gen. Paul Malong’s Detention

Dear Mr. President;

We the undersigned, on behalf of our respective communities in Diaspora, extend to you our warmest
greetings and best wishes as you endeavor to propel our country forward, endeavoring to achieve the
ideals indelibly etched on South Sudan’s Coat of Arms.

We have been reflecting lately, Mr. President, on the unflattering situation of Gen. Paul Malong in Juba. It is with this solemn issue in mind that we write to convey to you, the concerns of Greater Mading Aweil Communities in Diaspora.

Mr. President, Mading Aweil community in Diaspora is quite troubled by the health and welfare of General Paul Malong Awan. This disquiet is confounded by recent refusal to allow him to attend to his daughter’s burial, following the tragic incident in Kenya.

With one daughter deceased and another critically burned, he should have been allowed to visit the family but authorities in Juba chose the opposite.

We are pleading with you, Mr. President, to release Gen. Malong Awan from his current house arrest to attend to his fatherly obligations, including providing a decent funeral to his daughter. It is a travesty of justice that he should continue to be under house arrest uncharged, even at a time when he is asking for a permission to attend
to his deceased child’s burial, leave alone his medical needs.

Think about it, Mr. President. Not long ago, Gen. Malong defended the Constitution of the Republic and he risked it to save the country from “enemies of state.” Now that he is not holding a public office, should he not deserve better than his current post-relieve treatment?

As for the fear of unknown, we do not believe that he poses any threat to the peace and security of our nation more than the current rebellion.

If you have lost trust in Gen. Malong, then we suggest you swap his current personal bodyguards with soldiers you
trust more and allow him to travel home.

In a country that aspires to be democratic, it makes no sense to hold someone without charges past three days. Of course, it is totally unacceptable that some people in the Community have felt the compulsion to ventilate on social media regarding this issue.

We recognize that some of these remarks may have been a little too harsh.

As leaders of Mading Aweil in Diaspora, we thus apologize on their behalf unequivocally and unreservedly to Your Excellency, the President. Such comments or attendant divisive undertones have no place in our society.

Nevertheless, the fact remains that it is the will of the majority in Aweil Community in Diaspora that unlawful detention is deleterious and not allowing Gen. Malong to attend the funeral of his deceased daughter is equally unconscionable.

While we respectfully await your prompt response, please accept, Mr. President, the assurances of our
highest consideration.

Yours Sincerely;

Mr. Simon H. Angok
President, Aweil Community in Australia 13th / 09/ 2017
Mr. Atileo A. Deng
13th President, Aweil Community in Canada / 09/ b2017
Mr. Adim M. Puot
President, Aweil Community in USA 13th / 09 / 2017

GREATER MADING AWEIL COMMUNITIES IN DIASPORA
(AUSTRALIA – CANADA – THE UNITED STATES OF AMERICA)
Date: Wednesday 13th September 2017

End conflict, bring peace & conduct true National Dialogue not Elections

BY: DANIEL JUOL NHOMNGEK, KAMPALA, UGANDA, SEP/14/2017, SSN;

For elections to be considered and declared to have been conducted freely and fairly, they must have been conducted in accordance with the law which represents the will of the people.

In respect to South Sudan, there are many speculations even from government officials that the government is planning to hold general elections in 2018. This is unacceptable and should be opposed by all South Sudanese who love South Sudan as a country.

Whereas the Transitional Constitution of South Sudan provides for the elections to be held regularly as a sign of democracy (see; Article 194) but where the elections are called and held in bad faith with the intention of maintaining power, then, such elections are in fact amounted to the breach of the Constitution itself.

In respect to “fair’ election, it means that all registered political parties have an equal right to contest the elections, campaign for voter support and hold meetings and rallies. This gives them a fair chance to convince voters to vote for them.

A fair election is also one in which all voters have an equal opportunity to register, where all votes are counted, and where the announced results reflect the actual vote totals.

The question is, if the elections are held in South Sudan, can they be free and fair? Of course not.

As things stand now, there are rampant insecurities that will not allow citizens to vote freely and fairly. In addition, many citizens are displaced within and majority are sent into exile.

As the UN report indicated since December 2013, the conflict has devastated the lives of millions of South Sudanese and more than 3.5 million people have been forced to flee their homes.

This shows that if the elections are held while the substantial section of the population is displaced then they will not be free and fair in the real meanings of the terms.

In other words, majority of the ethnicities making up South Sudan will not vote in the said general elections.

Thus, for free and fair elections to take place, there is a need for the government and the oppositions to come together to agree to end the conflict, bring peace to the country, return all displaced citizens and conduct true national dialogue.

Without these the free and fair elections will never take place in the country. Therefore, in my opinion, elections are not a priority in South Sudan.

For meaningful elections that are going to be free and fair to be held, the following should be done:

First, violent security Forces should be reformed; second, the amendment or repealing of the laws must be made to produce the laws that protect human rights; third the state controlled media should be made political neutral to ensure fair access for every citizen.

This will help candidates to express their views freely and be able to air out their opinions on national matters; Third, independent Election Commission should be formed to oversee the conduct of general elections; fourth, the independent interim government should be set up to help in implementing reforms as agreed by both the government and the oppositions;

Fifth, the Constitution-Making Body/Process should be formed and launched to write the constitution that will provide very clear two terms limit; after the peace is achieved, the true and genuine national dialogue should be conducted alongside the Truth and Reconciliation Commission to deal with issues of accountability and reparation and finally the census should be conducted to know the number of eligible voters.

It is after all these are done, that is when the general elections that reflect the will of all South Sudanese can be held successfully.

In conclusion, I appeal to all South Sudanese to boycott the proposed elections by the government unless the above proposals or recommendations are implemented because allowing the government to go on the elections in the present situations, it will entrench the ineffective government that will reforms desired by South Sudanese impossible.

Consequently, if the reforms as stated above are not carried out, South Sudan will never achieve peace and the war will remain in the country indefinitely. It is therefore my passionate appeal as well as the international community, the AU, IGAD and East African Community not to allow the elections continue unless all the above mentioned reforms are conducted.

All South Sudanese should not sacrifice the future of South Sudanese for individuals’ interest to hold to power. We must stand up against all power hungry politicians to achieve the future South Sudan we want.

The Author is a lawyer by profession; he graduated with honors in law from Makerere University, School of Law. He participated in various workshops and training in community mobilization in awareness of their constitutional rights in Uganda. He is the member of Public Interest Law Clinic (PILAC) and NETPIL (Network of Public Interest Lawyers) at Makerere University; he is currently doing research with NETPIL on private prosecution; he is trained in Alternative Dispute Resolution (ADR); he participated in writing Street Law Handbook on Economic, Social and Cultural Rights in Uganda. He is practicing with Onyango and Company Advocates Bunga—Ggaba, Road Kampala He is currently staying in Kampala Uganda where he is undertaking bar course training. He can be reached through juoldaniel@yahoo.com or +256784806333.

BREAKING News: U.S. sanctions Gen. Malek Rueben, ex-Gen. Paul Malong and Minister Michael Makuei & networks

US Dept of Treasury, FINCEN (Financial Crimes Enforcement Network) SEPT/06/2017, SSN;

The Financial Crimes Enforcement Network (FinCEN) is issuing this Advisory to alert U.S. financial institutions about the possibility that certain South Sudanese senior political figures may try to use the U.S. financial system to move or hide proceeds of public corruption. This advisory reminds financial institutions of their due diligence and suspicious activity report (SAR) filing obligations related to such senior foreign political figures.[1]

It also highlights persons who have been subject to sanctions because of their actions threatening the peace, security, or stability of South Sudan. High-level political corruption can damage a nation’s economic growth and stability as it can interfere with the international community’s efforts to support and promote economic development, discourage foreign private investment, and foster a climate where financial crime and other forms of lawlessness can thrive.

Situation in South Sudan
The U.S. Department of State has been publicly documenting the unfolding situation in South Sudan.[2] As noted, in 2011, after a bloody and protracted conflict, the Republic of South Sudan gained formal independence from the Republic of Sudan. In 2013, a new political conflict began within the ruling party of the nascent South Sudanese nation, growing into a broader conflict.

An estimated 1.9 million South Sudanese have fled to neighboring countries, with another two million displaced internally, including more than 200,000 civilians who have sought refuge in UN-protected camps within South Sudan. The warring parties have failed to adhere to an agreed ceasefire, leaving the civilian population suffering through widespread violence and atrocities, human rights abuses, recruitment and use of child soldiers, attacks on peacekeepers, and obstruction of humanitarian operations. The ongoing conflict also has resulted in widespread food insecurity.

South Sudanese Political Corruption
During this time of internal conflict and devastation, certain South Sudanese senior political officials, representing both the government and the opposition, have engaged in and profited from corrupt practices.[3] According to the U.S. Department of State, various forms of endemic corruption in South Sudan have increased since the beginning of the South Sudanese Civil War in December 2013. For example:

Abuse of position and use of shell companies: Government officials have regularly abused their positions to enrich themselves illegally under the guise of conducting government business. South Sudanese government corruption is often conducted through the use of shell companies belonging to the relatives of government officials.

Abuse of government contracting, particularly involving natural resources: Government officials misappropriate public funds outside the parliament-approved budget to supplement limited government salaries and to enrich themselves. Corrupt officials steer government contracts to businesses—particularly in the natural resource (oil and gas) sector—in which they, their family members, or close associates have some level of beneficial ownership and control.

Use of international financial system and real estate: The funds accumulated through the proceeds of South Sudanese corruption are moved to accounts outside of South Sudan. Once the funds are held in accounts in other countries, they are used to purchase real estate (among other things) in third countries.

Abuse of military procurement: South Sudan’s military spending is the highest in the region. Public reporting indicates that senior military officials in South Sudan have also engaged in corrupt practices similar to their political counterparts to enrich themselves, their families and associates. Corruption has been particularly egregious in the procurement of military matériel and services, which account for nearly half of South Sudan’s annual budget.

Abuse of military payrolls: Corruption in the military payroll system also is rampant: generals appear to routinely siphon off civilian budgets for their personal benefit or of their organizations, as well as to procure arms and supplies that have directly threatened the peace, stability, and security of South Sudan. Military commanders have even reportedly stolen soldiers’ salaries.

Another example is the proliferation of “ghost soldiers”—fictitious soldiers who only exist on payroll documents—has been identified by academics and journalists as one of the primary means by which funds are diverted to senior military officials.

Designated South Sudanese Persons
To further assist U.S. financial institutions’ efforts to protect the U.S. financial system from laundering the proceeds of corruption, FinCEN is providing information on South Sudan sanctions designations by the United States and the United Nations. Including the September 6, 2017 designations, the United States has now sanctioned nine South Sudanese persons and three companies.[4] The United Nations has sanctioned six of those same persons. As warranted, the United States may issue further designations related to South Sudan.

OFAC Designated Individuals and Entities

The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) has designated certain persons in South Sudan pursuant to Executive Order (E.O.) 13664 (“Blocking Property of Certain Persons with Respect to South Sudan,” issued on April 3, 2014, placing them on OFAC’s List of Specially Designated Nationals and Blocked Persons (SDN List).[5]

The OFAC sanctions broadly prohibit U.S. persons, including U.S. financial institutions, from engaging in transactions involving designated individuals and entities, including but not limited to the making or receipt of any contribution or provision of funds, goods, or services by, to, for, or from such persons without a general or specific OFAC license or applicable exemption. For each designated person, all property and interests in property that are in the United States, that come within the United States, or that are or come within the possession or control of any U.S. person, are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in.

United Nations Sanctioned Individuals

United Nations Security Council Resolution (UNSCR) 2206, adopted on March 3, 2015, established a global regime of targeted sanctions on individuals and entities to support the search for an inclusive and sustainable peace in South Sudan. The Security Council has renewed UN sanctions with respect to South Sudan annually, most recently in UNSCR 2353 (May 24, 2017). The UN sanctions are managed by a sanctions committee (Security Council Committee on South Sudan, or “Committee”).[6] The UN sanctions place a travel ban and an asset freeze on individuals and entities designated by the Committee as responsible for or complicit in, or having engaged in, directly or indirectly, actions or policies that threaten the peace, security, or stability of South Sudan.[7] Member states of the United Nations are required to administer and enforce domestic sanctions in compliance with UN sanctions regimes.

Suspicious Activity Reporting

A financial institution may be required to file a SAR if it knows, suspects, or has reason to suspect a transaction conducted or attempted by, at, or through the financial institution involves funds derived from illegal activity, or attempts to disguise funds derived from illegal activity; is designed to evade regulations promulgated under the Bank Secrecy Act (BSA); lacks a business or apparent lawful purpose; or involves the use of the financial institution to facilitate criminal activity.[14]

Additional SAR reporting guidance on Senior Foreign Political Figures

In April 2008, FinCEN issued Guidance to assist financial institutions with reporting suspicious activity regarding proceeds of foreign corruption.[15] A related FinCEN SAR Activity Review, which focused on foreign political corruption, also discusses indicators of transactions that may be related to proceeds of foreign corruption.[16] Financial institutions may find this Guidance and the SAR Activity Review useful in assisting with suspicious activity monitoring and due diligence requirements related to senior foreign political figures.

SAR filing instructions

When filing a SAR, financial institutions should provide all pertinent available information in the SAR form and narrative. FinCEN further requests that financial institutions select SAR field 35(l) (Suspected Public/Private Corruption (Foreign)) and reference this advisory by including the key term:

“SOUTH SUDAN”
in the SAR narrative and in SAR field 35(z) (Other Suspicious Activity-Other) to indicate a connection between the suspicious activity being reported and the persons and activities highlighted in this advisory.

SAR reporting, in conjunction with effective implementation of due diligence requirements and OFAC obligations by financial institutions, has been crucial to identifying money laundering and other financial crimes associated with foreign and domestic political corruption. SAR reporting is consistently beneficial and critical to FinCEN and U.S. law enforcement analytical and investigative efforts, OFAC designation efforts, and the overall security and stability of the U.S. financial system.[17]

For Further Information

Additional questions or comments regarding the contents of this advisory should be addressed to the FinCEN Resource Center at FRC@fincen.gov . Financial institutions wanting to report suspicious transactions that may potentially relate to terrorist activity should call the Financial Institutions Toll-Free Hotline at (866) 556-3974 (7 days a week, 24 hours a day). The purpose of the hotline is to expedite the delivery of this information to law enforcement. Financial institutions should immediately report any imminent threat to local-area law enforcement officials.

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FinCEN’s mission is to safeguard the financial system from illicit use and combat money laundering and promote national security through the collection, analysis, and dissemination of financial intelligence and strategic use of financial authorities.