EU aligns Congo sanctions with UN resolution and tightens arms embargo

The Council of the European Union has aligned its restrictive measures on the Democratic Republic of the Congo with United Nations Security Council Resolution 2825 (2026), adopted in New York on 29 June 2026. The alignment was carried out through Decision (CFSP) 2026/2372 and Regulation (EU) 2026/2374, both adopted in Luxembourg on 26 October 2026, signed by the President of the Council, M. Heydon, and published in the Official Journal of the European Union, L series, of 27 October 2026. The two texts amend the 2010 decision and the 2005 regulation that form the legal backbone of the EU’s Congo sanctions.

An arms embargo recast around UN criteria

The new Resolution 2825 (2026) amends the criteria for designating persons and entities subject to the measures set out in paragraphs 9 and 11 of Resolution 1807 (2008), the UN text that first framed the Congo sanctions. The Council also recalls Resolution 2667 (2022) of 20 December 2022, which removed the notification requirements in paragraph 5 of Resolution 1807 (2008) for the arms embargo on non-governmental entities and individuals operating in Congolese territory.

Transposing that shift, Regulation (EU) 2026/2374 rewrites the arms provisions of Regulation (EC) No 1183/2005 of 18 July 2005. A new paragraph -1 of Article 1a prohibits the direct or indirect sale, supply, transfer or export of the goods and technology on the Common Military List of the European Union — in its version published on 13 March 2026 — as well as firearms, their parts and essential components and ammunition as defined in Regulation (EU) No 258/2012, to any non-governmental entity or person operating in Congolese territory, whether or not the goods originate in the Union. The accompanying ban on technical assistance, brokering and financial assistance tied to military activities is likewise redirected at non-governmental actors, and the old authorisation-based paragraph 2 is deleted outright.

Obstructing MONUSCO becomes a listing ground

Both acts add an identical new point (l) to the designation criteria, in Article 3(1) of Decision 2010/788/CFSP and Article 2a(1) of the regulation. It covers “deliberately and gravely obstructing the implementation of MONUSCO’s mandate, including by denying access, restricting freedom of movement or interfering with patrols and monitoring activities.”

The regulation also inserts a definition of “financing or financial assistance” in Article 1(k) of Regulation (EC) No 1183/2005, covering grants, loans, guarantees, suretyships, bonds, letters of credit, supplier and buyer credits, import or export advances and all types of insurance and reinsurance, including export credit insurance. Payment and payment terms made in line with normal business practice are expressly excluded.

Derogations, reporting duties and enforcement

The recast Article 1b of the regulation sets out the authorisations that national competent authorities may still grant:

• sales, supplies or exports intended solely for the support of, or use by, MONUSCO or the African Union Regional Task Force;
• temporary exports of protective clothing, including flak jackets and military helmets, by United Nations personnel, media representatives and humanitarian and development workers, for personal use only;
• non-lethal military equipment intended solely for humanitarian or protective use, with related assistance;
• other sales or supplies approved in advance by the Sanctions Committee established under paragraph 8 of Resolution 1533 (2004).

No authorisation may be granted for activities that have already taken place. The regulation also tightens reporting: persons and entities must immediately supply information on frozen accounts and cooperate in verification, subject to judicial confidentiality and to the protection of lawyer-client communications. Competent authorities, including customs authorities under Regulation (EU) 2026/2108, banking supervisors under Regulation (EU) No 575/2013, and authorities under Directive 2014/65/EU and Directive (EU) 2015/849, must exchange information without delay. A rewritten Article 7b bans circumvention, Article 10 requires effective, proportionate and dissuasive penalties including confiscation of proceeds, and Article 11 extends scope to EU nationals and to companies incorporated under Member State law anywhere in the world.

What changes for operators

Decision (CFSP) 2026/2372 entered into force on the day of publication, 27 October 2026, while Regulation (EU) 2026/2374 applies from the following day, 28 October 2026, and is binding in its entirety and directly applicable in all Member States. For arms manufacturers, brokers, private security providers and transport or logistics firms working with non-state clients in the Congo, the practical consequence is that the notification route disappears and prior authorisation from a Member State or the Sanctions Committee becomes the only lawful path. The new listing ground also puts military and security operators who impede MONUSCO movements squarely within the scope of asset freezes.

Source: Official Journal of the European Union, L series, No 2026/2372 and No 2026/2374, 27 October 2026 (official reference: CELEX:L_202602372 and CELEX:L_202602374).