Article 1
Open ↗Regulation (EU) 2023/2147 is amended as follows: (1) in Article 1, the following points are added: ‘(i) “brokering services” means: (i) the negotiation or arrangement of transactions for the purchase, sale or supply of goods and technology or of financial and technical services, including from a third country to any other third country; or (ii) the selling or buying of goods and technology or of financial and technical services, including where they are located in third countries for their transfer to another third country; (j) “financing or financial assistance” means any action, irrespective of the particular means chosen, whereby the person, entity or body concerned, conditionally or unconditionally, disburses or commits to disburse its own funds or economic resources, including but not limited to grants, loans, guarantees, suretyships, bonds, letters of credit, supplier credits, buyer credits, import or export advances and all types of insurance and reinsurance, including export credit insurance; payment, as well as terms and conditions of payment, of the agreed price for a good or a service, made in line with normal business practice, does not constitute financing or financial assistance; (k) “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, including verbal forms of assistance.’ ; (2) the following article is inserted: ‘Article 1a 1. It shall be prohibited to purchase, import, or transfer, directly or indirectly, gold, as listed in Annex III, if it originates in Sudan and it has been exported from Sudan into the Union or into any third country after 15 July 2026. 2. It shall be prohibited to: (a) provide technical assistance, brokering services or other services related to the goods referred to in paragraph 1 and to the provision, manufacture, maintenance and use of those goods, directly or indirectly in relation to the prohibition in paragraph 1; (b) provide financing or financial assistance related to the goods as referred to in paragraph 1 for any purchase, import or transfer of those goods, or for the provision of related technical assistance, brokering services or other services, directly or indirectly in relation to the prohibition in paragraph 1. 3. The prohibitions in paragraphs 1 and 2 shall not apply to gold which is necessary for the official purposes of diplomatic missions, consular posts or international organisations in Sudan enjoying immunities in accordance with international law.’ ; (3) the following article is inserted: ‘Article 1b 1. It shall be prohibited to sell, supply, transfer or export, directly or indirectly, goods which might be used for gold mining or gold exploitation, as listed in Annex IV, whether or not originating in the Union, to any natural or legal person, entity or body in Sudan or for use in Sudan. 2. It shall be prohibited to: (a) provide technical assistance, brokering services or other services related to the goods referred to in paragraph 1 and to the provision, manufacture, maintenance and use of those goods, directly or indirectly to any natural or legal person, entity or body in Sudan or for use in Sudan; (b) provide financing or financial assistance related to the goods referred to in paragraph 1 for any sale, supply, transfer or export of those goods, or for the provision of related technical assistance, brokering services or other services, directly or indirectly to any natural or legal person, entity or body in Sudan or for use in Sudan. 3. Without prejudice to the authorisation requirements pursuant to Regulation (EU) 2021/821 of the European Parliament and of the Council ( *1 ) , where applicable, the prohibitions in paragraphs 1 and 2 shall not apply to goods intended for humanitarian purposes, public health emergencies, the urgent prevention or mitigation of an event likely to have a serious and significant impact on human health and safety or the environment, or as a response to natural disasters. 4. With regard to goods falling under CN code 2837 11, and without prejudice to the authorisation requirements pursuant to Regulation (EU) 2021/821, the prohibitions in paragraphs 1 and 2 of this Article shall not apply to the execution until 16 January 2027 of contracts concluded before 15 July 2026, or ancillary contracts necessary for the execution of such contracts. ( *1 ) Regulation (EU) 2021/821 of the European Parliament and of the Council of 20 May 2021 setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items ( OJ L 206, 11.6.2021, p. 1 , ELI: http://data.europa.eu/eli/reg/2021/821/oj ).’;" (4) Annex III is added in accordance with Annex I to this Regulation; (5) Annex IV is added in accordance with Annex II to this Regulation.