Reports are pouring in that a Congolese rebel group, M23, has overtaken Goma, a major city in the Democratic Republic of the Congo. The six month old rebel group has seemingly shocked the world by their swift taking of the city and their overrunning of government and United Nations peacekeeping forces. According to reports, nearly three-quarters of a million people have been displaced by the fighting in Congo this year, with tens of thousands joining those numbers since the M23’s uprising.

Some have been calling for economic sanctions to be imposed upon the M23 and its leaders. These calls are being made both to the UN and the U.S. While the situation is very recent and still unfolding, there may be legal authority for sanctions to be imposed against the M23 without additional action being taken via a new executive order.

The United States Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) already maintains a sanctions program over the Democratic Republic of Congo which targets individuals and entities contributing to the conflict in that country. In short, OFAC has the authority to designate any “…..political or military leader of a Congolese armed group that impedes the disarmament, demobilization, or reintegration of combatants;…” These sanctions were intended to target those participating or attributing to the conflict addressed by the United Nations Security Council in Resolution 1596 of April 18, 2005, Resolution 1649 of December 21, 2005, and Resolution 1698 of July 31, 2006. Those resolutions were aimed at the disbanding of armed militias and foreign forces operating in Eastern Congo, and the consolidation of control by Congolese government forces over the country. As such, it does seem that from at least the U.S. perspective that a legal basis exists to impose sanctions on the M23 and its leaders.

It could be due to the Thanksgiving holiday and the speed at which the situation in the Congo has progressed which explains the lack of movement by OFAC and Treasury. There is rumored to be a “designate first and ask questions later” culture at OFAC’s Office of Global Targeting; however, OFAC always maintains that all designations are thoroughly considered and supported by copious documentary evidence. Regardless of which is true, I believe OFAC is just waiting on the green light from either the Department of State or the White House before designating the group, and that a designation could be imposed rather quickly.

The real question is what impact will economic sanctions actually have on the M23? It’s most likely that such a designation would only be symbolic in nature, unless OFAC can confirm that, as previously reported, Rwanda is indeed backing the group and targets Rwanda as a result. That of course will lead to whole other host of legal and political questions.

The author of this blog is Erich Ferrari, an attorney specializing in OFAC matters. If you have any questions please contact him at 202-280-6370 or ferrari@ferrariassociatespc.com.