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African Export-Import Bank v National Government of the Republic of South Sudan & Anor [2025] EWHC 1079 (Comm) (02 April 2025)

Source: Open mirrored case · Original bailii.org

Sanctions — Geo ✓

Executive Summary

The African Export-Import Bank ("Afreximbank"), a multilateral financial institution headquartered in Egypt, claims over US$650 million from the Republic of South Sudan ("the Republic") and the Bank of South Sudan ("the Bank") for unpaid loans and guarantees under three Facility Agreements and two Guarantees entered between 2019 and 2020. The Republic drew down the full or partial amounts but defaulted on repayments starting 2023. Afreximbank accelerated the loans and demanded repayment, but neither Defendant responded or engaged in the proceedings. The Court granted summary judgment in favor of Afreximbank due to the Defendants’ non-appearance and clear liability.

Sanctions Highlights

  • — No sanctions implications identified in the case.

Emerging Risks

  • South Sudan’s failure to repay significant multilateral loans signals heightened sovereign credit risk.
  • Political instability and regional conflicts (notably in Sudan) exacerbate repayment uncertainties.
  • The Bank of South Sudan’s non-payment under guarantees raises concerns about institutional financial reliability.
  • Potential restructuring requests by South Sudan’s President indicate ongoing fiscal distress and negotiation risks.

Geopolitical Impact

  • Afreximbank’s Egyptian headquarters highlight Egypt’s role in regional trade finance and economic diplomacy.
  • South Sudan’s defaults occur amid regional instability, including conflict in neighboring Sudan, affecting broader East African economic stability.
  • The UK court’s involvement underscores the international legal framework supporting African multilateral financial institutions.
  • The case indirectly touches on geopolitical tensions involving the US and UK’s interest in East African stability and economic governance.
  • The Republic’s reliance on oil revenues and fluctuating prices ties into global commodity market volatility impacting geopolitical alignments.

Economic Intelligence

  • The loans funded trade-enabling infrastructure, COVID-19 pandemic response, and medical supply procurement, reflecting pandemic-era economic support.
  • The total claim exceeds US$650 million, with US$640 million guaranteed by the Bank of South Sudan.
  • The Republic’s default on structured quarterly repayments since 2023 signals severe fiscal distress.
  • Cross-default provisions accelerated repayment obligations, increasing immediate financial pressure on South Sudan.
  • The Republic’s failure to present a repayment proposal despite prior commitments highlights deteriorating creditworthiness.

Strategic Recommendations

  • Monitor South Sudan’s political and security environment closely for developments affecting debt servicing capacity.
  • Assess Afreximbank’s enforcement strategies abroad to anticipate potential asset recovery actions impacting regional financial institutions.
  • Engage with regional partners, including Egypt and East African states, to evaluate risks to multilateral trade finance frameworks.
  • Prepare for potential loan restructuring negotiations, considering South Sudan’s requests and regional economic conditions.
  • Track commodity price trends and conflict dynamics in Sudan and South Sudan as key variables influencing repayment prospects.

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**Source Notes:**

Sanctions Intelligence Digest — [https://empyreanprotocol.com/litigation/view/www.bailii.org/ew/cases/EWHC/Comm/2025/1079.html](https://empyreanprotocol.com/litigation/view/www.bailii.org/ew/cases/EWHC/Comm/2025/1079.html)

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