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OFAC makes sanctions on Sudan clearer…

Issuance of new Sudan Program and Darfur Sanctions Guidance and a related Frequently Asked Question as well as Frequently Asked Questions Updates and Removals

The Department of the Treasury’s Office of Foreign Assets Control (OFAC) is publishing Sudan Program and Darfur Sanctions Guidance  and a Frequently Asked Question (FAQ) and removing eleven Sudan-related Frequently Asked Questions (FAQs).  OFAC is amending the following FAQs pertaining to the Trade Sanctions Reform and Export Enhancement Act of 2000 (TSRA) as it applies to Sudan and five general and compliance FAQs to reflect that Sudan has not been a comprehensively sanctioned country since October 12, 2017. TSRA FAQ 5FAQ 97FAQ 98FAQ 500FAQ 36FAQ 42FAQ 91FAQ 126; and FAQ 398.

Here’s the new, super-helpful FAQ:

836. What sanctions remain applicable to Sudan and the Government of Sudan?

For information pertaining to the status of OFAC’s Sudan and Darfur-related sanctions programs, including licensing requirements, please review the Sudan Program and Darfur Sanctions Guidance. [08-11-2020]

And the guidance document:

Sudan Program and Darfur Sanctions Guidance as of August 11, 2020

U.S. persons are no longer prohibited from engaging in transactions with respect to Sudan or the Government of Sudan that were previously prohibited by the Sudanese Sanctions Regulations, 31 C.F.R. part 538 (SSR). Effective October 12, 2017, sections 1 and 2 of Executive Order (E.O.) 13067 of November 3, 1997 and all of E.O. 13412 of October 13, 2006 were revoked, pursuant to E.O. 13761 of January 13, 2017, as amended by E.O. 13804 of July 11, 2017. To reflect this revocation of authorities, OFAC removed the SSR from the Code of Federal Regulations (C.F.R.) on June 29, 2018.

However, the national emergency declared with respect to the Government of Sudan in E.O. 13067 remains in effect, as expanded upon in scope by subsequent E.O.s to include the violence in Sudan’s Darfur region. This national emergency provides the basis for OFAC’s sanctions on individuals and entities in connection with the conflict in Darfur, which were imposed pursuant to E.O. 13400 of April 26, 2006 and in part implement sanctions with respect to the conflict in Darfur adopted by the United Nations Security Council.

Additionally, Sudan remains on the State Sponsors of Terrorism List (SST List). Accordingly, certain prohibitions and licensing considerations still apply with respect to Sudan, including:

• Export controls. U.S. persons and non-U.S. persons need to obtain any licenses required by the Department of Commerce’s Bureau of Industry and Security (BIS) to export or reexport to Sudan certain items (commodities, software, and technology) that are on the Commerce Control List (CCL), Supp. No. 1 to part 774 of the Export Administration Regulations, 15 C.F.R. parts 730-774 (EAR). Section 742.10 of the EAR sets forth certain anti-terrorism licensing requirements and policies that are specific to Sudan. In limited circumstances, U.S. persons and non-U.S. persons may also need to obtain licenses from BIS to export or reexport to Sudan items that are subject to the EAR but not specifically listed on the CCL (“EAR99” items) if such transactions implicate certain end-use or end-user concerns (see 15 C.F.R. part 744).

• Humanitarian transactions. Pursuant to the Trade Sanctions Reform and Export Enhancement Act of 2000 (TSRA), an OFAC license is required for certain exports or reexports to the Government of Sudan or any other entity in Sudan of agricultural commodities, medicine, or medical devices. These activities are currently generally licensed under the Terrorism List Governments Sanctions Regulations, 31 C.F.R.

§ 596.506 (TLGSR), to the extent prohibited by the TLGSR. No license is required for these exports or reexports, including for financing these exports or reexports.

• Donations from the Government of Sudan to U.S. persons. The TLGSR also prohibits U.S. persons from engaging in transfers from the Government of Sudan that would constitute a donation to a U.S. person, or with respect to which a U.S. person knows, or has reasonable cause to believe, poses a risk of furthering terrorist acts in the United States. See 31 C.F.R. §§ 596.201 and 596.504. Notwithstanding these prohibitions, a general license in the TLGSR authorizes U.S. persons to engage in all financial transactions with respect to stipends and scholarships covering tuition and related educational, living, and travel expenses provided by the Government of Sudan to Sudanese nationals who are enrolled as students in an accredited educational institution in the United States, unless otherwise prohibited under 31 C.F.R. § 596.504(a)(2). See 31 C.F.R. § 596.505.

Note that the revocation of certain sanctions with respect to Sudan and the Government of Sudan does not affect past, present, or future OFAC enforcement investigations or actions associated with any apparent violations of the SSR that occurred prior to October 12, 2017.

Additionally, while persons designated pursuant to the blocking authorities of E.O. 13067 or E.O. 13412 were removed from OFAC’s List of Specially Designated Nationals and Blocked Persons (SDN List) due to the revocation of those sanctions authorities on October 12, 2017, Sudanese persons may still be designated for conducting activities that are considered to be sanctionable under other authorities. [08-11-2020]

Links:

OFAC Notice

Sudan Program and Darfur Sanctions Guidance

New FAQ 836

Amended FAQs: TSRA 5, 97, 98, 500. 36, 42, 91, 126, 398

Categories: Frequently Asked Questions (FAQ) Guidance Licenses OFAC Updates Sudan Sanctions TSRA (Trade Sanctions Reform and Export Enhancement Act)

eric9to5

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