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OFAC clarifies stuff about TSRA, and Sudan and Darfur sanctions

OFAC updated 4 Frequently Asked Questions (FAQs) today about the Trade Sanctions Reform and Export Enhancement Act, or TSRA:

97. What format options are permitted for submitting license applications pursuant to the Trade Sanctions Reform and Export Enhancement Act of 2000 (TSRA)?
Answer

OFAC permits two format options for submitting TSRA license applications:  online or hard-copy, though we highly recommend the use of OFAC’s online application portal.  Applications submitted via mail must be accompanied by a cover letter that includes some essential information:  the purpose of the application and the applicant’s full contact information.  If either the cover letter or the pertinent information is missing, the application is considered incomplete and risks delay or rejection. 

98. How should I present my TSRA license application?
Answer

Applicants should clearly enumerate in a table format all pertinent information related to their proposed transactions, including: a) Full names and addresses of all parties involved in the transactions and their roles, including financial institutions and any Iranian broker (identify company principals), purchasing agent (identify company principals), end-user(s) (full contact name), or other participants involved in the purchase of the proposed export items; and b) If applicable, the commodity classification numbers that are associated with the proposed export items.

and sanctions relating to Sudan and Darfur:

500. I am an exporter of agricultural commodities, medicine, or medical devices to Sudan and have previously obtained specific licenses from OFAC for such exports.  Do I still need to apply for a specific license from OFAC for exports or reexports of such items to Sudan?
Answer

No.  As of December 14, 2020, no license from OFAC is required to export or reexport agricultural commodities, medicines, or medical devices to Sudan. 

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

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.  

In addition, because the determination regarding Sudan as a State Sponsor of Terrorism was rescinded on December 14, 2020, Sudan is no longer subject to prohibitions under the Terrorism List Governments Sanctions Regulations, 31 C.F.R. part 596 (TLGSR), or section 906(a)(1) of the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7205). 

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, 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 or blocked pursuant to other sanctions authorities.

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 or of the TLGSR prior to December 14, 2020. 

Links:

OFAC Notice

FAQs 97, 98, 500, 836

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

eric9to5

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