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 Sudan and Darfur Sanctions

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Recent Updates


Effective October 12, 2017, certain sanctions with respect to Sudan and the Government of Sudan – namely sections 1 and 2 of Executive Order (E.O.) 13067 of November 3, 1997 and all of E.O. 13412 of October 13, 2006 – will be revoked, pursuant to E.O. 13761 of January 13, 2017, as amended by E.O. 13804 of July 11, 2017.  This revocation of certain sanctions:

  • Does not affect OFAC sanctions related to the conflict in Darfur, which were imposed pursuant to E.O. 13400 of April 26, 2006 and pursuant to the national emergency declared in E.O. 13067, which will not be terminated; and
  • Does not affect OFAC designations of any Sudanese persons pursuant to sanctions authorities other than E.O.s 13067 and 13412.

 

Frequently Asked Questions


OFAC has compiled hundreds of frequently asked questions (FAQs) about its sanctions programs and related policies. The last link sends the user to a full list of OFAC frequently asked questions

 

Interpretive Guidance

OFAC issues interpretive guidance on specific issues related to the sanctions programs it administers.  These interpretations of OFAC policy are sometimes published in response to a public request for guidance or may be released proactively by OFAC in order to address a complex topic.

 

Applying for a Specific OFAC License


It may be in your and the U.S. government’s interest to authorize particular economic activity that otherwise would be prohibited.

 

Sudan: Since January 17, 2017, all transactions prohibited under the Sudanese Sanctions Regulations, 31 C.F.R. part 538 (SSR), are authorized pursuant to a January 17, 2017, all transactions prohibited under the Sudanese Sanctions Regulations, 31 C.F.R. part 538 (SSR), have been authorized pursuant to a general license located at 31 C.F.R. § 538.540. As a result, specific licenses are not required for transactions prohibited solely by the SSR, and it is OFAC’s policy not to grant applications for specific licenses authorizing transactions to which the provisions of an outstanding general license apply.  Effective October 12, 2017, the prohibitions of the SSR will be revoked, and OFAC authorization will no longer be required for transactions previously prohibited solely by the SSR.


Darfur: The Darfur Sanctions Regulations, 31 C.F.R. part 546 (DSR), are separate from the SSR and are not affected by the general license located at 31 C.F.R. § 538.540 or by the revocation of certain sanctions with respect to Sudan and the Government of Sudan effective October 12, 2017. A specific license may be required if a proposed transaction implicates prohibitions under the DSR or other OFAC-administered sanctions regulations. Visit the link below to apply for an OFAC license.

 

Guidance on OFAC Licensing Policy


Sudan:  Since January 17, 2017, all transactions prohibited under the Sudanese Sanctions Regulations, 31 C.F.R. part 538, have been authorized pursuant to a general license located at 31 C.F.R. § 538.540. Effective October 12, 2017, these prohibitions will be revoked.  As a result, as noted above, OFAC authorization is not required unless a proposed transaction implicates prohibitions under the Darfur Sanctions Regulations, 31 C.F.R. part 546, or other OFAC-administered sanctions regulations.

Darfur:  Certain activities prohibited by the Darfur Sanctions may be authorized by OFAC. OFAC has issued guidance and statements on specific licensing policies, below, as they relate to the Darfur Sanctions.

  • Licenses for Legal Fees and Costs - Guidance on the Release of Limited Amounts of Blocked Funds for Payment of Legal Fees and Costs Incurred in Challenging the Blocking of U.S. Persons in Administrative or Civil Proceedings
  • Entities Owned By Blocked Persons - Guidance On Entities Owned By Persons Whose Property And Interests In Property Are Blocked

 

General Licenses


OFAC issues general licenses in order to authorize activities that would otherwise be prohibited with regard to the Sudan Sanctions. General licenses allow all U.S. persons to engage in the activity described in the general license without needing to apply for a specific license. Effective January 17, 2017, all transactions prohibited under the Sudanese Sanctions Regulations, 31 C.F.R. part 538 (SSR), are authorized pursuant to the general license located at 31 C.F.R. § 538.540. This general license is broader in scope than other general licenses issued under the SSR and, thus, supersedes more narrow general licenses issued under the SSR. Prohibitions under the Darfur Sanctions Regulations, 31 C.F.R. part 546, remain in effect.

Effective January 17, 2017, the below general licenses, as well as other general licenses issued under the SSR, have been superseded by the general license located at 31 C.F.R. § 538.540.

 

Executive Orders, Statutes, Rules and Regulations Relating to the Sudan and Darfur Sanctions


The Sudan and Darfur Sanctions represent the implementation of multiple legal authorities. Some of these authorities are in the form of executive orders issued by the President. Other authorities are public laws (statutes) passed by the Congress. These authorities are further codified by OFAC in its regulations which are published in the Code of Federal Regulations (CFR). Modifications to these regulations are published in the Federal Register. In addition to all of these authorities, OFAC may also implement United Nations Security Council Resolutions (UNSCRs) with regard to Sudan, including Darfur.

Executive Orders

  • 13804 - Allowing Additional Time for Recognizing Positive Actions by the Government of Sudan and Amending Executive Order 13671 (July 11, 2017)
  • 13761 - Recognizing Positive Actions by the Government of Sudan and Providing for the Revocation of Certain Sudan-Related Sanctions (January 13, 2017)
  • 13412 - Blocking Property and Prohibiting Transactions With the Government of Sudan (October 13, 2006)
  • 13400 - Blocking Property of Persons in Connection With the Conflict in Sudan's Darfur Region (Effective Date - April 27, 2006)
  • 13067 - Blocking Sudanese Government Property and Prohibiting Transactions With Sudan (Effective Date - November 4, 1997)

Statutes

Code of Federal Regulations

Federal Register Notices

  • 82 FR 4793 - Amendment to the Sudanese Sanctions Regulations (SSR) adding a new general license authorizing all transactions prohibited under the SSR
  • 80 FR 8531-15 - Adding a General License pertaining to certain software, hardware, and services incident to personal communications
  • 76 FR 76617-11 - Amendments to authorize ​activities relating to oil and transshipment with respect to the Republic of South Sudan
  • 76 FR 63197-11 - Amendments to authorize certain consular funds transfers and the transportation of human remains​
  • 76 FR 63191-11 - Amendments to authorize the exportation or reexportation of food items​
  • 75 FR 10997-10 - Amendments to authorize certain types of exportation
  • 74 FR 61030-09 - Changes to the Trade Sanctions Reform and Export Enhancement Act of 2000 ("TSRA")
  • 74 FR 27433-09 - Amendment to expand the authorization of certain imports
  • 74 FR 25430-09 - Darfur Sanctions Regulations - New regulations to implement Executive Order 13400
  • 72 FR 61513-07 - Amendment to implement Executive Order 13412
  • 72 FR 50047-07 - Revision to the general license for certain publishing activities
  • 72 FR 15831-07 - Amendment related to the movement of goods via diplomatic pouch
  • 72 FR 12980-07 - Clarification of licenses for the exportation of agricultural commodities, medicine and medical devices
  • 71 FR 29251-06 - Revisions to IEEPA made by the Combating Terrorism Financing Act of 2005
  • 70 FR 34060-05 - Reporting, Procedures and Penalties Regulations and Sudanese Sanctions Regulations - Amendment to issue two general licenses
  • 69 FR 75468-04 - Revision to authorize certain publishing activities
  • 66 FR 36683-01 - Exports of Agricultural Products, Medicines, and Medical Devices to Cuba, Sudan, Libya, and Iran - Amendments to implement the Trade Sanctions Reform and Export Enhancement Act of 2000 ("TSRA")

United Nations Security Council Resolutions

  • 1672 - Stressing again its firm commitment to the cause of peace throughout Sudan, including through the African Union-led inter-Sudanese peace talks in Abuja, Nigeria ("Abuja Talks"), full implementation of the Comprehensive Peace Agreement of 9 January 2005 and an end to the violence and atrocities in Darfur. (April 25, 2006)
  • 1591 - Expressing its utmost concern over the dire consequences of the prolonged conflict for the civilian population in the Darfur region as well as throughout Sudan, in particular the increase in the number of refugees and internally displaced persons. (March 29, 2005)
Last Updated: 10/10/2017 5:02 PM