Sudan Sanctions [Almost] Repealed

OFAC announced on Friday that the prohibitions in the Sudanese Sanctions Regulations, 31 CFR Part 538 (the “SSR”) will be effectively narrowed (not repealed!) via a Final Rule issued Tuesday, January 17 in the Federal Register.  This is in response to certain behavior by the Sudanese government viewed favorable and cooperative by the outgoing Obama administration.

By adding a new section, § 560.538, OFAC effectively unblocked Government of Sudan property and issued a general license allowing most transactions with Sudan previously prohibited by the SSR and Executive Orders 13067 (November 5, 1997) and 13412 (October 6, 2006).   These include previous bars on the importation and exportation of goods and services to and from Sudan.

What is interesting is that the Trade Sanctions Reform and Export Enhancement Act of 2000 (“TSRA”) which governs agricultural, medical device/supply and medicinal exports to Sudan is still in place.

Furthermore, note that this is a general license, not a repeal, and as such all other OFAC regulations generally apply, including bars on dealing with blocked individuals, as well as document retention requirements, etc. Furthermore, the US Export Administration Regulations (the “EAR”) governing dual-use items is still in place as well.  This means that items having dual use that are subject to the EAR will still require licenses in many instances if the end-use of the technology is in Sudan.

These are key points as oftentimes many confuse general license topics with exceptions. These are not exceptions and therefore, one must still exercise proper care to ensure compliance with certain requirements that continue to govern dealings with that country.

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An international trade and regulatory lawyer.

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