International Trade Law News

Published by Jacobson Burton Kelley PLLC

The Treasury Department's Office of Foreign Assets Control (OFAC) today published a final rule in the Federal Register revising the Sudanese Sanctions Regulations (31 CFR Part 538) to implement Executive Order 13412 issued by President Bush on October 13, 2006 to implement the Darfur Peace and Accountability Act of 2006 (DPAA). Among other things, the DPAA called for support of the regional government of Southern Sudan, assistance for the peace efforts in the Darfur region of Sudan and provision of economic assistance in specified areas of Sudan.

The final rule issued today exempts all trade and related transactions and humanitarian assistance in specified areas of Sudan, including Southern Sudan, Southern Kordofan/Nuba Mountains State, Blue Nile State, Abyei, Darfur and four official camps for internally displaced persons (Mayo, El Salaam, Wad El Bashir, and Soba) from the sanctions imposed on Sudan in November 1997. All other areas of Sudan remain subject to the comprehensive sanctions regime.

Today's final rule also maintain two types of sanctions that apply countrywide throughout Sudan. First, all property and interests in property of the Government of Sudan remain blocked, wherever located; however, the regional government of Southern Sudan from the definition of the Government of Sudan. Second, all transactions relating to Sudan’s petroleum or petrochemical industries are prohibited, wherever in Sudan the transactions may occur.

In addition, the licensing requirements for exports of agricultural commodities, medicine, and medical devices remain in effect throughout Sudan, including for the exempt areas, because of the operation of the Trade Sanctions Reform Act of 2000 (TSRA).

Today's rule also clarifies that the prohibitions imposed by E.O. 13067 are territorial and apply to all shipments of goods, services, and technology that transit non-exempt areas of Sudan (“transshipments”) and to all financial transactions that involve, in any manner, depositary institutions either located in the non-exempt areas of Sudan or owned or controlled by the Government of Sudan.

OFAC has also issued two new general licenses applicable to Sudan. The first general license expands the exemption relating to official business of the U.S. Government and the United Nations to include transactions and activities not only of employees but also of contractors and grantees of the U.S. Government and United Nations or any of the United Nations’ specialized agencies, programmes, and funds (including, e.g., the World Bank Group and International Monetary Fund), subject to certain requirements set forth in the Regulations. The second general license authorizes humanitarian transshipments through non-exempt areas to or from Southern Sudan or Darfur; this general license is subject to annual renewal.

Labels: OFAC, Sanctions; Sudan