On August 11, 2020, the US Department of the Treasury’s Office of Foreign Asset Control issued “Sudan Program and Darfur Sanctions Guidance” and several Frequently Asked Questions to clarify requirements as they relate to Sudan and Darfur since certain provisions in Sudanese Sanctions Regulations, 31 CFR part 538 (SSR), were revoked on October 12, 2017.
The national emergency declared against the Government of Sudan remains in effect to address the violence in Sudan’s Darfur region, pursuant Executive Order 13067 of November 3, 1997 and E.O. 13400 of April 26, 2006, that imposed sanctions related to the Darfur region that were adopted by the United Nations Security Council. As a result, Sudan remains on the State Sponsors of Terrorism List and licenses are still required when it comes to export controls and humanitarian transactions in Sudan. Donations from the Government of Sudan to US persons is also generally prohibited by the Terrorism List Governments Sanctions Regulations, 31 CFR § 596.506, allowing US persons to receive stipends and scholarships only after obtaining a general license. Furthermore, while sanctions against individuals were removed after the 2017 SSR revocations, Sudanese persons may still be designated for engaging in activities that are sanctionable by other authorities.
OFAC has amended several FAQs pertaining to the Trade Sanctions Reform and Export Enhancement Act of 2000 (TSRA) to demonstrate how Sudan’s sanctions have been relieved since 2017, including TSRA FAQ 5, FAQs 97-98, FAQ 500, FAQ 36, FAQ 42, FAQ 126, and FAQ 398. TSRA FAQ 5, 97-98, and 500 address when and how to obtain TSRA licenses, TSRA FAQ 36 explains the distinction between a blocked transaction and a rejected transaction, and TSRA FAQ 42, 126 and 398 all address how, why, and when transactions continue to be blocked.
OFAC News Bulletin | OFAC Guidance on Sudan and Darfur