On May 4, 2023, President Biden issued a new executive order to address recent conflicts in Sudan, including the October 2021 military coup and the inter-service fighting within the Sudanese military that began in April 2023. The new executive order builds upon Sudan-related sanctions already in place, including EO 13067 signed in 1997 (Blocking Sudanese Government Property and Prohibiting Transactions With Sudan) and EO 13400 signed in 2006 (Blocking Property of Persons in Connection With the Conflict in Sudan’s Darfur Region), and expands the ability of the United States to target persons who, among other things, threaten the peace, security and stability of Sudan; engage in actions or policies that undermine the democratic process in Sudan; or engage in censorship, corruption, serious human rights abuse, or the obstruction of United Nations missions in Sudan. The new executive order enables the US to impose sanctions upon any individual or entity that the US Secretary of State, in consultation with the Secretary of the Treasury, determines has committed or supported a prohibited act or is complicit in related actions or policies in Sudan. Sanctions also extend to executives or officials of entities that support offending policies, and to the spouses or adult children of blocked persons.
The executive order enables the United States to block the property and interests in property of the designees within the United States or within the possession or control of a US person, and to prevent designees from traveling within the United States. In addition, US persons will be prohibited from engaging in transactions involving persons designated under the new executive order.
In an effort to provide the public with guidance regarding the new executive order and Sudan-related sanctions, the US Department of the Treasury’s Office of Foreign Assets Control amended Frequently Asked Question 836. The amended FAQ confirms that the new EO was issued “to support a transition to democracy and civilian transitional government in Sudan” and provides that, while EO 13067 and EO 13400 were expanded upon, they both remain in effect. FAQ 836 also provides a list of sanctions measures that are no longer in effect with respect to Sudan, and confirms that Sudan’s rescission as a State Sponsor of Terrorism, effective December 14, 2020, still stands. For this reason, Sudan is no longer subject to prohibitions under Terrorism List Government Sanctions Regulations (31 CFR part 596 (TLGSR)) or section 906(a)(1) of the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 USC 7205).