OFAC Issues Guidance on Sudan Sanctions

The Office of Foreign Assets Control issued guidance on its Sudan program and Darfur sanctions and removed and revised Sudan-related FAQs. The guidance, issued Aug. 11, clarifies that U.S. people and companies are no longer subject to OFAC’s Sudanese Sanctions Regulations but may be designated under the agency’s Darfur sanctions or captured by Commerce Department export controls.

The executive orders authorizing OFAC’s Sudan sanctions program were revoked in 2017, but the agency stressed that it can investigate sanctions violations that occurred before then. “The revocation of certain sanctions with respect to Sudan … does not affect past, present, or future OFAC enforcement investigations” for violations that took place before Oct. 12, 2017, the agency said. OFAC also said it may sanction Sudanese people or companies “under other authorities” even though they were removed from the Specially Designated Nationals List after the executive orders were revoked in 2017.

Industry needs to also pay close attention to export controls administered by Commerce’s Bureau of Industry and Security, OFAC said, adding that licenses are required to export or reexport certain commodities, software and technology to Sudan. In addition, humanitarian exporters need an OFAC license to ship agricultural goods, medicine and medical devices to the Sudanese government or other entities. The agency said a general license is available for those exports, as well as certain donations.

OFAC also revised nine FAQs to reflect that Sudan is not a “comprehensively sanctioned country.” The FAQs also outline procedures for exporting humanitarian goods and clarify that exporters do not need to submit a specific license applications for those shipments.