Sudan

From Sanctions Wiki

1 General
2 UN
3 EU
4 NL
5 UK
6 Swiss
7 Australia
8 Canada
9 New Zealand
10 Singapore
11 US
- 11.1 OFAC
- 11.2 ITAR
12 FATF Warning List
- 12.1 US FinCen – AML/CFT Deficiencies Warning List

General

December 25, 2011 – JEM leader Khalil Ibrahim killed. Khalil Ibrahim was the leader of the Darfurian rebel group the Justice and Equality Movement (JEM) and the Sudanese Army’s fiercest enemy, was killed on Sunday in a military offensive in North Kordofan region bordering the vast western region Darfur.

(Source: Al Jazaeera)

July 9, 2011 – South Sudan becomes the world’s newest nation, the final step in the six-year Comprehensive Peace Agreement (CPA), a deal that ended the 1983-2005 North-South war.

The government is upbeat, but after the euphoria of celebrations and the pomp of speeches, the new nation faces a mammoth task. South Sudan is not starting from scratch, the South’s information ministry said in a release timed for independence. “For the past six years, the Government of South Sudan has enjoyed considerable autonomy, with an elected assembly, government and a functioning judicial system.”

Relations between North & South

Exactly how North and South Sudan divorce is critical to the future for both states.
Key negotiations still remain – most importantly over oil.

In line with the sanctions on the government of Sudan, the UN implores business to refrain from activity linked with the Sudanese Government, and there is a ban on business in, for and with the petroleum and petrochemical industry by OFAC.

UN

July 17, 2011 – UN consolidating peace and security and helping to establish conditions for development. On 9 July 2011 South Sudan became the newest country in the world. The birth of the Republic of South Sudan is the culmination of a six-year peace process which began with the signing of the Comprehensive Peace Agreement (CPA) in 2005.

In adopting resolution 1996 (2011) on 8 July 2011, the Security Council determined that the situation faced by South Sudan continued to constitute a threat to international peace and security in the region. The Security Council established the United Nations Mission in the Republic of South Sudan (UNMISS) for an initial period of one year, starting from 9 July 2011.

UNMISS is on the ground to consolidate peace and security and to help establish conditions for development.

June 27, 2011 – Decides to Deploy Peacekeeping Force to Abyei Area (Sudan), Unanimously Adopting UNSCR 1990 (2011) – UNSCR Department of Public Information, News and Media Division, New York UN Press Release & text of the resolution

UN Decides to establish, for a period of 6 months, the United Nations Interim Security Force for Abyei (UNISFA), taking into account the Agreement between the Government of Sudan and the Sudan People’s Liberation Movement on Temporary Arrangements for the Administration and Security of the Abyei Area, and further decides that UNISFA shall comprise a maximum of 4200 military personnel, 50 police personnel, and appropriate civilian support.

UNSCR 1591 (2005) & 1556 (2004) UN Sanction
UNSCR 1556 (2004) UN Arms Sanctions

In July 2004 Security Council resolution 1556 imposed an arms embargo on all non-governmental entities and individuals, including the Janjaweed, operating in the states of North Darfur, South Darfur and West Darfur.

EU

August 05, 2012 – EU statement on negotiations between Sudan and South Sudan

The High Representative of the European Union for Foreign Affairs and Security Policy and Vice-President of the Commission, issued the following statement today:

I welcome news of the agreement on oil revenue between Sudan and South Sudan. This will contribute to the economic viability of both countries and the welfare of their people.

I am further encouraged by reports that the Government of Sudan has agreed to modalities for delivering humanitarian assistance to all civilian populations affected by the conflict in Southern Kordofan and Blue ,ile states. I urge the immediate implementation of this agreement so that humanitarian assistance can reach those in need without delay. This also needs to be accompanied by a cessation of hostilities and political negotiations between the Government of Sudan and the Sudan People’s Liberation Movement/North.

EU Press Release

July 23, 2012 – Council conclusions on the Roadmap for Sudan and South Sudan

The EU reiterates its strong support for the AU Roadmap for Sudan and South Sudan and UN Security Council Resolution 2046 (2012) and urges the Parties to implement the Roadmap/UNSCR 2046 fully and unconditionally within the given timeframe. To see more details follow the link EU Conclusions

November 25, 2011 – Council Regulation (EU) No 1215/2011 of 24 November 2011 amending Regulation (EC) No 131/2004 concerning certain restrictive measures in respect of Sudan & South Sudan.

Council Regulation (EC) No 131/2004 of 26 January 2004 imposing certain restrictive measures in respect of Sudan and South Sudan (which is added) to the regulation.

It shall be prohibited:

To provide technical assistance related to military activities and to the provision, manufacture, maintenance and use of arms and related material of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts therefor, directly or indirectly to any person, entity or body in, or for use in Sudan or South Sudan;
To provide financing or financial assistance related to military activities, including in particular grants, loans and export credit insurance, for any sale, supply, transfer or export of arms and related material, or for the provision of related technical assistance, directly or indirectly to any person, entity or body in, or for use in Sudan or South Sudan.’

August 01, 2011 – EU Special Representative for Sudan and South Sudan – The Council today adopted a decision amending and extending decision 2010/450/CFSP appointing the European Union Special Representative (EUSR) for Sudan. – The decision extends the mandate of Mrs Rosalind Marsden as EUSR until 30 June 2012 EU Press Release

EU common position 2004/31/CFSP
EC Commission Regulation 970/2007 (Darfur)
Common Position 2005/411/CFSP
COUNCIL REGULATION (EC) No 131/2004 of 26 January 2004 concerning certain restrictive measures in respect of Sudan
COUNCIL REGULATION (EC) No 1184/2005 of 18 July 2005 imposing certain specific restrictive measures directed against certain persons impeding the peace process and breaking international law in the conflict in the Darfur region in Sudan
COMMISSION REGULATION (EC) No 970/2007 of 17 August 2007 amending Council Regulation (EC) No 1184/2005 imposing certain specific restrictive measures directed against certain persons impeding the peace process and breaking international law in the conflict in the Darfur region in Sudan
- Ban on technical assistance and financing relating to military activities
- Restrictions on admission of individuals, who impede the peace process, constitute a threat to stability in Darfur and the region, commit violations of international humanitarian or human rights law or other atrocities, violate the UN arms embargo and/or are responsible for offensive military overflights in and over the Darfur region
- Freezing of funds and economic resources of persons such individuals
- Embargo on arms and related materiel
- Ban on provision of certain services
- Restrictions on admission and freezing should apply as of 29.4.2005

In view of the ongoing civil war in Sudan, Common Position 2004/31/CFSP maintains the arms embargo imposed against Sudan by Council Decision 94/165/CFSP EU Arms Sanctions and strengthens that embargo to include a ban on technical assistance and other services related to military activities, and on financial assistance related to military activities. Common Position 2004/31/CFSP also makes provision for humanitarian exemptions to the arms embargo, including sale, supply, transfer or export of equipment and material for mine clearance operations in Sudan.

Several people have been designated.

EU Sanctions

NL

Dutch Sanction Law 1977 – Sudan / Darfur 2007

UK

The European Union adopted Council Regulation (EC) No 131/2004 of 26 January 2004 which implemented measures in the EU prohibiting the supply of technical, financial and other assistance related to military activities, with exemptions, directly or indirectly to any person, entity or body in, or for use in Sudan.

By the adoption of UNSCR 1591 (2005) on 29 March 2005, the United Nations imposed travel restrictions, with exemptions, and an assets freeze on designated individuals. A Committee was established to designate targets of the travel restrictions and assets freeze. Designated targets were those deemed by the Committee to be impeding the peace process, constituting a threat to stability in Darfur and the region, committing human rights violations and violating measures set out in previous resolutions (primarily related to an arms embargo).

UK Sanctions

Swiss

October 08, 2013 – Massnahmen gegenüber Sudan – Änderung vom 08.10.2013 mit Inkrafttreten am 10.10.2013 Swiss Sanctions

April 18, 2013 – Massnahmen gegenüber Sudan – Änderung vom 17.04.2013 mit Inkrafttreten am 19.04.2013 Swiss Sanctions

Massnahmen gegenüber Sudan

Der Bundesrat hat am 25.05.2005 die Verhängung von Sanktionen gegenüber Sudan beschlossen und eine entsprechende Verordnung erlassen. Mit dieser Verordnung setzt die Schweiz die UNO-Sicherheitsratsresolution 1556 (2004) vom 30.07.2004 und die UNO-Sicherheitsratsresolution 1591 (2005) vom 29.03.2005 um. Die Verordnung sieht folgende Massnahmen gegenüber Sudan vor:

Verbot der Lieferung von Rüstungsgütern nach Sudan sowie Verbot der Gewährung technischer Beratung, Ausbildung oder Unterstützung im Zusammenhang mit solchen Gütern
Finanzsanktionen
Reiserestriktionen

Swiss Sanctions

Australia

On 30 July 2004 the United Nations Security Council (UNSC) adopted resolution1556 (2004), imposing sanctions in relation to the Sudan in response to the ongoing humanitarian crisis and widespread human rights violations, including continued attacks on civilians. The sanctions were modified and strengthened with the adoption of resolution 1591 (2005), which expanded the scope of the arms embargo and imposed additional measures including a travel ban and an assets freeze on individuals designated by the UNSC Committee established pursuant to resolution 1591 (2005). The enforcement of the arms embargo was strengthened by resolution 1945 (2010).

As a consequence, Australian law now prohibits a variety of conduct, follow Australia Sanctions

Canada

On July 30, 2004, acting under Chapter VII of the Charter of the United Nations, the United Nations Security Council adopted Resolution 1556 imposing sanctions against Sudan in response to the humanitarian crisis and widespread human rights violations resulting from the conflict in Darfur region. The sanctions regime was subsequently modified and strengthened with the adoption of Resolution 1591 on March 29, 2005.

The United Nations Sudan Regulations implement the decisions of the United Nations Security Council in Canadian domestic law. Implementation of the travel ban imposed by Resolution 1591 (2005) is ensured in Canada under existing provisions of the Immigration and Refugee Protection Act. Sanctions

Subject to certain exceptions, the measures imposed against Sudan pursuant to United Nations Security Council resolutions include:

a prohibition on the export of arms and related material to any person in Sudan;
a prohibition on the provision, to any person in Sudan, of technical assistance related to arms and related material;
an assets freeze against those persons designated by the Committee of the Security Council of the United Nations established by Resolution 1591 to oversee the sanctions measures (1591 Committee); and
a travel ban against persons designated by the 1591 Committee.

Canada also has certain policy measures in place with regard to Sudan, outside the context of United Nations Security Council decisions. More information on these measures can be found at Canada Sudan Sanctions or Canada Sanctions

New Zealand

Article 41 of the United Nations Charter authorises the Security Council to take enforcement measures not involving the use of force in order to give effect to its decisions. These measures often take the form of sanctions. UN Security Council sanctions are binding on all UN member States, including New Zealand, and are implemented in New Zealand law by regulations made under the United Nations Act 1946. All persons and entities in New Zealand, and in many cases New Zealand citizens and companies overseas, must comply with regulations implementing Security Council sanctions. The range of sanctions imposed by the Security Council has included comprehensive economic and trade sanctions as well as more targeted measures such as arms embargoes, travel bans, and financial restrictions. Financial restrictions, otherwise known as an “assets freeze” are one of the most commonly used sanctions imposed by the United Nations Security Council. New Zealand Sanctions

Singapore

September 26, 2006 – The Monetary Authority of Singapore (Freezing of Assets of Persons – Sudan) Regulations 2006 (G.N. No. S553/2006)Singapore Sanctions – UN based sanctions.

US

November 02, 2012 – Renewal of Sudan National Emergency

Yesterday the President renewed the national emergency in Executive Order 13067, on the basis of which the United States has imposed economic sanctions with respect to Sudan since 1997. U.S. law requires that a decision be made regarding the renewal of the national emergency each year by the anniversary of the national emergency.

In recent years, Sudan has made progress in resolving a number of outstanding issues with South Sudan, which contributes significantly to the prospects for peace between the two countries. However, the ongoing conflict in Southern Kordofan, Blue Nile, and Darfur continue to threaten regional stability, and the human rights and humanitarian crises there – including the lack of humanitarian access – are very serious. Outstanding issues with South Sudan, such as the final status of Abyei, also pose such a threat. Addressing these concerns is necessary for a peaceful Sudan and would enable the United States and Sudan to move towards a normalized relationship.

We will continue our dialogue with the Government of Sudan on the steps that are necessary to improve our bilateral relationship. US Department of State Press Release

August 04, 2012 – Statement on the Oil Agreement Between South Sudan and Sudan

For Sudan, too, this agreement offers a way out of the extreme economic stress it is now experiencing. The Government of Sudan deserves credit for taking this step. If Sudan would now also take the steps to peace in Southern Kordofan, Blue Nile, and Darfur, and if it will respect the rights of all citizens, it can likewise give its people a brighter future.

US Department of State Press Release

OFAC

July 02, 2014 – South Sudan Sanctions Regulations

On July 1, 2014 the Office of Foreign Assets Control (OFAC) issued regulations to implement Executive Order 13664 of April 3, 2014 (“Blocking Property of Certain Persons with Respect to South Sudan”). See 79 FR 37190, dated July 1, 2014. OFAC intends to supplement this part 558 with a more comprehensive set of regulations, which may include additional interpretive and definitional guidance and additional general licenses and statements of licensing policy.

Recent Actions

May 06, 2014 – South Sudan-related Designations

The following individuals have been added to OFAC’s SDN List:

GADET, Peter (a.k.a. GATDET, Peter; a.k.a. YAAK, Peter Gadet; a.k.a. YAAK, Peter Gatdet; a.k.a. YAK, Peter Gadet; a.k.a. YAKA, Peter Gatdeet; a.k.a. YAKA, Peter Gatdet); DOB 1957 to 1959; POB Mayon County Unity State; alt. POB Mayan, Unity State; General (individual) [SOUTH SUDAN].

MANGOK, Marial Chanuong Yol (a.k.a. CHINOUM, Marial; a.k.a. CHINUONG, Marial; a.k.a. YOL, Marial Chanoung; a.k.a. “CHAN, Marial”); DOB 01 Jan 1960; POB Yirol, Lakes State; Commander, Presidential Guard Unit; Major General, Sudan People’s Liberation Army (individual) [SOUTH SUDAN].

OFAC recent actions

April 04, 2014 – Issuance of South Sudan-related Executive Order

The President today signed a new Executive Order related to the situation in and in relation to South Sudan. The Executive Order does not target the country of South Sudan, but rather targets those responsible for the conflict there, which has been marked by widespread violence and atrocities, human rights abuses, recruitment and use of child soldiers, attacks on peacekeepers, and the obstruction of humanitarian operations. This Executive Order allows the United States to impose sanctions against any individual or entity that threatens the peace, stability, or security of South Sudan; commits human rights abuses against persons in South Sudan; expands or extends the conflict in South Sudan or obstructs reconciliation or peace talks or processes; or undermines democratic processes or institutions in South Sudan.

Today’s EO does not actually name any persons in South Sudan or otherwise impose any restrictions on doing business with the Government of South Sudan or companies located in South Sudan. This EO was issued in order to provide the U.S. government with a vehicle for imposing targeted sanctions on Government of South Sudan officials or opposition leaders that are responsible for the recent violence in South Sudan.

While OFAC will likely use this EO to add persons or government entities in Sudan to the List of Specially Designated Nationals and Blocked Persons (“SDN List”), no such parties have been added yet. Once those parties are added to the SDN List then any of their assets in the U.S. must be blocked and U.S. persons are prohibited from engaging in transactions with the SDNs. The EO also prohibits donations to the blocked persons.

South Sudan remains subject to normal export controls administered by BIS. Meanwhile, no changes have been made to the comprehensive U.S. sanctions on the Republic of Sudan (North Sudan).

Sources: OFAC Recent Actions and International Trade Law News

April 15, 2013 – Sudan General License Issued

Today, OFAC has issued a general license to authorize certain academic and professional exchange activities between the United States and Sudan, which are otherwise prohibited by the Sudanese Sanctions Regulations (31 C.F.R. Part 538). The general license allows U.S. academic institutions to establish and operate academic exchange programs with academic institutions in Sudan, as set forth in the general license. The general license also authorizes, for the benefit of persons in Sudan, the administration by U.S. persons of professional certificate and university entrance examinations and the conduct by U.S. persons of professional training seminars in multiple subject areas on a not-for-profit basis. Finally, the general license permits certain U.S. persons to conduct research in Sudan for noncommercial studies. For each of the activities listed in the general license, the financial transactions and the release of certain technology associated with and ordinarily incident to the activity are also authorized by the general license. OFAC Recent Actions

January 08, 2013 – Terrorist Designations of Abdelbasit Alhaj Alhassan Haj Hamad and Mohamed Makawi Ibrahim Mohamed

The U.S. Department of State has designated Abdelbasit Alhaj Alhassan Haj Hamad and Mohamed Makawi Ibrahim Mohamed under Executive Order 13224, which targets terrorists and those providing support to terrorists or acts of terrorism. As a result of this designation, all property subject to U.S. jurisdiction in which Abdelbasit and Makawi have any interest is blocked and any assets they may have under U.S. jurisdiction are frozen. U.S. persons are generally prohibited from engaging in transactions with them. This action will help stem the flow of financial and other assistance to these terrorists.

Abdelbasit and Makawi participated in an armed attack in Khartoum, Sudan on January 1, 2008, which resulted in the deaths of a U.S. diplomat serving with the U.S. Agency for International Development (USAID), John Michael Granville, and Adbelrahman Abbas Rahama, a Sudanese USAID employee. Abdelbasit shot Granville and Makawi killed Abbas Rahama during the attack. Both Abdelbasit and Makawi were convicted of murder and sentenced to death in a Sudanese criminal court in 2009. In 2010, they killed a Sudanese police officer and wounded another while escaping from prison. They remain at large.

The attack occurred when Granville and Abbas were leaving a New Year’s Eve party in Khartoum. Abdelbasit shot Granville and Makawi killed Abbas Rahama during the attack. Both men and two co-conspirators were convicted of murder and sentenced to death in a Sudanese criminal court in 2009. In 2010, they killed a Sudanese police officer and wounded another while escaping from a maximum security prison through a tunnel. One of the escapees was captured; another was reportedly killed in Somalia in May 2011.

US Department of State Press Release & OFAC Recent Actions

Rewards for Justice – Reward Offers in USAID Murders Case

February 1, 2012 – The following deletions have been made to OFAC’s SDN list

PEOPLE’S CO-OPERATIVE BANK, P.O. Box 922, Khartoum, Sudan [SUDAN]
UNITY BANK, Bariman Avenue, P.O. Box 408, Khartoum, Sudan; Now part of BANK OF KHARTOUM GROUP [SUDAN]

December 08, 2011 – General Licenses Authorizing Activities Relating to Oil and Transshipment With Respect to the Republic of South Sudan

OFAC is amending the Sudanese Sanctions Regulations by issuing two general licenses that authorize all activities and transactions relating to the petroleum and petrochemical industries in the Republic of South Sudan and related financial transactions and the transshipment of goods, technology, and services through Sudan to or from the Republic of South Sudan and related financial transactions. OFAC also is amending an existing general license to broaden its authorization with respect to the importation of certain Sudanese-origin services and to add an authorization for activities related to Sudanese persons’ travel to the United States. Lastly, OFAC is making technical changes to the Sudanese Sanctions Regulations, including changes to reflect the formation by Southern Sudan of the independent state of the Republic of South Sudan on July 9, 2011.

Click here for a fact sheet regarding activities in the Republic of South Sudan.

November 02, 2011 – WASHINGTON Nov 1 (Reuters) – U.S. President Barack Obama on Tuesday (Nov 01, 2011) extended sanctions on Sudan for another year, saying Khartoum’s policies had not yet improved enough to warrant their removal.

Obama’s order maintains several sets of U.S. sanctions imposed since 1997 which restrict U.S. trade and investment with Sudan and block the assets of the Sudanese government and certain officials.

(Source: Reuters Africa)

October 19, 2011 – OFAC QA on the Bank of Southern Sudan

Questions Regarding the Central Bank of South Sudan

Is the new Bank of South Sudan still considered to be part of or linked to the Central Bank of Sudan or the Government of Sudan?
No. Since the independence of the new Republic of South Sudan on July 9, 2011, the former Bank of Southern Sudan, sometimes referred to as the Bank of South Sudan, has been established as the new central bank of the Republic of South Sudan. It is no longer a subsidiary of or linked to the Bank of Sudan, and no longer considered to be the Government of Sudan under the Sudanese Sanctions Regulations, 31 C.F.R. Part 538. U.S. persons may deal in property and interests in property of the Bank of South Sudan so long as those dealings do not otherwise violate the Sudanese Sanctions Regulations or other U.S. laws. [07-09-11]

October 13, 2011 – General License on Food – 31 CFR Parts 538 – The Department of the Treasury’s Office of Foreign Assets Control (‘‘OFAC’’) is adopting as final, with changes, a previously issued interim final rule. These changes primarily amend the Sudanese Sanctions Regulations and the Iranian Transactions Regulations by issuing general licenses that authorize the exportation or re-exportation of food to individuals and entities in an area of Sudan other than the Specified Areas of Sudan and in Iran. Certain specified food items, as well as exports to certain persons, requiring a greater level of scrutiny are excluded from the general licenses. – Effective Date: October 12, 2011.

Federal Register / Vol. 76, No. 197 / Wednesday, October 12, 2011 / Rules and Regulations

June 30, 2011 – Updated OFAC Sanctions 31 CFR Chapter V The Department of the Treasury’s Office of Foreign Assets Control (OFAC) is amending 31 CFR chapter V to replace the list of persons (which includes individuals and entities) with whom transactions and dealings are prohibited by the various economic sanctions programs administered by OFAC that appears at Appendix A to 31 CFR chapter V with information on how to obtain up-to-date lists of such persons on OFAC’s Web site or by other means.

OFAC also is removing Appendix B to 31 CFR chapter V, which includes the names of certain blocked vessels. In addition, OFAC is amending its regulations for a number of the sanctions programs it administers to revise references to Appendix A and to remove references to Appendix B.

Finally, OFAC is amending the Iranian Transactions Regulations, by republishing in alphabetical order the entire list of persons identified in Appendix A to 31 CFR Part 560, to reflect changes to the list since that appendix was last published. Federal Register / Vol. 76, No. 126 / Thursday, June 30, 2011 / Rules and Regulations

538 – SUDAN – SDN List + Please refer to the Office of Foreign Assets Control’s Specially Designated Nationals and Blocked Persons List (‘‘SDN List’’) for a non-exhaustive listing of persons determined to fall within this definition, whose property and interests in property therefore are blocked pursuant to this part.

546 – SUDAN – DARFUR – SDN List + Additional information pertaining to the SDN List can be found in Appendix A to this chapter. See § 546.411 concerning entities that may not be listed on the SDN List but whose property and interests in property are nevertheless blocked pursuant to paragraph (a) of this section.

§ 546.411 Entities owned by a person whose property and interests in property are blocked. A person whose property and interests in property are blocked pursuant to §546.201(a) has an interest in all property and interests in property of an entity in which it owns, directly or indirectly, a 50 percent or greater interest. The property and interests in property of such an entity, therefore, are blocked, and such an entity is a person whose property and interests in property are blocked pursuant to §546.201(a), regardless of whether the entity itself is listed in the Annex to Executive Order 13400 or designated pursuant to §546.201(a).

June 21, 2011 – OFAC Guidance on the Donations of Food and Medicine to Iran and the Non-Specified Areas of Sudan

Donations of food and medicine to Iran and the non-Specified Areas of Sudan, when intended to be used to relieve human suffering, are exempt from the prohibitions of the Iranian Transaction Regulations (“ITR”) and the Sudanese Sanctions Regulations (“SSR”); thus, such donations by U.S. persons do not require an ITR or SSR license issued pursuant to the Trade Sanctions Reform and Export Enhancement Act of 2000 (“TSRA”). However, the commercial exportation or reexportation of food and medicine to Iran and the non-Specified Areas of Sudan is subject to the licensing requirements of TSRA. OFAC generally regards the exportation or reexportation of medical devices, donated or commercial, to be subject to the TSRA and therefore to require a TSRA license. In addition, the donation of funds to a non-US person for the purchase of food, medicine, or medical devices to be exported to Iran or the non-Specified Areas of Sudan would require a license. OFAC Guidance

May 26, 2011 – The following deletions have been made to OFAC’s SDN list

BANK OF KHARTOUM GROUP (a.k.a. NATIONAL EXPORT-IMPORT BANK), Sudanese Kuwait Commercial Centre, Nile Street, P.O. Box 2732, Khartoum, Sudan [SUDAN]
NATIONAL EXPORT-IMPORT BANK (n.k.a. BANK OF KHARTOUM GROUP), Sudanese Kuwait Commercial Centre, Nile Street, P.O. Box 2732, Khartoum, Sudan [SUDAN]

April 12, 2011 – OFAC released Guidance notes on the South of Sudan – When the new state is formed by Southern Sudan, it will not be included in the territorial boundaries of Sudan nor be governed by the Government of Sudan. Following interagency consultations, OFAC has concluded that the Sudanese Sanction Regulation (SSR) will continue to apply only to Sudan and the Government of Sudan, and that such a new state and its government will not be subject to them.

The fact that the SSR will continue to apply only with respect to the future, smaller Sudan and its government is consistent with the fact that the President issued E.O.s 13067 and 13412 to deal with the threat that the policies and actions of the Government of Sudan pose to the national security and foreign policy of the United States.

While the new state formed by Southern Sudan will no longer be directly subject to OFAC sanctions, certain activities by U.S. persons in the new state will continue to be prohibited by the SSR absent OFAC authorization given the interdependence between some sectors of the Southern Sudanese economy and infrastructure and those of the rest of present-day Sudan. The SSR will continue to prohibit U.S. persons from dealing in property and interests in property of the Government of Sudan, from performing services that benefit Sudan or the Government of Sudan, from engaging in transactions relating to the petroleum or petrochemical industry in Sudan, and from participating in exports to or imports from the new state that transit through Sudan, see 31 C.F.R. §§ 538.406, 538.210, and 538.417.

For example, the SSR will prohibit a U.S. company, unless authorized by OFAC, from providing services to the petroleum industry in the new state if those services would benefit the Government of Sudan or relate to the petroleum industry in Sudan, or from transporting exports of petroleum or petrochemical products through Sudan. Further, should a revenue-sharing arrangement between Sudan and the new state result in a situation where the government of the new state makes payments to the Government of Sudan from the sale of Southern Sudanese petroleum, U.S. persons generally could not engage in transactions involving the oil industry in the new state unless authorized by OFAC. Information on applying for a license is set forth in section 501.801 of the Reporting, Procedures and Penalties Regulations, 31 C.F.R. Part 501. OFAC Guidance

On Embargo – In general it is a full embargo but with exempts since September 2009

Office of Foreign Assets Control 31 CFR Part 538 Sudanese Sanctions Regulations dated 10 September 2009

Comprehensive embargo prohibiting virtually all transactions with the Government or where ultimate benefit is into Sudan, including financial transactions, with limited exceptions.

Several banks have been designated and banned by OFAC, including there worldwide branches

In line with the sanctions on the government of Sudan, the UN implores business to refrain from activity linked with the Sudanese Government, and there is a ban on business in, for and with the petroleum and petrochemical industry by OFAC.

The Department of the Treasury’s Office of Foreign Assets Control (‘‘OFAC’’) is amending the Sudanese Sanctions Regulations by issuing a general license that authorizes the exportation and reexportation of agricultural commodities, medicine, and medical devices to the Specified Areas of Sudan, as well as the conduct of related transactions. The Specified Areas of Sudan are defined as Southern Sudan, Southern Kordofan/Nuba Mountains State, Blue Nile State, Abyei, Darfur, and marginalized areas in and around Khartoum. OFAC also is making conforming changes to the Sudanese Sanctions Regulations to reflect this authorization.

WASHINGTON (Reuters) – U.S. President Barack Obama formally renewed U.S. sanctions (for one year) on Sudan on 28th October 2009 under his new strategy of keeping up pressure while offering incentives to the Khartoum government.

OFAC Sanction

ITAR

ITAR Based sanctions, see chapter on ITAR for more detailed information

November 3, 1993 – 58 FR 49741
October 8, 1993 – 58 FR 52523
April 4, 1994 – 59 FR 15624
January 18, 2007 – 72 FR 02326 – Determination to provide non-lethal assistance under ITAR jurisdiction to the Gov. of Southern Sudan
May 9, 2007 – 72 FR 26281
December 18, 2007 – 72 FR 71575
May 16, 2008 – 73 FR 28545 – Determination to provide non-lethal assistance under ITAR jurisdiction to the Gov. of Southern Sudan

FATF Warning List

February 22, 2013 – As part of its on-going review of compliance with the AML/CFT standards, the FATF has to date identified the following jurisdiction (Sudan) which has strategic AML/CFT deficiencies for which it has developed an action plan with the FATF. Sudan has provided a written high-level political commitment to address the identified deficiencies. The FATF welcomes these commitments.

Note: Strategic Deficiencies Require Enhanced Due Diligence

The FATF calls on Sudan to complete the implementation of action plans expeditiously and within the proposed timeframes. The FATF will closely monitor the implementation of these action plans and encourages its members to consider the information presented in the link.

June 22, 2012 – As part of its on-going review of compliance with the AML/CFT standards, the FATF has to date identified the following jurisdiction (Sudan) which has strategic AML/CFT deficiencies for which it has developed an action plan with the FATF. Sudan has provided a written high-level political commitment to address the identified deficiencies. The FATF welcomes these commitments.

Note: Strategic Deficiencies Require Enhanced Due Diligence

February 16, 2012 – The Financial Action Task Force (FATF) is the global standard setting body for anti-money laundering and combating the financing of terrorism (AML/CFT). In order to protect the international financial system from ML/FT risks and to encourage greater compliance with the AML/CFT standards, the FATF identified jurisdictions that have strategic deficiencies and works with them to address those deficiencies that pose a risk to the international financial system.

As part of its ongoing review of compliance with the AML/CFT standards, the FATF has identified that this jurisdictions (Sudan) has AML/CFT deficiencies for which it has developed an action plan with the FATF.

NOTE-1: Strategic deficiencies require Enhanced Due Diligence

NOTE-2: FATF members and other jurisdictions should apply counter-measures to protect the international financial system from the on-going and substantial money laundering and terrorist financing (ML/TF) risks emanating from the jurisdictions Iran and North Korea.

The FATF and the FSRBs will continue to work with this jurisdiction and to report on the progress made in addressing the identified deficiencies. The FATF calls on the jurisdiction to complete the implementation of action plans expeditiously and within the proposed time frames. All member states should treat this jurisdiction (Sudan) with vigilance FATF Public Statement – February 16, 2012

June 24, 2011 – The Financial Action Task Force (FATF) is the global standard setting body for anti-money laundering and combating the financing of terrorism (AML/CFT). In order to protect the international financial system from ML/FT risks and to encourage greater compliance with the AML/CFT standards, the FATF identified jurisdictions that have strategic deficiencies and works with them to address those deficiencies that pose a risk to the international financial system.