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The national emergency declared with respect to the Government of Sudan in Executive Order (E.O.) 13067 of November 3, 1997 — as expanded upon in scope by subsequent E.O.s — remains in effect. As detailed below, certain sanctions have been imposed and others have been lifted pursuant to that national emergency, in response to developments in Sudan.
The following sanctions authorities are in effect with respect to Sudan:
- E.O. 14098 of May 04, 2023, among other things, authorizes the imposition of sanctions on foreign persons to address the situation in Sudan following the military's seizure of power in October 2021 and the outbreak of inter-service fighting in April 2023, and to support a transition to democracy and civilian transitional government in Sudan.
- E.O. 13400 of April 26, 2006 imposes sanctions on individuals and entities in connection with the conflict in Darfur and, in part, implements sanctions with respect to that conflict adopted by the United Nations Security Council.
The following sanctions authorities are no longer in effect with respect to Sudan:
- Effective October 12, 2017, sections 1 and 2 of E.O. 13067 of November 03, 1997 and all of E.O. 13412 of October 13, 2006 were revoked, pursuant to E.O. 13761 of January 13, 2017, as amended by E.O. 13804 of July 11, 2017. To reflect this revocation of authorities, OFAC removed the Sudanese Sanctions Regulations, 31 CFR part 538 (SSR) from the Code of Federal Regulations (CFR) on June 29, 2018. U.S. persons are not broadly prohibited from engaging in transactions with respect to Sudan or the Government of Sudan that were previously prohibited solely by the SSR. In addition, following the revocation of sections 1 and 2 of E.O. 13067 and E.O. 13412, persons designated solely pursuant to the blocking authorities of E.O. 13067 or E.O. 13412 were removed from OFAC's List of Specially Designated Nationals and Blocked Persons (SDN List).
- The determination regarding Sudan as a State Sponsor of Terrorism was rescinded on December 14, 2020. Accordingly, Sudan is no longer subject to prohibitions under the Terrorism List Governments Sanctions Regulations, 31 CFR part 596 (TLGSR), or section 906(a)(1) of the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7205).
- Note that the revocation of the aforementioned sanctions authorities does not affect past, present, or future OFAC enforcement investigations or actions associated with any apparent violations of the SSR that occurred prior to October 12, 2017 or of the TLGSR prior to December 14, 2020.
IMPORTANT ADVISORIES
Risks and Considerations for U.S. Businesses Operating in Sudan (May 23, 2022)
FREQUENTLY ASKED QUESTIONS
OFAC has compiled hundreds of frequently asked questions (FAQs) about its sanctions programs and related policies. The links below send the user to OFAC's FAQ pages.
- Questions Regarding Non-Governmental Organization (NGO) Registration Numbers for Activities in Sudan
- OFAC Frequently Asked Questions
INTERPRETIVE GUIDANCE
OFAC issues interpretive guidance on specific issues related to the sanctions programs it administers. These interpretations of OFAC policy are sometimes published in response to a public request for guidance or may be released proactively by OFAC in order to address a complex topic.
- Guidance on the Provision of Certain Services Relating to the Requirements of U.S. Sanctions Laws (January 12, 2017)
- Guidance on Certain Publishing Activities (October 28, 2016)
- Interpretive Guidance - Prohibitions Imposed by Executive Order 13412; Transshipments of Goods and Financial Transactions Conducted through Certain Areas of Sudan (November 17, 2006)
- Index of Interpretative Guidance - Interpretative Rulings on OFAC Policy
APPLYING FOR A SPECIFIC OFAC LICENSE
It may be in your and the U.S. government's interest to authorize particular economic activity that otherwise would be prohibited. A specific license may be required if a proposed transaction implicates prohibitions under OFAC-administered sanctions related to Sudan. Visit the link below to apply for an OFAC license.
- Apply for an OFAC License Online - Authorization from OFAC to engage in a transaction that otherwise would be prohibited
GUIDANCE ON OFAC LICENSING POLICY
Certain activities prohibited by OFAC-administered sanctions related to Sudan may be authorized by OFAC. OFAC has issued guidance and statements on specific licensing policies, below, as they relate to Sudan-related sanctions.
- Licenses for Legal Fees and Costs - Guidance on the Release of Limited Amounts of Blocked Funds for Payment of Legal Fees and Costs Incurred in Challenging the Blocking of U.S. Persons in Administrative or Civil Proceedings
- Entities Owned By Blocked Persons - Guidance On Entities Owned By Persons Whose Property And Interests In Property Are Blocked
GENERAL LICENSES
OFAC issues general licenses in order to authorize certain activities that would otherwise be prohibited by OFAC-administered sanctions related to Sudan. General licenses allow all U.S. persons to engage in the activity described in the general license without needing to apply for a specific license.
- Sudan General License Number 1 - Official Business of Certain International Organizations and Entities (June 01, 2023)
- Sudan General License Number 2 - Certain Transactions in Support of Nongovernmental Organizations' Activities (June 01, 2023)
- Sudan General License Number 3 - Transactions Related to the Provision of Agricultural Commodities, Medicine, Medical Devices, Replacement Parts and Components, or Software Updates, and the Extraction, Processing, Transport, Sale, or Distribution of Water in Sudan (June 01, 2023)
- Sudan General License Number 4 - Authorizing the Wind Down of Transactions Involving Defense Industries System or Al Junaid Multi Activities Co Ltd. (June 01, 2023)
- Archive of Expired General Licenses
LEGAL FRAMEWORK FOR THE SUDAN AND DARFUR SANCTIONS
The Sudan-related sanctions represent the implementation of multiple legal authorities. Some of these authorities are in the form of Executive orders issued by the President. Other authorities are public laws (statutes) passed by the Congress. These authorities are further codified by OFAC in its regulations which are published in the Code of Federal Regulations (CFR). Modifications to these regulations are published in the Federal Register. In addition to all of these authorities, OFAC may also implement United Nations Security Council Resolutions (UNSCRs) with regard to Sudan, including Darfur.
Executive Orders
- 14098 - Imposing Sanctions on Certain Persons Destabilizing Sudan and Undermining the Goal of a Democratic Transition (May 04, 2023)
- 13804 - Allowing Additional Time for Recognizing Positive Actions by the Government of Sudan and Amending Executive Order 13671 (July 11, 2017)
- 13761 - Recognizing Positive Actions by the Government of Sudan and Providing for the Revocation of Certain Sudan-Related Sanctions (January 13, 2017)
- 13412 - Blocking Property and Prohibiting Transactions With the Government of Sudan (October 13, 2006)
- 13400 - Blocking Property of Persons in Connection With the Conflict in Sudan's Darfur Region (Effective Date - April 27, 2006)
- 13067 - Blocking Sudanese Government Property and Prohibiting Transactions With Sudan (Effective Date - November 04, 1997)
Statutes
- Darfur Peace and Accountability Act of 2006 (DPAA), PL 109-344 (50 U.S.C. § 1701 note)
- Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), 18 U.S.C. § 2332d
- International Emergency Economic Powers Act (IEEPA), 50 U.S.C. §§ 1701-1706
- National Emergencies Act (NEA), 50 U.S.C. §§ 1601-1651
- Section 5 of the United Nations Participation Act of 1945 (UNPA), 22 U.S.C. § 287c
Code of Federal Regulations
- 31 CFR Part 546 - Sudan Stabilization Sanctions Regulations
Federal Register Notices
- 89 FR 67556-24 - Correction of References in the Sudan Stabilization Sanctions Regulations
- 89 FR 15744-23 - Renaming the Darfur Sanctions Regulations as the Sudan Stabilization Sanctions Regulations; Amendments implementing Executive Order 14098, "Imposing Sanctions on Certain Persons Destabilizing Sudan and Undermining the Goal of a Democratic Transition," issued on May 04, 2023
- 87 FR 78484-22 - Addition of General Licenses for Certain Transactions of Nongovernmental Organizations and Related to Agricultural Commodities, Medicine, Medical Devices, Replacement Parts and Components, or Software Updates for Medical devices
- 87 FR 78470-22 - Addition of General Licenses for the Official Business of the United States Government and Certain International Organizations and Entities and Updates to the 50 Percent Rule
- 86 FR 27273-21 - Terrorism List Governments Sanctions Regulations: Amendment to implement the rescission of the designation of Sudan as a State Sponsor of Terrorism
- 85 FR 82565-20 - Rescission of Determination Regarding Sudan
- 83 FR 30539-18 - Removal of the Sudanese Sanctions Regulations and Amendment of the Terrorism List Governments Sanctions Regulations
- 82 FR 4793-17 - Amendment to the Sudanese Sanctions Regulations (SSR) adding a new general license authorizing all transactions prohibited under the SSR
- 80 FR 8531-15 - Adding a General License pertaining to certain software, hardware, and services incident to personal communications
- 76 FR 76617-11 - Amendments to authorize activities relating to oil and transshipment with respect to the Republic of South Sudan
- 76 FR 63197-11 - Amendments to authorize certain consular funds transfers and the transportation of human remains
- 76 FR 63191-11 - Amendments to authorize the exportation or reexportation of food items
- 75 FR 10997-10 - Amendments to authorize certain types of exportation
- 74 FR 61030-09 - Changes to the Trade Sanctions Reform and Export Enhancement Act of 2000 ("TSRA")
- 74 FR 27433-09 - Amendment to expand the authorization of certain imports
- 74 FR 25430-09 - Darfur Sanctions Regulations - New regulations to implement Executive Order 13400
- 72 FR 61513-07 - Amendment to implement Executive Order 13412
- 72 FR 50047-07 - Revision to the general license for certain publishing activities
- 72 FR 15831-07 - Amendment related to the movement of goods via diplomatic pouch
- 72 FR 12980-07 - Clarification of licenses for the exportation of agricultural commodities, medicine and medical devices
- 71 FR 29251-06 - Revisions to IEEPA made by the Combating Terrorism Financing Act of 2005
- 70 FR 34060-05 - Reporting, Procedures and Penalties Regulations and Sudanese Sanctions Regulations - Amendment to issue two general licenses
- 69 FR 75468-04 - Revision to authorize certain publishing activities
- 66 FR 36683-01 - Exports of Agricultural Products, Medicines, and Medical Devices to Cuba, Sudan, Libya, and Iran - Amendments to implement the Trade Sanctions Reform and Export Enhancement Act of 2000 ("TSRA")
United Nations Security Council Resolutions
- 1672 - Stressing again its firm commitment to the cause of peace throughout Sudan, including through the African Union-led inter-Sudanese peace talks in Abuja, Nigeria ("Abuja Talks"), full implementation of the Comprehensive Peace Agreement of 9 January 2005 and an end to the violence and atrocities in Darfur. (April 25, 2006)
- 1591 - Expressing its utmost concern over the dire consequences of the prolonged conflict for the civilian population in the Darfur region as well as throughout Sudan, in particular the increase in the number of refugees and internally displaced persons. (March 29, 2005)
- 1070 - Regretting the fact that the Government of Sudan has not yet complied with the requests of the Central Organ of the OAU set out in those statements (August 16, 1996)
- 1054 - Deeply alarmed that the Government of Sudan has failed to comply with the requests set out in paragraph 4 of resolution 1044 (1996) (April 26, 1996)
- 1044 - Calls upon the Government of the Sudan to comply with the requests of the Organization of African Unity without further delay (January 31, 1996)