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Case No. SU-1524
FAC No. SU-242039
Mr. Chris [ ]
Timken South Africa (Pty) Ltd Private Bag 3
Dunswart 1508 SOUTH AFRICA
Dear Mr. [ ]:
This is in response to your June 2, 2005 license application for the export to Sudan of roller bearings and associated parts, (collectively "the Items"), as part of a food distribution project administered by The Food Aid Organization (the "FAO") of the United Nations. We apologize for the delay in responding to your request.
The Sudanese Sanctions Regulations, 31 C.F.R. Part 538 (the "SSR"), generally prohibit the exportation, reexportation, sale or supply, directly or indirectly, from the United States or by a U.S. person, wherever located, of any goods, technology or services to Sudan or the Government of Sudan. SSR, § 538.205. This prohibition applies to the exportation, reexportation, sale...
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1) At the time this guidance letter was issued, there was a prohibition on the re-exportation (by non-U.S. persons) of goods to Sudan “requiring the issuance of a license by a Federal agency” (https://www.govinfo.gov/content/pkg/CFR-2008-title31-vol3/xml/CFR-2008-title31-vol3-part538.xml#seqnum538.205). This appears to be the reason why the non-U.S. person subsidiary of a U.S. person ball bearing producer requested an OFAC license for the exportation of goods “as part of a food distribution project administered by The Food Aid Organization (the ‘FAO’) of the United Nations”. The OFAC determination is a relatively straightforward application of the GL for “transactions and activities that are for the conduct of official business of UN specialized agencies, programmes, and funds by employees, contractors, or grantees thereof”. Whether Timken South Africa (Pty) Ltd is either a direct contractor of the FAO, or just an entity supplying goods to a different...