Case No. SU-2015-315443-1

Date issued: Jan. 06 2016

Last substantive commentary amendment:
Sep. 03 2023

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TURBOFAC Commentary (1051 words)

Notes:

1) BACKGROUND

At the time this guidance letter was issued, Sudan was subject to a comprehensive embargo. See https://www.govinfo.gov/content/pkg/CFR-2016-title31-vol3/xml/CFR-2016-title31-vol3-part538.xml#seqnum538.209 for the Sudanese Sanctions Regulations (SSR) as they existed at the relevant time. The SSR had a standard export prohibition stating that “the exportation or reexportation, directly or indirectly, to Sudan of any goods, technology (including technical data, software, or other information) or services from the United States or by a United States person, wherever located…is prohibited.” (538.205). In addition, there was an unusual prohibition against “Any transaction by a U.S. person relating to transportation of cargo to or from Sudan” and “The provision of transportation of cargo to or from the United States by any Sudanese person or any vessel or aircraft of Sudanese registration…” (538.209).

The SSR also contained an...