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Case No. SU-2464
Suzanne Bishopric
Treasurer
United Nations
Office of Programme Planning
Budget and Accounts
New York, NY 10017
Dear Ms. Bishopric:
This responds to your correspondence of October 24, 2007, on behalf of the United Nations (“UN”), to the United States Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), requesting guidance regarding OFAC requirements for any bank selected by the UN to provide banking services to the new UN peacekeeping mission in Darfur, the African-Union-UN Hybrid Operation in Darfur (“UNAMID”).
The Sudanese Sanctions Regulations, 31 C.F.R. Part 538 (the “SSR”) prohibit the exportation or reexportation, directly or indirectly, to Sudan of any goods, technology or services from the United States or by a U.S. person, wherever located, or requiring the issuance of a license by a Federal agency. SSR, §...
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1) Several guidance letters in the Research System confirm that the provision of general banking services to UN agencies is authorized by the standard official business exemptions/GLs (see e.g. Case No. SY-2012-298921-1), but this case is notable for the fact that OFAC appears to categorically take the position that all UNAMID-related transactions are covered. However, UNAMID, as suggested in the letter, is a “hybrid” operation (a sort of intergovernmental JV) between the UN and the African Union, the latter of which is not covered by the official business GL at issue here. For more information on UNAMID, see https://en.wikipedia.org/wiki/United_Nations_Security_Council_Resolution_1769, https://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27-4E9C-8CD3-CF6E4FF96FF9%7D/CAC%20SRES%201769.pdf and https://digitallibrary.un.org/record/601024?ln=en&v=pdf, as well as the below for an overview of the split responsibilities:
As stated in the communiqué of the African Union Peace and Security Council f 30 November,...