OFAC FAQ (Removed) # 490 - General License Authorizing Transactions Involving Sudan (31 C.F.R. § 538.540)

Date issued: Jan. 13 2017

TURBOFAC Commentary (269 words)

Notes:

1) On 6/28/2018, OFAC removed the Sudan Regulations from the CFR altogether, so the source of the ability to transact generally with Sudan is no longer the general license at 538.540, but rather the absence of any prohibition.

See https://home.treasury.gov/system/files/126/fr83_30539.pdf

2) Note however that, as a result of Sudan remaining on the State Sponsors of Terrorism list, and the connection between that list and TSRA, OFAC still subjects exports of TSRA-covered items (and only those) to its jurisdiction. See the General License at 596.506 of the Terrorism List Governments Sanctions Regulations. That provision generally licenses exports of items covered within the scope of TSRA "provided that the exports and reexports are shipped within the 12-month period beginning on the date of the signing of the contract for export or reexport." Note that now that the SSR has been repealed, it is only exports within the scope of TSRA that are subject to the 12-month rule. The result is anomalous insofar as Congress apparently did not foresee a situation in which a country would remain on the State Sponsors of Terror list but not be subject to any export sanctions, but the "12-month rule" result is required by TSRA.

[12-14-2020 UPDATE - 596.506 appears to be obsolete, following the Dec. 14, 2020 removal of Sudan from the State Sponsors of Terrorism list. See comments to 596.506.]

*FAQ Removed on Aug. 11, 2020 (see https://web.archive.org/web/20221207223105/https://home.treasury.gov/policy-issues/financial-sanctions/recent-actions/20200811).