OFAC TSRA FAQ - 5

Date issued: Apr. 12 2021

TURBOFAC Commentary (435 words)

Notes:

1) FAQ amended on 4/12/2020 to specify that “no license from OFAC is required for exports or reexports of agricultural commodities, medicine, or medical devices to Sudan or the Government of Sudan, or for financing such exports or reexports.” The reference to December 14, 2020 is the date on which Sudan was formally removed from the State Sponsors of Terror list.

The FAQ as it appeared prior to 4/12/2020 is reproduced below -- note that OFAC confirms here that 596.506 of the TLGSR no longer applied to Sudan as of December 14, 2020, notwithstanding the amount of time that 596.506 of the TLGSR remained/remains in the CFR, placing restrictions on Sudan.

Question 5: I am an exporter of agricultural commodities, medicine, or medical devices to Sudan and have previously obtained specific licenses from OFAC for such exports. Do I still need to apply for a specific license from OFAC for exports or reexports of such items to Sudan?

No. As of January 17, 2017, a specific license from OFAC is not required for exports or reexports of agricultural commodities, medicine, or medical devices to Sudan or the Government of Sudan, or for financing such exports or reexports. However, because Sudan remains on the State Sponsors of Terrorism List (SST List), the Trade Sanctions Reform and Export Enhancement Act of 2000 (TSRA) requires OFAC authorization for certain exports and reexports to SST List countries like Sudan. These activities are authorized by OFAC pursuant to a general license set forth in the Terrorism List Government Sanctions Regulations, 31 C.F.R. part 596 (TLGSR), at 31 C.F.R. § 596.506 to the extent prohibited by those regulations.

These activities previously were authorized by Sudan General License A and then a general license set forth in 31 C.F.R. § 538.540, prior to the October 12, 2017 effective date of the President’s revocation of the Executive Order provisions authorizing the Sudanese Sanctions Regulations, 31 C.F.R. part 530 (SSR), and OFAC’s resulting June 29, 2018 removal of the SSR from the C.F.R.

Consistent with 31 C.F.R. § 501.801, OFAC generally does not issue specific licenses authorizing transactions that are authorized by an existing general license. However, pursuant to the aforementioned general licenses, which implement certain requirements of the TSRA, any exports or reexports of agricultural commodities, medicine, or medical devices to the Government of Sudan, to any entity in Sudan, or to any person in a third country purchasing specifically for resale to any of the foregoing, must be shipped within 12 months of the date of the signing of the contract for the relevant export or reexport. [08-11-2020]