Sudan Sanctions
The first sanctions against Sudan were introduced in 1997 by the President of the United States, Bill Clinton. The reason for implementing such sanctions was that the government of Sudan was supporting international terrorist activities. As a result, export-import relations with Sudan were prohibited, and the U.S. Department of the Treasury froze all assets and banned all travel. However, starting from 2020, Sudan was removed from the list of state sponsors of terrorism. Despite the fact that some sections of the sanctions regulations were repealed as early as 2017, other restrictions remain in effect.
Why Sanctions Were Imposed on Sudan?
Before the imposition of sanctions, a rift occurred in U.S.-Sudan relations. Diplomatic relations between the two countries were first established in 1956 when Sudan became an independent state. However, over time, the Sudanese government declared war on Israel, leading to the severance of all diplomatic ties.
Although the 1980s marked a period of renewed cooperation, relations were broken again after a military coup in 1989. U.S. sanctions against Sudan were imposed due to allegations that Sudan was involved in:
- Supporting international terrorism;
- Persistent attempts to destabilize neighboring countries;
- Violating human rights.
As a result, the U.S. government issued Executive Order 13067, which established certain Sudan related sanctions, such as a trade embargo and froze the assets of the Sudanese government.
Sudan Sanctions Regime
In 2006, an additional package of Sudan sanctions was imposed through Executive Order 13400. These sanctions were introduced in response to consistent violations of human rights and breaches of international humanitarian law in the Darfur region.
Experienced sanctions attorneys recommend consulting the current list of all active sanctions to ensure compliance with the law and avoid violations.
Restrictions on the Supply of Weapons or Related Materials
An arms embargo is one of the most common types of sanctions. Such prohibitions apply to all activities of the state as well as to other countries that are prohibited from supplying arms or components related to weaponry. Sudan faces significant restrictions on the supply of weapons, with the quantity and specific conditions of such supplies regulated by the United Nations Security Council.
Restrictions on Providing Certain Services
The primary goal of the U.S. Office of Foreign Assets Control (OFAC) sanctions against Sudan is to limit the activities of profitable businesses in the country. The U.S. government employs various sanctions to prevent the Sudanese government from enriching itself or replenishing the national treasury, which supports international terrorist activities. As a result, all transactions related to services in Sudan’s oil and petroleum extraction industries have been prohibited.
Restrictions on Providing Assets to Specified Individuals or Organizations
Financial sanctions and OFAC penalties target a specific list of individuals, companies, and enterprises, including:
- The freezing of all foreign assets belonging to the Sudanese government;
- Restricted access to international financial markets;
- The termination of financing for specific individuals or companies.
Violations of sanctions conditions against Sudan result in the imposition of federal penalties.
Restrictions on Transactions Involving the Assets of Specified Individuals or Organizations (Asset Freezing Requirement)
Asset freezing measures are applied to certain individuals held accountable for illegal actions by government representatives. As a result, such individuals are prohibited from using their assets located outside Sudan, as these assets are frozen.
Travel Restrictions
Movement-related sanctions target individuals responsible for unlawful actions by government representatives. Such individuals are prohibited from leaving Sudan without appropriate authorization or notification of their movements.
Additional restrictions also apply to the free movement of communication means to other countries. In most cases, this refers to air transportation between Sudan and other states.
OFAC General License
To prevent violations of OFAC sanctions against Sudan, special general licenses have been developed. These licenses are available to all organizations and companies engaged in activities related to humanitarian aid or religious work. This applies to all organizations already operating in specific areas of Sudan or those planning to establish a presence there.
To obtain a general license, organizations must submit an application for licensing or registration through OFAC. However, a lack of understanding of the licensing process often leads to various issues. To address this, organizations are advised to seek assistance from OFAC attorneys who can provide detailed guidance on all mandatory procedures.
Concequeсes for sanctions violations
Violating OFAC sanctions against Sudan results in numerous challenges for individuals and organizations. Most commonly, a notice of violation will be sent through an administrative subpoena or an internal investigation will be initiated.
Potential penalties include:
Criminal penalties;
Fines, the amount of which depends on the specific sanctions violated (including criminal fines of up to $1 million);
Imprisonment for up to 20 years.
This list of penalties applies to anyone who deliberately violates sanctions, attempts to violate them, conspires with others to breach sanctions, or takes actions that provoke violations of executive orders necessary to implement sanctions against Sudan.
OFAC Sanctions Lawyers
To avoid violating Sudan sanctions and facing severe consequences, it is essential to consult with an experienced sanctions attorney.
Lawyers at Sanctions law firm offer the following services:
- Providing consultations to explain all restrictions and regulations outlined in the OFAC sanctions program against Sudan.
- Ensuring the protection of the rights, freedoms, and interests of every client.
- Assisting clients during proceedings related to sanctions violations, including both pretrial and court hearings.
Our experienced specialists closely monitor all developments regarding OFAC sanctions programs. If you are facing issues related to OFAC sanctions against Sudan, our attorneys are here to assist you. Contact us today!
