Last week, the U.S. Treasury Department's Office of Foreign Assets Control (OFAC) revoked certain sanctions with respect to Sudan and the Government of Sudan. With this removal, there has been some confusion over whether sales to Sudan are now permitted.
In general, any item or technology classified under the Commerce Control List (CCL) of the Export Administration Regulations (EAR) still requires export authorization from the Commerce Department's Bureau of Industry and Security (BIS). Typically, this means that a license is required when exporting these items to Sudan.
There are some exemptions for narrow cases. For example, items designated as EAR99 are outside of the scope of BIS's licensing requirements. There are also some License Exceptions available for exports to Sudan, including License Exception CCD, which authorizes the export of certain mass-market communications-related devices to Sudan.
Sudan is still considered a state-sponsor of terrorism and therefore remains subject to Anti-Terrorism controls under the EAR, and is identified in Country Group E:1 of Supplement No. 1 to Part 740 of the EAR.
The removal of OFAC-administered sanctions on Sudan will have a greater impact on businesses that either do not export controlled products, that only operate a service from the United States (e.g., a cloud-based web service), or that are foreign companies reexporting certain U.S.-origin items.
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We would be happy to discuss any of these changes with you in more detail.