US sanctions timeline
THE ORIGINAL SANCTIONS
Nov 3, 1997
Executive Order 13067
implemented by Sudanese
Sanctions Regulations, 31 CFR part 538
On November 3, 1997, President Clinton, invoking the authority, inter alia, of the International Emergency Economic Powers Act (50 U.S.C. 1701–1706), issued Executive Order 13067 (62 FR 59989, November 5, 1997).
The order declared a national emergency with respect to the policies and actions of the Government of Sudan, “including continued support for international terrorism; ongoing efforts to destabilize neighboring governments; and the prevalence of human rights violations,
including slavery and the denial of religious freedom.”
To deal with this national emergency, Executive Order 13067 imposed trade sanctions with respect to Sudan and blocked all property and interests in property of the Government of Sudan in the United States or within the possession or control of U.S. persons.
The Sudanese
Sanctions Regulations, 31 CFR part 538 (the “SSR”), implement Executive Order 13067.
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GUM ARABIC ALLOWED
July 1 1998
OFAC publishes its regulations enforcing Executive Order 13067, which allows US companies to apply for licenses to import Sudanese gum arabic.
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AGRICULTURAL MEDICAL EXPORTS ALLOWED
Oct 28, 2000 – The Trade Sanctions Reform and Export Enhancement Act
The Trade Sanctions Reform and Export Enhancement Act of 2000, Title IX of Public Law 106–387 (October 28, 2000) (the “TSRA”), provides that the President shall terminate any unilateral agricultural sanction or unilateral medical sanction [exportation or reexportation] in effect as of the date of enactment of the TSRA.
[One year export licenses with special checks on fertlisers, live horses, western red cedar and medical devices]
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PUBLISHING MATERIALS ALLOWED
December 17, 2004
With certain exceptions, the exportation and importation of information and informational materials to or from any country are exempt from regulation by the President under TWEA and IEEPA. See 50 U.S.C. App. 5(b)(4) and 50 U.S.C. 1702(b)(3), respectively. OFAC is issuing the new general licenses set forth at 31 CFR 515.577, 31 CFR 538.529 and 31 CFR 560.538 to authorize transactions not
already exempt from regulation that directly support the publishing and marketing of manuscripts, books,
journals, and newspapers, in paper or electronic format.
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PERSONAL REMITTANCES AND 10% REEXPORTED US TECH ALLOWED
June 13, 2005
OFAC is also amending the Sudanese Sanctions Regulations, (the “SSR”). The amendments to the SSR include the issuance of two general licenses, effective June 13, 2005. One general license authorizes the operation of accounts in U.S. financial institutions under certain circumstances for individuals ordinarily resident in Sudan. The other general license authorizes U.S. depository institutions, U.S. registered brokers and dealers in securities, and U.S. registered money transmitters to process transfers of funds constituting noncommercial, personal remittances to or from Sudan or for or on behalf of individuals ordinarily resident in Sudan. Other amendments to the SSR include the removal of two regulatory provisions and the revision of a provision regarding reexportation of U.S.-origin goods, technology or software by non-U.S. persons, and
another revision of to reflect changes in OFAC’s procedure for imposing civil penalties.
§ 538.507 Reexports by non-U.S. persons. (a) Goods and technology subject to export license application requirements
under other United States regulations. The reexportation to Sudan or the Government of Sudan by a non-U.S. person of any goods or technology exported from the United States, the exportation of which to Sudan is subject to export or reexport license application requirements, is authorized under this section provided that the goods or technology:
(1) Have been incorporated into another product outside the United States and constitute 10 percent or less by value of that product exported from a third country; or
(2) Have been substantially transformed outside the United States.
Note to paragraph (a) of § 538.507: Notwithstanding the authorization set forth in paragraph (a), a non-U.S. person’s reexportation of goods, technology or software of U.S. origin that are subject to the Export Administration Regulations (15 CFR parts 730 through 774) may require specific
authorization from the Department of Commerce, Bureau of Industry and Security.
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April 26, 2006
Bush imposes sanctions on UN 4
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PENALTIES INCREASED
May 22, 2006
Background
On March 9, 2006, the President signed the Act into law as Public Law 109–177. Section 402 of the Act amended section 206 of IEEPA (50 U.S.C. 1705) by raising the maximum civil penalty for a violation, or attempted violation, of any license, order, or regulation issued under IEEPA to $50,000. The Act also increased the maximum term of imprisonment for a willful violation of any such license,
order, or regulation to 20 years. Accordingly, OFAC is amending the current IEEPA-based sanctions programs regulations to reflect the revised penalties prescribed by the Act.
PART 538—SUDANESE SANCTIONS
REGULATIONS
1. The authority citation for part 538 is revised to read as follows:
2. Amend § 538.701 in paragraph (a)(1) by removing “$11,000″ and adding in its place “$50,000″, and in paragraph (a)(2) by removing “10 years”
and adding in its place “twenty years”.
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Oct 13, 2006
Sanctions renewed. The US president, George W Bush, renewed wide-ranging economic sanctions against Sudan this month. In contrast to the original executive order for sanctions made under Bill Clinton in 1997, the new presidential order explicitly prohibits trade in either oil or petrochemicals. This prohibition includes oilfield services and work associated with hydrocarbons pipelines. The directive provides exceptions for economic activities in some areas of the country, notably southern Sudan, but adds the proviso that even in these areas transactions with the Sudanese government (except the regional government of southern Sudan) are prohibited.
The sanctions imposed under Mr Clinton restricted imports of most goods and services from Sudan and exports of all goods that required federal licensing, except medicines or humanitarian goods. They also included a freeze of all Sudanese government assets held in the US. Thus this older directive, while not explicitly covering trade dealing with the oil sector, effectively covered those transactions as well. Companies including the Sudan Petroleum Corporation and the Greater Nile Petroleum Operating Company have seen their assets and property in the US blocked as a result of their designation as instruments of the Sudanese government.
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DIPLOMATIC POUCH EXPORTS ALLOWED
April 3, 2007
SUMMARY: The Office of Foreign Assets Control of the U.S. Department of the Treasury is amending the Sudanese Sanctions Regulations, 31 CFR part 538, and the Iranian Transactions
Regulations, 31 CFR part 560, to authorize the exportation or reexportation, directly or indirectly,
from the United States or by a U.S. person, wherever located, of any goods or technology to a third-country government, or to its contractors or agents, for shipment to, respectively,
Sudan or Iran via a diplomatic pouch.
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US bans 31 companies and 4 individuals from using US financial system
May 29, 2007
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NON-GOV SOUTHERN SUDAN AREAS EXEMPTED
Oct 31, 2007
On October 13, 2006, the President signed into law the Darfur Peace and Accountability Act of 2006 (the “DPAA”), which, among other things, calls for support of the regional government of Southern Sudan, assistance with the peace efforts in Darfur, and provision of economic assistance in specified areas of Sudan.
In particular, section 7 of the DPAA requires the continuation of the sanctions currently imposed on the Government of Sudan pursuant to E.O.13067. However, section 8(e) of the DPAA exempts from the prohibitions of E.O. 13067 activities or related transactions with respect to certain areas in Sudan, including Southern
Sudan, Southern Kordofan/Nuba
Mountains State, Blue Nile State, Abyei, Darfur, and marginalized areas in and around Khartoum.
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US DIVESTMENT BILL
Dec 31, 2007
