The United States employs export controls on various countries, and the more sensitive the country, the more thorough review the government requires before exporting. Because Sudan is in Group E:1, certain license exceptions are not allowed, and many items need to be reviewed by the Department of Commerce and licensed prior to their exportation to Sudan.
The licensing policy for exports to Sudan is a general policy of denial, where exports or re-exports to military end-users or for military entities will generally be denied. These items can include chemical and biological nuclear and missile proliferation or military-related items for national security reasons. Other items such as aircraft, cryptologic items, and explosive device sensors for national security and terrorism reasons are also subject to the general policy of denial pursuant to 742B.
If you are interested in exporting to Sudan and need legal advice, contact a knowledgeable OFAC attorney.
Licensing and BIS Reviews
A license is required to export or re-export most items on the commerce control list of Sudan. These items are described in 742.10 (a) (2). License exceptions do exist, and these license exceptions are authorizations to export or re-export certain items without a license that would otherwise require one. Sudan is in Group E: 1, which is in Supplement 1 of part 740 of the EAR, which limits the license exceptions.
The Bureau of Industry and Security (BIS) has a case-by-case review policy for applications to export or re-export to Sudan if the items are destined to go to non-military end-users and not otherwise subject to a policy of denial. This also applies to foreign-introduced commodities containing less than 20% of US content value for medical items, telecommunications equipment, associated computer software, and technology for civil infrastructure. There is a general policy of approval for items that are controlled for anti-terrorism reasons intended to ensure the safety of civil aviation, or the safe operation of fixed-wing and commercial aircraft and railway-related items. However, if it is destined for sensitive end-users such as Sudanese military, police, or intelligence, the application will be reviewed on the presumption of denial.
Exporting Aircraft to Sudan
For any exportation of aircraft to Sudan, one is going to need BIS approval. It is going to be reviewed under a general policy of denial, which makes it less likely to succeed. If someone is exporting aircraft parts or services with the intention of ensuring the safety of civil aviation or safe operation of fixed-wing and commercial aircraft and railway items, that may be approved under a general policy of approval unless they are doing it for the Sudanese military, police or intelligence services.
Speak with a Knowledgeable OFAC Attorney About Your Export Concerns
Exporting goods to certain countries, including Sudan, is strictly monitored and regulated by U.S. authorities. For this reason, individuals wishing to conduct business in Sudan should consider speaking with an experienced OFAC attorney about their options.
A lawyer could review the relevant sanctions and provide advice about what types of exports are allowed or prohibited under U.S. law. If your business requires special licensing, an OFAC attorney could help prepare the proper documentation to maximize your chances of approval. For more information about Sudan-related OFAC sanctions or to discuss your legal needs, call today.