On July 11, 2017, President Trump issued an executive order extending the review period established by EO 13761 of January 13, 2017, which set forth criteria for the revocation of certain sanctions on Sudan and the Government of Sudan. Arent Fox previously published an alert on EO 13761 this past January.

EO 13761 had established July 12, 2017 as the date by which the President could have revoked portions of EO 13067 and all of EO 13412 relating to Sudan sanctions provided that the Secretary of State, in consultation with the Secretary of the Treasury, the Director of National Intelligence, and the Administrator of the US Agency for International Development, had conducted an assessment and reported to the President that the Government of Sudan had sustained certain positive actions, including the cessation of hostilities in conflict areas, continued improvement of humanitarian access throughout Sudan, and maintaining cooperation with the United States on addressing regional conflicts and the threat of terrorism.

The new EO extends this period of review and assessment by three months, to October 12, 2017. During this period, while OFAC’s underlying sanctions on Sudan remain in place, so too does the general license broadly authorizing most prohibited transactions with respect to Sudan.

Note: since Sudan is still subject to Department of Commerce anti-terrorism controls, exporters are warned to continue to classify any exports to Sudan to make sure they are EAR99 and are not subject to AT or higher level export controls]. Companies should also of course continue to screen transaction parties against the US restricted party lists, including OFAC’s Specially Designated National list (entities listed only for Sudan, i.e. with only [SUDAN] in brackets are not prohibited due to the General License).