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Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Rules and Regulations
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including restrictions on U.S. persons exports of U.S.-origin items to Sudan.
Pursuant to Executive Order E.O.
13067 of November 3, 1997, the U.S.
Government imposed a comprehensive trade embargo in response to the Government of Sudans policies and activities, including its support for terrorism, efforts to destabilize neighboring governments, and the prevalence of human rights violations.
Specifically, this E.O. blocked the property of the Government of Sudan subject to U.S. jurisdiction and imposed restrictions on U.S. persons activities with respect to Sudan. On July 1, 1998, OFAC published the Sudanese Sanctions Regulations, 31 CFR part 538
SSR, implementing these restrictions.
See 63 FR 35809 July 1, 1998. Notably, as implemented in the SSR, E.O. 13067
required the Department of the Treasury to restrict the export or reexport to Sudan of goods, technology, or services from the U.S. or by a U.S. person, wherever located, or requiring the issuance of a license by a Federal agency. See Section 2b of E.O. 13067
and 31 CFR 538.205 2017. This language provided the basis for a dual licensing regime pursuant to which the export and reexport of CCL items to Sudan required authorization by both BIS and OFAC.
On October 13, 2006, President George W. Bush issued E.O. 13412
following the enactment of the Darfur Peace and Accountability Act of 2006, a response to continuing atrocities in Sudans Darfur Region. This E.O.
exempted certain regions in Sudan from several prohibitions established pursuant to E.O. 13067, including those applicable to exports, thereby effectively narrowing the scope of exports and reexports of CCL items subject to dual licensing.
D. Termination of the Embargo In recognition of positive actions sustained by the Government of Sudan in several areas, including enhanced cooperation with the U.S. on counterterrorism efforts, effective October 12, 2017, President Donald J.
Trump revoked Sections 1 and 2 of E.O.
13067, along with E.O. 13412 in its entirety, pursuant to E.O. 13761 of January 13, 2017, as amended by E.O.
13804 of July 11, 2017. Consequently, as of October 12, 2017, U.S. persons were no longer prohibited from engaging in transactions with respect to Sudan, including exports and reexports of items destined for Sudan, or with the Government of Sudan, that had been prohibited by the SSR. These actions generally established BIS as the sole licensing agency for exports and
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reexports of items subject to the EAR to Sudan. To reflect the revocation of these authorities, OFAC removed the SSR
from the Code of Federal Regulations on June 29, 2018. OFAC only retained jurisdiction over certain exports and reexports of agricultural commodities, medicine, and medical devices destined for Sudan pursuant to the Trade Sanctions Reform and Export Enhancement Act of 2000, 22 U.S.C.
Section 7201 et seq., and authorized the export and reexport of such items through a general license incorporated into Section 596.506 of the Terrorism List Governments Sanctions Regulations, 31 CFR part 596.
II. Rescission-Related Developments Once a country is designated a State Sponsor of Terrorism, the designation remains in effect until it is rescinded in accordance with applicable law. On October 26, 2020, the President submitted to Congress the statutorilyrequired report justifying the rescission, and certifying that Sudan had not provided any support for acts of international terrorism during the preceding six month period and that Sudan had provided assurances that it would not support acts of international terrorism in the future. Effective December 14, 2020, the Secretary of State rescinded Sudans designation as a SSOT, in accordance with Sections 1754c and 1768c of the National Defense Authorization Act for Fiscal Year 2019 50 U.S.C. 4813c and 4826c, and in satisfaction of the provisions of Section 620Ac of the Foreign Assistance Act of 1961 22.
U.S.C. 2371c, Section 40f of the Arms Export Control Act of 1976 22
U.S.C. 2708f, and, to the extent applicable, section 6j of the Export Administration Act of 1979 50 U.S.C.
App. 2405j, as continued in effect by Executive Order 13222 of August 17, 2001. BIS is publishing this rule amending the EAR to implement the rescission.
On October 23, 2020, the date that President Trump notified Congress of his intention to rescind the SSOT
designation, the White House heralded the development as marking the advancement of the United States bilateral relationship with Sudan and the ongoing efforts of the civilian-led Sudanese transitional government toward democracy and the achievement of regional peace. See October 23, 2020
Statement of the Press Secretary on Sudan, available at https
www.whitehouse.gov/briefingsstatements/statement-press-secretarysudan/. As noted by Secretary of State Michael R. Pompeo, Presidents Trump
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decision reflected the . . .
transitional governments sustained efforts to make sure there is no support for acts of international terrorism. See November 2, 2020 State Department Press Statement, Sudan Making Progress, available at https
www.state.gov/sudan-making-progress/.
III. Specific Amendments in This Rule A. Overview Consistent with the Secretary of States rescission of Sudans designation as a SSOT, effective December 14, 2020, this rule removes AT controls on the country and makes conforming changes to various EAR provisions. First, this rule removes Sudan from Country Group E:1 in Supplement No. 1 to part 740, the Country Group placement for terrorist supporting countries. This action raises the de minimis level from 10 percent to 25 percent for most foreign-origin items located abroad that are destined for Sudan. These changes make Sudan potentially eligible for new license exceptions under the EAR.
Second, this rule removes EAR 742.10
Anti-Terrorism: Sudan in its entirety.
Additionally, it adds Sudan to Country Group B in Supplement No. 1 to part 740. As a general matter, countries in Country Group B are eligible for a greater number of license exceptions, and they are subject to relatively less stringent license review policies.
However, pursuant to this rule, two license exceptions, License Exception Shipments to Country Group B
countries GBS 740.4 and License Exception Technology and software under restriction TSR 740.6, will be unavailable for exports and reexports to Sudan. Moreover, Sudans continued placement in Country Group D:5 U.S.
Arms Embargoed Countries impacts the availability of certain license exceptions in connection with items controlled under certain Export Control Classification Numbers ECCNs.
Finally, this rule makes conforming amendments to parts 734, 738, 748, 750, 772 and 774 of the EAR, and additional amendments to parts 740 and 742, consistent with the removal of AT
controls, the countrys removal from Country Group E:1, and addition to Country Group B. Other previouslyexisting license requirements remain intact.
Conforming changes include the removal of all references to Sudan from Supplement No. 2 to part 742, which specifies contract sanctity dates and related licensing review policies for certain items destined for countries subject to AT controls. This rule also amends License Exceptions GBS and
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