Sudan
The Export Administration Regulations have been amended to acknowledge the Republic of South Sudan as a new country. Please note that the license requirements and licensing policy are different for South Sudan and (North) Sudan, as described below.
South Sudan
License Requirements
A license is required for the export or reexport to South Sudan of items subject to the Export Administration Regulations (EAR) that are controlled unilaterally for Regional Stability and Crime Control reasons, and items controlled by the multilateral export control regimes (Australia Group, Wassenaar Arrangement, Chemical/Biological Weapons Conventions, Nuclear Suppliers Group, Missile Technology Control Regime). Other reasons for control under the EAR also may apply. Of note, a license is not required for the export or reexport to South Sudan of items exclusively controlled for Anti-Terrorism reasons or items designated as EAR99 unless the transaction involves a prohibited end-use or end-user
The process for determining whether a license is required is described in Part 732 of the EAR (Steps for Using the EAR).
License Exceptions
>A license exception is an authorization to export or reexport under stated conditions certain items without a license that would otherwise require a license. Several license exceptions are available for exports and reexports to South Sudan since it is in Country Group B (Supplement No. 1 to Part 740 of the EAR). To determine the scope and eligibility requirements, you must review the individual license exceptions in Part 740 of the EAR.
Licensing Policy
The licensing policy for exports and reexports to South Sudan is based upon the reasons for control of the items and whether prohibited end-uses/end-users are involved. Part 742 of the EAR contains the licensing policy for Commerce Control List (CCL) based controls. Part 744 of the EAR contains the licensing policy for end-use and end-user based controls. Applications for the export or reexport of items in support of humanitarian assistance programs, including United Nations efforts, are generally approved.
(North) Sudan
License Requirements
A license is required for the export or reexport to (North) Sudan of nearly all items subject to the EAR that are specified on the CCL, as described in Section 742.10 of the EAR. A license is not required from for the export or reexport to (North) Sudan of items designated as EAR99 unless the transaction involves a prohibited end-use or end-user.
Note: The Department of the Treasury’s Office of Foreign Assets Control (OFAC) maintains license requirements for certain exports and reexports to (North) Sudan of items subject to the EAR. A license may be required from both the Bureau of Industry and Security (BIS) and OFAC for the same transaction. Please see below for additional information.
License Exceptions
A license exception is an authorization to export or reexport under stated conditions certain items without a license that would otherwise require a license. (North) Sudan is in Country Group E:1 (Supplement No. 1 to Part 740 of the EAR), which limits the number and scope of available license exceptions. To determine the scope and eligibility requirements, you must review the individual license exceptions in Part 740 of the EAR.
Licensing Policy
As described in Section 742.10(b) of the EAR, there is a general policy of denial for exports and reexports to all end-users in (North) Sudan of all items controlled for chemical, biological, missile, and nuclear proliferation reasons, military-related items controlled for national security or regional stability reasons (CCL entries ending in the number “018”), and certain items controlled for national security or anti-terrorism reasons, such as aircraft, cryptologic items, and explosive device detectors. Other non-military-related items that are controlled to Sudan for national security or anti-terrorism reasons are subject to a general policy of denial for military end-users or end-uses, and case-by-case review for non-military end-users or end-uses. Applications for the export or reexport of items in support of humanitarian assistance programs, including United Nations efforts, are generally approved.
Export-Specific Guidance
Medicine and Medical Devices
A license is not required to export or reexport to (North) Sudan medicine or medical devices designated as EAR99. However, a license is required to export or reexport to (North) Sudan nearly all items on the CCL, including some medicine, such as certain vaccines and immunotoxins. To aid exporters and reexporters, BIS maintains an exemplary list of EAR99 medical items.
Other U.S. Government Agencies
Please be aware that other U.S. Government agencies administer regulations that could also impact your export or reexport transaction. For example, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) maintains certain Sudan-related sanctions. Exporters and reexporters are responsible for complying with all applicable regulatory requirements.
OFAC may require an official BIS commodity classification for the items you wish to export or reexport to (North) Sudan. Please review BIS’s commodity classification guidance for additional information.
Questions
For questions specific to South Sudan or (North) Sudan, contact the Foreign Policy Division at 202-482-4252.