License Requirements
The Secretary of State has designated Sudan as a country whose government has repeatedly provided support for acts of international terrorism. Sudan is therefore subject to anti-terrorism controls as described in Section 742.10 of the EAR and a BIS license is required to export or reexport most items on the Commerce Control List (CCL) to Sudan. Certain items controlled for anti-terrorism reasons, as set out in Section 742.10(a)(2), may be reexported to Sudan without a license if they were exported from the United States without knowledge that they would be reexported to Sudan. Items designated EAR99 do not require a BIS license for export or reexport to Sudan, unless you know or should know that the items are intended for a prohibited person or end user as described in Part 744 of the EAR.
License Exceptions
A license exception is a general authorization to export or reexport an item without a license. The number and scope of license exceptions available for exports or reexports to Sudan are limited because Sudan is in Country Group E:1 (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
Many items on the CCL have more than one reason for control and are subject to more than one licensing policy. Your application to export or reexport an item on the CCL will be reviewed under all applicable licensing policies. An application will be issued only if it can be approved under all applicable licensing policies. The following licensing policies apply to applications to export or reexport items controlled for anti-terrorism reasons to Sudan as described in Section 742.10. in addition to the policies associated with other reasons for control
Applications to export or reexport items to military end users or for military end use in Sudan will generally be denied. Applications to export or reexport items controlled for chemical, biological, nuclear and missile proliferation reasons, military-related items controlled for national security or regional stability reasons cryptoanalytic items, and explosive device detectors that are controlled for national security or anti-terrorism reasons are also subject to a general policy of denial.
Applications for export or reexport to Sudan will be reviewed under a case-by-case basis if the items are:
- destined to non-military end-users and end-users and not otherwise subject to a policy of denial;
- foreign produced commodities that the contain 20% or less of U.S. content by value;
- medical items; and
- telecommunications equipment and associated computers, software, and technology for civil end-use or for civil infrastructure.
Applications to export or reexport items that are only controlled for anti-terrorism reasons and that are intended to ensure the safety of civil aviation or the safe operation of fixed winged commercial aircraft (parts and components) and CCL items destined for civil railway use will be reviewed under a general policy of approval.
Questions
For questions specific to Sudan, contact the BIS Foreign Policy Division at 202-482-4252.