On February 18, 2015, the Office of Foreign Assets Control (OFAC) published in the Federal Register a final rule amending the Sudanese Sanctions Regulations (SSR; 31 C.F.R. Part 538) by adding a general license pertaining to certain software, hardware, and services incident to personal communications. Transactions otherwise prohibited under the SSR but found to be consistent with U.S. policy may be authorized by one of the general licenses contained in subpart E of the SSR or by a specific license issued pursuant to the procedures described in subpart E of 31 C.F.R. part 501. OFAC also is making other technical and conforming changes. OFAC is also making other technical and conforming changes.

In consultation with the Departments of State and Commerce, OFAC is expanding the scope of 31 C.F.R. 538.533 consistent with the U.S. Government’s commitment to the advancement of the free flow of information and to facilitate communications by the Sudanese people, including during a national dialogue, and consistent with the Iran GL D-1 model. In view of its shared jurisdiction over certain export licensing authority with respect to Sudan, OFAC is issuing this amendment in coordination with the Department of Commerce, Bureau of Industry and Security (BIS). BIS concurrently is amending the EAR to, inter alia, revise the general licensing policy of denial to one of case-by-case licensing for exports and reexports to Sudan of telecommunications equipment and associated computers, software, and technology for civil end use, and to revise License Exception Consumer Communications Devices (CCD), which previously applied only to consumer communications devices to Cuba, to authorize exports and reexports of such devices to Sudan.

Check www.bakermckenzie.com/sanctionsnews/ for future updates and additional commentary.