The Office of Foreign Assets Control amended the Terrorism List Governments Sanctions Regulations to reflect the U.S. decision to revoke Sudan’s designation as a state sponsor of terrorism (see 2012170015, 2101140018 and 2104120030). The final rule, effective May 20, removes a general license from the regulations and amends another license to remove references to the Sudanese government and Sudanese nationals.
The Office of Foreign Assets Control extended a general license authorizing certain transactions involving securities of companies that “closely” match the name of a company identified as a Chinese military company (see 2011130026), a May 18 notice said. General License No. 1B, which replaced General License No. 1A (see 2101270009), authorizes the transactions through 9:30 a.m. EDT June 11 and past the previous expiration date of May 27.
The Office of Foreign Assets Control amended its Narcotics Trafficking Sanctions Regulations and the Foreign Narcotics Kingpin Sanctions Regulations to add and revise general licenses, prohibitions, definitions and technical changes, the agency said in a notice released May 14. The final rule, effective May 17, will revise several general licenses related to payments for “legal services,” certain transactions for “maintenance of blocked tangible property” and emergency medical services, which will be subject to new recordkeeping requirements. The agency also revised definitions for “foreign person” and “specially designated narcotics trafficker,” updated certain “regulatory provisions” in the sanctions language, and made other conforming changes.
The Office of Foreign Assets Control amended its Somalia Sanctions Regulations and reissued them “in their entirety” to provide more guidance, general licenses and statements of licensing policy. The regulations outline new provisions surrounding blocked property, sanctions evasion attempts and new definitions to help industry comply with the sanctions. The new and revised general licenses authorize a range of activities, including certain investments, transactions related to legal payments and certain activities by the U.S. government. The new regulations take effect April 28.
The Office of Foreign Assets Control will revoke a Belarus-related general license that authorizes certain transactions with nine sanctioned state-owned entities, OFAC and the State Department said April 19. OFAC issued Belarus General License 2H, replacing License 2G (see 1910220027), which authorizes a 45-day wind-down period for transactions with those entities and any entities in which they own at least 50%. The wind-down period will end 12:01 a.m. June 3.
The Office of Foreign Assets Control on April 12 issued revised guidance for submitting certain license applications and for the agency’s Sudan sanctions program. In frequently asked questions 97 and 98, OFAC provided guidance for how exporters can submit license applications under the Trade Sanctions Reform and Export Enhancement Act of 2000 and what information should be included in those applications. In FAQ 500, OFAC clarified that exporters of humanitarian goods, including agricultural commodities and medicine, don’t need an OFAC license to ship to Sudan. In FAQ 836, the agency detailed which Sudanese sanctions were lifted as a result of the December 2020 U.S. decision to rescind Sudan’s designation as a state sponsor of terrorism (see 2012170015 and 2101140018). OFAC stressed that the revocation of the sanctions doesn’t affect agency enforcement investigations into violations that took place before the sanctions were revoked.
The Office of Foreign Assets Control issued guidance April 5 clarifying that it generally won’t pursue sanctions against humanitarian-related transactions or exports to Syria as long as the items wouldn’t normally require an OFAC license. The guidance was issued about a week after the U.S. committed to providing more humanitarian aid to respond to the Syria crisis.
The State Department will urge the Treasury Department to not renew a Belarus-related general license following the country’s disputed presidential elections last year and its violent crackdown on peaceful protester (see 2012230030), an agency spokesperson said. The general license, which has been renewed by the Office of Foreign Assets Control every year since 2015, authorizes certain transactions with nine Belarusian entities and is scheduled to expire April 26.
The Office of Foreign Assets Control sanctioned two more Myanmar entities, issued four new general licenses and published two new frequently asked questions to provide guidance on certain exempted transactions with Myanmar. The sanctions and guidance, issued March 25, came days after OFAC designated entities and officials associated with the country’s military-led coup last month (see 2103220036) and about three weeks after the Commerce Department increased export restrictions for shipments to Myanmar (see 2103040075).
The recent U.S. decision to increase sanctions and export controls on Russia, although largely narrow, could have significant implications for exporters doing business in Russia, law firms said. U.S. companies should pay close attention to new restrictions on certain controlled services and the potential impacts of the restrictions on disclosure and reporting requirements, the firms said.