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United States Lifts Economic Sanctions on Sudan

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Effective October 12, 2017, the United States lifted a number of long-standing sanctions on Sudan. This decision reflects the U.S. view that Sudan has made “sustained positive actions” with respect to ongoing conflicts, humanitarian access, and cooperation with the United States.

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1 U.S. Dep't of State Press Release, Sanctions Revoked Following Sustained Positive Action by the Government of Sudan (Oct. 6, 2017), at https://www.state.gov/r/pa/prs/ps/2017/10/274659.htm [https://perma.cc/YU73-S3R8] [hereinafter Oct. 6 Press Release].

2 Exec. Order No. 13,067, 62 Fed. Reg. 59,989 (Nov. 3, 1997) (generally citing the International Emergency Economic Powers Act and the National Emergencies Act as sources of presidential authority to impose sanctions).

3 Id.

4 Exec. Order No. 13,400, 71 Fed. Reg. 25,483 (Apr. 26, 2006).

5 S.C. Res. 1591 (Mar. 29, 2005) (creating a committee authorized to impose targeted sanctions on individuals who contributed in various ways to the conflict in Darfur and applying a Darfur-related arms embargo to the Sudanese government). A second resolution, from which the United States abstained, referred the situation in Darfur to the International Criminal Court. S.C. Res. 1593 (Mar. 31, 2005).

6 Exec. Order No. 13,400, 71 Fed. Reg. at 25,483–84.

7 See id. (referencing Resolution 1591 and identifying as one source of authority the United Nations Participation Act, which authorizes the president to implement Security Council resolutions).

8 Exec. Order No. 13,412, 71 Fed. Reg. 61,369 (Oct. 13, 2006).

9 Id.

10 Id.

11 See U.S. Dep't of State, Bureau of African Affairs Fact Sheet, U.S. Relations with South Sudan (Oct. 26, 2017), at https://www.state.gov/r/pa/ei/bgn/171718.htm [https://perma.cc/4HXG-STBM]. On September 6, 2017, the U.S. Treasury Department placed targeted sanctions on two South Sudanese government officials, Malek Reuben Riak Rengu and Michael Makuei Lueth, and one former official, Paul Malong Awan, for contributing to the current crisis in South Sudan. U.S. Dep't of State Press Release, Treasury Announces Targeted Sanctions on South Sudanese Officials and Companies (Sept. 6, 2017), at https://www.state.gov/r/pa/prs/ps/2017/09/273836.htm [https://perma.cc/YE29-A32Q].

12 U.S. Dep't of State Press Release, Special Briefing, Senior Administration Officials on Sudan Sanctions (Oct. 6, 2017), at https://www.state.gov/r/pa/prs/ps/2017/10/274678.htm [https://perma.cc/MU2B-94KY]. Sudan remains under the leadership of Omar al-Bashir, the subject of two arrest warrants from the International Criminal Court. See Prosecutor v. Omar Hassan Ahmad Al Bashir, ICC-02/05-01/09-95, Warrant of Arrest (Mar. 4, 2009); Prosecutor v. Omar Hassan Ahmad Al Bashir, ICC-02/05-01/09-95, Second Warrant of Arrest (July 12, 2012).

13 Exec. Order No. 13,761, 82 Fed. Reg. 5331 (Jan. 13, 2017).

14 Id.

15 Exec. Order No. 13,769, 82 Fed. Reg. 8977 (Jan. 27, 2017).

16 Exec. Order No. 13,804, 82 Fed. Reg. 32,611 (July, 11 2017).

17 Proclamation No. 9645, 82 Fed. Reg. 45,161 (Sept. 24, 2017).

18 U.S. Dep't of State Press Release, Notice Regarding Positive Actions by the Government of Sudan, 82 Fed. Reg. 47,287 (Oct. 4, 2017).

19 See U.S. Dep't of Treasury, Sanctions Action Pursuant to Executive Order 13,067 and Executive Order 13,412, 82 Fed. Reg. 49,698 (Oct. 26, 2017).

20 Oct. 6 Press Release, supra note 1.

21 U.S. Dep't of State, Bureau of African Affairs Press Release, The Secretary's Report on Whether the Government of Sudan Has Sustained the Positive Actions That Gave Rise to E.O. 13761 (Oct. 12, 2017), at https://www.state.gov/p/af/rls/2017/274667.htm [https://perma.cc/TSG7-ZA8V].

22 Id.

23 Id.

24 Oct. 6 Press Release, supra note 1.

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American Journal of International Law
  • ISSN: 0002-9300
  • EISSN: 2161-7953
  • URL: /core/journals/american-journal-of-international-law
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