142. Is the new Bank of South Sudan still considered to be part of or linked to the Central Bank of Sudan or the Government of Sudan?
No. Since the independence of the new Republic of South Sudan on July 9, 2011, the former Bank of Southern Sudan, sometimes referred to as the Bank of South Sudan, has been established as the new central bank of the Republic of South Sudan. It is no longer a subsidiary of or linked to the Bank of Sudan, and no longer considered to be the Government of Sudan under the Sudanese Sanctions Regulations, 31 C.F.R. Part 538. U.S. persons may deal in property and interests in property of the Bank of South Sudan so long as those dealings do not otherwise violate the Sudanese Sanctions Regulations or other U.S. laws. [07-09-11]
143. Can I export equipment for use in South Sudan’s oil sector?
Yes. Such exports, if prohibited by the SSR, are authorized by the new GL for activities relating to the Republic of South Sudan’s petroleum or petrochemical industries. That GL authorizes exports to the oil sector in the Republic of South Sudan that otherwise would be prohibited, whether because they relate to the petroleum or petrochemical industries in Sudan or involve dealing in Government of Sudan (GOS) property or are transshipped through Sudan. Certain types of equipment, such as dual use items, are also subject to Commerce Department licensing requirements. For more information about those requirements, contact the Foreign Policy Division of the Bureau of Industry and Security (BIS) at 202-482-4252, or visit http://www.bis.doc.gov. [12-08-11]
144. Can I transship equipment through Sudan to use in South Sudan?
Yes. The transshipment of equipment, whether oil-related or not, through Sudan to or from South Sudan is now authorized. [12-08-11]
145. Do I need any additional authorization from OFAC to engage in particular activities related to South Sudan’s oil sector, such as paying pipeline or port fees?
No. To the extent that they are prohibited by the Sudanese Sanctions Regulations, all activities and transactions relating to the petroleum and petrochemical industries in the Republic of South Sudan are authorized, including but not limited to the transshipment of goods, technology, and services to or from the Republic of South Sudan through Sudan; exploration; development; production; field auditing services; oilfield services; activities related to oil and gas pipelines; investment; payment to the Government of Sudan or to entities owned or controlled by the Government of Sudan of pipeline, port, and other fees; and downstream activities such as refining, sale, and transport of petroleum from the Republic of South Sudan, except for the refining in Sudan of petroleum from the Republic of South Sudan. [12-08-11]
146. Can I participate in the refining of Southern Sudanese crude oil in refineries located in Sudan?
No. Refining in Sudan of petroleum from the Republic of South Sudan continues to be prohibited. [12-08-11]
147. Does this mean I can do business in Sudan’s oil sector now?
No. All activities and transactions relating to the petroleum and petrochemical industries in Sudan continue to be prohibited, unless otherwise authorized. [12-08-11]
148. Can I use a bank that is owned by the Government of Sudan to facilitate a payment for oil-related activities in South Sudan?
All financial transactions ordinarily incident to the activities authorized by both the oil and the transshipment general licenses also are authorized, including but not limited to financial transactions with a depository institution owned or controlled by the Government of Sudan (GOS) or located in Sudan, provided that any transaction between a U.S. depository institution and a depository institution owned or controlled by the GOS must first transit through a depository institution that is not owned or controlled by the GOS. [12-08-11]