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Financial Services Law Insights and Observations

OFAC sanctions cut cash flow supporting violence in Sudan

Financial Crimes OFAC OFAC Designations OFAC Sanctions SDN List Department of Treasury Sudan

Financial Crimes

On June 1, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) announced sanctions, pursuant to Executive Order 14098, against four companies for generating revenue from, and contributing to, the conflict in Sudan. Two of the companies are affiliated with the paramilitary Rapid Support Forces and two companies are affiliated with the Sudanese Armed Forces. OFAC stated that sanctions against those who have “directly or indirectly engaged or attempted to engage in actions or policies that threaten the peace, security, or stability of Sudan” will hinder the financial support for the entities waging war in Sudan.

As a result of the sanctions, all property and interests in property belonging to the sanctioned persons that are in the U.S. or in the possession or control of U.S. persons are blocked and must be reported to OFAC. Additionally, “any entities that are owned, directly or indirectly, 50 percent or more by one or more blocked persons are also blocked.” U.S. persons are generally prohibited from engaging in any dealings involving the property or interests in property of blocked or designated persons, unless authorized by a general or specific OFAC license, or otherwise exempt.

In conjunction with the sanctions, OFAC issued several Sudan-related general licenses (see General Licenses 1, 2, 3 and 4).