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.Footnote 1
The sanctions on Sudan began in 1997. In Executive Order 13,067, President Clinton stated:
[T]he policies and actions of the Government of Sudan, including continued support for international terrorism; ongoing efforts to destabilize neighboring governments; and the prevalence of human rights violations, including slavery and the denial of religious freedom, constitute an unusual and extraordinary threat to the national security and foreign policy of the United States … .Footnote 2
This order blocked the Sudanese government from retrieving any of its property in the United States and largely prohibited the trade of goods and other transactions between Sudan and the United States.Footnote 3
In April 2006, President George W. Bush issued Executive Order 13,400 to expand the sanctions imposed by Clinton due to “the persistence of violence in Sudan's Darfur region.”Footnote 4 This action came just over a year after Resolution 1591 of the UN Security Council, which imposed targeted sanctions on individuals who contributed in various ways to the conflict in Darfur.Footnote 5 Executive Order 13,400 blocked persons whom the Secretary of the Treasury determined contributed in various ways to the conflict in Darfur from accessing property in the United States or under the control of U.S. persons.Footnote 6 This order facilitated U.S. implementation of Resolution 1591.Footnote 7
In October 2006, Bush issued Executive Order 13,412, which imposed still more U.S. sanctions on Sudan.Footnote 8 This order noted “certain policies and actions of the Government of Sudan that violate human rights, in particular with respect to the conflict in Darfur.”Footnote 9 Citing the Sudanese government's “pervasive role” over the petroleum and petrochemical industries in Sudan, Bush prohibited most transactions between U.S. persons and these industries.Footnote 10
On July 9, 2011, the United States recognized South Sudan as an independent sovereign after supporting its 2011 referendum on self-determination.Footnote 11 Starting in June 2016, the United States began a “high-level focused and hardnose diplomatic effort with Sudan.”Footnote 12
On January 13, 2017, President Obama issued Executive Order 13,761, which conditionally provided for the future rollback of certain sanctions on Sudan in the following terms:
[T]he situation that gave rise to the actions taken in Executive Order 13067 of November 3, 1997, and Executive Order 13412 of October 13, 2006, relating to the policies and actions of the Government of Sudan has been altered by Sudan's positive actions over the past 6 months. These actions include a marked reduction in offensive military hostilities in conflict areas in Sudan and steps towards the improvement of humanitarian access throughout Sudan, as well as cooperation with the United States on addressing regional conflicts and the threat of terrorism.Footnote 13
The order specified that if those actions were sustained over the next six months, then Executive Order 13,412 and much of Executive Order 13,067 would be revoked effective July 12, 2017.Footnote 14
This executive order was issued just before Obama left office. Almost immediately upon taking office, President Trump included Sudan on a list of Muslim-majority countries whose citizens were subject to a travel ban.Footnote 15 Yet rather than reversing Obama's approach with respect to sanctions, on July 11, 2017, President Trump simply extended the review period provided for in Executive Order 13,761 for a further three months.Footnote 16 Thereafter, on September 24, 2017, Trump issued a revised travel ban that no longer listed Sudan as a country whose citizens were subject to this ban.Footnote 17
In early October 2017, the Trump Administration announced its decision to roll back the sanctions on Sudan consistent with the approach set forth by Obama in Executive Order 13,761.Footnote 18 Executive Order 13,412 from the George W. Bush era was thus revoked, as were the portions of Clinton's Executive Order 13,067 that had blocked the Sudanese government from accessing property in the United States and had barred U.S. persons from entering into transactions with the Sudanese government.Footnote 19 The press release announcing the sanctions relief highlighted that the government of Sudan is “serious about cooperating with the United States.”Footnote 20
In a report accompanying the announcement of sanctions relief, the U.S. Secretary of State described Sudan's progress in five key areas:
1) maintaining a cessation of hostilities (COH) in Darfur, the Two Areas of South Kordofan and Blue Nile states; 2) improving humanitarian access throughout Sudan; and maintaining its cooperation with the United States on: 3) the conflict in South Sudan; 4) countering the Lord's Resistance Army; and 5) addressing the threat of terrorism.Footnote 21
The report concluded with the statement that the Trump administration had also used its “expanded bilateral relationship to engage [the Sudanese government] to fully implement all UN Security Council resolutions on North Korea, a critically important issue for U.S. national security.” Footnote 22
Despite these developments, U.S. relations with Sudan remain far from fully normalized. Sudan remains on the U.S. list of state sponsors of terrorism, which triggers various restrictions on U.S. foreign assistance and defense exports.Footnote 23 Furthermore, the October 2017 revocation of sanctions did not terminate the national emergency declared with respect to Sudan under Executive Order 13,067 and also left in place Executive Order 13,400, which facilitates the implementation of Security Council Resolution 1591. In addition, the Trump administration's revocation of sanctions came with a warning that “the United States is prepared to use additional tools to apply pressure if the Government of Sudan regresses on progress to date … or takes negative actions on other areas of concern.”Footnote 24
