Imposing Sanctions on Certain Persons Destabilizing Sudan and Undermining the Goal of a Democratic Transition
Executive Order 14098, signed in early May 2023, expands the existing U.S. national emergency regime to target individuals and entities that destabilize Sudan or impede the country’s move toward a civilian democratic transition. Grounded in IEEPA, the National Emergencies Act, and related statutes, the order authorizes the blocking of property and the imposition of sanctions on foreign persons deemed responsible for or complicit in actions that threaten Sudan’s peace, democracy, human rights, or humanitarian access. It also extends a framework that can include family members of designated individuals, those who materially assist or act on behalf of blocked persons, and entities owned or controlled by blocked persons. The order sets up a coordinated interagency process to support a civilian transitional government once formed and clarifies that sanctions are designed to be targeted, with specific carve-outs for humanitarian and official government operations. In short, the order aims to deter and punish actors who undermine Sudan’s democratic transition while preserving channels for humanitarian aid and official U.S. and UN business. It provides a mechanism for designation, lists certain prohibitions on transactions and fundraising with blocked persons, and establishes immigration-related and regulatory tools to enforce these measures. It continues and expands previous Sudan-related sanctions regimes and emphasizes swift action (including no requirement for prior listing notice) to maintain effectiveness.
Key Points
- 1Targeted sanctions framework: The Secretary of the Treasury, in consultation with the Secretary of State, can block property and prohibit transfers or dealings with foreign persons who threaten Sudan’s peace, democracy, or civilian transition, including those who censor freedoms or commit human rights abuses. The order also extends blocking to spouses, adult children, and entities related to blocked persons, and to those who materially assist or act on behalf of blocked individuals.
- 2Foundation for a civilian transition: After a civilian transitional government is formed, the President (via interagency coordination) will mobilize international support to help implement political, economic, security, and human rights reforms necessary for a democratic transition (Sec. 2).
- 3Prohibitions on funding and donations: The order bars the making or receiving of funds, goods, or services to or from blocked persons, and explicitly prohibits certain types of donations that could undermine the emergency measures and the transition process (Secs. 3–4).
- 4Immigration and entry controls: Noncitizens who meet the criteria can have their unrestricted entry suspended as immigrants or nonimmigrants, subject to national security and law-enforcement considerations; there are procedures for visa and entry determinations (Sec. 6).
- 5Definitions and legal framework: The order provides definitions for “entity,” “noncitizen,” “person,” and “United States person” to ensure clear scope (Sec. 7). It also states that listing can proceed without prior notice to ensure effectiveness (Sec. 8) and authorizes Treasury to issue implementing rules and regulations (Sec. 9).
- 6Compliance, limitations, and non-rights assertion: It emphasizes that the order is implemented under existing law, does not create enforceable rights for individuals, and preserves the prerogatives of federal agencies to administer the measures (Secs. 9–12).
- 7Scope and exceptions: The order preserves the ability to conduct official U.S. government and UN business and is designed to work alongside prior Sudan sanctions policies and mechanisms (Sec. 10–11).