[Code of Federal Regulations]

[Title 31, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 31CFR538.406]



[Page 208]

 

                  TITLE 31--MONEY AND FINANCE: TREASURY

 

 CHAPTER V--OFFICE OF FOREIGN ASSETS CONTROL, DEPARTMENT OF THE TREASURY

 

PART 538_SUDANESE SANCTIONS REGULATIONS--Table of Contents

 

                        Subpart D_Interpretations

 

Sec.  538.406  Exportation of services; performance of service contracts; 

legal services.



    (a) The prohibition on the exportation of services contained in 

Sec.  538.205 applies to services performed on behalf of the Government 

of Sudan, or where the benefit of such services is otherwise received in 

Sudan, when such services are performed:

    (1) In the United States;

    (2) By a U.S. person, wherever located;

    (3) By an entity located in the United States, including its 

overseas branches; or

    (4) Outside the United States by an individual U.S. person 

ordinarily resident in the United States.

    (b) The benefit of services performed anywhere in the world on 

behalf of the Government of Sudan, including services performed for a 

controlled entity or agent of the Government of Sudan, is presumed to be 

received in Sudan.

    (c) The prohibitions contained in Sec. Sec.  538.201 and 538.207 

apply to services performed by U.S. persons, wherever located:

    (1) On behalf of the Government of Sudan;

    (2) With respect to property interests of the Government of Sudan; 

or

    (3) In support of an industrial, commercial, public utility or 

governmental project in Sudan.

    (d) Example: U.S. persons may not, without specific authorization 

from the Office of Foreign Assets Control, represent an individual or 

entity with respect to contract negotiations, contract performance, 

commercial arbitration, or other business dealings with the Government 

of Sudan. See Sec.  538.505 on licensing policy with regard to the 

provision of certain legal services.