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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 20-1021 

CLAIMS AND DISPUTE RESOLUTION 

Agreement Between the 

UNITED STATES OF AMERICA 

and SUDAN 

With Annex and Schedules

Effected by Exchange of Notes at Washington 

October 21, 2020 

Entered into force October 21, 2020 
NOTE BY THE DEPARTMENT OF STATE 

Pursuant to Public Law 89—497, approved July 8, 1966 

(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued

under the authority of the Secretary of State shall be competent 

evidence . . . of the treaties, international agreements other than 

treaties, and proclamations by the President of such treaties and 

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime 

jurisdiction, and in all the tribunals and public offices of the 

United States, and of the several States, without any further proof 

or authentication thereof.”
The Department of State of the United States of America refers the Embassy 

of the Republic of the Sudan in Washington to the consultations between 

representatives of the Government of the United States of America and the 

Government of the Republic of the Sudan relating to the conditions for the release 

of funds to be placed in escrow in anticipation of the Government of the Republic 

of the Sudan providing compensation to address claims related to the bombings of 

the United States Embassies in Nairobi, Kenya and Dar es Salaam, Tanzania and 

the attack on the U.S.S. Cole. 

During these consultations three conditions were identified as being required 

to be satisfied prior to the issuance of notifications by the Government of the 

United States of America and the Government of the Republic of the Sudan that 

would initiate a process to release the escrowed funds. It would appear desirable, 

in anticipation of the establishment of the escrow account ("Escrow Account") 

under an agreement ("Escrow Agreement") between the fiscal agents of the 

Government of the United States of America and the Government of the Republic 

of the Sudan and the escrow agent ("Escrow Agent"), to specify the three 

DIPLOMATIC NOTE 
conditions in a separate bilateral agreement between the Government of the United 

States of America and the Government of the Republic of the Sudan. 

If the conditions and other terms set out in the Annex and Schedules 

enclosed with this Note are acceptable to the Government of the Republic of the 

Sudan, the Department proposes on behalf of the Government of the United States 

of America that this Note, including its Annex and Schedules, together with the 

Embassy's affirmative Note of reply on behalf of the Government of the Republic 

of the Sudan, shall constitute an Agreement between the Government of the United 

States of America and the Government of the Republic of the Sudan with respect 

to the conditions and other terms set out in the Annex to this Note, which shall 

enter force on the date of the Note of reply. 

Enclosures: 

As stated. 

Department of State, 

Washington, October 21, 2020 
ANNEX 

The Government of the Republic of the Sudan and the Government of the 

United States of America shall issue a notice in the form attached at Schedule 1 

(the "Notice to Arrangement Party") to this Annex, to, respectively, the Central 

Bank of Sudan and the Federal Reserve Bank of New York, notifying them that the 

Trigger Event, as defined in Clause 2.2 of the escrow agreement among the Central 

Bank of Sudan, the Federal Reserve Bank of New York and the escrow agent 

appointed thereby ("Escrow Agreement"), has occurred either: 

1. upon satisfaction of each of the following necessary conditions: 

(A) Publication of a notice concerning the designation of Sudan as a 

state sponsor of terrorism in the Federal Register of the United 

States of America stating that the Determination of August 12, 

1993, regarding Sudan is rescinded; 

(B) Enactment of legislation that (i) contains the provision set forth 

at Schedule 2 to this Annex and (ii) does not contain any 

exception, carve out, or limitation to that provision unless the 

Government of the Republic of the Sudan notifies the 

Government of the United States of America by written 

diplomatic communication that the Government of the Republic 

of the Sudan accepts such exception, carve-out, or limitation; and 

(C) Signature of the bilateral claims settlement agreement between 

the Government of the Republic of the Sudan and the 

Government of the United States of America related to the 

claims of victims of the 1998 bombings of U.S. Embassies in 

Nairobi, Kenya and Dar es Salaam, Tanzania and the 2000 

attack on the U.S.S. Cole by the duly authorized representatives 

of both Sudan and the United States; or 

2. as otherwise agreed to by the Government of the Republic of the Sudan 

and the Government of the United States of America. 

The Government of the Republic of the Sudan and the Government of the United 

States of America further agree that, in the event the condition described in l(A) 

above has not been satisfied by February 28, 2021, the Government of the 

Republic of the Sudan shall have the option, in its sole and absolute discretion, to 
instruct the Central Bank of Sudan to terminate the Escrow Agreement and the 

Escrow Account by providing the Escrow Agent with a Notice of Termination, as 

defined in Clause 1.1 of the Escrow Agreement. Sudan shall provide notice by 

written diplomatic communication to the Assistant Secretary for the Bureau of 

African Affairs of the United States Department of State of its intention to exercise 

this option within seven (7) calendar days before instructing the Central Bank of 

Sudan to provide a Notice of Termination to the Escrow Agent. 
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Schedule 1: NOTICE TO ARRANGEMENT PARTY 

To: [Central Bank of Sudan] 

[Federal Reserve Bank of New York] 

This is a Notice to Arrangement Party, as defined in Clause 1.1 of the escrow agreement dated [DATE] 

among the Central Bank of Sudan, the Federal Reserve Bank of New York and the escrow agent appointed 

thereby (the "Escrow Agreement"). Expressions defined in the Escrow Agreement have the same meaning 

in this notice, unless given a different meaning herein. 

Please be advised that receipt of this notice constitutes the "Trigger Event" defined in Clause 2.2 of the 

Escrow Agreement. You are therefore instructed to issue the "Trigger Event Notice" defined in Clause 1.1 

of the Escrow Agreement, instructing the Escrow Agent to make an electronic funds transfer of USD 

335,000,000 (three hundred thirty-five million) to the Recipient Account. 

Dated: 

By: 

[Name] 

Authorised Signatory 

[United States of America] 

[The Republic of the Sudan] 
Schedule 2 

"(a) Immunity.-

( 1) IN GENERAL.-N otwithstanding any other provision of law, upon 

submission of a certification described in paragraph (2)-

(A) Sudan, an agency or instrumentality of Sudan, and the property of 

Sudan or an agency or instrumentality of Sudan, shall not be subject to the 

exceptions to immunity from jurisdiction, liens, attachment, and execution 

under section 1605(a)(7), 1605A, or 1610 (insofar as section 1610 relates 

to a judgment under such section 1605(a)(7) or 1605A) of title 28, United 

States Code; 

(B) section 1605A(c) of title 28, United States Code, section 1083(c) of 

the National Defense Authorization Act for Fiscal Year 2008 (28 U.S.C. 

1605A note), section 589 of the Foreign Operations, Export Financing, 

and Related Programs Appropriations Act, 1997 (28 U.S.C. 1605 note), 

and any other private right of action relating to acts by a state sponsor of 

terrorism arising under Federal, State, or foreign law shall not apply with 

respect to claims against Sudan, or any of its agencies, instrumentalities, 

officials, employees, or agents in any action in a Federal or State court; 

and 

(C) any attachment, decree, lien, execution, garnishment, or other 

judicial process brought against property of Sudan, or property of any 

agency, instrumentality, official, employee, or agent of Sudan, in 

connection with an action that would be precluded by subparagraph (A) or 

(B) shall be void." 
THE AMBASSADOR 

WASHINGTON, D.C. 

The Embassy of the Republic of the Sudan in Washington presents its 

compliments to the Department of State of the United States of America and has 

the honor to acknowledge receipt of the Department's note, dated October 21 , 

2020, with Annex and Schedules, which reads as follows: 

"The Department of State of the United States of America refers the 

Embassy of the Republic of the Sudan in Washington to the consultations between 

representatives of the Government of the United States of America and the 

Government of the Republic of the Sudan relating to the conditions for the release 

of funds to be placed in escrow in anticipation of the Government of the Republic 

of the Sudan providing compensation to address claims related to the bombings of 

the United States Embassies in Nairobi, Kenya and Dar es Salaam, Tanzania and 

the attack on the U.S.S. Cole. 

During these consultations three conditions were identified as being required 

to be satisfied prior to the issuance of notifications by the Government of the 

United States of America and the Government of the Republic of the Sudan that 

would initiate a process to release the escrowed funds. It would appear desirable, 
in anticipation of the establishment of the escrow account ("Escrow Account") 

under an agreement ("Escrow Agreement") between the fiscal agents of the 

Government of the United States of America and the Government of the Republic 

of the Sudan and the escrow agent ("Escrow Agent"), to specify the three 

conditions in a separate bilateral agreement between the Government of the United 

States of America and the Government of the Republic of the Sudan. 

If the conditions and other terms set out in the Annex and Schedules 

enclosed with this Note are acceptable to the Government of the Republic of the 

Sudan, the Department proposes on behalf of the Government of the United States 

of America that this Note, including its Annex and Schedules, together with the 

Embassy's affirmative Note of reply on behalf of the Government of the Republic 

of the Sudan, shall constitute an Agreement between the Govermnent of the United 

States of America and the Government of the Republic of the Sudan with respect 

to the conditions and other terms set out in the Annex to this Note, which shall 

enter force on the date of the Note of reply. 

Enclosures: 

As stated. 

Department of State, 

Washington, October 21, 2020 
ANNEX 

The Government of the Republic of the Sudan and the Government of the 

United States of America shall issue a notice in the form attached at Schedule 1 

(the "Notice to Arrangement Party") to this Annex, to, respectively, the Central 

Bank of Sudan and the Federal Reserve Bank of New York, notifying them that the 

Trigger Event, as defined in Clause 2.2 of the escrow agreement among the Central 

Bank of Sudan, the Federal Reserve Bank of New York and the escrow agent 

appointed thereby ("Escrow Agreement"), has occurred either: 

1. upon satisfaction of each of the following necessary conditions: 

(A) Publication of a notice concerning the designation of Sudan as a 

state sponsor of terrorism in the Federal Register of the United 

States of America stating that the Determination of August 12, 

1993, regarding Sudan is rescinded; 

(B) Enactment of legislation that (i) contains the provision set forth 

at Schedule 2 to this Annex and (ii) does not contain any 

exception, carve out, or limitation to that provision unless the 

Government of the Republic of the Sudan notifies the 

Government of the United States of America by written 

diplomatic communication that the Government of the Republic 

of the Sudan accepts such exception, carve-out, or limitation; 

and 

(C) Signature of the bilateral claims settlement agreement between 

the Government of the Republic of the Sudan and the 

Government of the United States of America related to the 

claims of victims of the 1998 bombings of U.S. Embassies in 

Nairobi, Kenya and Dar es Salaam, Tanzania and the 2000 

attack on the U.S.S. Cole by the duly authorized representatives 

of both Sudan and the United States; or 

2. as otherwise agreed to by the Government of the Republic of the Sudan 

and the Government of the United States of America. 

The Government of the Republic of the Sudan and the Government of the United 

States of America further agree that, in the event the condition described in 1 (A) 

above has not been satisfied by February 28, 2021, the Government of the 
Republic of the Sudan shall have the option, in its sole and absolute discretion, to 

instruct the Central Bank of Sudan to terminate the Escrow Agreement and the 

Escrow Account by providing the Escrow Agent with a Notice of Termination, as 

defined in Clause 1.1 of the Escrow Agreement. Sudan shall provide notice by 

written diplomatic communication to the Assistant Secretary for the Bureau of 

African Affairs of the United States Department of State of its intention to exercise 

this option within seven (7) calendar days before instructing the Central Bank of 

Sudan to provide a Notice of Tennination to the Escrow Agent. 
---------

Schedule 1: NOTICE TO ARRANGEMENT PARTY 

To: [Central Bank of Sudan] 

[Federal Reserve Bank of New York] 

This is a Notice to Arrangement Party, as defined in Clause 1.1 of the escrow agreement dated [DATE] 

among the Central Bank of Sudan, the Federal Reserve Bank of New York and the escrow agent 

appointed thereby (the "Escrow Agreement"). Expressions defined in the Escrow Agreement have the 

same meaning in this notice, unless given a different meaning herein. 

Please be advised that receipt of this notice constitutes the "Trigger Event" defined in Clause 2.2 of the 

Escrow Agreement. You are therefore instructed to issue the "Trigger Event Notice" defined in Clause 

1.1 of the Escrow Agreement, instructing the Escrow Agent to make an electronic funds transfer of USO 

335,000,000 (three hundred thirty-five million) to the Recipient Account. 

Dated: 

By: ____ _ 

[Name] 

Authorised Signatory 

[United States of America] 

[The Republic of the Sudan] 
Schedule 2 

"(a) Immunity.-

(!) IN GENERAL- Notwithstanding any other provision of law, upon 

submission of a certification described in paragraph (2)-

(A) Sudan, an agency or instrumentality of Sudan, and the property of 

Sudan or an agency or instrumentality of Sudan, shall not be subject to the 

exceptions to immunity from jurisdiction, liens, attachment, and execution 

under section 1605(a)(7), 1605A, or 1610 (insofar as section 1610 relates 

to a judgment under such section 1605(a)(7) or 1605A) of title 28, United 

States Code; 

(B) section 1605A(c) of title 28, United States Code, section 1083(c) of 

the National Defense Authorization Act for Fiscal Year 2008 (28 U.S.C. 

1605A note), section 589 of the Foreign Operations, Export Financing, 

and Related Programs Appropriations Act, 1997 (28 U.S.C. 1605 note), 

and any other private right of action relating to acts by a state sponsor of 

terrorism arising under Federal, State, or foreign law shall not apply with 

respect to claims against Sudan, or any of its agencies, instrumentalities, 

officials, employees, or agents in any action in a Federal or State court; 

and 

(C) any attachment, decree, lien, execution, garnishment, or other 

judicial process brought against property of Sudan, or property of any 

agency, instrumentality, official, employee, or agent of Sudan, in 

connection with an action that would be precluded by subparagraph (A) or 

(B) shall be void."" 
The Embassy of the Republic of the Sudan in Washington has the honor to 

confirm on behalf of the Government of the Republic of the Sudan that the 

proposal set forth in the above-quoted Department note, with Annex and 

Schedules, is acceptable to the Government of the Republic of the Sudan and that 

the Department's note and this note in reply shall constitute an agreement between 

the two Governments with respect to the conditions and other terms set out in the 

Annex to the Department's Note which shall enter into force on the date of this 

reply. 

The Embassy of the Republic of the Sudan avails itself of this opportunity to 

renew to the State Department of the United States of America the assurances of its 

highest consideration. 

Embassy of the Republic of the Sudan, 

Washington, October 21, 2020.