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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 20-1219 

CLAIMS AND DISPUTE RESOLUTION 

Agreement Between the 

UNITED STATES OF AMERICA 

and SUDAN 

Amending the Agreement of October 21, 2020, 

with Annex 

Effected by Exchange of Notes at Washington 

December 18 and 19, 2020 

Entered into force December 19, 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 ofAmerica refers the Embassy 

ofthe Republic ofthe Sudan in Washington to the Agreement between the 

Government ofthe United States ofAmerica and the Government ofthe Republic 

ofthe Sudan relating to the conditions for the release of funds to be placed in 

escrow in anticipation ofthe Government ofthe Republic ofthe Sudan providing 

compensation to address claims related to the bombings ofthe United States 

Embassies in Nairobi, Kenya and Dar es Salaam, Tanzania and the attack on the 

U.S.S. Cole, effected by exchange of notes at Washington on October 21 , 2020 

("the Agreement"). 

On behalf ofthe Government ofthe United States ofAmerica, the 

Department proposes that the Agreement be amended by deleting the Annex, 

including Schedules 1 and 2, in their entirety and replacing them with the revised 

Annex and Schedule 1 attached to this note. 

If this proposal is acceptable to the Government ofthe Republic ofthe 

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

ofAmerica that this Note , with its attached revised Annex and Schedule 1, 

together with the Embassy's affirmative Note ofreply on behalf ofthe 

DIPLOMATIC NOTE 
Government ofthe Republic of the Sudan, shall constitute an Agreement between 

the Government of the United States ofAmerica and the Government ofthe 

Republic ofthe Sudan to amend the Agreement, which shall enter into force on the 

date ofthe Note of reply. 

Enclosures: 

As stated. 

Department of State, 

Washington, December 18, 2020 
ANNEX 

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

States ofAmerica 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 ofNew 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 ofNew York and the escrow agent 

appointed thereby ("Escrow Agreement"), has occurred if and when agreed by 

both the Government ofthe Republic ofthe Sudan and the Government of the 

United States of America. 

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

States of America further agree that, in the event that a notice concerning the 

designation of Sudan as a state sponsor of terrorism stating that the Determination 

of August 12, 1993, regarding Sudan is rescinded has not been published in the 

Federal Register of the United States ofAmerica by February 28, 2021, the 

Government ofthe Republic ofthe 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 ofthe Escrow Agreement. Sudan shall 

provide notice by written diplomatic communication to the Assistant Secretary for 

the Bureau ofAfrican Affairs ofthe 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. 
---------

Schedule 1: NOTICE TO ARRANGEMENT PARTY 

To: [Central Bank of Sudan] 

[Federal Reserve Bank ofNew 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 ofNew 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 ofthe Sudan] 
THE AMBASSADOR ; ! o "' U 

WASHINGTON, D.C. 

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

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

honor to acknowledge receipt of the Department's note, dated December 18, 2020, 

with Annex and Schedule, which reads as follows: 

"The Department of State ofthe United States ofAmerica refers the 

Embassy ofthe Republic ofthe Sudan in Washington to the Agreement between 

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 ofthe Government ofthe Republic ofthe Sudan 

providing compensation to address claims related to the bombings ofthe United 

States Embassies ·in Nairobi, Kenya and Dar es Salaam, Tanzania and the attack on 

the U.S.S. Cole, effected by exchange ofnotes at Washington on October 21, 2020 

("the Agreement"). 

On behalf of the Government of the United States of America, the 

Department proposes that the Agreement be amended by deleting the Annex, 

including Schedules 1 and 2, in their entirety and replacing them with the revised 

Annex and Schedule 1 attached to this note. 
If this proposal is acceptable to the Governn1ent of the Republic of the 

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

of America that this Note, with its attached revised Annex and Schedule 1, 

together with the Embassy's affirmative Note of reply on behalf of the 

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

the Government of the United States of America and the Governn1ent of the 

Republic of the Sudan to amend the Agreement, which shall enter into force on the 

date of the Note of reply. 

Enclosure: 

As stated. 

Department of State, 

Washington, Dece1nber 18, 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 ofNew York, notifying them that the 

T1igger Event, as defined in Clause 2.2 of the escrow agreement among the Central 

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

appointed thereby ("Escrow Agreement"), has occurred if and when agreed by 

both 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 that a notice concerning the 

designation of Sudan as a state sponsor of terrorism stating that the Determination 

of August 12, 1993, regarding Sudan is rescinded has not been published in the 

Federal Register of the United States of America by February 28, 2021, the 

Government ofthe 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. 
Schedule 1: NOTICE TO ARRANGEMENT PARTY 

To: [Central Bank of Sudan] 

[Federal Reserve Bank ofNew York] 

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

among the Central Bank of Sudan, the Federal Reserve Bank ofNew 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 insh·ucted 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]" 
The Embassy of the Republic of the Sudan in Washington has the honor to 

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

set forth in the above-quoted Department note with respect to amending the 

Agreement between the Government of the United States of America and the 

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

offunds to be placed in escrow in anticipation ofthe 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 effected by exchange of notes at Washington on October 

21, 2020, is acceptable to the Government of the Republic of the Sudan. 

Accordingly, the Department's note and this note in reply shall constitute an 

agreement between the two governments to amend the aforementioned agreement 

which shall enter into force on the date ofthis 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 ofthe Sudan, 

Washington, December 19, 2020.