§ 558.201 Prohibited transactions. ( a ) All property and interests in property that are in the United States, that come within the United States, or that are or come within the possession or control of any U.S. person of the following persons are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in: ( 1 ) Any person determined by the Secretary of the Treasury, in consultation with the Secretary of State: ( i ) To be responsible for or complicit in, or to have engaged in, directly or indirectly, any of the following in or in relation to South Sudan: ( A ) Actions or policies that threaten the peace, security, or stability of South Sudan;
( B ) Actions or policies that threaten transitional agreements or undermine democratic processes or institutions in South Sudan;
( C ) Actions or policies that have the purpose or effect of expanding or extending the conflict in South Sudan or obstructing reconciliation or peace talks or processes;
( D ) The commission of human rights abuses against persons in South Sudan;
( E ) The targeting of women, children, or any civilians through the commission of acts of violence (including killing, maiming, torture, or rape or other sexual violence), abduction, forced displacement, or attacks on schools, hospitals, religious sites, or locations where civilians are seeking refuge, or through conduct that would constitute a serious abuse or violation of human rights or a violation of international humanitarian law;
( F ) The use or recruitment of children by armed groups or armed forces in the context of the conflict in South Sudan;
( G ) The obstruction of the activities of international peacekeeping, diplomatic, or humanitarian missions in South Sudan, or of the delivery or distribution of, or access to, humanitarian assistance; or
( H ) Attacks against United Nations missions, international security presences, or other peacekeeping operations;
( ii ) To be a leader of: ( A ) An entity, including any government, rebel militia, or other group, that has, or whose members have, engaged in any of the activities described in paragraph (a)(1)(i) of this section; or
( B ) An entity whose property and interests in property are blocked pursuant to E.O. 13664;
( iii ) To have materially assisted, sponsored, or provided financial, material, logistical, or technological support for, or goods or services in support of: ( A ) Any of the activities described in paragraph (a)(1)(i) of this section; or
( B ) Any person whose property and interests in property are blocked pursuant to E.O. 13664; or
( iv ) To be owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, any person whose property and interests in property are blocked pursuant to E.O. 13664.
( b ) The prohibitions in paragraph (a) of this section include prohibitions on the following transactions: ( 1 ) The making of any contribution or provision of funds, goods, or services by, to, or for the benefit of any person whose property and interests in property are blocked pursuant to paragraph (a) of this section; and
( 2 ) The receipt of any contribution or provision of funds, goods, or services from any person whose property and interests in property are blocked pursuant to paragraph (a) of this section.
( c ) Unless authorized by this part or by a specific license expressly referring to this part, any dealing in securities (or evidence thereof) held within the possession or control of a U.S. person and either registered or inscribed in the name of, or known to be held for the benefit of, or issued by, any person whose property and interests in property are blocked pursuant to paragraph (a) of this section is prohibited. This prohibition includes the transfer (including the transfer on the books of any issuer or agent thereof), disposition, transportation, importation, exportation, or withdrawal of, or the endorsement or guaranty of signatures on, any securities on or after the effective date. This prohibition applies irrespective of the fact that at any time (whether prior to, on, or subsequent to the effective date) the registered or inscribed owner of any such securities may have or might appear to have assigned, transferred, or otherwise disposed of the securities.
( d ) The prohibitions in paragraph (a) of this section apply except to the extent provided by statutes, or in regulations, rulings, instructions, orders, directives, or licenses that may be issued pursuant to this part, and notwithstanding any contract entered into or any license or permit granted prior to the effective date.
( e ) All transactions prohibited pursuant to any Executive order issued after April 3, 2014 pursuant to the national emergency declared in E.O. 13664 of April 3, 2014 are prohibited pursuant to this part.
Note 1 to § 558.201 .
The names of persons designated or identified as blocked pursuant to E.O. 13664, or any further Executive orders issued pursuant to the national emergency declared therein, whose property and interests in property therefore are blocked pursuant to this section, are published in the Federal Register and incorporated into OFAC's Specially Designated Nationals and Blocked Persons List (SDN List) using the following identifiers: for E.O. 13664: “[SOUTH SUDAN]”; and for any further Executive orders issued pursuant to the national emergency declared in E.O. 13664: using the identifier formulation “[SOUTH SUDAN-E.O.[E.O. number pursuant to which the person's property and interests in property are blocked]].” The SDN List is accessible through the following page on OFAC's website: *www.treas.gov/sdn .* Additional information pertaining to the SDN List can be found in appendix A to this chapter. *See* § 558.411 concerning entities that may not be listed on the SDN List but whose property and interests in property are nevertheless blocked pursuant to this section.
Note 2 to § 558.201 .
The International Emergency Economic Powers Act (50 U.S.C. 1701 *et seq.*), in section 203 (50 U.S.C. 1702), authorizes the blocking of property and interests in property of a person during the pendency of an investigation. Except as described in note 3 to this section, the names of persons whose property and interests in property are blocked pending investigation pursuant to this section are published in the Federal Register and incorporated into the SDN List using the following identifiers: for E.O. 13664: “[BPI-SOUTH SUDAN]”; for any further Executive orders issued pursuant to the national emergency declared in E.O. 13664: using the identifier formulation “[BPI-SOUTH SUDAN-E.O.[E.O. number pursuant to which the person's property and interests in property are blocked pending investigation]].”
Note 3 to § 558.201 :
In certain cases, OFAC may issue an order to: identify as blocked specific property or interests in property of a person designated or otherwise blocked pursuant to this section; block specific property or interests in property of a person pending investigation; or block or impose other prohibitions with respect to specific property or interests in property less than full blocking sanctions. Notice of such orders will be provided: by publication in the Federal Register; in writing to persons OFAC may assess to have an interest in the property; or by issuing an order or directive in writing to financial institutions or other transaction intermediaries, and requiring the recipient of the order or directive to promptly disclose it to affected persons with whom the recipient maintains direct commercial relationships. Inquiries regarding any such order should be directed to OFAC's Compliance Division at 202-622-2490 or *https://ofac.treasury.gov/contact-ofac .*
Note 4 to § 558.201 :
Subpart E of part 501 of this chapter describes the procedures to be followed for the release of property and interests in property blocked pursuant to this section, including funds blocked due to mistaken identity or typographical or similar errors, and for administrative reconsideration of one's status as a person whose property and interests in property are blocked pursuant to paragraph (a) of this section.
[88 FR 31612, May 18, 2023, as amended at 89 FR 75962, Sept. 17, 2024]