The Departments of Commerce, State and Labor today issued a Business Advisory on South Sudan. This Advisory highlights the growing reputational and financial risks to American businesses and individuals conducting business with companies that have significant ties to South Sudan’s extended transitional government or are controlled by family members of government officials.

The transitional government has failed to implement key economic reforms and public financial management commitments made in the 2018 Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS), which were due to be completed by February 2023. The transitional government’s lack of progress on these reforms, the absence of significant progress over the original transition period, and the transitional government’s continued failure to adhere to its own laws in the transparent management of its oil revenue could adversely impact U.S. businesses, individuals, other persons and their operations in South Sudan and the region.

Businesses and individuals operating in South Sudan and the region should undertake robust due diligence related to corruption and human rights issues and should be aware of the potential reputational, financial and legal risks of conducting certain business activities and/or transactions with some businesses that have significant ties to South Sudan’s extended transitional government or are controlled by family members of South Sudan government officials.

U.S. businesses and individuals should also take care to all dealings (including transactions transiting the United States) that involve any property or interests in property of persons, including from South Sudan, listed on the Department of the Treasury, Office of Foreign Assets Controls’ (OFAC) List of Specifically Designated Nationals and Blocked Persons, and U.S. financial institutions should consult the 2017 Department of the Treasury’s Financial Crimes Enforcement Network Advisory on South Sudan. Additionally, U.S. Businesses (and any businesses, wherever located) should be aware of special licensing requirements that apply to items (commodities, software, and technology) subject to the Export Administration Regulations (EAR) that apply to entities (a mix of private and government entities) located in South Sudan that are listed on the Entity List by the Bureau of Industry and Security (BIS) of the U.S. Department of Commerce. Such requirements apply to exports, reexports, and transfers (in country) of all items subject to the EAR to or involving any of the listed entities (See Supp. No. 4 to Part 744 of the EAR).

For more information, see the complete advisory.