ExecutiveOrdersEO
EO 13412Executive OrderG.W. Bush · R Quiet signal

Executive Order 13412

Blocking Property of and Prohibiting Transactions With the Government of Sudan

This executive order blocks all property of the Government of Sudan in U.S. jurisdiction and prohibits U.S. persons from engaging in transactions related to Sudan's petroleum and petrochemical industries. It takes effect upon enactment of the Darfur Peace and Accountability Act of 2006, while carving out exemptions for certain regions of Sudan and activities like journalism and official government business.

Federal Register Open PDF 71 FR 61369

Impact dates

  1. Secretary of State may define exempted geographic regions after consultation with Treasury Secretary

  2. Treasury Secretary to take actions including promulgation of rules and regulations

  3. Order takes effect upon enactment of Darfur Peace and Accountability Act of 2006

Key directives

  • Block all property and interests in property of Government of Sudan in U.S. jurisdiction or possession of U.S. persons (Sec. 1)
  • Prohibit all transactions by U.S. persons relating to petroleum or petrochemical industries in Sudan, including oilfield services and pipelines (Sec. 2)
  • Exempt activities in Southern Sudan, Southern Kordofan/Nuba Mountains State, Blue Nile State, Abyei, Darfur, and marginalized areas around Khartoum from EO 13067 Section 2 prohibitions, provided no Government of Sudan property involved (Sec. 4(b)(i))
  • Assign presidential functions under Comprehensive Peace in Sudan Act to Treasury Secretary, Secretary of State, and Secretary of Homeland Security (Sec. 4(c)-(e))
  • Secretary of Treasury authorized to promulgate rules and regulations after consulting Secretary of State (Sec. 8)

Who is ordered

Timeline

Immediate

  • Blocking of Sudanese government property and interests in U.S. jurisdiction
  • Prohibition on U.S. person transactions in Sudan's petroleum/petrochemical sectors
  • Exemption for Southern Sudan and specified regions from prior EO 13067 restrictions takes effect

Near term (90d)

  • Secretary of State, after consulting Treasury, may define geographic scope of exempted regions
  • Treasury Secretary to promulgate implementing rules and regulations
  • Executive agencies to take appropriate measures and advise Treasury

Long term

  • Ongoing sanctions enforcement and compliance monitoring
  • Potential evolution of regional exemptions based on Secretary of State definitions
  • Enduring restrictions on Sudan's oil sector access to U.S. persons and markets

Risks & tensions

  • Vague timing: 'takes effect upon enactment' of companion legislation creates conditional trigger; exact date uncertain from EO text alone
  • Geographic exemption definitions pending: Sec. 4(b)(ii) grants discretionary authority to Secretary of State without deadline, creating implementation uncertainty
  • Oil sector prohibition is sweeping but regional carve-outs may create complex compliance environment for U.S. companies
  • Prior contract override: Sec. 2 explicitly nullifies existing contracts/licenses, raising potential takings or breach claims
Executive Order 13412: Blocking Property of and Prohibiting Transactions With the Government of Sudan · Executive Orders