Recognizing Positive Actions by the Government of Sudan and Providing for the Revocation of Certain Sudan-Related Sanctions

Executive Order 13761 of January 13, 2017

Recognizing Positive Actions by the Government of
Sudan and Providing for the Revocation of Certain
Sudan-Related Sanctions

By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.), the National
Emergencies Act (50 U.S.C. 1601 et seq.), the Trade
Sanctions Reform and Export Enhancement Act of 2000 (22
U.S.C. 7201-7211) (TSRA), the Comprehensive Peace in
Sudan Act of 2004, as amended (Public Law 108-497)
(CPSA), the Darfur Peace and Accountability Act of 2006
(Public Law 109-344) (DPAA), and section 301 of title
3, United States Code,

I, BARACK OBAMA, President of the United States of
America, find that the situation that gave rise to the
actions taken in Executive Order 13067 of November 3,
1997, and Executive Order 13412 of October 13, 2006,
related to the policies and actions of the Government
of Sudan has been altered by Sudan's positive actions
over the past 6 months. These actions include a marked
reduction in offensive military activity, culminating
in a pledge to maintain a cessation of hostilities in
conflict areas in Sudan, and steps toward the
improvement of humanitarian access throughout Sudan, as
well as cooperation with the United States on
addressing regional conflicts and the threat of
terrorism. Given these developments, and in order to
see these efforts sustained and enhanced by the
Government of Sudan, I hereby order:

Section 1. Effective July 12, 2017 and provided the
criteria in section 12(b) of this order are met,
sections 1 and 2 of Executive Order 13067 of November
3, 1997, are revoked, and Executive Order 13412 of
October 13, 2006, is revoked in its entirety. The
revocation of those provisions of Executive Order 13067
and of Executive Order 13412 shall not affect any
violation of any rules, regulations, orders, licenses,
or other forms of administrative action under those
orders during the period that those provisions were in
effect.

Sec. 2. Pursuant to section 908(a)(3) of TSRA, I hereby
determine that it is in the national security interest
of the United States to waive, and hereby waive, the
application of section 908(a)(1) of TSRA with respect
to Sudan.

Sec. 3. Pursuant to section 6(d) of CPSA, I hereby
determine and certify that it is in the national
interest of the United States to waive, and hereby
waive, the application of sections 6(a) and (b) of
CPSA.

Sec. 4. The function of the President under section
6(c)(1) of CPSA is assigned to the Secretary of the
Treasury.

Sec. 5. The functions of the President under section
6(c)(2) and the last sentence of section 6(d) of CPSA
are assigned to the Secretary of State, except that the
function of denial of entry is assigned to the
Secretary of Homeland Security.

Sec. 6. The function of the President under section 8
of DPAA is assigned to the Secretary of State.

Sec. 7. The Secretary of the Treasury and the Secretary
of Commerce are authorized to issue regulations,
licenses, and orders, and conduct such investigations
as may be necessary, to implement the provisions of
section 906 of TSRA.

Sec. 8. This order is not intended to, and does not,
otherwise affect the national emergency declared in
Executive Order 13067 of November 3, 1997, as expanded
in scope by Executive Order 13400 of April 26, 2006,
which shall remain in place.

Sec. 9. This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.

Sec. 10. On or before July 12, 2017, the Secretary of
State, in consultation with the Secretary of the
Treasury, the Director of National Intelligence, and
the Administrator of the U.S. Agency for International
Development, and based on a consideration of relevant
and credible information from available sources,
including nongovernmental organizations, shall provide
to the President a report on whether the Government of
Sudan has sustained the positive actions that gave rise
to this order, including carrying out its pledge to
maintain a cessation of hostilities in conflict areas
in Sudan; continued improvement of humanitarian access
throughout Sudan; and maintaining its cooperation with
the United States on addressing regional conflicts and
the threat of terrorism. As much of the report as
possible, consistent with sources and methods, shall be
unclassified and made public.

Sec. 11. (a) The Secretary of State, in consultation
with the Secretary of the Treasury, the Director of
National Intelligence, and the Administrator of the
U.S. Agency for International Development, and based on
a consideration of relevant and credible information
from available sources, including nongovernmental
organizations, shall provide to the President an
updated version of the report required in section 10 of
this order annually thereafter. As much of the report
as possible, consistent with sources and methods, shall
be unclassified and made public. To the extent a report
concludes that the Government of Sudan has or has not
sustained the positive actions that gave rise to this
order, the Secretary of State, in consultation with the
Secretary of the Treasury, the Director of National
Intelligence, and the Administrator of the U.S. Agency
for International Development, shall provide to the
President recommendations on appropriate U.S.
Government responses.

    (b) Concurrent with the provision of the reports
required in section 11(a) of this order, the Secretary
of State, in consultation with the Secretary of the
Treasury, the Director of National Intelligence, and
the Administrator of the U.S. Agency for International
Development, shall publish a notice in the Federal
Register stating whether the Government of Sudan has
sustained the positive actions that gave rise to this
order.

Sec. 12. (a) This order is effective on January 13,
2017, except for sections 1, 4, 5, 6, and 7 of this
order;

    (b) Sections 1, 4, 5, 6, and 7 of this order are
effective on July 12, 2017, provided that the Secretary
of State, in consultation with the Secretary of the
Treasury, the Director of National Intelligence, and
the Administrator of the U.S. Agency for International
Development, has published a notice in the Federal
Register on or before that date, stating that the
Government of Sudan has sustained the positive actions
that gave rise to this order and that the Secretary of
State has provided to the President the report
described in section 10 of this order.

    (Presidential Sig.)

THE WHITE HOUSE,

    January 13, 2017.