US REGISTRARS AND THE SUDAN SANCTIONS PROGRAM OF THE US TREASURY DEPARTMENT

Two news items of recent interest have raised a distinction between the duty of registrars to comply with the law of their jurisdictions versus subjective "content regulation".  The first item was the, to some, shocking news that the United States Government has certain sanctions in place relative to the nation of Cuba.   Whether the Cuba sanctions program is meritorious, effective, or productive, is not relevant to the program's existences as the law of the United States.  The discovery that the registration of domain names constitutes a commercial service, coupled with the discovery that a United States internet domain registrar was providing domain name registration services to a Spanish travel agency providing Cuban travel services, sent a few ripples of shock through the internet community that the United States government would dare to enforce its laws against a company doing business in the United States.  

The second item was a voluntary decision by a US domain registrar and hosting company not to provide services to a Dutch politician seeking to publicize a controversial film.  Again, there was discomfort in some quarters that, yes, businesses are entitled to choose among those with whom they do business (with the minor caveat in the US that such refusal cannot be made on the basis of certain defined characteristics of the person to whom service is refused).

The list of US Sanctions programs, and Specially Designated Nationals (SDN's) - individuals with whom the conduct of business is specifically prohibited - are explained in great detail and length at  the US Department of the Treasury Office of Foreign Asset Control, or OFAC website.  It is quite readable, and provides resources on sanctions program compliance in a variety of categories and data formats.

To avoid unpleasant surprises, US registrars in particular may want to give some thought as to whether they are in compliance with the  OFAC sanctions programs.  For example, some years ago, the government of Saddam Hussein operated most of its communications through a domain name registered via Register.com in New York.  I am not entirely certain what inspired them to move to a non-US registrar, but it quietly happened.  The Iraq government at that time did not control their own ccTLD - .iq - which was, ironically, delegated some years prior by Jon Postel to a gentleman in Texas who is currently convicted of violating OFAC sanctions on the basis of an entirely unrelated set of circumstances.

But, yes, people go to jail for violating these programs, and any clever individual can run throught the various sanctions programs and fairly quickly identify internet domain names among the listings.

Failure to mind the OFAC regulations cause a public relations problem, in addition to the imposition of penalties.


Let's take a look at one of the less contentious US sanctions programs, specifically the sanctions imposed by the US government that relate to organizations and individuals which have been identified as contributing to genocide in Darfur.  The Sudan sanctions program has several components.  First, we have a set of Federal Regulations relevant to performance of contracts and provision of services to entities in Sudan.  These regulations begin at Section 538 of Chapter 31of the Code of Federal Regulations.  Lawyers refer to this as 31 CFR 538, which includes the following sections:

31 CFR 538.207
Except as otherwise authorized, the performance by any United States
person of any contract, including a financing contract, in support of an
industrial, commercial, public utility, or governmental project in Sudan
is prohibited.
31 CFR 538.406
[...]
(c) The prohibitions contained in Secs. 538.201 and 538.207 apply to
services performed by U.S. persons, wherever located:
(1) On behalf of the Government of Sudan;
(2) With respect to property interests of the Government of Sudan;
or
(3) In support of an industrial, commercial, public utility or
governmental project in Sudan.

It's not often that rules come as clear as that.  It's very simple.  A US person, wherever located cannot perform a contract in support of an industrial, commercial, public utility or governmental project in Sudan.  We will leave aside the enforcement mechanisms and penalties for the time being.

As if those general rules, dating back a few years, were not clear enough, OFAC has added specific Sudanese SDN's to its collection.  The Darfur-related SDN's are as follows:

 
http://www.ustreas.gov/offices/enforcement/ofac/actions/20070529.shtml

05/29/2007

The names below with the description of [DARFUR] have been added to the SDN list pursuant to E.O. 13400 of April 26, 2006 as contribuing to the conflict in the Darfur region.

The following individuals have been added to OFAC's SDN list:

AUF, Awad Ibn (a.k.a. AUF, Awad Muhammad Ibn; a.k.a. AUF, Mohammed Ahmed Awad Ibn; a.k.a. AWF, Awad Ahmad Ibn; a.k.a. AWF, Awad Ibn; a.k.a. NAUF, Awad Mohammed Ahmed Ebni; a.k.a. OAF, Awad Mohamed Ahmed Ibn; a.k.a. OUF, Awad Mohamed Ahmed Ibn); DOB circa 1954; nationality Sudan; Head of Military Intelligence and Security (individual) [DARFUR]

HARUN, Ahmad Muhammed (a.k.a. HAROUN, Ahmed Mohamed; a.k.a. HAROUN, Ahmed Mohammed; a.k.a. HARUN, Ahmad; a.k.a. HARUN, Ahmad Muhammad; a.k.a. HARUN, Mawlana Ahmad Muhammad); DOB 1964; POB Kordofan, Sudan; nationality Sudan; State Minister for Humanitarian Affairs; former State Minister for the Interior; former Coordinator of the Popular Police Forces (individual) [DARFUR]

TAHA, Khalil Ibrahim Mohamed Achar Foudail (a.k.a. IBRAHIM, Khalil; a.k.a. MOHAMED, Khalil Ibrahim); DOB 15 Jun 1958; POB El Fasher, Sudan; alt. POB Al Fashir, Sudan; nationality Sudan; National Foreign ID Number 4203016171 (France) issued 20 Feb 2004; Registration ID 0179427 (France); Chairman, Justice and Equality Movement; Co-founder, National Redemption Front (individual) [DARFUR]

The following entities have been added to OFAC's SDN list:

ADVANCED ENGINEERING WORKS, Street No. 53, P.O. Box 44690, Khartoum, Sudan [SUDAN]

ADVANCED MINING WORKS COMPANY LIMITED, Elmek Nimir Street, Khartoum Bahri/Industrial Area, P.O. Box 1034, Khartoum 11, Sudan; Email Address admico@sudanmail.net (Sudan) [SUDAN]

ADVANCED PETROLEUM COMPANY (a.k.a. APCO), House No. 10, Block 9, Street 33, Amarat, P.O. Box 12811, Khartoum, Sudan [SUDAN]

ADVANCED TRADING AND CHEMICAL WORKS COMPANY LIMITED (a.k.a. ADVANCED CHEMICAL WORKS; a.k.a. ADVANCED COMMERCIAL AND CHEMICAL WORKS COMPANY LIMITED), 19 Al Amarat Street, P.O. Box 44690, Khartoum, Sudan; Email Address advance@sudanmail.net (Sudan); alt. Email Address accw@htg-sdn.com (Sudan) [SUDAN]

AL SUNUT DEVELOPMENT COMPANY (a.k.a. ALSUNUT DEVELOPMENT COMPANY), No. 1 Block 5 East, Khartoum 2, P.O. Box 1840, Khartoum, Sudan; Website www.alsunut.com (Sudan); Email Address info.AlsunutKhartoum@alsunut.com; Email Address info.AlsunutDubai@alsunut.com [SUDAN]

ALFARACHEM COMPANY LIMITED (a.k.a. AL PHARAKIM; a.k.a. ALFARACHEM PHARMACEUTICALS INDUSTRIES LIMITED; a.k.a. ALFARAKIM), 27 Al Amarat Street, Khartoum, Sudan [SUDAN]

ARAB SUDANESE BLUE NILE AGRICULTURAL COMPANY, Khartoum, Sudan [SUDAN]

ARAB SUDANESE SEED COMPANY, Khartoum, Sudan [SUDAN]

ARAB SUDANESE VEGETABLE OIL COMPANY, Khartoum, Sudan [SUDAN]

ASSALAYA SUGAR COMPANY LIMITED, Eastern Bank of White Nile River, near Rabak town (about 300 km from Khartoum, P.O. Box 511, Khartoum, Sudan [SUDAN]

AZZA AIR TRANSPORT COMPANY LTD. (a.k.a. AZZA AVIATION COMPANY; a.k.a. AZZA TRANSPORT), German Culture Center, McNimer Street, P. O. Box 11586, Khartoum, Sudan [DARFUR]

BASHAIER, Khartoum, Sudan [SUDAN]

GIAD AUTOMOTIVE INDUSTRY COMPANY LIMITED (a.k.a. GIAD AUTOMOTIVE AND TRUCK; a.k.a. GIAD AUTOMOTIVE COMPANY; a.k.a. GIAD CARS & HEAVY TRUCKS COMPANY), Gazera State (40 km distance from Khartoum), P.O. Box 444/13600, Khartoum 1111, Sudan; Website www.giadmotors.com/giad_auto.html [SUDAN]

GIAD MOTOR INDUSTRY COMPANY LIMITED (a.k.a. GIAD MOTOR COMPANY), Basheer Mohammad Saeed Building, Baladia Street, P.O. Box 13610, Khartoum, Sudan; Website www.giadmotors.com (Sudan) [SUDAN]

GUNEID SUGAR COMPANY LIMITED (a.k.a. GUNEID SUGAR FACTORY), P.O. Box 511, Khartoum, Sudan [SUDAN]

HI TECH GROUP (a.k.a. HIGH TECH GROUP; a.k.a. HIGHTECH GROUP; a.k.a. HITECH GROUP), Amarat Street No. 31, P.O. Box 44690, Khartoum, Sudan; Website www.htg-sdn.com (Sudan) [SUDAN]

HICOM (a.k.a. HI-COM), Khartoum, Sudan [SUDAN]

HICONSULT (a.k.a. HI-CONSULT), Khartoum, Sudan [SUDAN]

HI-TECH CHEMICALS, Khartoum, Sudan [SUDAN]

HI-TECH PETROLEUM GROUP, Khartoum, Sudan [SUDAN]

NEW HALFA SUGAR FACTORY COMPANY LIMITED (a.k.a. NEW HALFA SUGAR COMPANY), El Gamaa Street (Aljama Street), New Halfa, P.O. Box 511/3047, Khartoum, Sudan; Email Address sukar@sudanmail.net (Sudan) [SUDAN]

PETROHELP PETROLEUM COMPANY LIMITED, Building No. 20, Street No. 42, Al Riyadh Area, P.O. Box 44690, Khartoum, Sudan [SUDAN]

RAM ENERGY COMPANY LIMITED, Altiyadh Street 131/Almashtal Street, Block 12, House No. 87, P.O. Box 802, Khartoum, Sudan [SUDAN]

SENNAR SUGAR COMPANY LIMITED, P.O. Box 511, Khartoum, Sudan; Email Address sukar@sudanmail.net (Sudan) [SUDAN]

SHEIKAN INSURANCE AND REINSURANCE COMPANY LIMITED (a.k.a. SHEIKAN
INSURANCE COMPANY), Al Souq Al Arabi, Sheikan Building, Khartoum SU001, P.O. Box 10037, Khartoum, Sudan; Email Address sheikan@sudanmail.net (Sudan) [SUDAN]

SUDAN ADVANCED RAILWAYS, Khartoum, Sudan [SUDAN]

SUDAN GEZIRA BOARD (a.k.a. GEZIRA SCHEME), Khartum Gezira Scheme Building, 39th Street, P.O. Box 884, Khartoum, Sudan [SUDAN]

SUDAN MASTER TECHNOLOGY (a.k.a. GIAD INDUSTRIAL CITY; a.k.a. GIAD INDUSTRIAL GROUP; a.k.a. SUDAN MASTER TECH), SMT Building, Gamhuria Street, GIAD Industrial Complex, P.O. Box 10782, Khartoum, SU001, Sudan; Email Address info@sudanmaster.com (Sudan); Website www.sudanmaster.com (Sudan) [SUDAN]

SUDAN TELECOMMUNICATIONS COMPANY LIMITED (a.k.a. SUDATEL), 9th Floor, Sudatel Tower, Nile Street, Khartoum, Sudan; Sudatel Tower, Al Horriya Street, P.O. Box 11155, Khartoum, Sudan; Email Address info@sudatel.net (Sudan); Website www.sudatel.net/en (Sudan) [SUDAN]

SUDANESE SUGAR PRODUCTION COMPANY LIMITED (a.k.a. SUDANESE SUGAR COMPANY), El Gamaa Street (Aljama Street), Opposite the Authority of Electricity Building, P.O. Box 511, Khartoum, Sudan; P.O. Box 511, Building No. 3-Block No. 7, Alshatte Gharb-Gammaa Avenue, Khartoum, Sudan; Email Address sukar@sudanmail.net (Sudan) [SUDAN]

WAFRA PHARMA LABORATORIES (a.k.a. WAFRA PHARMACEUTICALS; a.k.a. WAFRAPHARMA LABORATORIES), Main Street, P.O. Box 2032, Omdurman, Sudan; Email Address waframed@sudanmail.net (Sudan) [SUDAN]

So, we have a general set of rules against performing contracts with commercial entities in Sudan by US persons wherever located, and we have a specific list of Sudanese entities and individuals, just to be really clear about the matter that these are folks with whom nobody in the US should be dealing.

Now, what is an internet domain name?  Without engaging in what amounts to a religious argument over the legal substance of a domain name, there is no doubt that there is a substantial contractual component to the registration of a domain name.  One can visit any internet domain registrar and while away the hours reading their respective terms of service, and registrars make very clear that the provision of domain registrations is a service governed by contractual conditions set forth in loving detail.  There is further no doubt that the registration of a domain name is a commercial transaction conducted for profit by a number of internet registrars, many of them located in the United States.

Looking over the list of Sudanese SDN's it is immediately apparent that many of them are identified by their internet domain names.  

Take for example Sudan Telecommunications Company Limited.  Their email address is info@sudatel.net, and their website is also located at www.sudatel.net.   How did they get their domain name?  Simple.  By entering into a contract with Network Solutions LLC. of Herndon, Virginia, and by identifying themselves to Network Solutions thusly in their domain registration data:

Registrant:
Sudan Telecom Co. (Sudatel)
   Baraka Tower 10th floor
   Khartoom
   Khartoum, qc h1s 1m2
   CA

   Administrative Contact:
      Dawood, Fakeer  drdawood45@hotmail.com
      Dawood, Fakeer
      Sudatel
      Baraka Tower 10th floor
      P.o.Box 11155
      Khartoom, QC H1S 1M2
      CA
      514-261-8325 fax: 999-999-9999

   Technical Contact:
      Sudatel  fakeer.dawood@USA.NET
      Baraka Tower 10th floor
      Khartoom
      SD
      +249-12-301973 fax: +249-11-778792

What is particularly fascinating about the domain registration data for sudatel.net, with whom no US entity should be doing business, is that not only is the domain registration contract provided by Network Solutions, but the administrative contact email address is provided by Microsoft (hotmail.com) and the technical contact email address is provided by USA.net Inc. of Colorado Springs, Colorado.  One might also note that the WHOIS information incorrectly identifies the registrant address as being in Canada (which is consistent with the 514 area code given as a telephone number).
Now, Network Solutions is hardly alone among US internet domain registrars providing contractual services for profit to entities which US law identifies as being engaged in the material support of genocide.  

Again, referring to the Sudanese SDN list, we have  the Giad Motor Industry Company Limited, whose domain name is registered via Enom of Bellevue, Washington, to:

Registrant Contact:
   MASCOM
   Mohamed ALI (MOHAMED@DESCSUDAN.COM)
   +249.12300110
   Fax: 0024911781408
   33 St17 Khartoum East
   Khartoum, KHARTOUM 44507
   SD
Administrative Contact:
   Dataflame Internet Services Ltd
   Dataflame Ltd (domains@dataflame.com)
   +441202826450
   Fax: +441202826450
   PO Box 5425
   Verwood, DORSET BH31 6WZ
   GB
Technical Contact:
   MASCOM
   Mohamed ALI (MOHAMED@DESCSUDAN.COM)
   +249.12300110
   Fax: 0024911781408
   33 St17 Khartoum East
   Khartoum, KHARTOUM 44507
   SD

In contrast to the somewhat obfuscated country identified in the sudatel.net domain registration, the country of the domain registrant for giadmotors.net is clearly indicated to be Sudan.  Hence, Enom can readily determine, simply by searching its own registration database, which domains are registered through Enom to entities in Sudan.

And, just to be sure that we're not singling out any chosen ones of the largest US ICANN-accredited internet domain registrars, the identified domain name of the Al Sunut Development Company - alsunut.com - is registered via GoDaddy of Scottsdale, Arizona:

Registrant:
   Dal Group
   P.O.Box 807
   Khartoum, Khartoum P.O.Box 80
   Sudan
   Registered through: GoDaddy.com, Inc. (http://www.godaddy.com)
   Domain Name: ALSUNUT.COM
      Created on: 14-Mar-05
      Expires on: 14-Mar-15
      Last Updated on: 06-Jul-05

   Administrative Contact:
      Magzoub, Ahmed  ahmed.magzoub@dalgroup.com
      Dal Group
      P.O.Box 807
      Khartoum, Khartoum P.O.Box 80
      Sudan
      185444111      Fax --

   Technical Contact:
      Magzoub, Ahmed  ahmed.magzoub@dalgroup.com
      Dal Group
      P.O.Box 807
      Khartoum, Khartoum P.O.Box 80
      Sudan
      185444111    


Finally, and this can't be emphasized enough - this issue is not about censorship.  It is not about making subjective judgments about content.  The sanction against providing commercial services to entities in Sudan cannot be any clearer than the way it is written, and GoDaddy is perfectly capable of identifying domain names under their accreditation which identify "Sudan" as the country of their own registrant.  It's certainly not the first time I've written about this particular issue.

Censorship is something entirely different.  If, for example, GoDaddy and Domains By Proxy wants to do business with the folks over at WhiteHonor.com, a self-professed Aryan Hate Site,, that's entirely within GoDaddy's discretion.  

Complying with national law, however, is not an option, and restrictions on certain types of commerce is certainly not unique to the United States.  In much of Europe, for example, the type of website at www.whitehonor.com would be illegal in its own right.

In the long run, it is not going to look good for any registrar, or for ICANN, when the ill-intentioned discover such nuggets hidden among the OFAC programs, such as the observation that the upcoming North American Registrars Meeting in New Orleans is being hosted in part by a domain name registrar which is providing domain registration services for the website used by the Islamic Army of Iraq, at which are hosted celebratory videos of US soldiers being blown up by improvised explosive devices.  If US registrars continue to operate blindly, and respond only when a public enforcement action is made, then sooner or later someone is going to start wondering about whether the registries are also liable, or indeed ICANN itself (which delegated the Sudanese ccTLD to an employee of, you guessed it, Sudatel, in 2002).

John Berryhill
March 26, 2008
(All data presented herein is current as of March 25, 2008, and may not be current as of the date you are reading this page.  Those seeking to find updated information about any of the domains or registration data listed here should check the current WHOIS information.)