Low RiskFARExport Control

52.225-20Prohibition on Conducting Restricted Business Operations in Sudan—Certification.

Researched by the BidStride Research Team

What This Clause Requires

FAR 52.225-20 — Prohibition on Conducting Restricted Business Operations in Sudan—Certification.. This clause is part of the Federal Acquisition Regulation and may be included in government contracts as a solicitation provision or contract clause.

Official Regulation Text

52.225-20 Prohibition on Conducting Restricted Business Operations in Sudan—Certification. As prescribed at 25.1103(d), insert the following provision: Prohibition on Conducting Restricted Business Operations in Sudan—Certification (AUG 2009) (a) Definitions. As used in this provision— Business operations means engaging in commerce in any form, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce. Marginalized populations of Sudan means— (1) Adversely affected groups in regions authorized to receive assistance under section 8(c) of the Darfur Peace and Accountability Act (Pub. L. 109-344) (50 U.S.C. 1701 note); and (2) Marginalized areas in Northern Sudan described in section 4(9) of such Act. Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate— (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services t

Source: eCFR, 48 CFR 52.225-20 (https://www.ecfr.gov/current/title-48/section-52.225-20)

Compliance Checklist

    Flow-Down to Subcontractors

    No flow-down required

    This clause applies only to the prime contract and does not need to be flowed down to subcontractors.

    Frequently Asked Questions

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    This summary is for informational purposes only and reflects the BidStride Research Team's plain-English interpretation of the regulation. It is not legal advice and does not constitute an attorney-client relationship. Always consult the official Federal Acquisition Regulation (FAR) or Defense Federal Acquisition Regulation Supplement (DFARS) text and qualified legal counsel for compliance decisions.