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:
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.
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.)