The foreign contractor must be licensed to work in Sudan. In order for the foreign contractor to be licensed they must have a company which is classified as CLASS A and it must be registered with the Contractors Union and with the Council For Regulating The Engineering Contractors.
The Council For Regulating The Engineering Contractors Act 2003 provides that the foreign contractor cannot be licensed to work in Sudan unless the contractors’ qualifications, experiences and financial capabilities are sufficient to classify the company in the highest classification (Class A).
The foreign contractors may be licensed if they have been awarded a contract to execute a specific project in accordance with an international tender associated with foreign finance, must be under special conditions for a limited period of time, and this temporary license must be renewed annually until the full execution of the project.
The permanent foreign licensed contractor can only bid for the work which only (Class A) contractors are licensed to execute.
The foreign contractor cannot sub-contract any part of the work to a foreign sub-contractor without a prior written consent from the Council.
SCLO is currently co-counseling with Pinsent Masons in representing a client in East Africa in three arbitrations concerning the extraction and transportation of crude oil, where the opposing party is a quasi-state entity from the Subcontinent.