PROTOCOL ON THE ESTABLISHMENT OF HUMANITARIAN ASSISTANCE IN DARFUR

The Ministry of Humanitarian Affairs (MHA) and the Humanitarian Aid Commission (HAC) have taken the privilege to issue the first Direc­tory of Procedures for NGOs in order to facilitate the activities of the NGOs in the Sudan. MHA and HAC aware the importance of providing procedures information that organize the activities of the NGOs. The complete Directory of Procedures for NGOs was mainly issued for the first time to organize and control the work and activities of NGOs.

The directory consists of many chapters that provide a package of important information for those who work with the Humanitarian and Voluntary Aid in the Sudan. The directory is also sig­nificantfortheVolunteeringOrganizations, OfficialEstablishments, Ministries, UN specialized agencies or Donating Establishments and Countries.

Needless to say that the directory has considerable benefits and also it provides a good opportunity to record all procedures regarding the organization of all activities of the Voluntary work and at the same time such procedures promote and control the humanitarian activity in the Sudan.

The directory also provides the most important procedures needed for all working organizations. The procedures can be summarized in registration of new organization, the immigration pro­cedures, customs, taxation, registration of vehicles and equipment , issuing the plate numbers, clearance, recruitment, organization work, health procedures, medical staff, communications devices, arrivals at airports and seaports, aviation traffic, media documentary materials, UN organizations and facilitation of Darfor Humanitarian Aid.

Moreover, the directory provides a good opportunity to organize the administration channels and create considerable coordination with different local and international partners in the field of humanitarian Voluntary activities. All chapters in the directory reflect the role of the   ministries and governmental establishments in order to create good contacts, develop the cooperation and coordination with all official and governmental establishments as well.

We do hope that, issuing such directory represents a turning point that will help out the current information development and the international organizations.
In addition, the directory will inevitably push forward the field of humani­tarian work track in the Sudan considering the present significant rising of the international development in various fields.

Registration procedures of national voluntary organization, civil society or­ganization and charity organization:

In addition to the conditions stated in article (9) of the Humanitarian and Voluntary Act 2006, the concerned organization shall present the following documents for the registration purpose:

2.1.1 The request shall be submitted to the director (temporally in charge) or the Higher Executive Adminis­trator of the Interim Board of Trustees.

2.1.2 Two copies of lists of founder members of the organization shall be attached and shall state the fol­lowing:

• Name:
• Profession:
• Address (work/Residence/Telephone Number)
• Signature:

2.1.3 Filling in the form of the committee.

2.1.4 Temporary Address and location of the organization building.

2.1.5 Location or locations which expected to be accommodated.

2.1.6 A copy of the organization constitution shall be attached and includes the following:

• The objectives and general/special purposes of the organization.
• The required and available means to achieve the objectives and purposes.
• The Organizational and Administrative Structure, its missions and specializations.
• Conditions of acquiring or loosing membership.
• Financial Resources.
• Procedures of constitution amendments.
• Procedures of dissolving the organization and vesting its assets.

2.2 Registration Conditions for Foreign Organizations:

2.2.1 Permanent Registration:
In addition to the terms of article 9 (3) of the Humanitarian and Voluntary 2006, the concerned organization shall provide the following:
• The organization shall submit a request to the Registrar General. The organization shall state in this re­quest the type of activity or expected programmes to be implemented in the Sudan. Such activity or programmes

shall not be religious, missionary, ethnic, political or in contradiction with the prevailing laws in the Sudan.

• Filling in form (A) and shall be submitted to the Embassy of Sudan, the Sudan Diplomatic Mission in the country of origin or to the nearest embassy in the region.
• A copy of the Financial Report and all the organization activities in the last three years.
• The organization shall sign the Country Agreement with the registrar before activities start.
• Paying U$ 500 Fees or equivalent amount in Sudanese currency.
• When all requirements are provided by the concerned organization, a registration certificate shall be is­sued within three months.

2.2.2 Temporary Registration (Darfur):

All organization working in Darfor shall follow the special temporary procedure based on form (B) as fol­low:
• The organization shall submit a request to the Registrar General. The organization shall state in this request type of activity or expected programmes to be implemented in the Sudan. Such activity or pro­grammes shall not be religious, racial, ethnic, political or in opposition to the prevailing laws in Sudan.
• Filling in form (A) and shall be submitted to the Embassy of Sudan or to the Sudan Diplomat Mission in the country of origin, the nearest embassy or to commission Authorities in Khartoum.
• A copy of the Financial Report and all the organization activities in the last three years.
• Paying U$ 500 Fees or equivalent amount in Sudanese currency.
• When all requirements are provided by the concerned organization, a registration certificate shall be is­sued during one week

3.1 Procedures of an entry visa for work purpose:
To obtain such visa, the applicant shall provide the following requirements:
• A letter from the organization requesting a visa and stating the profession/ place of work/ contract dura­tion/ and shall be signed by the Country Director or his/her assistant in the country.
• A recent and colored photo.
• A copy of the passport which includes full name and other details.
• A resume and academic qualification (in case of medical doctors/engineers/nurses).

• Filling the passport form.
• A copy of the technical agreement of the expected project.
3.2 Procedures of entry for visiting the organization:
For the purpose of visiting the organization, applicant shall provide the following to obtain the visa:
• A letter from the organization which includes the person/purpose of visit/required period/ the relation of the visitor with the organization. The letter shall be signed by Country Director or his/her assistant.

• One photo.
• Filling in the required form.

3.11.2 Traveling Procedures for Nonresident Foreigners:
A travel letter shall be issued for foreigners who don’t have residence permits and they need to move from one place to anther. Requirements are as follow:
• A letter from the organization stating name of person, destination and purpose of visit.
• Filling in the required form of movement.
• Copy of passport and the entry visa.

3.11.3 UN Agencies, International Organizations and Donors:
• A letter stating purpose of visit.
• Traveling Form issued by the Ministry of Foreign Affairs (Peace Dept).
• A valid Residence Permit.
• A copy from the passport.

4.1 Customs Exemptions for National Organizations:
Organizations are entitled for customs exemptions based on the following conditions:

4.1.1 Signing the customs agreement which is obtained according to the following conditions:
• One year passed for registration of the organization.
• The organization shall have a established office.
• The organization shall have implemented projects.

4.1.2 The imported items list shall be in line with the activities of the
organization.
4.1.3 The organization shall submit a report about its activities.
4.1.4 Filling in the form of customs exemption.

4.2 Customs Exemptions for Foreign Organizations:
Organizations are entitled for customs exemptions after signing the customs agreement that will be ob­tained based on the following conditions:
• A valid registration of the organization.
• The organization has signed the Country Agreement.
• The list of imported items shall be in line with the activities, plans and the suggested projects of the organiza­tion.
• After obtaining the approval from the HAC, documents are forwarded to the Ministry of Finance for approval.
• Renewal of Agreement and approval of imported items shall be annually obtained and based on the activities of the project.
• Unless the organization submits its annual reports which include the level of using the items for the previous year, the Customs Agreement shall not be renewed
Note:
All lists of imported items and all requests for customs exemptions shall be signed by the country director.

4. 3. Vehicles, Machineries and Equipment::
Vehicles , machineries and equipment which are bought from local market are exempted from customs fees. The organization shall submit a request for exemption and the invoice is required.

4.4 Medications:
Medications can be imported according to the following requirements:
• A technical agreement with relevant authorities endorsed by HAC shall be presented.
• A written approval issued by the Pharmacology and Toxics Department at the Federal Ministry of Health.
• A letter which includes type and quantity of medications and vaccines, storages, health projects and the beneficiaries.
• A copy of the bill of lading.
• A copy of the medication list.

4.5 Medical Equipment:
• A letter that includes type of equipment, quantity, projects, beneficiaries and storages.
• A copy of the bill of lading.
• A copy of the equipment list.

4.6 Relief Materials traveled by air:
• A letter from the organization that includes a list of imported items and shall be included in the approved customs agreement.
• In case of food stuff, an approval is required from the Health, Food Control Authorities and the Sudanese Standards and Metrology Organization (SSMO).
• The organization shall determine the airliner/ type of aircraft/ spaces that crossed / flight number and the arrival time.
• It is not allowed for any aircraft to land on secondary airports unless a permit is taken from the concerned authorities.
• HAC is responsible of contacting the civil aviation authorities for fees exemption for aircraft cross space, landing or taking off fees.

4. 7 Procedures of adding a list of imported items:
• A letter from the organization and signed by the country
manager which justifies the request of adding imported items
• A copy of a valid customs agreement.
• Three copies of the previous list of imported items.
• The request shall be submitted to HAC and forwarded to the Ministry of Finance for ap­proval.

5. 1 Taxation Procedures:
• All imported items that included on the lists and according to the customs agreement are exempted from all types of taxation and fees except the Value Added Tax (VAT) for local purchasing items. Such exemp­tions are based on article 86 (A) customs law.

5.2 The Value Added Tax (VAT):
• The Value Added Tax is payable for all imported items which purchased from local market whether these items are stated on the imported lists or not.

5.3 Ports Fees:
• A letter from the organization is required for the port/deck fees exemption. Bill of lading and the import certifi­cate which includes type and weight of imported items. Deck fees are also required.

5.4 Individual Income Tax:
• The foreign workers who join for voluntary organizations are exempted from individual income tax.
• Sudanese workers who join foreign organizations pay individual income tax. Such tax is applied for cer­tain categories according to the taxation law.
Note: Exemptions shall not include services provided by the localities such as the fees for Environment Health.

6.1 Registration of abroad purchased Cars and Machineries:
A request from the organization which includes the followings:
• Number and type of cars or machineries.
• Import Certificate which states the engine number/chasse Number/model/color.
• A special number shall be given to the organization and documents are forwarded to the concerned de­partment.

6.2. Registration of locally purchased Cars and Machineries:
A request from the organization which includes the followings:
• Number and type of vehicles or machineries.
• Import Certificate which states the engine number/chasse Number/model/color.
• Engine Number / Chasse Number / Invoice of Purchase. Documents shall be forwarded by HAC to the concerned department.

7.1 General Requirements:
• Imported items are permitted to enter the Sudan.
• Imported items are on the approved lists.
• Imported items are related to the field of the organization.
• Imported items are entered the country through legal ports.

7.2 Clearance of Vehicles and Machineries:
• A letter from the organization states the number and types of cars.
• Bill of lading and import certificate.
• If the vehicles are not allocated for Darfur, approval from the Ministry Of Finance is required.

7.3 Clearance of Relief Materials (not food):
• A letter from the organization states type of materials to be exempted.
• Bill of lading or the invoice.
• Documents shall be forwarded to the Customs, Sudanese Standards and Metrology Organization (SSMO) and Food Control Authorities.

7.4 Clearance of Relief Materials (food items):
• A letter from the organization states type of materials to be exempted.
• Bill of lading and import certificate.
• Documents shall be forwarded to the Customs, Sudanese Standards and Metrology Organization (SSMO) and Food Control Authorities.

7.5 Clearance of Medications and Medical Equipment:
• A letter from the organization states type of medications and medical equipment to be exempted.
• Bill of lading or the invoice.
• Documents shall be forwarded to the Customs, Sudanese Standards and Metrology Organization (SSMO) and General Directorate of Pharmacy at the Federal Health Ministry.

7.6. Clearance of Communication Devices:
• A letter from the organization states type of communication devices and their number
• Imported Items list concludes devices approved by the Ministry of F finance. These requirements are applied for all cases except Darfor states.
• Bill of lading.
• Approval from National Communications Commission

8.1 Procedures of Foreign Workers who are resident in the Sudan and join For­eign Organizations.
• Approval of Aliens Department at the Ministry of Interior.
• Approval of Refugees Affairs Authority if the applicant is a refugee.
• Applicant shall have a resident permit and is allowed to work in the Sudan.
• Approval from HAC.
• Approval from the labor department at the HAC.

8.2 Procedures of Work Permit for Foreigners:
• The organization shall get approval from the HAC.
• Certificate states that the applicant is free of AIDS.
• A copy of the passport (basic details page/ residence/visas).
• Three photos of the applicant.
• Documents shall be submitted to the Labor Department at HAC to complete procedures.
• A financial receipt that shows the fees payment.
• Based on resolution number (22) issued in 2006 by the Labor Minister, the Work Permit shall be approved, signed and stamped by the manager of the Labor Department at the HAC.

8.3 Procedures of renewal the Work Permit:
• Based on the job description and the period of the project, the organization shall get the approval from HAC to renew the work permit.
• Previous work permit and a copy of the passport shall be attached.
• Three photos.
• Documents shall be submitted to the Labor Department at HAC to complete the procedures.
• A financial receipt that shows the fees payment.
• Approval of work permit signed and stamped by the manager of the Labor Department at HAC according to the Labor Law and the Country Agreement.

8.4 Procedures of recruiting citizens to work for Foreign Organizations:
• Organization shall submit a request to HAC to obtain approval to advertise the vacancy in at least two daily newspapers. The ad shall include conditions and requirements of the vacancy
• After the approval of the commission, all documents are forwarded to the Labor Department at HAC to complete procedures according to the laws and labor regulations and the Country Agreement.
• A financial receipt that shows the fees payment.
• Applications sorting out and conducting written tests and interviews shall be done by the joint commit­tee.
• Preparing the short lists and determining the first and the second candidates.
• Approval of appointment is signed by the Director of the Labor Department at the Commission.

9.1 Entry of Emergency Medications or Medical Equipment:
• A copy of the medications list.
• A certificate of approval from the Pharmacy and Toxics Department at the Federal MOH.

9.2 Reallocation of medications or medical equipment in emergency cases:
Medications and medical equipment can be reallocated in emergency cases as follow:
• Obtaining a written approval from the State Ministry of Health in which the medications and the medical equipment shall be shifted from the project.
• A brief report about the project from which the medications and equipment are shifted considering that the project can be smoothly implemented.

• Devices shall agree with the needs of the projects.
• Obtaining a written approval from the Communications Commission.
• In case of requesting the ground fixed satellites or the portable satellites, an approval from the Sudan Communications Commission is required.
• Based on the laws of the government, Illegal devices are not included.
• Approval from the concerned organization to recruit a communication technician from HAC to operate the fixed devices which belong to the organization.
• Number of communication fixed and portable devices and places of operation shall be determined for ap­proval.

• A letter from the organization states the Public Relations Officer who shall be a Sudanese national.
• Two recent photos and a valid ID.
• In case of renewal, a copy of the previous card of entry shall be attached.
• A temporary entry permit which is valid for three months shall be issued by the Civil Aviation Authority and shall be renewed after an approval from the HAC.

12.1 Weekly and Monthly Schedules of Aviation Traffic:
To approve the monthly and weekly schedules of aviation traffic, the followings are required:
• A monthly suggested schedule of aviation traffic.
• A weekly and a detailed traffic schedule.
• The schedule includes area in which humanitarian aid is provided and approved by the Ministry of Humani­tarian Affairs.
• A approval from HAC in coordination with the Civil Aviation Authority is required.

12. 2 Daily Manifesto of Aircraft:
For the approval of the daily manifesto of aircraft, the followings are required:
• The aircraft manifesto shall be submitted (48) hours before the aircraft takes off except for Darfur.
• The manifesto shall only include organizations operating in humanitarian aid, donors, employees of hu­manitarian aid in North and South of the Sudan.
• Alterations in the manifesto is only allowed for flights to Darfor states
• Changing or adding any passengers in the manifesto is not allowed except for the flights to Darfor states.

• A letter from the organization which includes details and purpose of Media Delegation.
• The organization shall undertake in writing that the Media Documentary Materials shall be only for humanitarian purposes and not for commercial or any other purposes.
• Approval by the External Information Department, Ministry of Information.

In order to decrease the level of the crises and at the same time facilitates the flow of aid between the Sudan and the UN, the Fast Track method was adopted for Darfor. Based on the representative of the president of the republic in Darfor states, imported items for Humanitarian aid, Customs, Departmental, Health and Medi­cal procedures are exempted from any fees.

14.1 Registration:
• Registration of Voluntary organization within (7) days after filling in form (B).

14.2 The Entry Visa:
Visa is issued at the embassy for working only in Darfor. The organization shall request the visa in the Sudan after the following requirements are provided:
• A resume.
• A copy of the passport.
• A letter from the organization includes the job, the work site and the required duration.

14.3 Residence:
• A visa will only be issued to join the Darfor Emergency Programme and the residence permit will be ob­tained accordingly.
• Residence Permit is given according to the periodical extension of Darfor Emergency Programme.
• The worker who obtained the Residence Permit is not allowed to work in areas outside Darfor.

14.4 Notices of Traveling:
• Notice of traveling shall be submitted (24) hours before leaving for Darfor states.

14.5 Aviation Traffic:
• Lists of passengers (Manifesto) shall be presented on the Humanitarian Aid Aircraft (48) hours before take off. Two hours before take off, changing on passenger list can be done.

14.6 Imported Items for Darfor Humanitarian Aid:
• Procedures of imported items for Darfor Humanitarian Aid can be done through the FAST TRACK at Port Sudan Seaport and Khartoum Airport based on the following requirements:
• A letter from the organization to the HAC.
• Bill of lading.
• A letter from HAC.

Procedures for Permission of Work in New Areas / Opening of NGOs Sub-Offices are as follows:
• A letter from the organization requesting permission of work at the designated state(s).
• Submission of a work Plan/ Proposal of Work indicating the targeted activities, estimated budget, partners and time duration.
• Approval of HAC at state level.
• In case of foreign workers, application of immigration and travel permit procedures.

All NGOS who are going to carry out any Surveys or field Assessments at either federal or state levels should apply the following procedures:
• The surveys/ field Assessments must be directly related to the nature and field(s) of the NGO work
• Involvement of the related technical Governmental department at federal and state levels within the whole process.
• Involvement of the related Governmental Bodies in writing of the survey final reports results and findings
• Unless approved by HAC, release of the survey findings and results is totally prohibited.

17.1 Definition of technical Agreement:
Technical agreement is an agreement signed by the NGO from one side and the technically related feder­al, state ministry or governmental bodies from the other side that includes all the details of the project(s) or activities to be carried out and implemented such as the duties and responsibilities of each of the involved parties, time duration and the proposed activities based on the project document and budget. All technical agreements shall be endorsed by HAC.

17.2 Fields for signing of technical agreement:
• Health and Nutrition
• Education
• Water, Sanitation and Environmental Health
• Agriculture and Livestock
• Welfare and Social Development
• Any other activities related to the humanitarian and voluntary work

17.3 Requirements needed for signing of the technical agreement:
• Valid registration of the NGO.
• Relevance of the targeted project(s) to the nature of the NGO work.
• Clear Description of the monitoring, evaluation and reporting methodology and tools to be used.

17.4 Procedures for signing of the technical Agreement:
Procedures for singing of a Technical Agreement between NGOS and the designated Federal, State Ministries or Governmental Bodies are as follows:
• Filling of the special format prepared by HAC
• Signing of the Technical Agreement by the involved parties (GOS, HAC State, NGO).
• Submission of the signed Technical Agreement for endorsement by HAC federal (origin and two copies).

18.1 National NGOS:
The procedures for opening of bank accounts are as follows:
• A letter from the NGO signed by the NGO Director includes the name of the bank targeted and type of the currency to be used.
• Names, positions and signatures of the assigned persons responsible for signing of the cheques according to the NGO constitution.
• A letter from HAC to the bank requesting the opening of the concerned bank account.

18.2 International NGOS:
1. A letter from the NGO signed by the Country Director indicating the name or the branch of the bank target­ed, currency to be used, assigned persons for signing the bank cheques according to the NGO constitution
2. A letter from HAC to the bank requesting the opening of the concerned bank account according to the legal procedures

1. Registration Form for the Foreign Voluntary Organization
Form (A) and Form (B).
2. National Organization Registration Form.
3. Brief idea about the Ministry of Humanitarian Affairs and HAC.
4. General idea about Sudan.
5. Political Map of Sudan