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Financial Services Law Insights and Observations

OFAC issues additional Afghanistan general licenses and guidance to support humanitarian assistance

Financial Crimes Of Interest to Non-US Persons OFAC Department of Treasury OFAC Sanctions OFAC Designations Afghanistan

Financial Crimes

On December 22, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) issued three general licenses (GLs) to expand existing authorizations and further support humanitarian assistance in Afghanistan. The GLs authorize transactions and activities involving the Taliban or the Haqqani Network that would otherwise be prohibited by the Global Terrorism Sanctions Regulations, the Foreign Terrorist Organizations Sanctions Regulations, or amended Executive Order 13224. Subject to certain conditions, General License 17 authorizes transactions “that are for the conduct of the official business of the United States Government by employees, grantees, or contractors thereof”; General License 18 authorizes transactions and activities that are for the conduct of the official business of specified international organizations and other international entities by employees, grantees, or contractors; and General License 19 authorizes transactions and activities that are ordinarily incident and necessary to specific nongovernmental organizations’ activities, such as humanitarian projects to meet basic human needs and activities that support rule of law, citizen participation, government accountability and transparency. Notably, the GLs do not authorize (i) financial transfers to identified blocked persons (except for when executing the payment of certain taxes, fees, or import duties, or for the purchase or receipt of permits, licenses, or public utility services); or (ii) “[a]ny debit to an account on the books of a U.S. financial institution of any blocked person” described within the GLs.

In addition to the GLs, OFAC published several responses to frequently asked questions to provide clarity on the scope of GLs and U.S. sanctions on the Taliban and the Haqqani Network (see FAQs 928929931950951952953954, and 955). OFAC also issued a humanitarian fact sheet providing an overview of the newest authorizations and latest guidance regarding the flow of humanitarian assistance to Afghanistan.