Overview
On December 22, 2021, the US Treasury Department’s Office of Foreign Assets Control (OFAC) issued three general licenses (GLs) to authorize additional activities involving the Taliban and the Haqqani Network in Afghanistan that would otherwise be prohibited under the Global Terrorism Sanctions Regulations, 31 CFR part 594 (GTSR), the Foreign Terrorist Organizations Sanctions Regulations, 31 CFR part 597 (FTOSR), and Executive Order (EO) 13224. In comparison to earlier authorizations, the new GLs significantly expand the permissible activities that can be undertaken in Afghanistan by the US government, the United Nations (UN), nongovernmental organizations, and various other international organizations named in the GLs.
According to an accompanying Treasury Department news release, the new GLs build on GLs issued in September 2021, after the fall of the Afghan government, and are intended “to facilitate the continued flow of humanitarian assistance and other support for the Afghan people.” The GLs coincide with the adoption of UN Security Council Resolution (UNSCR) 2615 (2021), also on December 22, 2021, which establishes several humanitarian exemptions to the UN Afghanistan-related sanctions regime under USCR 1988 (2011).
OFAC also issued a Fact Sheet on humanitarian support to Afghanistan, stating that the Treasury Department seeks to ensure that humanitarian assistance and other support to the Afghan people “can continue to flow directly to Afghanistan through transparent and legitimate channels.” The Fact Sheet also explains that the Treasury Department seeks to enable Afghans and Afghan-Americans to support their families through personal remittances.
The new GLs are:
- GL No. 17—authorizing transactions and activities that are for the conduct of the official business of the US government by its employees, grantees, or contractors;
- GL No. 18—authorizing transactions and activities that are for the conduct of the official business of (i) the UN (including its Programmes, Funds, and Other Entities and Bodies, as well as its Specialized Agencies and Related Organizations); (ii) the International Centre for Settlement of Investment Disputes (ICSID) and the Multilateral Investment Guarantee Agency (MIGA); (iii) the African Development Bank Group, the Asian Development Bank, the European Bank for Reconstruction and Development, and the Inter-American Development Bank Group (IDB Group), including any fund entity administered or established by any of the foregoing; (iv) the International Committee of the Red Cross and the International Federation of Red Cross and Red Crescent Societies; and (v) the Islamic Development Bank, by those organizations’ employees, grantees, or contractors.
- GL No. 19—authorizing transactions and activities that are ordinarily incident and necessary to the activities of nongovernmental organizations (NGOs) related to (i) humanitarian projects to meet basic human needs in Afghanistan; (ii) rule of law, citizen participation, government accountability and transparency, human rights and fundamental freedoms, access to information, and civil society development projects, in Afghanistan; (iii) education in Afghanistan; (iv) non-commercial development projects directly benefitting the Afghan people; and (v) environmental and natural resource protection in Afghanistan.