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A different kind of Executive Order…

Issuance of Executive Order Protecting Certain Property of Da Afghanistan Bank for the Benefit of the People of Afghanistan

Release date

02/11/2022

Body

The President has signed a new Executive Order Protecting Certain Property of Da Afghanistan Bank for the Benefit of the People of Afghanistan.

And here is the guts of the E.O.:

I, JOSEPH R. BIDEN JR., President of the United States of America, find that the widespread humanitarian crisis in Afghanistan — including the urgent needs of the people of Afghanistan for food security, livelihoods support, water, sanitation, health, hygiene, shelter and settlement assistance, and COVID-19-related assistance, among other basic human needs — and the potential for a deepening economic collapse in Afghanistan constitute an unusual and extraordinary threat to the national security and foreign policy of the United States. I hereby declare a national emergency to deal with that threat. In addition, I find that the preservation of certain property of Da Afghanistan Bank (DAB) held in the United States by United States financial institutions is of the utmost importance to addressing this national emergency and the welfare of the people of Afghanistan. I also understand that various parties, including representatives of victims of terrorism, have asserted legal claims against certain property of DAB or indicated in public court filings an intent to make such claims. This property is blocked under this order.

Accordingly, I hereby order:

Section 1. (a) All property and interests in property of DAB that are held, as of the date of this order, in the United States by any United States financial institution, including the Federal Reserve Bank of New York, are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in, except as set forth in subsections (b) and (c) of this section.

(b) United States financial institutions shall promptly transfer the blocked property described in subsection (a) of this section into a consolidated account held at the Federal Reserve Bank of New York.

(c) The prohibitions in subsection (a) of this section apply except to the extent provided by statutes, or in regulations, orders, directives, or licenses that may be issued pursuant to this order, and notwithstanding any contract entered into or any license or permit granted before the date of this order.

Sec. 2. This order and actions taken pursuant to this order shall apply notwithstanding any previously issued Executive Order to the extent such order blocks, regulates, or otherwise affects the property and interests in property identified in section 1(a) of this order. This order and actions taken pursuant to this order shall supersede any previously issued Executive Order to the extent such order blocks, regulates, or otherwise affects the property and interests in property identified in section 1(a) of this order.

Sec. 3. (a) Any transaction that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate any of the prohibitions set forth in this order is prohibited.

(b) Any conspiracy formed to violate any of the prohibitions set forth in this order is prohibited.

Sec. 4. For the purposes of this order:

(a) the term “Da Afghanistan Bank” or “DAB” means the Central Bank of Afghanistan;

(b) the term “entity” means a partnership, association, trust, joint venture, corporation, group,
subgroup, or other organization; and

(c) the term “person” means an individual or entity.

So, this is only for U.S. financial institutions, and only for account screening (because of “held, as of the date of this order” wording), and realistically is for a single pass of account screening (same reasoning).

My question, though: “United States financial institution” isn’t defined. Is that based on where the company is organized? What about the U.S. based branches of foreign banks in NY, Miami, San Francisco, etc?

Hmmm….. time to ask OFAC…

Links:

OFAC Notice

Executive Order

Categories: Afghanistan Sanctions Executive Orders Executive Orders OFAC Updates

eric9to5

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