OFAC Removes Taliban (Afghanistan) Sanctions Regs from CFR
The Office of Foreign Assets Control has issued a final rule, effective June 1, 2011, which removes from the Code of Federal Regulations the Taliban (Afghanistan) Sanctions Regulations, as a result of the termination of the national emergency and revocation of the Executive Order (EO) on which the regulations were based. Sanctions against the Taliban pursuant to another EO and its corresponding Global Terrorism Sanctions Regulations remain in place.
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2002 EO Terminated Taliban (Afghanistan) Sanctions, But Added Taliban to GTSR
In July 2002, the President issued EO 13268, determining that the situation which had given rise to the declaration of a national emergency in EO 131291 of July 1999 was significantly altered with respect to the Taliban in Afghanistan. As a result, the President terminated the national emergency declared in EO 13129 with respect to the actions and policies of the Taliban in Afghanistan and revoked that order. In addition, EO 13268 amended the Annex to EO 13224 of September 2001 (on Global Terrorism Sanctions), by adding the Taliban and the leader of the Taliban, Mohammed Omar, who had previously been listed in the EO that was revoked.
Removing 31 CFR 545, But Transactions Involving Taliban Still Subject to GTSR
As a result, OFAC is removing the Taliban (Afghanistan) Sanctions Regulations at 31 CFR Part 545, but notes that transactions involving the Taliban remain subject to EO 13224 and the Global Terrorism Sanctions Regulations (GTSR) codified at 31 CFR Part 594.2
1EO 13129, ordered the blocking of all property and interests in property of the Taliban and of persons determined to be owned or controlled by, or to act for or on behalf of, the Taliban, or to provide financial, material, or technological support for, or services in support of, any of the foregoing. In addition, Executive Order 13129 imposed a trade embargo against the Taliban, any persons designated pursuant to the order, and the territory of Afghanistan controlled by the Taliban. On January 11, 2001, OFAC issued the Taliban (Afghanistan) Sanctions Regulations, 31 CFR part 545, to implement EO 13219.
2EO 13224 blocks the property and interests in property of foreign persons listed in the Annex to the order or determined to have committed or to pose a significant risk of committing acts of terrorism that threaten U.S. nationals or the U.S., as well as of, inter alia, persons determined to be owned or controlled by, to act for or on behalf of, or to provide financial, material, or technological support for, or financial or other services to or in support of, such acts of terrorism or those persons listed in the Annex or determined to be subject to the order. In June 2003, OFAC issued the GTSR to carry out the purposes of EO 13224. (See ITT’s Online Archives or 12/07/10 news, 10120730, for BP summary of an OFAC a final rule expanding legal services and payment options in the GTSR.)
| Sanctions Compliance & Evaluation (202) 622-2490 |
| Licensing (202) 622-2480 |
| Policy (202) 622-4855 |
| General Counsel (202) 622-2410 |
(FR Pub 06/01/11)