Sanctions were first imposed by the UN in 1999, targeting individuals involved in the Taliban Government, which administered the country from 1996 until 2001. Subsequent programmes, instituted following the US-led invasion of the country in 2001, have targeted insurgent groups tied to the Taliban and parties deemed to be close to Al-Qaeda. No further sanctions have been imposed on the Taliban or Afghanistan’s government since the Taliban restored control over the country in August 2021 and legislation has since been introduced to facilitate certain interactions with the country.
1. The UN legislation allows for some exemptions to an asset freeze for an individual to meet with the ombudsman to challenge inclusion on the sanctions list.
2. Individuals are permitted to travel to other jurisdictions for the fulfilment of judicial processes.
3. On 23rd December 2021 the UN Security Council unanimously adopted resolution 2615, which establishes an exemption from Taliban-related sanctions for humanitarian assistance and other activities that support basic needs in Afghanistan.
1. Individuals subject to travel bans are permitted entry or transit when participating in judicial processes or when travelling to their country of nationality.
2. Asset freeze exemptions are considered on a case-by-case basis for certain expenses.
3. On 24th September 2021 the US issued a General Licence permitting the export to Afghanistan of agricultural commodities, medicine, medical devices, replacement parts and components, as well as software updates.
4. On 10th December 2021 OFAC issued General License 16, which authorises transactions involving the Taliban or the Haqqani Network that are necessary to the transfer of non-commercial personal remittances to Afghanistan.
5. On 22nd December 2021 OFAC issued General Licenses 17, 18 and 19, adding exemptions for personal remittances and for the provision of humanitarian assistance to a range of civil society bodies under the control of the Taliban or Haqqani network.
6. On 25th February 2022 OFAC issued General License 20, which authorises transactions involving Afghanistan and/or governing institutions in Afghanistan. However, the license does not permit: a) financial transfers to the Taliban, Haqqani Network or any entity involved in either organisation, b) any person who is a leader of either organisation who is blocked under existing sanctions regulations (with some exemptions for the payment of taxes or import duties and public utility services) c) any debit to the US account of a blocked person, or d) transactions with any person who is personally sanctioned, unless separately authorised.
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