No. The Taliban are designated as Specially Designated Global Terrorists (SDGTs) under Executive Order (E.O.) 13224, as amended. The Haqqani Network is designated as an SDGT under E.O. 13224 and a Foreign Terrorist Organization (FTO) under section 219 of the Immigration and Nationality Act (INA). These sanctions do not prohibit U.S. persons from exporting or reexporting goods or services to Afghanistan, provided that the transactions do not involve other sanctioned individuals or entities, or property in which a blocked person has an interest unless exempt from regulation or authorized by OFAC.
OFAC has also issued Afghanistan-related General License No. 15 (GL 15) under the Global Terrorism Sanctions Regulations, 31 CFR part 594 (GTSR), the Foreign Terrorist Organizations Sanctions Regulations, 31 CFR part 597 (FTOSR), and E.O. 13224, as amended. GL 15 authorizes U.S. persons to engage in all transactions that are ordinarily incident and necessary to the exportation or reexportation of agricultural commodities, medicine, medical devices, replacement parts, and components for medical devices, or software updates for medical devices to Afghanistan, as those terms are defined in GL 15, as well as to persons in third countries purchasing specifically for resale to Afghanistan, and that may involve the Taliban, the Haqqani Network, or any entity in which Taliban or the Haqqani Network owns, directly or indirectly, a 50 percent or greater interest, subject to certain conditions. GL 15 also authorizes U.S. persons to engage in transactions or activities that are ordinarily incident and necessary to authorized export or reexports, including the processing of financial transactions and related clearing and settlement involving banks in Afghanistan.
In addition, OFAC has issued Afghanistan-related GL 20, which, to the extent authorization is required, authorizes all transactions involving Afghanistan or governing institutions in Afghanistan prohibited under the GTSR, the FTOSR, or E.O. 13224, as amended, subject to limited conditions set forth in GL 20 paragraph (b). GL 20 therefore also covers the exportation or reexportation of agricultural commodities, medicine, and medical devices to Afghanistan, as well as transactions ordinarily incident and necessary to such export or reexports.
As noted in FAQ 996, the authorization in Afghanistan-related GL 20 may overlap with the authorization in Afghanistan-related GL 15. Where appropriate, U.S. persons may rely on the broader authorization in GL 20 instead of the authorization in GL 15.
However, GLs 15 and 20 do not authorize any debit to a blocked account on the books of a U.S. financial institution. In addition, GLs 15 and 20 do not authorize financial transfers to the Taliban, the Haqqani Network, or any entity in which the Taliban or the Haqqani Network owns, directly or indirectly, a 50 percent or greater interest, other than for the purpose of effecting the payment of taxes, fees, or import duties, or the purchase or receipt of permits, licenses, or public utility services as described in the respective GLs. For purposes of clarity, transfers of funds to or from Afghanistan that are ordinarily incident and necessary to give effect to the activities authorized in GLs 15 and 20, including clearing and settlement involving banks in Afghanistan, are authorized under GLs 15 and 20. GL 20 also does not authorize transfers of luxury items or services to the Taliban, the Haqqani Network, any entity in which the Taliban or the Haqqani Network owns, directly or indirectly, individually or in the aggregate, a 50 percent or greater interest, any blocked individual who is in a leadership role of a governing institution in Afghanistan. GL 20 also does not authorize any transaction involving any other persons blocked pursuant to the Global Terrorism Sanctions Regulations, 31 CFR part 594 (GTSR), the Foreign Terrorist Organizations Sanctions Regulations, 31 CFR part 597 (FTOSR), or Executive Order (E.O.) 13224, as amended, outside of the entities and individuals mentioned above.
Where not covered by GLs 15 and 20, or any other relevant authorizations issued by OFAC, OFAC may also issue specific licenses to authorize certain transactions involving U.S. persons or the U.S. financial system that may otherwise be prohibited by OFAC sanctions, provided those transactions are in the foreign policy interests of the United States.
If individuals, entities, companies, or financial institutions have questions about engaging in or processing transactions related to these authorizations, they can contact OFAC’s Sanctions Compliance and Evaluation Division most efficiently via email at OFAC_Feedback@treasury.gov. Sanctions Compliance and Evaluation may also be reached via phone at (800) 540-6322 or (202) 622-2490.
Date Updated: February 25, 2022