Breaking News: Targeted Sanctions in Place to Support Afghan Lives and Livelihoods
As the world continues to grapple with the humanitarian crisis unfolding in Afghanistan, a crucial question remains: how can we support the resumption and scaling up of trade, especially that which is most essential to the lives and livelihoods of the Afghan people?
The Answer Lies in Targeted Sanctions
While there are no comprehensive sanctions against Afghanistan, the United Nations (UN) and the United States have imposed targeted measures on specific individuals and entities linked to terrorism.
UN Sanctions: A Delicate Balance
The UN’s counterterrorism sanctions, linked to the Taliban, involve a total and global asset freeze on 135 individuals and five entities. However, under UNSCR 2516, funds or assets can be made available for humanitarian assistance or activities supporting basic human needs. This carveout has been designed to ensure that essential aid reaches those who need it most.
US Sanctions: A Pathway Forward
The US has listed the Taliban as a Specially Designated Global Terrorist (SDGT) entity since 2002. While this may seem restrictive, the US Department of the Treasury’s Office of Foreign Assets Control (OFAC) has issued general licenses (GLs) to facilitate humanitarian assistance and limit the impact of sanctions on humanitarian action.
- One such GL (20) authorizes commercial and financial transactions in Afghanistan, including with governing institutions, provided there are no transfers to listed Taliban individuals.
- OFAC has also clarified that all commercial and financial transactions involving Afghanistan are authorized, and financial transfers to governing institutions do not constitute transfers to designated individuals who may lead those institutions.
Private Sector Guidance: A Key to Unlocking Trade
The private sector in Afghanistan, along with NGOs and other relevant actors, has sought clear guidance from sanctioning authorities on how to interpret these rules when applied to scenarios where a SDGT and/or designated individual heads an entire state apparatus. OFAC’s FAQ 991 and 992 provides welcome clarity, confirming that all commercial and financial transactions involving Afghanistan are authorized.
Conclusion
As the international community seeks to support the Afghan people during this challenging period, targeted sanctions offer a crucial lifeline. By understanding these measures and adapting our approaches accordingly, we can work together to promote trade, stability, and humanitarian assistance in Afghanistan.
Stay tuned for further updates on this developing story.