U.S. Courts Refuse to Recognize Taliban as Government of Afghanistan, Deny Execution on Central Bank Assets

U.S. District Court Denies Request to Seize $3.5 Billion in Afghan Central Bank Assets

In a significant ruling, the U.S. District Court has denied a request to execute on $3.5 billion in assets held by Afghanistan’s central bank, stating that the Taliban does not have property interest in the state’s assets.

Background

The dispute arose from a lawsuit filed by victims of the September 11 attacks against the Taliban, who sought to seize assets held by Afghanistan’s central bank in the United States. The plaintiffs argued that the Taliban was the legitimate government of Afghanistan and therefore had property interest in the assets.

However, the court rejected this argument, citing the fact that the U.S. government does not recognize the Taliban as the government of Afghanistan. Under the Terrorism Victims’ Compensation Act (TRIA), a debtor must actually own the assets to be executed upon. The court noted that “control and ownership are distinct concepts” and that simply controlling an institution or its assets is not sufficient to establish property interest.

Significance

The ruling has significant implications for international relations and global economic stability. It underscores the importance of distinguishing between control and ownership when dealing with complex issues involving foreign governments and institutions.

The court’s decision comes as a relief to international financial institutions and governments, which had expressed concerns about the potential impact of seizing these assets on global economic stability.
The ruling highlights the need for careful consideration of property interests and jurisdictional issues in cases involving foreign governments and institutions.

Amicus Curiae Briefs

Owens et al. [PDF]
Havlish et al. [PDF]

Court Orders and Decisions

Order on Motion to Stay [PDF]
Memorandum Decision and Order [PDF]
Memorandum Decision and Order (Dari) [PDF]
Notice of Supplemental Authority Regarding Report & Recommendation [PDF]
Statement of Interest of the United States of America in Caballero v. FARC [PDF]
United States District Court Report and Recommendation [PDF]

Additional Documents

Third-Party Intervention Submitted by Naseer A. Faiq [PDF]
Statement of Interest of the United States of America [PDF]

This ruling has important implications for international relations and global economic stability, and highlights the need for careful consideration of property interests and jurisdictional issues in cases involving foreign governments and institutions.