Back

General License 19 - Authorizing Certain Transactions in Support of Nongovernmental Organizations’ Activities in Afghanistan (December 22, 2021)

Date issued: Dec. 22 2021

PRINT
OFFICE OF FOREIGN ASSETS CONTROL

Global Terrorism Sanctions Regulations 31 CFR part 594

Foreign Terrorist Organizations Sanctions Regulations 31 CFR part 597

Executive Order 13224 of September 23, 2001
Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten To Commit, or Support Terrorism, as Amended

GENERAL LICENSE NO. 19

Certain Transactions in Support of Nongovernmental Organizations’ Activities in Afghanistan

(a) Except as provided in paragraph (c) of this general license, all transactions and activities involving the Taliban or the Haqqani Network, or 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, prohibited by 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, that are ordinarily incident and necessary to the activities described in paragraph (b) by nongovernmental organizations are authorized.

(b) The activities referenced in paragraph (a) of this general license are as follows:
(1) Activities to support humanitarian projects to meet basic human needs in Afghanistan, including drought and flood relief; food, nutrition, and medicine distribution; the provision of health services; assistance for vulnerable or displaced populations, including individuals with disabilities, the elderly, and survivors of sexual- and gender-based violence; and environmental programs;
(2) Activities to support the following in Afghanistan: rule of law, citizen participation, government accountability and transparency, human rights and fundamental freedoms, access to information, and civil society development projects;
(3) Activities to support education in Afghanistan, including combating illiteracy, increasing access to education, international exchanges, and assisting education reform projects;
(4) Activities to support non-commercial development projects directly benefitting the Afghan people, including related to health, food security, and water and sanitation; and
(5) Activities to support environmental and natural resource protection in Afghanistan, including the preservation and protection of threatened or endangered species, responsible and transparent management of natural resources, and the remediation of pollution or other environmental damage.

(c) This general license does not authorize:
(1) Financial transfers to any blocked person described in paragraph (a), 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;
(2) Any debit to an account on the books of a U.S. financial institution of any blocked person described in paragraph (a); or
(3) Any transactions or activities otherwise prohibited by the GTSR, the FTOSR, or any other part of 31 CFR chapter V, or E.O. 13224, as amended.

Note to General License No. 19. Nothing in this general license relieves any person from compliance with any other Federal laws or requirements of other Federal agencies.


Andrea M. Gacki
Director
Office of Foreign Assets Control


Dated: December 22, 2021
External link location:
https://ofac.treasury.gov/media/917136/download?inline

TURBOFAC Commentary (220 words)

[3-5-2022 Update: refer to GTSR/FTOSR General License 20, which renders this GL largely, if not wholly, redundant.]

Notes:

1) This GL is substantively similar to the other NGO-related GLs. Refer generally to General Note on GLs Authorizing Transactions of and Related to Nongovernmental Organizations (NGOs) (System Ed. Note). Note that the GL overlaps significantly with GTSR/FTOSR General License 14, which is not limited to NGO-related activities.

2) For commentary concerning certain Afghanistan-related transactions that are not covered by this GL, refer to Temporary Note Concerning the Status of the Unrecognized Government of Afghanistan Under the GTSR (System Ed. Note). That note also addresses interpretive issues common to all or most Taliban-related GLs, including:

*The Meaning of the Term "Financial Transfers"; Importance Thereof",
*The Meaning of “The Taliban” and “Haqqani Network”,
*Application to Dealings Involving Natural Person SDNs Blocked Due to Their Relationship with the Taliban.

3) Note that this GL overlaps in scope with GTSR/FTOSR General License 14, which applies to NGOs as well as other entities. That GL covers transactions "that are ordinarily incident and necessary to the provision of humanitarian assistance to Afghanistan or other activities that support basic human needs in Afghanistan by [among others, NGOs] and their employees, grantees, contractors, or other persons acting on their behalf."