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993. What if a governing institution in Afghanistan is led by an individual who appears on the Office of Foreign Assets Control’s List of Specially Designated Nationals and Blocked Persons?
Generally speaking, when a designated individual has a leadership role in a governing institution, the governing institution itself is not considered blocked. Accordingly, engaging in a routine interaction with an agency in which a blocked individual is an official, but that does not involve the blocked individual in question, is not prohibited.
In this case, Afghanistan-related General License (GL) 20 authorizes all transactions involving Afghanistan or governing institutions in Afghanistan that would otherwise be prohibited by OFAC-administered sanctions on the Taliban or the Haqqani Network, subject to certain conditions. GL 20 also authorizes the payment of taxes, fees, or import duties, or the purchase of permits, licensing, or public utility services to blocked individuals...
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1) Compare FAQ # 840. This FAQ accords with OFACs across-the-board policy on "routine interactions" with non-blocked entities headed by blocked persons. FAQ # 840 uses the phrase "SDN is an official or otherwise exercises control". Here it's " has a leadership role in". Contrast Case No. COTED-6-1.
Note the distinction between OFAC's use of the terms "prohibited" and "authorized". The "routine interactions" are outside the scope of the blocking prohibition altogether. The signing the contract with the blocked person " in their official capacity on behalf of the governing institution" is authorized pursuant to GL 20 (and possibly GLs 14-19 as well but the issue is largely moot). But that activity would be prohibited but for the GL.
2) Compare FAQ # 1145 (similar but specifies that...