What if a governing institution in Afghanistan is led by an individual who has been blocked pursuant to the Global Magnitsky Sanctions Regulations?
OFAC's answer
Generally, the designation of an individual with a leadership role in a governing institution does not itself block the governing institution. Accordingly, engaging in a routine interaction with a governing institution in which a blocked individual is an official, but that does not directly or indirectly involve the blocked individual in question, is not prohibited. This applies to any designated individual in Afghanistan who has a leadership role in a governing institution in Afghanistan, including any individual blocked pursuant to the Global Magnitsky Sanctions Regulations (GMSR). For example, making a customs payment to a governing institution in Afghanistan led by a blocked individual would not be prohibited by the GMSR. However, engaging directly or indirectly with that blocked individual, such as receiving an invoice bearing the blocked individual's signature for a commercial transaction, would be prohibited by the GMSR unless authorized by OFAC or exempt. In addition, certain humanitarian-related transactions involving individuals blocked pursuant to the GMSR may be authorized by general licenses (GL) in the GMSR related to certain [international organizations (IOs)](https://www.ecfr.gov/current/title-31/subtitle-B/chapter-V/part-583/subpart-E/section-583.510), [nongovernmental organizations (NGOs)](https://www.ecfr.gov/current/title-31/subtitle-B/chapter-V/part-583/subpart-E/section-583.511), [official business of the United States government (USG)](https://www.ecfr.gov/current/title-31/subtitle-B/chapter-V/part-583/subpart-E/section-583.511), or [agricultural commodities, medicine, medical devices, replacement parts and components, or software updates for personal, non-commercial use (Ag-Med)](https://www.ecfr.gov/current/title-31/subtitle-B/chapter-V/part-583/subpart-E/section-583.512). For more information on these GLs, please consult OFAC's [Supplemental Guidance for the Provision of Humanitarian Assistance](https://ofac.treasury.gov/media/931341/download?inline) and FAQs [1105](https://ofac.treasury.gov/faqs/1105), [1106](https://ofac.treasury.gov/faqs/1106), [1107](https://ofac.treasury.gov/faqs/1107), and [1108](https://ofac.treasury.gov/faqs/1108). For information on transactions involving governing institutions in Afghanistan led by an individual or entity designated under the Global Terrorism Sanctions Regulations, the Foreign Terrorist Organizations Sanctions Regulations, or Executive Order 13224, please consult [Afghanistan-related GL 20](https://ofac.treasury.gov/media/918776/download?inline) and [FAQ 993](https://ofac.treasury.gov/faqs/993). If individuals or entities, including IOs, NGOs, or financial institutions, have questions about engaging in or processing transactions related to these authorizations, they can contact the [OFAC Compliance Hotline](https://ofac.treasury.gov/ofac-compliance-hotline).
Related programs
Related FAQs
- #993What 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?
- #1105What actions did OFAC take to implement the United Nations Security Council Resolution (UNSCR) 2664 of December 9, 2022 relating to a new UN sanctions exception for humanitarian assistance?
- #1106Are financial institutions permitted to provide banking services, including processing funds transfers, related to activities authorized under the four categories of the general licenses (GLs) outlined in FAQ 1105? What are OFAC's diligence expectations of financial institutions seeking to engage in such activities?
- #1107For purposes of the OFAC general licenses related to the official business of certain international organizations and entities (IO GLs), what organizations are included within the United Nations' "Programmes, Funds, and Other Entities and Bodies, as well as its Specialized Agencies and Related Organizations"?
- #1108Does OFAC’s issuance of general licenses (GLs) as outlined in FAQ 1105 restrict the scope of any existing exemptions or OFAC authorizations for humanitarian activities?