Protecting Certain Property of Da Afghanistan Bank for the Benefit of the People of Afghanistan, 8391-8393 [2022-03346]

Download as PDF 8391 Presidential Documents Federal Register Vol. 87, No. 31 Tuesday, February 15, 2022 Title 3— Executive Order 14064 of February 11, 2022 The President Protecting Certain Property of Da Afghanistan Bank for the Benefit of the People of Afghanistan By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq.) (NEA), and section 301 of title 3, United States Code, I, JOSEPH R. BIDEN JR., President of the United States of America, find that the widespread humanitarian crisis in Afghanistan—including the urgent needs of the people of Afghanistan for food security, livelihoods support, water, sanitation, health, hygiene, shelter and settlement assistance, and COVID–19-related assistance, among other basic human needs—and the potential for a deepening economic collapse in Afghanistan constitute an unusual and extraordinary threat to the national security and foreign policy of the United States. I hereby declare a national emergency to deal with that threat. In addition, I find that the preservation of certain property of Da Afghanistan Bank (DAB) held in the United States by United States financial institutions is of the utmost importance to addressing this national emergency and the welfare of the people of Afghanistan. I also understand that various parties, including representatives of victims of terrorism, have asserted legal claims against certain property of DAB or indicated in public court filings an intent to make such claims. This property is blocked under this order. Accordingly, I hereby order: lotter on DSK11XQN23PROD with FR_PREZDOC1 Section 1. (a) All property and interests in property of DAB that are held, as of the date of this order, in the United States by any United States financial institution, including the Federal Reserve Bank of New York, are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in, except as set forth in subsections (b) and (c) of this section. (b) United States financial institutions shall promptly transfer the blocked property described in subsection (a) of this section into a consolidated account held at the Federal Reserve Bank of New York. (c) The prohibitions in subsection (a) of this section apply except to the extent provided by statutes, or in regulations, orders, directives, or licenses that may be issued pursuant to this order, and notwithstanding any contract entered into or any license or permit granted before the date of this order. Sec. 2. This order and actions taken pursuant to this order shall apply notwithstanding any previously issued Executive Order to the extent such order blocks, regulates, or otherwise affects the property and interests in property identified in section 1(a) of this order. This order and actions taken pursuant to this order shall supersede any previously issued Executive Order to the extent such order blocks, regulates, or otherwise affects the property and interests in property identified in section 1(a) of this order. Sec. 3. (a) Any transaction that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate any of the prohibitions set forth in this order is prohibited. (b) Any conspiracy formed to violate any of the prohibitions set forth in this order is prohibited. VerDate Sep<11>2014 16:09 Feb 14, 2022 Jkt 256001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\15FEE0.SGM 15FEE0 8392 Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Presidential Documents Sec. 4. For the purposes of this order: (a) the term ‘‘Da Afghanistan Bank’’ or ‘‘DAB’’ means the Central Bank of Afghanistan; (b) the term ‘‘entity’’ means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization; and (c) the term ‘‘person’’ means an individual or entity. Sec. 5. For those persons whose property and interests in property are blocked pursuant to this order who might have a constitutional presence in the United States, I find that because of the ability to transfer funds and other assets instantaneously, prior notice to such persons of measures to be taken pursuant to this order would render those measures ineffectual. I therefore determine that for these measures to be effective in addressing the national emergency declared in this order, there need be no prior notice of the blocking of property and interests in property set forth in section 1(a) of this order. Sec. 6. The Secretary of the Treasury, in consultation with the Secretary of State and the Attorney General, is authorized to take such actions, including the promulgation of rules and regulations, and to employ all powers granted to the President by IEEPA as may be necessary to carry out the purposes of this order. The Secretary of the Treasury may, consistent with applicable law, redelegate any of these functions within the Department of the Treasury. All executive departments and agencies of the United States shall take all appropriate measures within their authority to implement this order. Sec. 7. Nothing in this order shall prohibit transactions for the conduct of the official business of the Federal Government by employees, grantees, and contractors thereof. Sec. 8. The Secretary of the Treasury, in consultation with the Secretary of State, is authorized to submit recurring and final reports to the Congress on the national emergency declared in this order, consistent with section 401(c) of the NEA (50 U.S.C. 1641(c)) and section 204(c) of IEEPA (50 U.S.C. 1703(c)). Sec. 9. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or lotter on DSK11XQN23PROD with FR_PREZDOC1 (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. VerDate Sep<11>2014 16:09 Feb 14, 2022 Jkt 256001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\15FEE0.SGM 15FEE0 Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Presidential Documents 8393 (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. THE WHITE HOUSE, February 11, 2022. [FR Doc. 2022–03346 Filed 2–14–22; 8:45 am] VerDate Sep<11>2014 16:09 Feb 14, 2022 Jkt 256001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\15FEE0.SGM 15FEE0 BIDEN.EPS</GPH> lotter on DSK11XQN23PROD with FR_PREZDOC1 Billing code 3395–F2–P

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[Federal Register Volume 87, Number 31 (Tuesday, February 15, 2022)]
[Presidential Documents]
[Pages 8391-8393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03346]




                        Presidential Documents 



Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 8391]]

                Executive Order 14064 of February 11, 2022

                
Protecting Certain Property of Da Afghanistan 
                Bank for the Benefit of the People of Afghanistan

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, including the International Emergency Economic 
                Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the 
                National Emergencies Act (50 U.S.C. 1601 et seq.) 
                (NEA), and section 301 of title 3, United States Code,

                I, JOSEPH R. BIDEN JR., President of the United States 
                of America, find that the widespread humanitarian 
                crisis in Afghanistan--including the urgent needs of 
                the people of Afghanistan for food security, 
                livelihoods support, water, sanitation, health, 
                hygiene, shelter and settlement assistance, and COVID-
                19-related assistance, among other basic human needs--
                and the potential for a deepening economic collapse in 
                Afghanistan constitute an unusual and extraordinary 
                threat to the national security and foreign policy of 
                the United States. I hereby declare a national 
                emergency to deal with that threat. In addition, I find 
                that the preservation of certain property of Da 
                Afghanistan Bank (DAB) held in the United States by 
                United States financial institutions is of the utmost 
                importance to addressing this national emergency and 
                the welfare of the people of Afghanistan. I also 
                understand that various parties, including 
                representatives of victims of terrorism, have asserted 
                legal claims against certain property of DAB or 
                indicated in public court filings an intent to make 
                such claims. This property is blocked under this order.

                Accordingly, I hereby order:

                Section 1. (a) All property and interests in property 
                of DAB that are held, as of the date of this order, in 
                the United States by any United States financial 
                institution, including the Federal Reserve Bank of New 
                York, are blocked and may not be transferred, paid, 
                exported, withdrawn, or otherwise dealt in, except as 
                set forth in subsections (b) and (c) of this section.

                    (b) United States financial institutions shall 
                promptly transfer the blocked property described in 
                subsection (a) of this section into a consolidated 
                account held at the Federal Reserve Bank of New York.
                    (c) The prohibitions in subsection (a) of this 
                section apply except to the extent provided by 
                statutes, or in regulations, orders, directives, or 
                licenses that may be issued pursuant to this order, and 
                notwithstanding any contract entered into or any 
                license or permit granted before the date of this 
                order.

                Sec. 2. This order and actions taken pursuant to this 
                order shall apply notwithstanding any previously issued 
                Executive Order to the extent such order blocks, 
                regulates, or otherwise affects the property and 
                interests in property identified in section 1(a) of 
                this order. This order and actions taken pursuant to 
                this order shall supersede any previously issued 
                Executive Order to the extent such order blocks, 
                regulates, or otherwise affects the property and 
                interests in property identified in section 1(a) of 
                this order.

                Sec. 3. (a) Any transaction that evades or avoids, has 
                the purpose of evading or avoiding, causes a violation 
                of, or attempts to violate any of the prohibitions set 
                forth in this order is prohibited.

                    (b) Any conspiracy formed to violate any of the 
                prohibitions set forth in this order is prohibited.

[[Page 8392]]

                Sec. 4. For the purposes of this order:

                    (a) the term ``Da Afghanistan Bank'' or ``DAB'' 
                means the Central Bank of Afghanistan;
                    (b) the term ``entity'' means a partnership, 
                association, trust, joint venture, corporation, group, 
                subgroup, or other organization; and
                    (c) the term ``person'' means an individual or 
                entity.

                Sec. 5. For those persons whose property and interests 
                in property are blocked pursuant to this order who 
                might have a constitutional presence in the United 
                States, I find that because of the ability to transfer 
                funds and other assets instantaneously, prior notice to 
                such persons of measures to be taken pursuant to this 
                order would render those measures ineffectual. I 
                therefore determine that for these measures to be 
                effective in addressing the national emergency declared 
                in this order, there need be no prior notice of the 
                blocking of property and interests in property set 
                forth in section 1(a) of this order.

                Sec. 6. The Secretary of the Treasury, in consultation 
                with the Secretary of State and the Attorney General, 
                is authorized to take such actions, including the 
                promulgation of rules and regulations, and to employ 
                all powers granted to the President by IEEPA as may be 
                necessary to carry out the purposes of this order. The 
                Secretary of the Treasury may, consistent with 
                applicable law, redelegate any of these functions 
                within the Department of the Treasury. All executive 
                departments and agencies of the United States shall 
                take all appropriate measures within their authority to 
                implement this order.

                Sec. 7. Nothing in this order shall prohibit 
                transactions for the conduct of the official business 
                of the Federal Government by employees, grantees, and 
                contractors thereof.

                Sec. 8. The Secretary of the Treasury, in consultation 
                with the Secretary of State, is authorized to submit 
                recurring and final reports to the Congress on the 
                national emergency declared in this order, consistent 
                with section 401(c) of the NEA (50 U.S.C. 1641(c)) and 
                section 204(c) of IEEPA (50 U.S.C. 1703(c)).

                Sec. 9. (a) Nothing in this order shall be construed to 
                impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or 
the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals.

                    (b) This order shall be implemented consistent with 
                applicable law and subject to the availability of 
                appropriations.

[[Page 8393]]

                    (c) This order is not intended to, and does not, 
                create any right or benefit, substantive or procedural, 
                enforceable at law or in equity by any party against 
                the United States, its departments, agencies, or 
                entities, its officers, employees, or agents, or any 
                other person.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    February 11, 2022.

[FR Doc. 2022-03346
Filed 2-14-22; 8:45 am]
Billing code 3395-F2-P