Presidential DocumentExecutive Order 140642022-03346
Protecting Certain Property of Da Afghanistan Bank for the Benefit of the People of Afghanistan
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 15, 2022
Signed
February 11, 2022
Issuing agencies
Executive Office of the President
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 31 (Tuesday, February 15, 2022)</title>
</head>
<body><pre>
[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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.
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
(Presidential Sig.)
THE WHITE HOUSE,
February 11, 2022.
[FR Doc. 2022-03346
Filed 2-14-22; 8:45 am]
Billing code 3395-F2-P
</pre></body>
</html>Indexed from Federal Register on February 15, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.