[House Document 117-90]
[From the U.S. Government Publishing Office]
117th Congress, 2d Session--------------------HOUSE DOUCUMENT 117-90
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PROTECTING CERTAIN PROPERTY OF DA AFGHANISTAN BANK FOR THE BENEFIT OF
THE PEOPLE OF AFGHANISTAN
__________
COMMUNICATION
from
THEPRESIDENTOFTHEUNITEDSTATES
transmitting
AN EXECUTIVE ORDER PROTECTING CERTAIN PROPERTY OF DA AFGHANISTAN BANK,
PURSUANT TO 50 U.S.C. 1621(a); PUBLIC LAW 94-412, SEC. 201(a); (90
STAT. 1255) AND 50 U.S.C. 1703(b); PUBLIC LAW 95-223, SEC. 204(b); (91
STAT. 1627)
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
February 11, 2022.--Referred jointly to the Committees on Foreign
Affairs and Financial Services, and ordered to be printed
The White House,
Washington, February 11, 2022.
Hon. Nancy Pelosi,
Speaker of the House of Representatives,
Washington, DC.
Dear Madam Speaker: Pursuant to the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.), the National
Emergencies Act (50 U.S.C. 1601 et seq.), and section 301 of
title 3, United States Code, I hereby report that I have issued
an Executive Order declaring a national emergency with respect
to 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. 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.
In order to address this national emergency, the Executive
Order blocks all property and interests in property of DAB that
are held in the United States by any United States financial
institution, including the Federal Reserve Bank of New York,
and compels the transfer of the blocked property into a
consolidated account held at the Federal Reserve Bank of New
York.
I am enclosing a copy of the Executive Order I have issued.
Sincerely,
Joseph R. Biden, Jr.
Executive Order
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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.
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.
(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.
Joseph R. Biden, Jr.
The White House, February 11, 2022.
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