[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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