In December 2022, the United Nations Security Council adopted a resolution which introduced a standardized humanitarian exemption across UN regimes according to which activities necessary for humanitarian assistance and other activities that support basic human needs are exempt from sanctions in the form of asset freezes imposed by the Security Council or by its Sanctions Committees. All UN sanctions regimes except the Afghanistan regulations will now include a standardized humanitarian exception to the asset freeze provisions.
In December 2021, the US Department of Treasuryâs Office of Foreign Assets Control (âOFACâ) issued four General Licenses (âGLsâ) (GLs 16, 17, 18, and 19), published seven new Frequently Asked Questions (âFAQsâ) (FAQs 949, 950, 951, 952, 953, 954, and 955), and amended three FAQs (FAQs 929, 930, and 931), which address primarily authorized humanitarian activities related to Afghanistan OFAC also issued a Fact Sheet titled âProvision of Humanitarian Assistance to Afghanistan and Support for the Afghan Peopleâ to provide further guidance on the scope of US sanctions and authorized humanitarian activities in relation to Afghanistan. Key points are summarized below.
On 1 November 2021, the UK Office of Financial Sanctions Implementation published an updated Charity Sector Guidance and a blog post in response to Afghanistan’s Taliban takeover in August. A copy of the Guidance is available here.
On September 24, 2021, the US Department of Treasuryâs Office of Foreign Assets Control (âOFACâ) issued two General Licensesâ(i) General License 14, âAuthorizing Humanitarian Activities in Afghanistanâ (âGL 14â), and (ii) General License 15, âTransactions Related to the Exportation or Reexportation of Agricultural Commodities, Medicine, Medical Devices, Replacement Parts and Components, or Software Updates in Afghanistanâ (âGL 15â)âto âsupport the continued flow of humanitarian assistance to the people of Afghanistan and other activities that support basic human needs in Afghanistan.â
Following recent events in Afghanistan, on 18 August 2021 the ECJU announced that open general export licences in five categories, including dual-use items, may no longer be used where the permitted destination is Afghanistan.