31 C.F.R. Subpart D—Interpretations
Title 31 - Money and Finance: Treasury
Except as otherwise specified, reference to any provision in or appendix to this part or chapter or to any regulation, ruling, order, instruction, direction, or license issued pursuant to this part refers to the same as currently amended. Unless otherwise specifically provided, any amendment, modification, or revocation of any provision in or appendix to this part or chapter or of any order, regulation, ruling, instruction, or license issued by or under the direction of the Director of the Office of Foreign Assets Control does not affect any act done or omitted, or any civil or criminal suit or proceeding commenced or pending prior to such amendment, modification, or revocation. All penalties, forfeitures, and liabilities under any such order, regulation, ruling, instruction, or license continue and may be enforced as if such amendment, modification, or revocation had not been made. Any transaction ordinarily incident to a licensed transaction and necessary to give effect thereto is also authorized, except: (a) A transaction involving a person whose property or interests in property are blocked pursuant to §545.201, or involving a debit to a blocked account or a transfer of blocked property, not explicitly authorized within the terms of the license; and (b) Distribution or leasing in the territory of Afghanistan controlled by the Taliban of any containers or similar goods owned or controlled by U.S. persons after the performance of transportation services to the territory of Afghanistan controlled by the Taliban. Except as otherwise specified: (a) The prohibitions in §§545.201 and 545.204 apply to the importation into the United States, for transshipment or transit, of foreign goods which are intended or destined for the Taliban or the territory of Afghanistan controlled by the Taliban. (b) The prohibitions in §§545.201 and 545.205 apply to the importation into the United States, for transshipment or transit to third countries, of goods owned or controlled by the Taliban or from the territory of Afghanistan controlled by the Taliban which are intended or destined for third countries. (c) Goods, software, or technology in which the Taliban have an interest that are imported into or transshipped through the United States are blocked pursuant to §545.201. Note to §545.404: See §545.304 for the definition of the term importation into the United States.
Title 31: Money and Finance: Treasury
PART 545—TALIBAN (AFGHANISTAN) SANCTIONS REGULATIONS
Subpart D—Interpretations
§ 545.401 Reference to amended sections.
§ 545.402 Effect of amendment.
§ 545.403 Transactions incidental to a licensed transaction authorized.
§ 545.404 Transshipment or transit through the United States prohibited.
§ 545.405 [Reserved]
§ 545.406 Exportation of services; performance of service contracts; legal services.
(a) The prohibition on transactions involving blocked property and the exportation of services contained in §§545.201 and 545.204 applies to services performed on behalf of the Taliban or persons whose property or interests in property are blocked pursuant to §545.201 or where the benefit of such services is otherwise received in the territory of Afghanistan controlled by the Taliban, when such services are performed:
(1) In the United States;
(2) Outside the United States by a U.S. person, including by an overseas branch of an entity located in the United States.
(b) The benefit of services performed anywhere in the world on behalf of the Taliban, including persons whose property or interests in property are blocked pursuant to §545.201, is presumed to have been received in the territory of Afghanistan controlled by the Taliban.
Note to §545.406. See §545.513 with regard to provision of certain legal services and §545.516 with regard to the provision of certain financial services.
§ 545.407 Services performed in the territory of Afghanistan controlled by the Taliban.
The prohibitions on transactions involving blocked property and certain transactions or dealings in that property and the importation into the United States of services contained in §§545.201 and 545.205, respectively, apply to services performed in the territory of Afghanistan controlled by the Taliban or by the Taliban, wherever located, when the benefit of such services is received in the United States or by a U.S. person outside the United States. See §545.304 for the definition of the term importation into the United States and a description of circumstances in which the benefit of services is considered to be received in the United States.
§ 545.408 Offshore transactions.
(a) The prohibitions contained in §545.201 apply:
(1) To transactions by any U.S. person in a location outside the United States with respect to property in which the U.S. person knows, or has reason to know, that the Taliban or persons whose property or interests in property are blocked pursuant to §545.201 have or have had an interest since the effective date; and
(2) With respect to goods, software, technology, or services which the U.S. person knows, or has reason to know, are from the territory of Afghanistan controlled by the Taliban.
(b) Prohibited transactions include, but are not limited to:
(1) Importation into or exportation from locations outside the United States of goods, software, technology or services owned or controlled by the Taliban or persons whose property or interests in property are blocked pursuant to §545.201; or
(2) Purchasing, selling, financing, swapping, insuring, transporting, lifting, storing, incorporating, transforming, brokering or otherwise dealing in such blocked goods, software, technology, or services.
(c) Example. A U.S. person may not, within the United States or abroad, purchase, sell, finance, insure, transport, act as a broker for the sale or transport of, or otherwise deal in goods (such as carpets, fruits, or nuts), owned or controlled by the Taliban or by persons whose property or interests in property are blocked pursuant to §545.201 or which comes from the territory of Afghanistan controlled by the Taliban.
§ 545.409 Payments from blocked accounts to U.S. exporters and for other obligations prohibited.
No debits may be made to a blocked account to pay obligations to U.S. persons or other persons, including payment for goods, software, technology, or services exported prior to the effective date, except as authorized pursuant to this part.
§ 545.410 Acquisition of instruments including bankers acceptances.
No U.S. persons may acquire or deal in any obligation, including bankers acceptances and debt of or guaranteed by a person whose property or interests in property are blocked pursuant to §545.201, in cases in which the documents evidencing the obligation indicate, or the U.S. person has actual knowledge, that the underlying transaction is in violation of §§545.201 and 545.204 through 545.206. This interpretation does not apply to obligations arising from an underlying transaction licensed or otherwise authorized pursuant to this part.
§ 545.411 Exportation to third countries; transshipments.
Except as otherwise specified, exportation of goods, software, or technology from the United States to third countries is prohibited if the exporter knows, or has reason to know, that the goods, software, or technology are intended for reexportation or transshipment to the Taliban, to persons whose property or interests in property are blocked pursuant to §545.201, or to the territory of Afghanistan controlled by the Taliban, including passage through, or storage in, intermediate destinations.
§ 545.412 Release of goods originating in the territory of Afghanistan controlled by the Taliban from a bonded warehouse or foreign trade zone.
Section 545.205 does not prohibit the release from a bonded warehouse or foreign trade zone of goods originating in the territory of Afghanistan controlled by the Taliban imported into a bonded warehouse or foreign trade zone either prior to the effective date or in a transaction authorized pursuant to this part after the effective date.
Note to §545.412: Property in which the Taliban or persons whose property or interests in property are blocked pursuant to §545.201 have an interest may not be released unless authorized or licensed by the Office of Foreign Assets Control.
§ 545.413 Importation of goods from third countries; transshipments.
(a) Importation into the United States from third countries of goods containing raw materials or components originating in the territory of Afghanistan controlled by the Taliban is not prohibited if those raw materials or components have been incorporated into manufactured products or otherwise substantially transformed in a third country.
(b) Importation into the United States of goods originating in the territory of Afghanistan controlled by the Taliban that have been transshipped through a third country without being incorporated into manufactured products or otherwise substantially transformed in a third country is prohibited.
§ 545.414 Loans or extensions of credit.
(a) The prohibitions in §§545.201 and 545.204 apply to loans or extensions of credit to a person in the territory of Afghanistan controlled by the Taliban, including overdraft protection on checking accounts, and the unauthorized renewal or rescheduling of credits or loans in existence as of 12:01 a.m., Eastern Daylight Time, July 6, 1999, whether by affirmative action or operation of law.
(b) The prohibitions in §§545.201 and 545.204 apply to financial services including loans or credits extended in any currency.
§ 545.415 Payments from blocked accounts to U.S. exporters and for other obligations prohibited.
Pursuant to §545.201, no debits may be made to a blocked account to pay obligations to U.S. persons or other persons, including payment for goods, technology or services exported prior to the effective date, except as authorized pursuant to this part.
§ 545.416 Termination and acquisition of an interest in blocked property.
(a) Whenever a transaction licensed or authorized by or pursuant to this part results in the transfer of property (including any property interest) away from a person whose property or interests in property are blocked pursuant to §545.201, such property shall no longer be deemed to be property blocked pursuant to §545.201, unless there exists in the property another interest that is blocked pursuant to §545.201 or any other part of this chapter, the transfer of which has not been effected pursuant to license or other authorization.
(b) Unless otherwise specifically provided in a license or authorization issued pursuant to this part, if property (including any property interest) is transferred or attempted to be transferred to a person whose property or interests in property are blocked pursuant to §545.201, such property shall be deemed to be property in which that person has an interest and therefore blocked.
§ 545.417 Setoffs prohibited.
A setoff against blocked property (including a blocked account), whether by a U.S. bank or other U.S. person, is a prohibited transfer under §545.201 if effected after the effective date.
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