II 

117TH CONGRESS 

1ST SESSION S. 2745 

To impose sanctions and other measures with respect to the Taliban, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 14, 2021 

Mr. RUBIO (for himself, Mr. TUBERVILLE, Mr. SULLIVAN, Mr. TILLIS, Mrs. 

CAPITO, and Ms. LUMMIS) introduced the following bill; which was read 

twice and referred to the Committee on Foreign Relations 

A BILL 

To impose sanctions and other measures with respect to 

the Taliban, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Preventing the Rec5 ognition of Terrorist States Act of 2021’’. 

6 SEC. 2. STATEMENT OF POLICY. 

7 It is the policy of the United States— 

8 (1) to continue to recognize the democratically 

9 elected government of the Islamic Republic of AfVerDate Sep 11 2014 23:01 Sep 15, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2745.IS S2745

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1 ghanistan as the legitimate Government of Afghani2 stan; 

3 (2) to not recognize the Islamic Emirate of Af4 ghanistan, which is controlled by the Taliban, as the 

5 official Government of Afghanistan under any cir6 cumstances; 

7 (3) to view the Taliban’s takeover of Afghani8 stan as a coup d’e ́tat and therefore illegitimate; 

9 (4) to recognize that individuals designated as 

10 terrorists by the United States, such as Sirajuddin 

11 Haqqani, will play a key role in the Taliban regime; 

12 and 

13 (5) to continue to assist the people of Afghani14 stan, especially people at risk as a result of their ac15 tivities, beliefs, religion, or political views. 

16 SEC. 3. PROHIBITION ON ACTIONS RECOGNIZING THE IS17 LAMIC EMIRATE OF AFGHANISTAN. 

18 (a) IN GENERAL.—In furtherance of the policy set 

19 forth in section 2, no Federal department or agency may 

20 take any action or extend any assistance that states or 

21 implies recognition of the Taliban’s claim of sovereignty 

22 over Afghanistan. 

23 (b) FUNDING LIMITATION.—Notwithstanding any 

24 other provision of law, no Federal funds appropriated or 

25 otherwise made available for the Department of State, the 


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1 United States Agency for International Development, or 

2 the Department of Defense on or after the date of the 

3 enactment of this Act may be obligated or expended to 

4 prepare or promulgate any policy, guidance, regulation, 

5 notice, or Executive order, or to otherwise implement, ad6 minister, or enforce any policy, that extends diplomatic 

7 recognition to the Islamic Emirate of Afghanistan. 

8 SEC. 4. DESIGNATION OF ISLAMIC EMIRATE OF AFGHANI9 STAN AS A STATE SPONSOR OF TERRORISM. 

10 (a) IN GENERAL.—The Secretary of State shall des11 ignate the Islamic Emirate of Afghanistan as a state spon12 sor of terrorism. 

13 (b) STATE SPONSOR OF TERRORISM DEFINED.—In 

14 this section, the term ‘‘state sponsor of terrorism’’ means 

15 a country the government of which the Secretary of State 

16 has determined has repeatedly provided support for acts 

17 of international terrorism, for purposes of— 

18 (1) section 1754(c)(1)(A)(i) of the Export Con19 trol Reform Act of 2018 (50 U.S.C. 

20 4813(c)(1)(A)(i)); 

21 (2) section 620A of the Foreign Assistance Act 

22 of 1961 (22 U.S.C. 2371); 

23 (3) section 40(d) of the Arms Export Control 

24 Act (22 U.S.C. 2780(d)); or 

25 (4) any other provision of law. 


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1 SEC. 5. DESIGNATION OF THE TALIBAN AS A FOREIGN TER2 RORIST ORGANIZATION. 

3 The Secretary of State shall designate the Taliban 

4 as a foreign terrorist organization pursuant to section 219 

5 of the Immigration and Nationality Act (8 U.S.C. 1189). 

6 SEC. 6. DETERMINATIONS WITH RESPECT TO NARCOTICS 

7 TRAFFICKING AND MONEY LAUNDERING BY 

8 THE TALIBAN. 

9 Not later than 120 days after the date of the enact10 ment of this Act, the Secretary of State shall submit to 

11 Congress a report that includes— 

12 (1) a determination of whether the Taliban 

13 should be designated as— 

14 (A) a significant foreign narcotics traf15 ficker (as defined in section 808 of the Foreign 

16 Narcotics Kingpin Designation Act (21 U.S.C. 

17 1907)); or 

18 (B) a significant transnational criminal or19 ganization under Executive Order 13581 (50 

20 U.S.C. 1701 note; relating to blocking property 

21 of transnational criminal organizations); and 

22 (2) a determination of whether Afghanistan, 

23 while under the control of the Taliban, should be 

24 designated as a high-risk jurisdiction subject to a 

25 call for action (commonly referred to as the ‘‘black 


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1 list’’) under the criteria established for such designa2 tion by the Financial Action Task Force. 

3 SEC. 7. ASSESSMENT OF WHETHER RARE EARTH METALS 

4 EXPORTED FROM AFGHANISTAN VIOLATE 

5 PROHIBITION ON IMPORTATION OF GOODS 

6 MADE WITH FORCED LABOR. 

7 The Commissioner of U.S. Customs and Border Pro8 tection shall— 

9 (1) assess whether the importation of rare earth 

10 metals extracted in Afghanistan and goods produced 

11 from such metals violates the prohibition on impor12 tation of goods made with forced labor under section 

13 307 of the Tariff Act of 1930 (19 U.S.C. 1307); and 

14 (2) consider issuing a withhold release order 

15 with respect to such metals and goods to prevent 

16 such metals and goods from entering the United 

17 States. 

18 SEC. 8. REPORT ON DIPLOMATIC RELATIONS OF THE 

19 TALIBAN AND SUPPORTERS OF THE TALIBAN. 

20 Not later than 120 days after the date of the enact21 ment of this Act, and annually thereafter, the Secretary 

22 of State shall submit to Congress a report that— 

23 (1) describes the Taliban’s relations with Iran, 

24 the Russian Federation, Pakistan, Saudi Arabia, the 


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1 United Arab Emirates, Tajikistan, Uzbekistan, and 

2 the People’s Republic of China; 

3 (2) identifies each foreign person that know4 ingly assists, provides significant support or services 

5 to, or is involved in a significant transaction with, a 

6 senior member of the Taliban or a supporter of the 

7 Taliban; and 

8 (3) assesses— 

9 (A) the likelihood that the countries re10 ferred to in paragraph (1) will seek to invest in 

11 Afghanistan’s key natural resources; and 

12 (B) the impact of such investments on the 

13 national security of the United States. 

14 SEC. 9. REPORT ON SAFE HARBOR PROVIDED TO TER15 RORIST ORGANIZATIONS BY PAKISTAN. 

16 Not later than 120 days after the date of the enact17 ment of this Act, and annually thereafter, the Secretary 

18 of State shall submit to Congress and make available to 

19 the public a report that describes the actions taken by the 

20 Government of Pakistan to provide safe harbor to organi21 zations— 

22 (1) designated by the Secretary of State as for23 eign terrorist organizations under section 219 of the 

24 Immigration and Nationality Act (8 U.S.C. 1189); 

25 and 


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1 (2) designated as a specially designated global 

2 terrorist organizations under Executive Order 13224 

3 (50 U.S.C. 1701 note; relating to blocking property 

4 and prohibiting transactions with persons who com5 mit, threaten to commit, or support terrorism). 

6 SEC. 10. IMPOSITION OF SANCTIONS WITH RESPECT TO 

7 SUPPORTERS OF THE TALIBAN. 

8 (a) IN GENERAL.—The President shall impose 2 or 

9 more of the sanctions described in subsection (b) with re10 spect to each foreign person identified under paragraph 

11 (2) of section 8 in the most recent report submitted under 

12 that section. 

13 (b) SANCTIONS DESCRIBED.—The sanctions that 

14 may be imposed with respect to a foreign person under 

15 subsection (a) are the following: 

16 (1) EXPORT-IMPORT BANK ASSISTANCE FOR

17 EXPORTS TO SANCTIONED PERSONS.—The President 

18 may direct the Export-Import Bank of the United 

19 States not to give approval to the issuance of any 

20 guarantee, insurance, extension of credit, or partici21 pation in the extension of credit in connection with 

22 the export of any goods or services to the foreign 

23 person. 

24 (2) EXPORT SANCTION.—The President may 

25 order the United States Government not to issue 


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1 any specific license and not to grant any other spe2 cific permission or authority to export any goods or 

3 technology to the foreign person under— 

4 (A) the Export Control Reform Act of 

5 2018 (50 U.S.C. 4801 et seq.); 

6 (B) the Arms Export Control Act (22 

7 U.S.C. 2751 et seq.); 

8 (C) the Atomic Energy Act of 1954 (42 

9 U.S.C. 2011 et seq.); or 

10 (D) any other statute that requires the 

11 prior review and approval of the United States 

12 Government as a condition for the export or re13 export of goods or services. 

14 (3) LOANS FROM UNITED STATES FINANCIAL

15 INSTITUTIONS.—The President may prohibit any 

16 United States financial institution from making 

17 loans or providing credits to the foreign person total18 ing more than $10,000,000 in any 12-month period. 

19 (4) BLOCKING OF PROPERTY OF IDENTIFIED

20 PERSONS.—The President may exercise all powers 

21 granted to the President by the International Emer22 gency Economic Powers Act (50 U.S.C. 1701 et 

23 seq.) to the extent necessary to block and prohibit 

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1 ests in property are in the United States, come with2 in the United States, or are or come within the pos3 session or control of a United States person. 

4 (c) IMPLEMENTATION; PENALTIES.— 

5 (1) IMPLEMENTATION.—The President may ex6 ercise the authorities provided to the President 

7 under sections 203 and 205 of the International 

8 Emergency Economic Powers Act (50 U.S.C. 1702 

9 and 1704) to the extent necessary to carry out this 

10 section. 

11 (2) PENALTIES.—A person that violates, at12 tempts to violate, conspires to violate, or causes a 

13 violation of this section or any regulation, license, or 

14 order issued to carry out this section shall be subject 

15 to the penalties set forth in subsections (b) and (c) 

16 of section 206 of the International Emergency Eco17 nomic Powers Act (50 U.S.C. 1705) to the same ex18 tent as a person that commits an unlawful act de19 scribed in subsection (a) of that section. 

20 (d) EXCEPTIONS.— 

21 (1) EXCEPTION FOR INTELLIGENCE ACTIVI22 TIES.—Sanctions under this section shall not apply 

23 to any activity subject to the reporting requirements 

24 under title V of the National Security Act of 1947 


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1 (50 U.S.C. 3091 et seq.) or any authorized intel2 ligence activities of the United States. 

3 (2) EXCEPTION RELATING TO IMPORTATION OF

4 GOODS.— 

5 (A) IN GENERAL.—The authorities and re6 quirements to impose sanctions authorized 

7 under this section shall not include the author8 ity or a requirement to impose sanctions on the 

9 importation of goods. 

10 (B) GOOD DEFINED.—In this paragraph, 

11 the term ‘‘good’’ means any article, natural or 

12 manmade substance, material, supply, or manu13 factured product, including inspection and test 

14 equipment, and excluding technical data. 

15 (e) DEFINITIONS.—In this section: 

16 (1) FOREIGN PERSON.—The term ‘‘foreign per17 son’’ means a person that is not a United States 

18 person. 

19 (2) UNITED STATES PERSON.—The term 

20 ‘‘United States person’’ means— 

21 (A) an individual who is a United States 

22 citizen or an alien lawfully admitted for perma23 nent residence to the United States; 

24 (B) an entity organized under the laws of 

25 the United States or any jurisdiction within the 


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1 United States, including a foreign branch of 

2 such an entity; or 

3 (C) any person in the United States. 

4 SEC. 11. REPEAL OF EXCEPTION TO SANCTIONS WITH RE5 SPECT TO ENERGY, SHIPPING, AND SHIP6 BUILDING SECTORS OF IRAN RELATING TO 

7 AFGHANISTAN RECONSTRUCTION. 

8 Subsection (f) of section 1244 of the Iran Freedom 

9 and Counter-Proliferation Act of 2012 (22 U.S.C. 8803) 

10 is repealed. 

11 SEC. 12. LIMITATION ON HUMANITARIAN ASSISTANCE 

12 THAT COULD BENEFIT FOREIGN TERRORIST 

13 ORGANIZATIONS. 

14 (a) IN GENERAL.—Before obligating funds described 

15 in subsection (b) for assistance in or for Afghanistan and 

16 Pakistan or any other country in which organizations des17 ignated by the Secretary of State as foreign terrorist orga18 nizations under section 219 of the Immigration and Na19 tionality Act (8 U.S.C. 1189) hold territory or wield sub20 stantial economic or political power, the Administrator of 

21 the United States Agency for International Development 

22 shall take all appropriate steps to ensure that such assist23 ance is not provided to or through— 

24 (1) any individual, private or government enti25 ty, or educational institution that the Secretary 


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1 knows, or has reason to believe, advocates, plans, 

2 sponsors, engages in, or has engaged in, terrorist ac3 tivity; or 

4 (2) any private entity or educational institution 

5 that has, as a principal officer or member of the 

6 governing board or governing board of trustees of 

7 the entity or institution, any individual who has been 

8 determined to be— 

9 (A) involved in or advocating terrorist ac10 tivity; or 

11 (B) a member of a foreign terrorist organi12 zation. 

13 (b) FUNDS DESCRIBED.—Funds described in this 

14 subsection are funds appropriated under the heading 

15 ‘‘Economic Support Fund’’, ‘‘Development Assistance’’, 

16 ‘‘Global Health’’, ‘‘Transition Initiatives’’, or ‘‘Inter17 national Humanitarian Assistance’’ in an Act making ap18 propriations for the Department of State, foreign oper19 ations, and related programs or making supplemental ap20 propriations. 

21 (c) IMPLEMENTATION.— 

22 (1) IN GENERAL.—The Administrator of the 

23 United States Agency for International Development 

24 shall, as appropriate— 


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1 (A) establish procedures to specify the 

2 steps to be taken in carrying out subsection (a); 

3 and 

4 (B) terminate assistance— 

5 (i) to any individual, entity, or edu6 cational institution that the Secretary has 

7 determined to be involved in or advocating 

8 terrorist activity; or 

9 (ii) that could benefit such an indi10 vidual, entity, or educational institution. 

11 (2) INCLUSION OF CERTAIN ENTITIES.—In es12 tablishing procedures under paragraph (1)(A) with 

13 respect to steps to be taken to ensure that assistance 

14 is not provided to individuals, entities, or institutions 

15 described in subsection (a), the Administrator shall 

16 ensure that the recipients and subrecipients of as17 sistance from the United States Agency for Inter18 national Development and their contractors and sub19 contractors are included. 

20 SEC. 13. RESTRICTION ON FOREIGN ASSISTANCE TO COUN21 TRIES IN WHICH COUPS D’E ́ TAT HAVE OC22 CURRED. 

23 (a) IN GENERAL.—None of the funds appropriated 

24 or otherwise made available pursuant to an Act making 

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1 ations, and related programs or making supplemental ap2 propriations may be obligated or expended to finance di3 rectly any assistance to the government of any country 

4 whose duly elected head of government is deposed by mili5 tary coup d’e ́tat or decree or, after the date of the enact6 ment of this Act, a coup d’e ́tat or decree in which the 

7 military plays a decisive role. 

8 (b) RESUMPTION OF ASSISTANCE.—Assistance de9 scribed in subsection (a) may be resumed to a government 

10 described in that subsection if the Secretary of State cer11 tifies and reports to Congress that, subsequent to the ter12 mination of such assistance, a democratically elected gov13 ernment has taken office. 

14 (c) EXCEPTION.—The prohibition under subsection 

15 (a) shall not apply to assistance to promote democratic 

16 elections or public participation in democratic processes. 

17 (d) NOTIFICATION PROCEDURES.—Funds made 

18 available pursuant to subsection (b) or (c) shall be subject 

19 to the regular notification procedures of the Committees 

20 on Appropriations of the Senate and the House of Rep21 resentatives. 

Æ 


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