Presidential Documents

8391 

Federal Register 

Vol. 87, No. 31 

Tuesday, February 15, 2022 

Title 3— 

The President 

Executive Order 14064 of February 11, 2022 

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blocked and may not be transferred, paid, exported, withdrawn, or otherwise 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. 


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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. 


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(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. 

THE WHITE HOUSE, 

February 11, 2022. 

[FR Doc. 2022–03346 

Filed 2–14–22; 8:45 am] 

Billing code 3395–F2–P 


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