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959. Is support to public hospitals in Afghanistan (e.g., health services, facilities maintenance, and health worker salaries) by nongovernmental organizations (NGOs) considered ordinarily incident and necessary to authorized activities under Afghanistan-related General Licenses (GLs) 14, 15, and 19?  Are such transactions covered by Afghanistan-related GL 20?

Answer

Yes.  Providing support to public hospitals, such as provision of health services, technical support, and institutional deliveries, as well as payments directly to healthcare workers, that would otherwise be prohibited under the Global Terrorism Sanctions Regulations, 31 CFR part 594 (GTSR), the Foreign Terrorist Organizations Sanctions Regulations, 31 CFR part 597 (FTOSR), or Executive Order (E.O.) 13224, as amended, because of transactions with the Taliban and/or Haqqani Network are authorized under General Licenses (GLs) 14, 15, and 19

In addition, OFAC has issued Afghanistan-related GL 20 , which, to the extent authorization is required, authorizes all transactions involving Afghanistan or governing institutions in Afghanistan prohibited under the GTSR, the FTOSR, or E.O. 13224, as amended, subject to limited conditions set forth in GL 20 paragraph (b).  GL 20 therefore also covers support to public hospitals in Afghanistan (e.g., health services, facilities maintenance, and health worker salaries) by NGOs or other persons.   

As noted in FAQ 996, the authorization in Afghanistan-related GL 20 may overlap with the authorizations in Afghanistan-related GLs 14, 15, and 19.  Where appropriate, U.S. persons may rely on the broader authorization in GL 20 instead of the authorizations in GLs 14, 15, and 19.

Date Updated: February 25, 2022

Date Released
February 2, 2022