OFSI on Afghanistan: ‘Context changing. Uncertainty remains’

UK sanctions lawyers and compliance officers have received correspondence by email from the sanctions regulator, the Office of Financial Sanctions Implementation (‘OFSI’), which advises:

‘The context in Afghanistan is changing. There remains uncertainty over the form of a future government, but the Taliban has a number of sanctioned individuals in positions of authority within the organisation. OFSI reminds businesses that UN sanctions are already in place against individuals and entities associated with the Taliban.’

The email says that, given the ‘heightened risk’, ‘those engaging or considering engaging in any financial activity in relation to Afghanistan should:

• consider conducting enhanced due diligence including in respect of entities that may be owned or controlled by designated persons;
• check the consolidated list and consider seeking independent legal advice before undertaking any activity.’

OFSI says that it ‘recognises the concerns and challenges that NGOs and financial institutions may have at this time. The UK will continue to uphold its international obligations, ensuring that our efforts do not unnecessarily disrupt, delay or discourage legitimate humanitarian activity.’

It recommends that any humanitarian-related queries should be referred to sanctions@fcdo.gov.uk.