Feb

7

From Here to Kathmandu


Posted by at 6:10 pm on February 7, 2007
Category: OFAC

Kathmandu TempleThe U.S. Embassy in Nepal announced today that OFAC has granted a license to the U.S. Mission in Nepal and to the U.S. Agency for International Development to continue to provide assistance to the Government of Nepal notwithstanding the participation of the Communist Party of Nepal (usually referred to simply as the Maoists) in the interim government of Nepal. As we noted in an earlier post, the Maoists were added to the SDN list in 2003. Even though the Government of Nepal has reached a peace accord with the Maoists and included them in the interim government, the United States has not removed them from the SDN list. This means that provision of goods, services or financial assistance to the Government of Nepal or its agencies violates OFAC’s anti-terrorism sanctions regulations.

Neither the Embassy nor OFAC has yet released a copy of the license so the scope of the license is not clear. Whether it covers U.S. companies and NGOs in Nepal that may have dealings with the government remains to be seen. For the moment, it must be assumed that U.S. companies and NGOs will need separate licenses from OFAC to provide financial assistance, goods or services to the Government of Nepal, its agencies and its state-owned enterprises until such time as the Maoists are either removed from the SDN list or are removed from the interim government.

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Copyright © 2007 Clif Burns. All Rights Reserved.
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4 Comments:


Most likely a blanket license issued to AID covering the funds transfers related to humnatitarain of their grantees. These licenses occasionally list specific NGOs, but more likely than not AID would be required to provide OFAC with a list of their vetted grantees on an updated basis. Those NGOs which are not funded by AID would require their own specific licenses.

Comment by anonymous on February 8th, 2007 @ 9:17 am

My guess is that anonymous is right, particularly as to NGOs not being funded by AID.

Comment by Clif Burns on February 8th, 2007 @ 9:24 am

Why should another branch of government, especially the one for conducting foreign affairs and diplomacy, have to ask mother-may-I to OFAC? OFAC has far too much power and too little accountability.

Comment by Mike Deal on February 8th, 2007 @ 2:05 pm

[…] Last week I posted on the issuance by OFAC of a license to the U.S. Embassy in Nepal and USAID to continue providing financial support to the Government of Nepal notwithstanding that the Communist Party of Nepal (the “CPN”), an entity on OFAC’s SDN list, had been made part of an interim coalition government in Nepal. At that time, the text of the license had not been released and it was difficult to determine the extent to which it might cover NGOs in Nepal providing assistance to the Government of Nepal. […]

Comment by ExportLawBlog » From Here to Kathmandu, Part 2 on February 12th, 2007 @ 4:59 pm