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EO 13268Executive OrderG.W. Bush · R Quiet signal

Executive Order 13268

Termination of Emergency With Respect to the Taliban and Amendment of Executive Order 13224 of September 23, 2001

This executive order terminates the 1999 national emergency sanctions against the Taliban due to changed circumstances in Afghanistan, while simultaneously adding the Taliban and its leader Mohammed Omar to the post-9/11 terrorism sanctions list under Executive Order 13224. It effectively shifts the legal basis for Taliban sanctions from a standalone Afghanistan emergency to the broader counterterrorism framework.

Federal Register Open PDF 67 FR 44751

Key directives

  • Revoke Executive Order 13129 and terminate national emergency with respect to Taliban
  • Add Mohammed Omar and 'The Taliban' to Annex of Executive Order 13224
  • Authorize Secretary of State, in consultation with Secretary of Treasury, to modify definition of 'the Taliban'
  • Preserve all pre-existing actions, proceedings, matured rights, duties, and penalties under section 202 of NEA

Who is ordered

Timeline

Immediate

  • Termination of national emergency with respect to Taliban under EO 13129 takes effect
  • Taliban and Mohammed Omar added to EO 13224 sanctions annex
  • Secretary of State authorized to modify Taliban definition

Near term (90d)

  • Treasury/State implementation of revised sanctions designations
  • Financial institutions adjusting compliance frameworks

Long term

  • Ongoing sanctions enforcement under counterterrorism rather than country-specific authority
  • Potential legal proceedings relying on preserved pre-termination actions

Risks & tensions

  • Legal continuity risk: EO ensures no disruption to pending enforcement actions, but shifts statutory authority basis
  • Definitional flexibility: Secretary of State's authority to modify 'Taliban' definition creates potential for expansion or contraction of sanctioned group without further presidential action
  • Vague scope: 'Appropriate' modification standard in Section 2 lacks procedural constraints
  • Dual signal: Termination of one emergency while reinforcing sanctions under another may confuse compliance actors
Executive Order 13268: Termination of Emergency With Respect to the Taliban and Amendment of Executive Order 13224 of September 23, 2001 · Executive Orders