Second, the person said, the Biden administration recognizes that Afghanistan has acute humanitarian needs and so some share of the reserves should be used to address that problem.
Third, the person said, the administration sees the claims by the terrorist attack victims as legitimate and believes those need to be addressed through those funds as well.
And fourth, the person said, the Biden administration will not recognize the Taliban as the legitimate government of Afghanistan — a step that would have myriad other legal and diplomatic consequences — to resolve the Afghan central bank funds issue. Instead, it will address that question as circumstances warrant and on its own timetable.
Several people familiar with the matter said it might not be legally necessary to recognize the Taliban as the government of Afghanistan in order to seize the central bank funds to pay off the legal judgment. Instead, they said, a judge might find that the organization merely has a sufficient interest in the funds to make seizing them lawful.
The negotiations come as the Taliban have been separately lobbying to gain access to Afghan central bank funds in the United States, along with smaller deposits in Europe. On Nov. 17, the acting Taliban foreign affairs minister released a public letter to the United States Congress imploring it to release the funds, saying there was no justification in blocking them now that the war is over and they were needed to avert a humanitarian crisis this winter.
“We are of the belief that freezing Afghan assets cannot resolve the problem at hand neither is it the demand of the American people, hence your government must unfreeze our capital,” he said. “We are concerned that if the current situation prevails, the Afghan government and people will face problems and will become a cause for mass migration in the region and world which will consequently create further humanitarian and economic issues for the world.”
But the American government rebuffed the Taliban’s message in a statement by Thomas West, the special representative for Afghanistan, even as he said the United States would continue to provide humanitarian aid to the Afghan people.