31 C.F.R. Subpart C—General Definitions
Title 31 - Money and Finance: Treasury
The term foreign country also includes, but not by way of limitation: (a) The state and the government of any such territory on or after the “effective date” as well as any political subdivision, agency, or instrumentality thereof or any territory, dependency, colony, protectorate, mandate, dominion possession or place subject to the jurisdiction thereof, (b) Any other government (including any political subdivision, agency, or instrumentality thereof) to the extent and only to the extent that such government exercises or claims to exercise control, authority, jurisdiction or sovereignty over territory which on the “effective date” constituted such foreign country, (c) Any person to the extent that such person is, or has been, or to the extent that there is reasonable cause to believe that such person is, or has been, since the “effective date”, acting or purporting to act directly or indirectly for the benefit or on behalf of any of the foregoing, and (d) Any territory which on or since the “effective date” is controlled or occupied by the military, naval or police forces or other authority of such foreign country. (a) The term national shall include: (1) A subject or citizen of a country or any person who has been domiciled in or a permanent resident of that country at any time on or since the “effective date,” except persons who were resident or domiciled there in the service of the U.S. Government. (2) Any partnership, association, corporation, or other organization, organized under the laws of, or which on or since the “effective date” had or has had its principal place of business in a foreign country, or which on or since such effective date was or has been controlled by, or a substantial part of the stock, shares, bonds, debentures, notes, drafts, or other securities or obligations of which, was or has been owned or controlled by, directly or indirectly, a foreign country and/or one or more nationals thereof as defined in this section. (3) Any person to the extent that such person is, or has been, since the “effective date” acting or purporting to act directly or indirectly for the benefit or on behalf of any national of a foreign country. (4) Any other person who there is reasonable cause to believe is a “national” as defined in this section. (b) The Secretary of the Treasury retains full power to determine that any person is or shall be deemed to be a “national” within the meaning of this section, and to specify the foreign country of which such person is or shall be deemed to be a national. [17 FR 5343, June 12, 1952, as amended at 50 FR 27436, July 3, 1985] (a) Any person who by virtue of any provision in this chapter is a national of more than one foreign country shall be deemed to be a national of each of such foreign countries. (b) In any case in which a person is a national of two or more designated foreign countries, a license or authorization with respect to nationals of one of such designated foreign countries shall not be deemed to apply to such person unless a license or authorization of equal or greater scope is outstanding with respect to nationals of each other designated foreign country of which such person is a national. (c) In any case in which the combined interests of two or more designated foreign countries and/or nationals thereof are sufficient in the aggregate to constitute control or ownership of 25 per centum or more of the stock, shares, bonds, debentures, notes, drafts, or other securities or obligations of a partnership, association, corporation or other organization, but such control or a substantial part of such stock, shares, bonds, debentures, notes, drafts, or other securities or obligations is not held by any one such foreign country and/or national thereof, such partnership, association, corporation or other organization shall be deemed to be a national of each of such foreign countries. The term designated national shall mean any country designated in §500.201 and any national thereof including any person who is a specially designated national. (a) The term specially designated national shall mean: (1) Any person who is determined by the Secretary of the Treasury to be a specially designated national, (2) Any person who on or since the “effective date” has acted for or on behalf of the Government or authorities exercising control over any designated foreign country, or (3) Any partnership, association, corporation or other organization which on or since the “effective date” has been owned or controlled directly or indirectly by the Government or authorities exercising control over any designated foreign country or by any specially designated national. (b) [Reserved] Note to §500.306: Please refer to the appendices at the end of this chapter for listings of persons designated pursuant to this part. Section 501.807 of this chapter sets forth the procedures to be followed by persons seeking administrative reconsideration of their designation or that of a vessel as blocked, or who wish to assert that the circumstances resulting in the designation are no longer applicable. [15 FR 9040, Dec. 19, 1950, as amended at 41 FR 16554, Apr. 20, 1976; 61 FR 32938, June 26, 1996; 62 FR 45101, Aug. 25, 1997] Any person licensed pursuant to §500.505 as an unblocked national shall, while so licensed, be regarded as a person within the United States who is not a national of any designated foreign country: Provided, however, That the licensing of any person as an “unblocked national” shall not be deemed to suspend in any way the requirements of any section of this chapter relating to reports, and the production of books, documents, records, etc. [15 FR 9040, Dec. 19, 1950, as amended at 54 FR 5231, Feb. 2, 1989] The term person means an individual, partnership, association, corporation, or other organization. The phrase transactions which involve property in which any designated foreign country, or any national thereof, has any interest of any nature whatsoever, direct or indirect, includes, but not by way of limitation: (a) Any payment or transfer to any such designated foreign country or national thereof, (b) Any export or withdrawal from the United States to such designated foreign country, and (c) Any transfer of credit, or payment of an obligation, expressed in terms of the currency of such designated foreign country. The term transfer shall mean any actual or purported act or transaction, whether or not evidenced by writing, and whether or not done or performed within the United States, the purpose, intent, or effect of which is to create, surrender, release, transfer, or alter, directly or indirectly, any right, remedy, power, privilege, or interest with respect to any property and without limitation upon the foregoing shall include the making, execution, or delivery of any assignment, power, conveyance, check, declaration, deed, deed of trust, power of attorney, power of appointment, bill of sale, mortgage, receipt, agreement, contract, certificate, gift, sale, affidavit or statement; the appointment of any agent trustee, or other fiduciary; the creation or transfer of any lien; the issuance, docketing, filing, or the levy of or under any judgment, decree, attachment, execution, or other judicial or administrative process or order, or the service of any garnishment; the acquisition of any interest of any nature whatsoever by reason of a judgment or decree of any foreign country; the fulfillment of any condition, or the exercise of any power of appointment, power of attorney, or other power. Except as defined in §500.203(f) for the purposes of that section the terms property and property interest or property interests shall include, but not by way of limitation, money, checks, drafts, bullion, bank deposits, savings accounts, any debts, indebtedness obligations, notes, debentures, stocks, bonds, coupons, any other financial securities, bankers' acceptances, mortgages, pledges, liens or other right in the nature of security, warehouse receipts, bills of lading, trust receipts, bills of sale, any other evidences of title, ownership or indebtedness, powers of attorney, goods, wares, merchandise, chattels, stocks on hand, ships, goods on ships, real estate mortgages, deeds of trust, vendors' sales agreements, land contracts, real estate and any interest therein, leaseholds, ground rents, options, negotiable instruments, trade acceptances, royalties, book accounts, accounts payable, judgments, patents, trademarks, copyrights, contracts or licenses affecting or involving patents, trademarks or copyrights, insurance policies, safe deposit boxes and their contents, annuities, pooling agreements, contracts of any nature whatsoever, services, and any other property, real, personal, or mixed, tangible or intangible, or interest or interests therein, present, future, or contingent. [15 FR 9040, Dec. 19, 1950, as amended at 55 FR 31179, Aug. 1, 1990] The term interest when used with respect to property shall mean an interest of any nature whatsoever, direct or indirect. (a) The phrase property subject to the jurisdiction of the United States includes, without limitation, securities, whether registered or bearer, issued by: (1) The United States or any State, district, territory, possession, county, municipality, or any other subdivision or agency or instrumentality of any thereof; or (2) Any person within the United States whether the certificate which evidences such property or interest is physically located within or outside the United States. (b) The phrase property subject to the jurisdiction of the United States also includes, without limitation, securities, whether registered or bearer, by whomsoever issued, if the certificate evidencing such property or interest is physically located within the United States. The term banking institution shall include any person engaged primarily or incidentally in the business of banking, of granting or transferring credits, or of purchasing or selling foreign exchange or procuring purchasers and sellers thereof, as principal or agent, or any person holding credits for others as a direct or incidental part of his business, or any broker; and, each principal, agent, home office, branch or correspondent of any person so engaged shall be regarded as a separate “banking institution.” Except as otherwise specified, the term license shall mean any license or authorization contained in or issued pursuant to this chapter. [28 FR 6973, July 9, 1963] A general license is any license or authorization the terms of which are set forth in this chapter. A specific license is any license or authorization issued pursuant to this chapter but not set forth in this chapter. The term blocked account shall mean an account in which any designated national has an interest, with respect to which account payments, transfers or withdrawals of other dealings may not be made or effected except pursuant to an authorization or license authorizing such action. The term blocked account shall not be deemed to include accounts of unblocked nationals. The term domestic bank shall mean any branch or office within the United States of any of the following which is not a national of any designated foreign country: Any bank or trust company incorporated under the banking laws of the United States or of any State, territory, or district of the United States, or any private bank or banker subject to supervision and examination under the banking laws of the United States, or of any state, territory or district of the United States. The Secretary of the Treasury may also authorize any other banking institution to be treated as a “domestic bank” for the purpose of this definition or for the purpose of any or all sections of this chapter. The term United States means the United States and all areas under the jurisdiction or authority thereof, including U.S. trust territories and commonwealths. The term continental United States means the states of the United States and the District of Columbia. [50 FR 27436, July 3, 1985] (a) The term authorized trade territory shall include: (1) North, South and Central America, including the Caribbean region, except Cuba; (2) Africa; (3) Australia and Oceania, including Indonesia, New Zealand, and the Philippines; (4) Andorra, Austria, Belgium, Cyprus, Denmark, Ireland, the Federal Republic of Germany and the Western Sector of Berlin, Finland, France (including Monaco), Greece, Iceland, Italy, Liechtenstein, Luxembourg, Malta, the Netherlands, Norway, Portugal, San Marino, Spain, Sweden, Switzerland, Turkey, the United Kingdom, Vatican City, and Yugoslavia. (5) Afghanistan, Bangladesh, Bhutan, Burma, Hong Kong, India, Iran, Iraq, Israel, Japan, Jordan, Kuwait, Laos, Lebanon, Macao, Malaysia, Nepal, Oman, Pakistan, Qatar, Saudi Arabia, Singapore, South Korea, Sri Lanka (Ceylon), Syrian Arab Republic, Taiwan, Thailand, United Arab Emirates, and Yemen. (6) Any colony, territory, possession, or protectorate of any country included within this paragraph; but the term shall not include the United States. (b) The term member of the authorized trade territory shall mean any of the foreign countries or political subdivisions comprising the authorized trade territory. (50 U.S.C. App. 5(b); E.O. 9193, 3 CFR 1943 Cum. Supp.; Treas. Dept. Order No. 128, 32 FR 3472) [40 FR 19202, May 2, 1975, as amended at 41 FR 16554, Apr. 20, 1976; 42 FR 27199, May 27, 1977; 54 FR 5231, Feb. 2, 1989] The term occupied area shall mean any territory occupied by a designated foreign country which was not occupied by such country prior to June 25, 1950. The term national securities exchange shall mean an exchange registered as a national securities exchange under section 6 of the Securities Exchange Act of 1934 (48 Stat. 885, 15 U.S.C. 78f). Safe deposit boxes shall be deemed to be in the custody not only of all persons having access thereto but also of the lessors of such boxes whether or not such lessors have access to such boxes. The foregoing shall not in any way be regarded as a limitation upon the meaning of the term custody. The term blocked estate of a decedent shall mean any decedent's estate in which a designated national has an interest. A person shall be deemed to have an interest in a decedent's estate if he: (a) Was the decedent; (b) Is a personal representative; or (c) Is a creditor, heir, legatee, devisee, distributee, or beneficiary. (a) Those portions of Korea which are under the control of the government of the Republic of Korea are not included within the term designated foreign country. (b) The diplomatic and consular representatives of the Republic of Korea are not deemed to be acting or purporting to act directly or indirectly for the benefit or on the behalf of any designated foreign country. [41 FR 16554, Apr. 20, 1976, as amended at 45 FR 7224, Jan. 31, 1980] The term, person subject to the jurisdiction of the United States, includes: (a) Any individual, wherever located, who is a citizen or resident of the United States; (b) Any person within the United States as defined in §500.330; (c) Any corporation organized under the laws of the United States or of any state, territory, possession, or district of the United States; and (d) Any corporation, partnership, or association, wherever organized or doing business, that is owned or controlled by persons specified in paragraph (a) or (c) of this section. [50 FR 27436, July 3, 1985] (a) The term, person within the United States, includes: (1) Any person, wheresoever located, who is a resident of the United States; (2) Any person actually within the United States; (3) Any corporation organized under the laws of the United States or of any state, territory, possession, or district of the United States; and (4) Any partnership, association, corporation, or other organization, wheresoever organized or doing business, which is owned or controlled by any person or persons specified in paragraph (a) (1), (2), or (3) of this section. (b) [Reserved] [20 FR 1379, Mar. 8, 1955] The term merchandise means all goods, wares and chattels of every description without limitation of any kind. [24 FR 1984, Mar. 18, 1959] (a) For purposes of this part, the term informational materials includes, without limitation: (1) Publications, films, posters, phonograph records, photographs, microfilms, microfiche, tapes, compact disks, CD ROMs, artworks, and news wire feeds. (2) To be considered informational materials, artworks must be classified under chapter subheading 9701, 9702, or 9703 of the Harmonized Tariff Schedule of the United States. (b) The terms information and informational materials with respect to U.S. exports do not include items: (1) That would be controlled for export pursuant to section 5 of the Export Administration Act of 1979, 50 U.S.C. App. 2401–2420 (1979) (the “EAA”), or section 6 of the EAA to the extent that such controls promote the nonproliferation or antiterrorism policies of the United States, including “software” that is not “publicly available” as these terms are defined in 15 CFR parts 779 and 799.1 (1994); or (2) With respect to which acts are prohibited by 18 U.S.C. chapter 37. [60 FR 8934, Feb. 16, 1995]
Title 31: Money and Finance: Treasury
PART 500—FOREIGN ASSETS CONTROL REGULATIONS
Subpart C—General Definitions
§ 500.301 Foreign country.
§ 500.302 National.
§ 500.303 Nationals of more than one foreign country.
§ 500.305 Designated national.
§ 500.306 Specially designated national.
§ 500.307 Unblocked national.
§ 500.308 Person.
§ 500.309 Transactions.
§ 500.310 Transfer.
§ 500.311 Property; property interests.
§ 500.312 Interest.
§ 500.313 Property subject to the jurisdiction of the United States.
§ 500.314 Banking institution.
§ 500.316 License.
§ 500.317 General license.
§ 500.318 Specific license.
§ 500.319 Blocked account.
§ 500.320 Domestic bank.
§ 500.321 United States; continental United States.
§ 500.322 Authorized trade territory; member of the authorized trade territory.
§ 500.323 Occupied area.
§ 500.325 National securities exchange.
§ 500.326 Custody of safe deposit boxes.
§ 500.327 Blocked estate of a decedent.
§ 500.328 Status of those portions of Korea under control of the government of the Republic of Korea; and of the diplomatic and consular representatives of those countries.
§ 500.329 Person subject to the jurisdiction of the United States.
§ 500.330 Person within the United States.
§ 500.331 Merchandise.
§ 500.332 Information and informational materials.
