31 C.F.R. Subpart C—General Definitions
Title 31 - Money and Finance: Treasury
The term effective date refers to the effective date of the applicable prohibitions and directives contained in subpart B as follows: (a) With respect to §§585.201 (a) and (d), 585.202, and 585.214, 11:59 p.m. EDT, May 30, 1992; (b) With respect to §§585.204, 585.205, 585.206, 585.207, 585.208, 585.209, 585.210, 585.211, 585.212, and 585.213, 12:20 p.m. EDT, June 5, 1992, except as provided in paragraph (d) of this section; (c) With respect to §585.203, July 15, 1992; (d) With respect to §585.206(c) and §585.207(b)(3), January 15, 1993; (e) With respect to §§585.201(b), 585.215, 585.216, 585.217(a), and 585.218(a), 12:01 a.m. EDT, April 26, 1993; and (f) With respect to §§585.201(c), 585.217(b), and 585.218(b), 11:59 p.m. EDT, October 25, 1994. [58 FR 13201, Mar. 10, 1993, as amended at 58 FR 35829, July 1, 1993; 60 FR 34146, June 30, 1995] The terms blocked account and blocked property shall mean any account and any property or interest in property blocked pursuant to §585.201 with respect to which payments, transfers, exportations, withdrawals, or other dealings may not be made or effected except pursuant to an authorization or license from the Office of Foreign Assets Control authorizing such action. [60 FR 34146, June 30, 1995] Except as otherwise provided in this part, the term interest when used with respect to property (e.g., an interest in property) means an interest of any nature whatsoever, direct or indirect. The terms property and property interest include, but are not limited to, money, checks, drafts, bullion, bank deposits, savings accounts, debts, indebtedness, obligations, notes, guarantees, debentures, stocks, bonds, coupons, any other financial instruments, bankers acceptances, mortgages, pledges, liens or other rights in the nature of security, warehouse receipts, bills of lading, trust receipts, bills of sale, any other evidences of title, ownership or indebtedness, letters of credit and any documents relating to any rights or obligations thereunder, 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, leaseholds, ground rents, real estate and any other interest therein, options, negotiable instruments, trade acceptances, royalties, book accounts, accounts payable, judgments, patents, trademarks or copyrights, insurance policies, safe deposit boxes and their contents, annuities, pooling agreements, services of any nature whatsoever, contracts of any nature whatsoever, and any other property, real, personal, or mixed, tangible or intangible, or interest or interests therein, present, future or contingent. The term transfer means any actual or purported act of 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, convey, transfer, or alter, directly or indirectly, any right, remedy, power, privilege, or interest with respect to any property, including funds, 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 making of any payment; the setting off of any obligation or credit; the appointment of any agent, trustee, or fiduciary; the creation or transfer of any lien; the issuance, docketing, filing, or the levy of or under any judgment, decree, attachment, injunction, 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; the exercise of any power of appointment, power of attorney, or other power; or the acquisition, disposition, transportation, importation, exportation, or withdrawal of any security. Except as otherwise specified, the term license means any license or authorization contained in or issued pursuant to this part. The term general license means any license or authorization the terms of which are set forth in this subpart E. The term specific license means any license or authorization not set forth in subpart E but issued pursuant to this part in response to an application. The term person means an individual, partnership, association, corporation, or other organization. The term entity includes a corporation, partnership, association, or other organization. The term Government of the FRY (S&M) includes: (a) The state and the Government of the FRY (S&M), the Government of Serbia, and the Government of Montenegro, including any subdivisions thereof or local governments therein, their respective agencies or instrumentalities, including the National Bank of Yugoslavia, the Yugoslav National Army, the Yugoslav Chamber of Economy, the National Bank of Serbia, the Serbian Chamber of Economy, the National Bank of Montenegro, and the Montenegrin Chamber of Economy; (b) Any entity owned or controlled by the foregoing. For purposes of the prohibitions of this part, all entities located in or organized under the laws of any jurisdiction within the FRY (S&M) are presumed to be controlled by the Government of the FRY (S&M), unless proven otherwise; (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, on behalf of any of the foregoing; and (d) Any person or organization determined by the Director of the Office of Foreign Assets Control to be included within this section, or owned or controlled by such a person or organization. Note to §585.311: Please refer to the appendices at the end of this chapter for listings of persons designated pursuant to this part, and pursuant to §585.201(c) with respect to the Bosnian Serbs. Section 501.807 of this chapter sets forth the procedures to be followed by persons seeking administrative reconsideration of their designation, or who wish to assert that the circumstances resulting in the designation are no longer applicable. [58 FR 13201, Mar. 10, 1993, as amended at 61 FR 32938, June 26, 1996; 62 FR 45110, Aug. 25, 1997] The term Government of the Socialist Federal Republic of Yugoslavia is used in this part only in reference to property held in the name of the former Government of the Socialist Federal Republic of Yugoslavia. Property and property interests held solely in the name of the Government of Slovenia, Croatia, Bosnia-Hercegovina or Macedonia, or in the name of any political subdivision, agency, or instrumentality thereof, do not constitute property held in the name of the former Government of the Socialist Federal Republic of Yugoslavia. The term Federal Republic of Yugoslavia (Serbia and Montenegro) or FRY (S&M) means the territory of Serbia and Montenegro. The term goods or services originating in the FRY (S&M) includes: (a) Goods produced, manufactured, grown, or processed within the FRY (S&M); (b) Goods which have entered into the commerce of the FRY (S&M); (c) Services performed in the FRY (S&M), or by a national thereof, wherever located, who is acting as an agent, employee, or contractor of the Government of the FRY (S&M) or of a business entity located in the FRY (S&M). Such services are not considered imported into the United States when such services are provided in the United States by a national of the FRY (S&M) employed in the United States who is not acting on behalf of the Government of the FRY (S&M). The term person in the FRY (S&M) includes any individual, partnership, association, corporation, or other organization or entity located in or organized under the laws of any jurisdiction in the FRY (S&M). The term United States means the United States, its territories and possessions, and all areas under the jurisdiction or authority thereof. The term United States person or U.S. person means any United States citizen; permanent resident alien; juridical person organized under the laws of the United States or any jurisdiction within the United States, including foreign branches; or any person in the United States, and vessels and aircraft of U.S. registration. The term U.S. financial institution means any U.S. person (including foreign branches) that is engaged in the business of accepting deposits, making, granting, transferring, holding, or brokering loans or credits, or purchasing or selling foreign exchange, securities, commodity futures or options, or procuring purchasers and sellers thereof, as principal or agent; including, but not limited to, depository institutions, banks, savings banks, trust companies, securities brokers and dealers, commodity futures and options brokers and dealers, forward contract and foreign exchange merchants, securities and commodities exchanges, clearing corporations, investment companies, employee benefit plans, and U.S. holding companies, U.S. affiliates, or U.S. subsidiaries of any of the foregoing. This term includes those branches, offices and agencies of foreign financial institutions which are located in the United States, but not such institutions' foreign branches, offices, or agencies. The term UNSC Resolution 757 means United Nations Security Council Resolution No. 757, adopted May 30, 1992, prohibiting certain transactions with respect to the FRY (S&M).
Title 31: Money and Finance: Treasury
PART 585—FEDERAL REPUBLIC OF YUGOSLAVIA (SERBIA AND MONTENEGRO) AND BOSNIAN SERB-CONTROLLED AREAS OF THE REPUBLIC OF BOSNIA AND HERZEGOVINA SANCTIONS REGULATIONS
Subpart C—General Definitions
§ 585.301 Effective date.
§ 585.302 Blocked account; blocked property.
§ 585.303 Interest.
§ 585.304 Property; property interest.
§ 585.305 Transfer.
§ 585.306 License.
§ 585.307 General license.
§ 585.308 Specific license.
§ 585.309 Person.
§ 585.310 Entity.
§ 585.311 Government of the FRY (S&M).
§ 585.312 Government of the Socialist Federal Republic of Yugoslavia.
§ 585.313 Federal Republic of Yugoslavia (Serbia and Montenegro); FRY (S&M).
§ 585.314 Goods and services originating in the FRY (S&M).
§ 585.315 Person in the FRY (S&M).
§ 585.316 United States.
§ 585.317 United States person; U.S. person.
§ 585.318 U.S. financial institution.
§ 585.319 UNSC Resolution 757.
