31 C.F.R. Subpart D—Interpretations
Title 31 - Money and Finance: Treasury
Reference to any section of this part or to any regulation, ruling, order, instruction, direction or license issued pursuant to this part shall be deemed to refer to the same as currently amended unless otherwise so specified. Any amendment, modification, or revocation of any section of this part or of any order, regulation, ruling, instruction, or license issued by or under the direction of the Secretary of the Treasury pursuant to section 3(a) or 5(b) of the Trading With the Enemy Act, as amended, or pursuant to Proclamation 3447, shall not unless otherwise specifically provided be deemed to affect any act done or omitted to be done, or any suit or proceeding had or commenced in any civil or criminal case, prior to such amendment, modification, or revocation, and all penalties, forfeitures, and liabilities under any such section, order, regulation, ruling, instruction or license shall continue and may be enforced as if such amendment, modification, or revocation had not been made. (a) Except as provided in §515.525, whenever a transaction licensed or authorized by or pursuant to this part results in the transfer of property (including any property interest) away from a designated national, such property shall no longer be deemed to be property in which a designated national has or has had an interest unless there exists in such property an interest of a designated national, the transfer of which has not been effected pursuant to license or other authorization. (b) Unless otherwise specifically provided in a license or authorization contained in or issued pursuant to this part, if property (including any property interest) is transferred to a designated national such property shall be deemed to be property in which there exists the interest of a designated national. A transaction between any person within the United States and any principal, agent, home office, branch, or correspondent, outside the United States of such person is a transaction prohibited by §515.201 to the same extent as if the parties to the transaction were in no way affiliated or associated with each other. Section 515.201 prohibits the exportation of securities, currency, checks, drafts and promissory notes to a designated foreign country. Section 515.201 prohibits the presentation, acceptance or payment of: (a) Drafts or other orders for payment drawn under irrevocable letters of credit issued in favor or on behalf of any designated national; (b) Drafts or other orders for payment, in which any designated national has on or since the “effective date” had any interest, drawn under any irrevocable letter of credit; and (c) Documentary drafts in which any designated national has on or since the “effective date” had any interest. Section 515.201 prohibits all transactions incident to the administration of the blocked estate of a decedent, including the appointment and qualification of personal representatives, the collection and liquidation of assets, the payment of claims, and distribution to beneficiaries. Attention is directed to §515.523 which authorizes certain transactions in connection with the administration of blocked estates of decedents, and §515.522 which authorizes the unblocking by specific license of estate assets to certain heirs under certain circumstances. [28 FR 6974, July 9, 1963, as amended at 54 FR 5234, Feb. 2, 1989; 64 FR 25812, May 13, 1999] Section 515.201 prohibits access to any safe deposit box within the United States in the custody of any designated national or containing any property in which any designated national has any interest or which there is reasonable cause to believe contains property in which any such designated national has any interest. Attention is directed to §515.517 which authorizes access to such safe deposit boxes under certain conditions. Section 515.201 prohibits any request or authorization made by or on behalf of a bank or other person within the United States to a bank or other person outside of the United States as a result of which request or authorization such latter bank or person makes a payment or transfer of credit either directly or indirectly to a designated national. Section 515.204 prohibits, unless licensed, the importation of commodities of Cuban origin. It also prohibits, unless licensed, persons subject to the jurisdiction of the United States from purchasing, transporting or otherwise dealing in commodities of Cuban origin which are outside the United States. [39 FR 25317, July 10, 1974] Heirs, legatees, etc. who acquire an interest in blocked property after July 8, 1963 pursuant to §515.525 are excluded from the provisions of §515.518 authorizing debits to blocked accounts for certain personal expenditures. [39 FR 25317, July 10, 1974]
Title 31: Money and Finance: Treasury
PART 515—CUBAN ASSETS CONTROL REGULATIONS
Subpart D—Interpretations
§ 515.401 Reference to amended sections.
§ 515.402 Effect of amendment of sections of this part or of other orders, etc.
§ 515.403 Termination and acquisition of the interest of a designated national.
§ 515.404 Transactions between principal and agent.
§ 515.405 Exportation of securities, currency, checks, drafts and promissory notes.
§ 515.406 Drafts under irrevocable letters of credit; documentary drafts.
§ 515.407 Administration of blocked estates of decedents.
§ 515.408 Access to certain safe deposit boxes prohibited.
§ 515.409 Certain payments to a designated foreign country and nationals through third countries.
§ 515.410 Dealing abroad in Cuban origin commodities.
§ 515.411 Exclusion from authorization in §515.518.
§ 515.413 [Reserved]
§ 515.415 Travel to Cuba; transportation of certain Cuban nationals.
(a) The following transactions are prohibited by §515.201 when in connection with the transportation of any Cuban national, except a Cuban national holding an unexpired immigrant or non-immigrant visa or a returning resident of the United States, from Cuba to the United States, unless otherwise licensed:
(1) Transactions incident to travel to, from, or within Cuba;
(2) The transportation to Cuba of a vessel or aircraft;
(3) The transportation into the United States of any vessel or aircraft which has been in Cuba since the effective date, regardless of registry;
(4) The provision of any services to a Cuban national, regardless of whether any consideration for such services is furnished by the Cuban national;
(5) The transportation or importation of baggage or other property of a Cuban national;
(6) The transfer of funds or other property to any person where such transfer involves the provision of services to a Cuban national or the transportation or importation of, or any transactions involving, property in which Cuba or any Cuban national has any interest, including baggage or other such property;
(7) Any other transaction such as payment of port fees and charges in Cuba and payment for fuel, meals, lodging; and
(8) The receipt or acceptance of any gratuity, grant, or support in the form of meals, lodging, fuel, payments of travel or maintenance expenses, or otherwise, in connection with travel to or from Cuba or travel or maintenance within Cuba.
(b) Transactions incident to the travel to the United States of Cuban nationals traveling without a visa issued by the Department of State are not authorized under the provisions of §515.571.
(c) Transactions described in paragraph (a) of this section are not “transactions ordinarily incident to travel to and from Cuba” as set forth in §515.560(c).
[45 FR 32671, May 19, 1980, as amended at 64 FR 25812, May 13, 1999]
§§ 515.416-515.417 [Reserved]
§ 515.418 Transactions related to telecommunications.
(a) Section 515.542(c) provides that specific licenses may be issued for transactions incident to the receipt or transmission of communications between the United States and Cuba. Pursuant to §515.542(c), licenses may be issued for payment to Cuba for full or partial payment of amounts due Cuba as a result of the provision of telecommunications services provided such services and payments are approved by the Federal Communications Commission and are consistent with policy guidelines governing telecommunications between the United States and Cuba established to implement the Cuban Democracy Act of 1992.
(b) Section 515.545 provides, in part, that licenses will be issued in appropriate cases for transactions for travel related to the transmission of information. Pursuant to §515.545, licenses may be issued on a case-by-case basis for travel transactions related to travel for negotiation or performance of telecommunications agreements for service between the United States and Cuba.
[58 FR 45060, Aug. 26, 1993, as amended at 64 FR 25812, May 13, 1999]
§ 515.419 [Reserved]
§ 515.420 Travel to Cuba.
The prohibition on dealing in property in which Cuba or a Cuban national has an interest set forth in §515.201(b)(1) includes a prohibition on the receipt of goods or services in Cuba, even if provided free-of-charge by the Government of Cuba or a national of Cuba or paid for by a third-country national who is not subject to U.S. jurisdiction. The prohibition set forth in §515.201(b)(1) also prohibits payment for air travel to Cuba on a third-country carrier unless the travel is pursuant to an OFAC general or specific license.
[69 FR 33771, June 16, 2004]
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