31 C.F.R. § 548.201

Current through September 30, 2024

Section 548.201 - Prohibited transactions involving blocked property

(a) All property and interests in property that are in the United States, that come within the United States, or that are or come within the possession or control of any U.S. person of the following persons are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in:

(1)E.O. 13405 Annex. The persons listed in the Annex to E.O. 13405 of June 16, 2006;

(2)E.O. 13405. Any person determined by the Secretary of the Treasury, after consultation with the Secretary of State:

(i) To be responsible for, or to have participated in, actions or policies that undermine democratic processes or institutions in Belarus;

(ii) To be responsible for, or to have participated in, human rights abuses related to political repression in Belarus;

(iii) To be a senior-level official, a family member of such an official, or a person closely linked to such an official who is responsible for or has engaged in public corruption related to Belarus;

(iv) To have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of, the activities described in paragraphs (a)(2)(i) through (iii) of this section or any person whose property or interests in property are blocked pursuant to paragraph (a)(1) or (2) of this section; or

(v) To be owned or controlled by or acting or purporting to act for or on behalf of, directly or indirectly, any person whose property or interests in property are blocked pursuant to paragraph (a)(1) or (2) of this section; and

(3)E.O. 14038. Any person determined by the Secretary of the Treasury, in consultation with the Secretary of the State:

(i) To be or have been a leader, official, senior executive officer, or member of the board of directors of:

(A) An entity that has, or whose members have, engaged in any of the activities described in this paragraphs (a)(3)(B)(v)(A) through (E) or paragraphs (a)(2)(i) through (iii) of this section; or

(B) An entity whose property and interests in property are blocked pursuant to this paragraph (a);

(ii) To be a political subdivision, agency, or instrumentality of the Government of Belarus;

(iii) To be or have been a leader or official of the Government of Belarus;

(iv) To operate or have operated in the defense and related materiel sector, security sector, energy sector, potassium chloride (potash) sector, tobacco products sector, construction sector, or transportation sector of the economy of Belarus, or any other sector of the Belarus economy as may be determined by the Secretary of the Treasury, in consultation with the Secretary of the State;

(v) To be responsible for or complicit in, or to have directly or indirectly engaged or attempted to engage in, any of the following:

(A) Actions or policies that threaten the peace, security, stability or territorial integrity of Belarus;

(B) Actions or policies that prohibit, limit, or penalize the exercise of human rights and fundamental freedoms (including freedoms of expression, peaceful assembly, association, religion or belief, and movement) by individuals in Belarus, or that limit access to the internet or print, online, or broadcast media in Belarus;

(C) Electoral fraud or other actions or policies that undermined the electoral process in a Republic of Belarus election;

(D) Deceptive or structured transactions or dealings to circumvent any United States sanctions by or for or on behalf of, or for the benefit of, directly or indirectly, the Government of Belarus or any persons whose property and interests in property are blocked pursuant to this paragraph (a); or

(E) Public corruption related to Belarus;

(vi) To have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, any activity described in paragraph (a)(3)(v) of this section or any person whose property and interests in property are blocked pursuant to this paragraph (a)(3); or

(vii) To be owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, the Government of Belarus or any person whose property and interests in property are blocked pursuant to this paragraph (a)(3).

(b) The prohibitions in paragraph (a) of this section include prohibitions on the following transactions:

(1) The making of any contribution or provision of funds, goods, or services by, to, or for the benefit of any person whose property and interests in property are blocked pursuant to paragraph (a) of this section; and

(2) The receipt of any contribution or provision of funds, goods, or services from any person whose property and interests in property are blocked pursuant to paragraph (a) of this section.

(c) Unless authorized by this part or by a specific license expressly referring to this part, any dealing in securities (or evidence thereof) held within the possession or control of a U.S. person and either registered or inscribed in the name of, or known to be held for the benefit of, or issued by, any person whose property and interests in property are blocked pursuant to paragraph (a) of this section is prohibited. This prohibition includes the transfer (including the transfer on the books of any issuer or agent thereof), disposition, transportation, importation, exportation, or withdrawal of, or the endorsement or guaranty of signatures on, any securities on or after the effective date. This prohibition applies irrespective of the fact that at any time (whether prior to, on, or subsequent to the effective date) the registered or inscribed owner of any such securities may have or might appear to have assigned, transferred, or otherwise disposed of the securities.

(d) The prohibitions in paragraph (a) of this section apply except to the extent provided by statutes, or in regulations, rulings, instructions, orders, directives, or licenses that may be issued pursuant to this part, and notwithstanding any contract entered into or any license or permit granted prior to the effective date.

(e) All transactions prohibited pursuant to any Executive order issued after August 9, 2021 pursuant to the national emergency declared in E.O. 13405 of June 16, 2006 are prohibited pursuant to this part.

31 C.F.R. §548.201

88 FR 18039, Mar. 27, 2023, as amended at 89 FR 75960, Sept. 17, 2024

88 FR 18039, 3/27/2023; as amended at 89 FR 75960, 9/17/2024

Note 1 to § 548.201. The names of persons listed in, designated, or identified as blocked pursuant to E.O. 13405, E.O. 14038, or any further Executive orders issued pursuant to the national emergency declared in E.O. 13405, whose property and interests in property therefore are blocked pursuant to this section, are published in the FEDERAL REGISTER and incorporated into OFAC's Specially Designated Nationals and Blocked Persons List (SDN List) using the following identifiers: for E.O. 13405: "[BELARUS]"; and for any further Executive orders issued pursuant to the national emergency declared in E.O. 13405: using the identifier formulation "[BELARUS-EO[E.O. number pursuant to which the person's property and interests in property are blocked]]." The SDN List is accessible through the following page on OFAC's website: www.treas.gov/sdn. Additional information pertaining to the SDN List can be found in appendix A to this chapter. See § 548.411 concerning entities that may not be listed on the SDN List but whose property and interests in property are nevertheless blocked pursuant to this section.

Note 2 to § 548.201. The International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), in Section 203 (50 U.S.C. 1702 ), authorizes the blocking of property and interests in property of a person during the pendency of an investigation. Except as described in note 3 to this section, the names of persons whose property and interests in property are blocked pending investigation pursuant to this section are published in the FEDERAL REGISTER and incorporated into the SDN List using the following identifiers: for E.O. 13405: "[BPI-BELARUS]"; for any further Executive orders issued pursuant to the national emergency declared in E.O. 13405: "[BPI-BELARUS-EO[E.O. number pursuant to which the person's property and interests in property are blocked pending investigation]]."

Note 3 to § 548.201: In certain cases, OFAC may issue an order to: identify as blocked specific property or interests in property of a person designated or otherwise blocked pursuant to this section; block specific property or interests in property of a person pending investigation; or block or impose other prohibitions with respect to specific property or interests in property less than full blocking sanctions. Notice of such orders will be provided: by publication in the FEDERAL REGISTER; in writing to persons OFAC may assess to have an interest in the property; or by issuing an order or directive in writing to financial institutions or other transaction intermediaries, and requiring the recipient of the order or directive to promptly disclose it to affected persons with whom the recipient maintains direct commercial relationships. Inquiries regarding any such order should be directed to OFAC's Compliance Division at 202-622-2490 or https://ofac.treasury.gov/contact-ofac.

Note 4 to § 548.201: Subpart E of part 501 of this chapter describes the procedures to be followed for the release of property and interests in property blocked pursuant to this section, including funds blocked due to mistaken identity or typographical or similar errors, and for administrative reconsideration of one's status as a person whose property and interests in property are blocked pursuant to paragraph (a) of this section.