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AUG -8 2001
FAC No. CU-194183
Alan Gura, Esq.
Alan Gura, PLLC
1730 K Street, N.W., Suite 304
Washington, D.C. 20006
Dear Mr. Gura:
This is in response to your letter of July 24, 2001, on behalf of Rolando Viera, requesting confirmation that no specific license is required in order for the Boston Red Sox to employ him.
The Cuban Assets Control Regulations, 31 C.F.R. Part 515 (the "Regulations"), which are administered by the Office of Foreign Assets Control ("OFAC"), prohibit all dealings in property in which Cuba or a Cuba national has an interest unless authorized in accordance with current licensing policy set forth in the Regulations or are otherwise exempt. The term in property, as defined in § 515.311, includes the provision of services or entry into contracts or agreements....
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1) At this time this guidance letter (p. 2) was issued 515.505 provided as follows
§ 515.505 Certain persons unblocked.
(a) The following persons are hereby licensed as unblocked nationals.
(1) Any person resident in, or organized under the laws of a jurisdiction in, the United States or the authorized trade territory who or which has never been a designated national;
(2) Any individual resident in the United States who is not a specially designated national; and
(3) Any corporation, partnership or association that would be a designated national solely because of the interest therein of an individual licensed in paragraph (a) or (b) of this section as an unblocked national.
[...]
The provision has since been amended to read as follows:
§ 515.505 Certain Cuban nationals unblocked.
(a) General license unblocking certain persons. The following persons are licensed as unblocked...