OFAC FAQ (Current) FAQ # 752 - Cuba-related: Banking

Date issued: Nov. 08 2017

TURBOFAC Commentary (151 words)

Notes:

1) The principle articulated here applies cross-programmatically. Contrast situations in which a transfer is blocked and i) a national emergency underlying an EO that granted the authority for the blocking is terminated [1], ii) OFAC de-lists an SDN whose property was blocked [2], or iii) OFAC de-lists an SDN where a person owned 50% or more by the SDN had funds frozen in the U.S. solely because of the relationship with the SDN. In those three cases, the unblocking of the funds occurs without further authorization from OFAC.

[1] See e.g. ENF 42110 - Letter from OFAC to R. Chichakli re: Unblocking by Operation of Law.
[2] See e.g. SDN List Data Specification Notice: Preface re: Blocking and Unblocking (2019), FAC No - XXXXX - 2006 Delisting Letter (Sample), but compare Libya - General License No. 8a, and comments thereto.
[3] See FAQ # 402.

2) Read in conjunction with FAQ # 751.