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31 CFR § 515.302 - National.

Date issued: Jul. 09 1963

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§515.302 National.
(a) The term national when used with respect to a country shall include:
(1) A subject or citizen of that country or any person who has been domiciled in or a permanent resident of that country at any time on or since the "effective date," except persons who were permanent residents of or domiciled in that country in the service of the U.S. Government and persons whose transactions in that country were authorized by the Office of Foreign Assets Control.
(2) Any partnership, association, corporation, or other organization that, on or since the effective date:
(i) Was or has been organized under the laws of that country;
(ii) Had or has had its principal place of business in that country; or
(iii) Was or has been controlled by, or a substantial part of the stocks, share, bonds, debentures, notes, drafts, or other...

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TURBOFAC Commentary (2113 words)

Notes:

1) 515.302, with a structure unique to the CACR among active actions programs, does most of its work in defining the scope of what individuals and entities are considered, as a threshold matter and prior to the consideration of general licenses, blocked for the purposes of the CACR.

2) 515.302, in conjunction with 515.201, operates such that all persons falling within the scope of 515.302 are automatically blocked (subject to unblocking via some other provision), whether or not OFAC has made an affirmative determination that a person is or is not a national pursuant to subsection (c). Contrast the typical IEEPA-based program, in which the typical default setting is that citizens of an embargoed country are not blocked solely by virtue of their citizenship, ii) entities controlled but not owned by blocked...