Ed. Note: if you’re new to TURBOFAC, please take note that the text string filtration function generally shouldn’t be used for terms such as “ordinarily resident,” “causing” or “new debt”. For research on the meaning of words and phrases such as those, i.e. terms central to the key legal issues in sanctions law that appear on a cross-programmatic basis, you’re typically better off locating and checking the appropriate box in the “Key Legal Issues” search category, which will limit the results to those that have been manually assessed as being relevant for the interpretation of the terms at issue.
Try typing your search term (“ordinarily resident,” “new debt,” or something else) in the “Find a Search Filter” box at the top of the page, and the corresponding “Key Legal Issues” check box will pop up instantly, if one exists. Once you check the box (e.g. “new debt,” with ~55 results), you can always use the text string filtration function to further refine your search (e.g. by typing “invoice” and narrowing the ~55 results to ~10).
Note in addition that the same applies to text string searches such as “14071” (if you’re looking for items related to EO 14071). By typing “14071” in the “Find a Search Filter” field up top, you will be able to instantly narrow the results down to items manually assessed as relating to EO 14071. Ditto terms such as “515.204” or “Iran General License G” (try the “Discrete Legal Provision” search category).
Please contact [email protected] or [email protected] with any questions on search results and efficiency.
Please click "Apply Text String Filters" again after clicking the "Close" button immediately below.
1) While the broad prohibition of the CACR (515.201) is silent on the range of circumstances that constitute "dealing in" property in which a Cuban has an interest, guidance is available in the form of OFAC's interpretive provisions in connection with typical list-based blocking programs.
For example, 541.405 (a boilerplate provision) provides that the basic blocking language is interpreted such that U.S. persons may not provide services:
(1) On behalf of or for the benefit of a person whose property and interests in property are blocked pursuant to §541.201(a); or
(2) With respect to property interests of any person whose property and interests in property are blocked pursuant to §541.201(a).
In addition, the basic blocking prohibition (e.g. §541.201) itself specifies that:
(b) The prohibitions in paragraph (a) of this section include, but are not limited to, 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.
515.201 is interpreted to cover all of the above with respect to Cuban nationals. Here, at a minimum, Aetna performed a service with respect to property interests of a blocked Cuban.
2) Compare Metropolitan Life Insurance Company (2011), and see 515.526 for (an impliedly) detailed accounting of the range of activities with respect to blocked life insurance policies that, without an applicable license, constitute "dealing in" or "transferring" blocked property.