§ 583.201 Prohibited transactions.
(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or control of any U.S. person of the following persons are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in: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) Executive Order (E.O.) 13818 Annex. The persons listed in the Annex to E.O. 13818 of December 20, 2017.
(2) E.O. 13818. Any foreign person determined by the Secretary of the Treasury, in consultation with the Secretary of State and the Attorney General:
(i) To be responsible for or complicit in, or to have directly or indirectly engaged in, serious human rights abuse;
(ii) To be a current or former government official, or a person acting for or on behalf of such an official, who is responsible for or complicit in, or has directly or indirectly engaged in:
(A) Corruption, including the misappropriation of state assets, the expropriation of private assets for personal gain, corruption related to government contracts or the extraction of natural resources, or bribery; or
(B) The transfer or the facilitation of the transfer of the proceeds of corruption;
(iii) To be or have been a leader or official of:
(A) An entity, including any government entity, that has engaged in, or whose members have engaged in, any of the activities described in paragraph (a)(2)(i), (a)(2)(ii)(A), or (a)(2)(ii)(B) of this section relating to the leader’s or official’s tenure; or
(B) An entity whose property and interests in property are blocked pursuant to this order as a result of activities related to the leader’s or official’s tenure;
(iv) To have attempted to engage in any of the activities described in paragraph (a)(2)(i), (a)(2)(ii)(A), or (a)(2)(ii)(B) of this section; and
(v) To have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of:
(A) Any activity described in paragraph (a)(2)(i), (a)(2)(ii)(A), or (a)(2)(ii)(B) of this section that is conducted by a foreign person;
(B) Any person whose property and interests in property are blocked pursuant to paragraph (a) of this section; or
(C) Any entity, including any government entity, that has engaged in, or whose members have engaged in, any of the activities described in paragraph (a)(2)(i), (a)(2)(ii)(A), or (a)(2)(ii)(B) of this section, where the activity is conducted by a foreign person;
(vi) To be owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, any person whose property and interests in property are blocked pursuant to paragraph (a) of this section; or
(vii) To have attempted to engage in any of the activities described in paragraph (a)(2)(v) or (a)(2)(vi) of this section.
(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 December 20, 2017 pursuant to the national emergency declared in E.O. 13818 of December 20, 2017 are prohibited pursuant to this part.
Note 1 to § 583.201. The names of persons designated or identified as blocked pursuant to E.O. 13818, or any further Executive orders issued pursuant to the national emergency declared therein, 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. 13818: “[GLOMAG]”; and for any further Executive orders issued pursuant to the national emergency declared in E.O. 13818: using the identifier formulation “[GLOMAG-E.O. [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 § 583.411 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 § 583.201. 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. The names of persons whose property and interests in property are blocked pending investigation pursuant to this section also are published in the Federal Register and incorporated into the SDN List using the following identifiers: for E.O. 13818: “[BPI-GLOMAG]”; for any further Executive orders issued pursuant to the national emergency declared in E.O. 13818: using the identifier formulation “[BPI-GLOMAG-E.O. [E.O. number pursuant to which the person’s property and interests in property are blocked pending investigation]].”
Note 3 to § 583.201. Sections 501.806 and 501.807 of this chapter describe the procedures to be followed by persons seeking, respectively, the unblocking of funds that they believe were blocked due to mistaken identity, or administrative reconsideration of their status as persons whose property and interests in property are blocked pursuant to this section.
1) This is a standard blocking prohibition, as it appears in a set of non-abbreviated sanctions regulations that fully incorporate into the regulations the primary and derivative designation criteria used to determine the range of persons with respect to which blocking prohibitions apply.
2) The scope of the basic blocking provision is generally interpreted harmoniously on a cross-programmatic basis. Refer to Notes Common to most "Prohibited transactions" and "Prohibited transactions involving blocked property" Provisions; an Introduction to the Basic Blocking Language (System Ed. Note), which serves as a jumping off point for other system notes dealing with the scope of basic blocking language in further detail.
3) For comments on designation criteria, see EO 13818. Note that all OFAC-relevant prohibitions imposed by the relevant EOs have been incorporated in these sanctions regulations, and there have been no additional EOs related to the relevant emergency.