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680 Subpart I—Paperwork Reduction § 595.901 31 CFR Ch. V (7±1±97 Edition) Disclosure of Records of the Depart- 596.403 Transactions incidental to a licensed mental Offices and of other bureaus transaction. and offices of the Department of the 596.404 Financial transactions transferred through a bank of a Terrorism List Gov- Treasury issued under 5 U.S.C. 552a and ernment. published at 31 CFR part 1. (c) Any form issued for use in connec- Subpart EÐLicenses, Authorizations and tion with this part may be obtained in Statements of Licensing Policy person or by writing to the Office of Foreign Assets Control, U.S. Depart- 596.501 Effect of license or authorization. 596.502 Exclusion from licenses and author- ment of the Treasury, 1500 Pennsylva- izations. nia Avenue, N.W.ÐAnnex, Washington, 596.503 Financial transactions with a Terror- DC 20220, or by calling 202/622±2480. ism List Government otherwise subject to 31 CFR chapter V. Subpart IÐPaperwork Reduction 596.504 Certain financial transactions with Terrorism List Governments authorized. Act 596.505 Certain transactions related to sti- pends and scholarships authorized. § 595.901 Paperwork Reduction Act no- tice. Subpart FÐReports The information collection require- 596.601 Required records. ments in §§ 595.503, 595.504, subpart F, 596.602 Reports to be furnished on demand. and §§ 595.703 and 595.801 have been ap- 596.603 Notification by financial institutions proved by the Office of Management rejecting financial transactions. and Budget under the Paperwork Re- duction Act and assigned control num- Subpart GÐPenalties ber 1505-0156. 596.701 Penalties. PART 596ÐTERRORISM LIST GOV- Subpart HÐProcedures ERNMENTS SANCTIONS REGULA- 596.801 Licensing. TIONS 596.802 Decisions. 596.803 Amendment, modification, or revoca- Subpart AÐRelation of This Part to Other tion. Laws and Regulations 596.804 Rulemaking. 596.805 Delegation by the Secretary of the Sec. Treasury. 596.101 Relation of this part to other laws 596.806 Rules governing availability of infor- and regulations. mation. Subpart BÐProhibitions Subpart IÐPaperwork Reduction Act 596.201 Prohibited financial transactions. 596.901 Paperwork Reduction Act notice. 596.202 Evasions; attempts; conspiracies. AUTHORITY: Pub. L. 104±132, 110 Stat. 1214, 1254 (18 U.S.C. 2332d). Subpart CÐGeneral Definitions SOURCE: 61 FR 43463, Aug. 23, 1996, unless 596.301 Donation. otherwise noted. 596.302 Effective date. 596.303 Financial institution. Subpart AÐRelation of This Part to 596.304 Financial transaction. Other Laws and Regulations 596.305 General license. 596.306 License. § 596.101 Relation of this part to other 596.307 Monetary instruments. laws and regulations. 596.308 Person; entity. 596.309 Specific license. (a) This part is separate from, and 596.310 Terrorism List Government. independent of, the other parts of this 596.311 Transaction. chapter. Differing foreign policy and 596.312 United States. national security contexts may result 596.313 United States person. in differing interpretations of similar language among the parts of this chap- Subpart DÐInterpretations ter. Except as otherwise authorized in 596.401 Reference to amended sections. this part, no license or authorization 596.402 Effect of amendment. contained in or issued pursuant to 680 Office of Foreign Assets Control, Treasury § 596.306 those other parts authorizes any trans- Subpart CÐGeneral Definitions action prohibited by this part. Except as otherwise authorized in this part, no § 596.301 Donation. license or authorization contained in The term donation means a transfer or issued pursuant to any other provi- made in the form of a gift or charitable sion of law or regulation authorizes contribution. any transaction prohibited by this part. See § 596.503. § 596.302 Effective date. (b) No license or authorization con- The term effective date refers to the tained in or issued pursuant to this effective date of the applicable prohibi- part relieves the involved parties from tions and directives contained in this complying with any other applicable part which is 12:01 a.m. EDT, August laws or regulations. 22, 1996. Subpart BÐProhibitions § 596.303 Financial institution. The term financial institution shall § 596.201 Prohibited financial trans- have the definition given that term in actions. 31 U.S.C. 5312(a)(2) or the regulations Except as authorized by regulations, promulgated thereunder, as from time orders, directives, rulings, instruc- to time amended. tions, licenses, or otherwise, no United NOTE: The breadth of the definition pre- States person, knowing or having rea- cludes its reproduction in this section. sonable cause to know that a country is designated under section 6(j) of the § 596.304 Financial transaction. Export Administration Act, 50 U.S.C. The term financial transaction shall App. 2405, as a country supporting have the meaning set forth in 18 U.S.C. international terrorism, shall engage 1956(c)(4), as from time to time amend- in a financial transaction with the gov- ed. As of the effective date, this term ernment of that country. Countries includes: designated under section 6(j) of the Ex- (a) A transaction which in any way port Administration Act as of the ef- or degree affects interstate or foreign fective date of this part are listed in commerce; the following schedule. (1) Involving the movement of funds SCHEDULE: by wire or other means; or (2) Involving one or more monetary Cuba. instruments; or Iran. (3) Involving the transfer of title to Iraq. Libya. any real property, vehicle, vessel, or North Korea. aircraft; or Sudan. (b) A transaction involving the use of Syria. a financial institution which is en- gaged in, or the activities of which af- § 596.202 Evasions; attempts; conspir- fect, interstate or foreign commerce in acies. any way or degree. Any transaction for the purpose of, or which has the effect of, evading or § 596.305 General license. avoiding, or which facilitates the eva- The term general license means any li- sion or avoidance of, any of the prohi- cense or authorization the terms of bitions set forth in this part, is hereby which are set forth in this part. prohibited. Any attempt to violate the prohibitions set forth in this part is § 596.306 License. hereby prohibited. Any conspiracy Except as otherwise specified, the formed for the purpose of engaging in a term license means any license or au- transaction prohibited by this part is thorization contained in or issued pur- hereby prohibited. suant to this part. 681 § 596.307 31 CFR Ch. V (7±1±97 Edition) § 596.307 Monetary instruments. 596.312 United States. The term monetary instruments shall The term United States means the have the meaning set forth in 18 U.S.C. United States, including its territories 1956(c)(5), as from time to time amend- and possessions. ed. As of the effective date, this term includes coin or currency of the United § 596.313 United States person. States or of any other country, travel- The term United States person means ers' checks, personal checks, bank any United States citizen or national, checks, and money orders, or invest- permanent resident alien, juridical per- ment securities or negotiable instru- son organized under the laws of the ments, in bearer form or otherwise in United States, or any person in the such form that title thereto passes United States. upon delivery. § 596.308 Person; entity. Subpart DÐInterpretations (a) The term person means an individ- § 596.401 Reference to amended sec- ual or entity. tions. (b) The term entity means a partner- Except as otherwise specified, ref- ship, association, corporation, or other erence to any section of this part or to organization. any regulation, ruling, order, instruc- tion, direction, or license issued pursu- § 596.309 Specific license. ant to this part refers to the same as The term specific license means any li- currently amended. cense or authorization not set forth in this part but issued pursuant to this § 596.402 Effect of amendment. part. Any amendment, modification, or revocation of any section of this part § 596.310 Terrorism List Government. or of any order, regulation, ruling, in- The term Terrorism List Government struction, or license issued by or under includes: the direction of the Director of the Of- fice of Foreign Assets Control does not, (a) The government of a country des- unless otherwise specifically provided, ignated under section 6(j) of the Export affect any act done or omitted to be Administration Act, as well as any po- done, or any civil or criminal suit or litical subdivision, agency, or instru- proceeding commenced or pending mentality thereof, including the prior to such amendment, modifica- central bank of such a country; tion, or revocation. All penalties, for- (b) Any entity owned or controlled by feitures, and liabilities under any such such a government. order, regulation, ruling, instruction, or license continue and may be en- § 596.311 Transaction. forced as if such amendment, modifica- The term transaction shall have the tion, or revocation had not been made. meaning set forth in 18 U.S.C. 1956(c)(3), as from time to time amend- § 596.403 Transactions incidental to a ed. As of the effective date, this term licensed transaction. includes a purchase, sale, loan, pledge, Any transaction ordinarily incident gift, transfer, delivery, or other dis- to a licensed transaction and necessary position, and with respect to a finan- to give effect thereto is also author- cial institution includes a deposit, ized. withdrawal, transfer between accounts, exchange of currency, loan, extension § 596.404 Financial transactions trans- of credit, purchase or sale of any stock, ferred through a bank of a Terror- bond, certificate of deposit, or other ism List Government. monetary instrument, use of a safe de- For the purposes of this part only, a posit box, or any other payment, trans- financial transaction not originated by fer, or delivery by, through, or to a fi- a Terrorism List Government, but nancial institution, by whatever means transferred to the United States effected.
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