Regulations last checked for updates: Nov 22, 2024

Title 31 - Money and Finance: Treasury last revised: Nov 18, 2024
§ 548.300 - Applicability of definitions.

The definitions in this subpart apply throughout the entire part.

§ 548.301 - Blocked account; blocked property.

The terms blocked account and blocked property mean any account or property subject to the prohibitions in § 548.201 held in the name of a person whose property and interests in property are blocked pursuant to § 548.201, or in which such person has an interest, and with respect to which payments, transfers, exportations, withdrawals, or other dealings may not be made or effected except pursuant to a license or other authorization from OFAC expressly authorizing such action.

Note 1 to § 548.301.

See § 548.411 concerning the blocked status of property and interests in property of an entity that is directly or indirectly owned, whether individually or in the aggregate, 50 percent or more by one or more persons whose property and interests in property are blocked pursuant to § 548.201.

§ 548.302 - Construction sector of the Belarus economy.

The term construction sector of the Belarus economy includes the production, procurement, devising, framing, design, testing, financing, distribution, or transport involving Belarus, of goods, services, or technology to fabricate, shape, alter, maintain, or form any buildings or structures, including the on-site development, assembly, or construction of residential, commercial, or institutional buildings in Belarus; and any related activities, including the provision or receipt of goods, services, or technology involving the construction sector of the Belarus economy.

§ 548.303 - Debt.

The term debt as used in § 548.202 includes bonds, loans, extensions of credit, loan guarantees, letters of credit, drafts, bankers' acceptances, discount notes or bills, or commercial paper.

§ 548.304 - Defense and related materiel sector of the Belarus economy.

The term defense and related materiel sector of the Belarus economy includes military, armed forces, or security forces of or within Belarus; the use of arms or related materiel by military, armed forces, or security forces of or within Belarus; any person manufacturing, supplying, financing, procuring, or distributing goods, services, or technology to, from, or involving military, armed forces, or security forces of or within Belarus; and any related activities, including the provision or receipt of goods, services, or technology involving the defense and related materiel sector of the Belarus economy.

§ 548.305 - Effective date.

(a) The term effective date refers to the effective date of the applicable prohibitions and directives contained in this part as follows:

(1) With respect to a person whose property and interests in property are blocked pursuant to § 548.201(a)(1), 12:01 a.m. eastern daylight time, June 19, 2006;

(2) With respect to a person whose property and interests in property are otherwise blocked pursuant to § 548.201, the earlier of the date of actual or constructive notice that such person's property and interests in property are blocked; and

(3) With respect to transactions prohibited by § 548.202, the earlier of the date of actual or constructive notice of such prohibition.

(b) For the purposes of this section, constructive notice is the date that a notice of the blocking of the relevant person's property and interests in property, or notice of a prohibition pursuant to § 548.202, is published in the Federal Register.

§ 548.306 - Energy sector of the Belarus economy.

The term energy sector of the Belarus economy includes the procurement, exploration, extraction, drilling, mining, harvesting, production, refinement, liquefaction, gasification, regasification, conversion, enrichment, fabrication, manufacturing, testing, financing, distribution, or transport to, from, or involving Belarus, of petroleum, natural gas, liquefied natural gas, natural gas liquids, or petroleum products, or other products capable of producing energy, such as coal, wood, or agricultural products used to manufacture biofuels; the development, production, testing, generation, transmission, financing, or exchange of power, through any means, including nuclear, electrical, thermal, and renewable, in or involving Belarus; and any related activities, including the provision or receipt of goods, services, or technology to, from, or involving the energy sector of the Belarus economy.

§ 548.307 - Entity.

The term entity means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization.

§ 548.308 - Financial, material, or technological support.

The term financial, material, or technological support means any property, tangible or intangible, including currency, financial instruments, securities, or any other transmission of value; weapons or related materiel; chemical or biological agents; explosives; false documentation or identification; communications equipment; computers; electronic or other devices or equipment; technologies; lodging; safe houses; facilities; vehicles or other means of transportation; or goods. “Technologies” as used in this section means specific information necessary for the development, production, or use of a product, including related technical data such as blueprints, plans, diagrams, models, formulae, tables, engineering designs and specifications, manuals, or other recorded instructions.

§ 548.309 - Government of Belarus.

The term Government of Belarus means the Government of Belarus, any political subdivision, agency, or instrumentality thereof, including the National Bank of the Republic of Belarus, and any person owned, controlled, or directed by, or acting for or on behalf of, the Government of Belarus.

§ 548.310 - [Reserved]
§ 548.311 - Interest.

Except as otherwise provided in this part, the term interest, when used with respect to property (e.g., “an interest in property”), means an interest of any nature whatsoever, direct or indirect.

§ 548.312 - Licenses; general and specific.

(a) Except as otherwise provided in this part, the term license means any license or authorization contained in or issued pursuant to this part.

(b) The term general license means any license or authorization the terms of which are set forth in subpart E of this part or made available on OFAC's website: www.treas.gov/ofac.

(c) The term specific license means any license or authorization issued pursuant to this part but not set forth in subpart E of this part or made available on OFAC's website: www.treas.gov/ofac.

Note 1 to § 548.312.

See § 501.801 of this chapter on licensing procedures.

§ 548.313 - OFAC.

The term OFAC means the Department of the Treasury's Office of Foreign Assets Control.

§ 548.314 - Person.

The term person means an individual or entity.

§ 548.315 - Potassium chloride (potash) sector of the Belarus economy.

The term potassium chloride (potash) sector of the Belarus economy includes the extraction, mining, harvesting, production, procurement, refinement, manufacturing, testing, financing, distribution, or transport to, from, or involving Belarus, of potassium chloride (potash) or potash products; and any related activities, including the provision or receipt of goods, services, or technology to, from, or involving the potash sector of the Belarus economy.

§ 548.316 - Property; property interest.

The terms property and property interest include money, checks, drafts, bullion, bank deposits, savings accounts, debts, indebtedness, obligations, notes, guarantees, debentures, stocks, bonds, coupons, any other financial instruments, bankers acceptances, mortgages, pledges, liens or other rights in the nature of security, warehouse receipts, bills of lading, trust receipts, bills of sale, any other evidences of title, ownership, or indebtedness, letters of credit and any documents relating to any rights or obligations thereunder, powers of attorney, goods, wares, merchandise, chattels, stocks on hand, ships, goods on ships, real estate mortgages, deeds of trust, vendors' sales agreements, land contracts, leaseholds, ground rents, real estate and any other interest therein, options, negotiable instruments, trade acceptances, royalties, book accounts, accounts payable, judgments, patents, trademarks or copyrights, insurance policies, safe deposit boxes and their contents, annuities, pooling agreements, services of any nature whatsoever, contracts of any nature whatsoever, and any other property, real, personal, or mixed, tangible or intangible, or interest or interests therein, present, future, or contingent.

§ 548.317 - Security sector of the Belarus economy.

The term security sector of the Belarus economy includes non-military persons who are engaged in the following in or involving Belarus: state security and law enforcement; justice management and oversight; border management; customs and civil emergency management; surveillance and cyber-security; and any related activities, including the provision or receipt of goods, services, or technology to, from, or involving the security sector of the Belarus economy.

§ 548.318 - Structured.

The term structured, with respect to a transaction, has the meaning given the term “structure (structuring)” in 31 CFR 1010.100(xx) (or any corresponding similar regulation or ruling).

§ 548.319 - Tobacco products sector of the Belarus economy.

The term tobacco products sector of the Belarus economy includes the production, procurement, refinement, manufacturing, testing, financing, distribution, or transport to, from, or involving Belarus, of any product made or derived from tobacco, including any component, part, or accessory of such a product; and any related activities, including the provision or receipt of services, or technology to, from, or involving the tobacco products sector of the Belarus economy.

§ 548.320 - Transfer.

The term transfer means any actual or purported act or transaction, whether or not evidenced by writing, and whether or not done or performed within the United States, the purpose, intent, or effect of which is to create, surrender, release, convey, transfer, or alter, directly or indirectly, any right, remedy, power, privilege, or interest with respect to any property. Without limitation on the foregoing, it shall include the making, execution, or delivery of any assignment, power, conveyance, check, declaration, deed, deed of trust, power of attorney, power of appointment, bill of sale, mortgage, receipt, agreement, contract, certificate, gift, sale, affidavit, or statement; the making of any payment; the setting off of any obligation or credit; the appointment of any agent, trustee, or fiduciary; the creation or transfer of any lien; the issuance, docketing, filing, or levy of or under any judgment, decree, attachment, injunction, execution, or other judicial or administrative process or order, or the service of any garnishment; the acquisition of any interest of any nature whatsoever by reason of a judgment or decree of any foreign country; the fulfillment of any condition; the exercise of any power of appointment, power of attorney, or other power; or the acquisition, disposition, transportation, importation, exportation, or withdrawal of any security.

§ 548.321 - Transportation sector of the Belarus economy.

The term transportation sector of the Belarus economy includes the production, manufacturing, testing, financing, distribution or transport to, from, or involving Belarus, of any mode of transport or any goods, services, or technology for the movement or conveyance of persons or property and the loading, unloading, or storage incidental to the movement of such persons or property; and any related activities, including the provision or receipt of goods, services, or technology to, from, or involving the transportation sector of the Belarus economy.

§ 548.322 - United States.

The term United States means the United States, its territories and possessions, and all areas under the jurisdiction or authority thereof.

§ 548.323 - United States person; U.S. person.

The term United States person or U.S. person means any United States citizen, lawful permanent resident, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States.

§ 548.324 - U.S. financial institution.

The term U.S. financial institution means any U.S. entity (including its foreign branches) that is engaged in the business of accepting deposits, making, granting, transferring, holding, or brokering loans or credits, purchasing or selling foreign exchange, securities, futures or options, or procuring purchasers and sellers thereof, as principal or agent. It includes depository institutions, banks, savings banks, money services businesses, operators of credit card systems, trust companies, insurance companies, securities brokers and dealers, futures and options brokers and dealers, forward contract and foreign exchange merchants, securities and commodities exchanges, clearing corporations, investment companies, employee benefit plans, dealers in precious metals, stones, or jewels, and U.S. holding companies, U.S. affiliates, or U.S. subsidiaries of any of the foregoing. This term includes those branches, offices, and agencies of foreign financial institutions that are located in the United States, but not such institutions' foreign branches, offices, or agencies.

authority: 3 U.S.C. 301; 31 U.S.C. 321(b); 50 U.S.C. 1601-1651,1701; Pub. L. 101-410, 104 Stat. 890, as amended (28 U.S.C. 2461 note); E.O. 13405, 71 FR 35485, 3 CFR, 2006 Comp., p. 231; E.O. 14038, 86 FR 43905, 3 CFR, 2021 Comp., p. 626
source: 88 FR 18039, Mar. 27, 2023, unless otherwise noted.
cite as: 31 CFR 548.321