Regulations last checked for updates: Nov 22, 2024
Title 31 - Money and Finance: Treasury last revised: Nov 18, 2024
§ 570.300 - Applicability of definitions.
The definitions in this subpart apply throughout the entire part.
§ 570.301 - Blocked account; blocked property.
The terms blocked account and blocked property mean any account or property subject to the prohibitions in § 570.201 held in the name of a person whose property and interests in property are blocked pursuant to § 570.201, 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 § 570.301:
See § 570.411 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 § 570.201.
§ 570.302 - 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 the Government of Libya or any person whose property and interests in property are blocked pursuant to § 570.201(a)(1) or (2), 8:00 p.m. eastern standard time, February 25, 2011; and
(2) With respect to a person whose property and interests in property are otherwise blocked pursuant to § 570.201, the earlier of the date of actual or constructive notice that such person's property and interests in property are blocked.
(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 is published in the Federal Register.
§ 570.303 - Entity.
The term entity means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization.
§ 570.304 - Financial, material, logistical, or technical support; financial, material, logistical, or technological support.
The terms financial, material, logistical, or technical support, and financial, material, logistical, or technological support, as used, respectively, in § 570.201(a)(3)(iv) and § 570.201(a)(4)(vi), mean 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.
§ 570.305 - Government of Libya.
The term Government of Libya includes:
(a) The state and the Government of the Libya, as well as any political subdivision, agency, or instrumentality thereof, and the Central Bank of Libya;
(b) Any entity directly or indirectly owned or controlled by the foregoing, including any corporation, partnership, association, or other entity in which the Government of Libya owns a 50 percent or greater interest or a controlling interest, and any entity which is otherwise controlled by that government;
(c) Any person that is, or has been, since the effective date, acting or purporting to act, directly or indirectly, for or on behalf of any of the foregoing; and
(d) Any other person determined by OFAC to be included within paragraphs (a) through (c) of this section.
Note 1 to § 570.305.
The names of persons that OFAC has determined fall within this definition are published in the Federal Register and incorporated into OFAC's Specially Designated Nationals and Blocked Persons List (SDN List) with the identifier “[LIBYA2].” The SDN List is accessible through the following page on OFAC's website: www.treasury.gov/sdn. However, the property and interests in property of persons who meet the definition of the term Government of Libya and are blocked pursuant to § 570.201 are blocked regardless of whether the names of such persons are published in the Federal Register or incorporated into the SDN List.
Note 2 to § 570.305:
Section 501.807 of this chapter describes the procedures to be followed by persons seeking administrative reconsideration of OFAC's determination that they fall within the definition of the term Government of Libya.
§ 570.306 - Government of National Accord or a successor government.
The term Government of National Accord or a successor government means:
(a) A Government of National Accord formed pursuant to the terms of the Libyan Political Agreement signed in Skhirat, Morocco, on December 17, 2015, or any amendments thereto;
(b) A governmental authority formed under the Libyan Constitution pursuant to the terms of the Libyan Political Agreement signed in Skhirat, Morocco, on December 17, 2015, or any amendments thereto;
(c) Any subdivision, agency, or instrumentality of the foregoing, and any partnership, association, corporation, or other organization owned or controlled, directly or indirectly, by, or acting for or on behalf of, the foregoing; or
(d) Any other person determined by the Secretary of the Treasury to be included within paragraphs (a) through (c) of this section.
§ 570.307 - [Reserved]
§ 570.308 - 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.
§ 570.309 - 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.treasury.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 § 570.309:
See § 501.801 of this chapter on licensing procedures.
§ 570.310 - OFAC.
The term OFAC means the Department of the Treasury's Office of Foreign Assets Control.
§ 570.311 - Person.
The term person means an individual or entity.
§ 570.312 - 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.
§ 570.313 - 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.
§ 570.314 - United States.
The term United States means the United States, its territories and possessions, and all areas under the jurisdiction or authority thereof.
§ 570.315 - United States person; U.S. person.
The term United States person or U.S. person means any United States citizen, permanent resident alien, 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.
§ 570.316 - 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, or 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;
22 U.S.C. 287c; Pub. L. 101-410, 104 Stat. 890, as amended (
28 U.S.C. 2461 note); E.O. 13566, 76 FR 11315, 3 CFR, 2011 Comp., p. 222; E.O. 13726, 81 FR 23559, 3 CFR, 2016 Comp., p. 454
source: 87 FR 59678, Oct. 3, 2022, unless otherwise noted.
cite as: 31 CFR 570.302