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or other direction or authorization
issued pursuant to this part;
(ii) Such transfer was not licensed or
authorized by the Director of the Office
of Foreign Assets Control; or
(iii) If a license did purport to cover
the transfer, such license had been
obtained by misrepresentation of a third
party or withholding of material facts or
was otherwise fraudulently obtained.
Note to paragraph (d) of § 541.202: The
filing of a report in accordance with the
provisions of paragraph (d)(3) of this section
shall not be deemed evidence that the terms
of paragraphs (d)(1) and (d)(2) of this section
have been satisfied.
(e) Except to the extent otherwise
provided by law or unless licensed
pursuant to this part, any attachment,
judgment, decree, lien, execution,
garnishment, or other judicial process is
null and void with respect to any
property in which on or since the
effective date there existed an interest of
a person whose property or interests in
property are blocked pursuant to
§ 541.201(a).
§ 541.203 Holding of funds in interestbearing
accounts; investment and
reinvestment.
(a) Except as provided in paragraph
(c) or (d) of this section, or as otherwise
directed by the Office of Foreign Assets
Control, any U.S. person holding funds,
such as currency, bank deposits, or
liquidated financial obligations, subject
to § 541.201(a) shall hold or place such
funds in a blocked interest-bearing
account located in the United States.
(b)(1) For purposes of this section, the
term blocked interest-bearing account
means a blocked account:
(i) In a federally-insured U.S. bank,
thrift institution, or credit union,
provided the funds are earning interest
at rates that are commercially
reasonable; or
(ii) With a broker or dealer registered
with the Securities and Exchange
Commission under the Securities
Exchange Act of 1934 (15 U.S.C. 78a et
seq.), provided the funds are invested in
a money market fund or in U.S.
Treasury bills.
(2) For purposes of this section, a rate
is commercially reasonable if it is the
rate currently offered to other depositors
on deposits or instruments of
comparable size and maturity.
(3) Funds held or placed in a blocked
account pursuant to this paragraph (b)
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45250 Federal Register / Vol. 69, No. 145 / Thursday, July 29, 2004 / Rules and Regulations
may not be invested in instruments the
maturity of which exceeds 180 days. If
interest is credited to a separate blocked
account or subaccount, the name of the
account party on each account must be
the same.
(c) Blocked funds held in instruments
the maturity of which exceeds 180 days
at the time the funds become subject to
§ 541.201(a) may continue to be held
until maturity in the original
instrument, provided any interest,
earnings, or other proceeds derived
therefrom are paid into a blocked
interest-bearing account in accordance
with paragraph (b) or (d) of this section.
(d) Blocked funds held in accounts or
instruments outside the United States at
the time the funds become subject to
§ 541.201(a) may continue to be held in
the same type of accounts or
instruments, provided the funds earn
interest at rates that are commercially
reasonable.
(e) This section does not create an
affirmative obligation for the holder of
blocked tangible property, such as
chattels or real estate, or of other
blocked property, such as debt or equity
securities, to sell or liquidate such
property at the time the property
becomes subject to § 541.201(a).
However, the Office of Foreign Assets
Control may issue licenses permitting or
directing such sales in appropriate
cases.
(f) Funds subject to this section may
not be held, invested, or reinvested in
a manner that provides immediate
financial or economic benefit or access
to any person whose property or
interests in property are blocked
pursuant to § 541.201(a), nor may their
holder cooperate in or facilitate the
pledging or other attempted use of
blocked funds or other assets as
collateral.
§ 541.204 Evasions; attempts;
conspiracies.
(a) Except as otherwise authorized,
and notwithstanding any contract
entered into or any license or permit
granted prior to the effective date, any
transaction by any U.S. person or within
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