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the United States on or after the
effective date that evades or avoids, has
the purpose of evading or avoiding, or
attempts to violate any of the
prohibitions set forth in this part is
prohibited.
(b) Except as otherwise authorized,
and notwithstanding any contract
entered into or any license or permit
granted prior to the effective date, any
conspiracy formed to violate the
prohibitions set forth in this part is
prohibited.
§ 541.205 Expenses of maintaining
blocked property; liquidation of blocked
account.
(a) Except as otherwise authorized,
and notwithstanding the existence of
any rights or obligations conferred or
imposed by any international agreement
or contract entered into or any license
or permit granted before 12:01 eastern
standard time, March 7, 2003, all
expenses incident to the maintenance of
physical property blocked pursuant to
§ 541.201(a) shall be the responsibility
of the owners or operators of such
property, which expenses shall not be
met from blocked funds.
(b) Property blocked pursuant to
§ 541.201(a) may, in the discretion of
the Director, Office of Foreign Assets
Control, be sold or liquidated and the
net proceeds placed in a blocked
interest-bearing account in the name of
the owner of the property.
§ 541.206 Exempt transactions.
(a) Personal communications. The
prohibitions contained in this part do
not apply to any postal, telegraphic,
telephonic, or other personal
communication that does not involve
the transfer of anything of value.
(b) Information or informational
materials. (1) The importation from any
country and the exportation to any
country of information or informational
materials, as defined in § 541.304,
whether commercial or otherwise,
regardless of format or medium of
transmission, are exempt from the
prohibitions of this part.
(2) This section does not exempt from
regulation or authorize transactions
related to information or informational
materials not fully created and in
existence at the date of the transactions,
or to the substantive or artistic alteration
or enhancement of informational
materials, or to the provision of
marketing and business consulting
services. Such prohibited transactions
include, but are not limited to, payment
of advances for information or
informational materials not yet created
and completed (with the exception of
prepaid subscriptions for widelycirculated
magazines and other
periodical publications); provision of
services to market, produce or coproduce,
create, or assist in the creation
of information or informational
materials; and, with respect to
information or informational materials
imported from persons whose property
or interests in property are blocked
pursuant to § 541.201(a), payment of
royalties with respect to income
received for enhancements or alterations
made by U.S. persons to such
information or informational materials.
(3) This section does not exempt from
regulation or authorize transactions
incident to the exportation of software
subject to the Export Administration
Regulations, 15 CFR parts 730–774, or to
the exportation of goods, technology or
software, or to the provision, sale, or
leasing of capacity on
telecommunications transmission
facilities (such as satellite or terrestrial
network connectivity) for use in the
transmission of any data. The
exportation of such items or services
and the provision, sale, or leasing of
such capacity or facilities to a person
whose property or interests in property
are blocked pursuant to § 541.201(a) are
prohibited.
(c) Travel. The prohibitions contained
in this part do not apply to transactions
ordinarily incident to travel to or from
any country, including exportation or
importation of accompanied baggage for
personal use, maintenance within any
country, including payment of living
expenses and acquisition of goods or
services for personal use, and
arrangement or facilitation of such
travel, including nonscheduled air, sea,
or land voyages.
Subpart C—General Definitions
§ 541.301 Blocked account; blocked
property.
The terms blocked account and
blocked property shall mean any
account or property subject to the
prohibitions in § 541.201 held in the
name of a person whose property or
interests in property are blocked
pursuant to § 541.201(a), or in which
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