(a) The term national when used with respect to a country shall include:
(1) A subject or citizen of that country or any person who has been domiciled in or a permanent resident of that country at any time on or since the “effective date,” except persons who were permanent residents of or domiciled in that country in the service of the U.S. Government and persons whose transactions in that country were authorized by the Office of Foreign Assets Control.
(2) Any partnership, association, corporation, or other organization that, on or since the effective date:
(i) Was or has been organized under the laws of that country;
(ii) Had or has had its principal place of business in that country; or
(iii) Was or has been controlled by, or a substantial part of the stocks, share, bonds, debentures, notes, drafts, or other securities or obligations of which was or has been controlled by, directly or indirectly, that country and/or one or more nationals thereof.
(3) Any organization's office or other sub-unit that is located within that country.
(4) Any person to the extent that such person, on or since the “effective date” was or has been acting or purporting to act directly or indirectly for the benefit or on behalf of any national of that country.
(5) Any other person who there is reasonable cause to believe is a “national” as defined in this section.
(b) Persons who travel in Cuba do not become nationals of Cuba solely because of such travel.
(c) The Secretary of the Treasury retains full power to determine that any person is or shall be deemed to be a “national” within the meaning of this section, and to specify the foreign country of which such person is or shall be deemed to be a national.
[28 FR 6974, July 9, 1963, as amended at 50 FR 27437, July 3, 1985; 64 FR 25812, May 13, 1999; 68 FR 14144, Mar. 24, 2003]
Notes of Decisions
Am. Airways Charters, Inc. v. Donald Regan, Sec'y of the Treasury, 746 F.2d 865 (D.C. Cir. 1984).
· cites it 2× “201(d) define the terms “[Cuban] national” and "designated national” to include any person who has been a Cuban citizen, and "any person who has been within [Cuba,] whether domiciled or resident therein or otherwise," at any time on or since July 8, 1963; any organization…”
Temistocles Ramirez De Arellano v. Caspar W. Weinberger, Sec'y of Def., 745 F.2d 1500 (D.C. Cir. 1984).
“Cuban refugees, who owned 750 of the 1000 shares of the corporation and because of their refugee status were not considered nationals of Cuba under the statute and regulations, 31 C.F.R. § 515.302 (a) (1969), brought suit to enjoin the blocking as applied to what they claimed…”
Tole S.A. v. Miller, 530 F. Supp. 999 (S.D.N.Y. 1981).
“31 C.F.R. § 515.302 (a)(2). Hence, under the Regulations Trans-Cuba was a “national” of Cuba, and thus a “designated national” whose American-based assets were immediately blocked.”
Lary v. Repub. of Cuba, 643 F. Supp. 194 (S.D.N.Y. 1986).
“TWEA, as implemented by the CACR, gives OFAC authority to control, in almost every respect, AAC’s [a designated Cuban national under 31 C.F.R. § 515.302 ] commercial relations with the outside world .”
Nielsen v. Sec'y of the Treasury, 424 F.2d 833 (D.C. Cir. 1970).
“31 C.F.R. § 515.302 (a) (1969). (a) Any payment or transfer of credit to a blocked account in a domestic bank in the name of any designated national *838 is hereby authorized providing such payment or transfer shall not be made from any blocked account if such payment or…”
United States v. Fernandez-Pertierra, 523 F. Supp. 1135 (S.D. Fla. 1981).
“The definition of “national” is contained in 31 C.F.R. § 515.302 (a) and provides: The term “national” shall include: (1) A subject or citizen of, or any person who has been within, a foreign country, whether domiciled or resident therein or otherwise at any time on or since the…”
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