C.F.R. » Title 31 » CHAPTER V—OFFICE OF FOREIGN ASSETS CONTROL, DEPARTMENT OF THE TREASURY › PART 515—CUBAN ASSETS CONTROL REGULATIONS › Subpart C—General Definitions

31 C.F.R. § 515.336

Confiscated

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As used in § 515.208, the term confiscated refers to:

(a) The nationalization, expropriation, or other seizure by the Cuban Government of ownership or control of property, on or after January 1, 1959:

(1) Without the property having been returned or adequate and effective compensation provided; or

(2) Without the claim to the property having been settled pursuant to an international claims settlement agreement or other mutually accepted settlement procedure; and

(b) The repudiation by the Cuban Government of, the default by the Cuban Government on, or the failure of the Cuban Government to pay, on or after January 1, 1959:

(1) A debt of any enterprise which has been nationalized, expropriated, or otherwise taken by the Cuban Government;

(2) A debt which is a charge on property nationalized, expropriated, or otherwise taken by the Cuban Government; or

(3) A debt which was incurred by the Cuban Government in satisfaction or settlement of a confiscated property claim.

[61 FR 37386, July 18, 1996]
Notes of Decisions
Cited in 6 cases, 2000–2009 · leading case: Empresa Cubana Exportadora v. Dept. of Treasury, 606 F. Supp. 2d 59 (D.D.C. 2009).
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Empresa Cubana Exportadora v. Dept. of Treasury, 606 F. Supp. 2d 59 (D.D.C. 2009). · cites it 4× “’’ 31 C.F.R. § 515.336 (a)(1), (a)(2). With this definition, OFAC gave the word “confiscation” its plain meaning and the meaning is in accordance with Congress’s intent.”
Glen v. Club Méditerranée S.A., 365 F. Supp. 2d 1263 (S.D. Fla. 2005). · cites it 2× “31 C.F.R. § 515.336 (a). Id. at 6 . Plaintiffs, finally point to Titles III and IV of the Cuban Liberty and Democratic Solidarity Act, (the “Helms-Burton Act”) and argue that through the Helms-Burton Act Congress reaffirmed the rights of American citizens to seek redress in the…”
Havana Club Holding, S.A. v. Galleon S.A., 203 F.3d 116 (2d Cir. 2000). · cites it 3× “See 31 C.F.R. § 515.336 . It is undisputed that JASA used the “Havana Club” name until the Cuban government expropriated the business in 1960 and has not expressly consented to HCI’s use of the “Havana Club” name.”
Empresa Cubana Exportadora De Alimentos Y Productos Varios v. United States Dep't of Treasury, 516 F. Supp. 2d 43 (D.D.C. 2007). “; 31 C.F.R. § 515.336 (2007) (defining “confiscated”).”
Havana Club Holding v. Galleon, 203 F.3d 116 (2d Cir. 2000). · cites it 3× “See31 C.F.R. 515.336. It is undisputed that JASA used the "Havana Club" name until the Cuban government expropriated the business in 1960 and has not expressly consented to HCI's use of the "Havana Club" name.”
Empresa Cubana Exportadora De Alimentos Y Productos Varios v. United States Dep't of Treasury (D.D.C. 2009). · cites it 2× “” 31 C.F.R. § 515.336 (a)(1), (a)(2). 2 According to defendant Szubin, OFAC’s director, after Section 211's enactment, OFAC retained “the authority to issue a specific license, should facts and circumstances and current U.”
— 31 C.F.R. § 515.336(a) — 1 case
Havana Club Holding v. Galleon, 203 F.3d 116 (2d Cir. 2000). “See31 C.F.R. 515.336. It is undisputed that JASA used the "Havana Club" name until the Cuban government expropriated the business in 1960 and has not expressly consented to HCI's use of the "Havana Club" name.”
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