31 C.F.R. § 515.521

U.S. assets of certain Cuban corporations

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(a) Specific licenses may be issued unblocking the net pro rata shares of individuals who are permanent residents of the United States or the authorized trade territory, and who are not specially designated nationals, in U.S.-located assets of corporations formed under the laws of Cuba, after deducting the total debt due creditors for claims that accrued prior to the effective date, in cases where all of the following conditions are met:

(1) The assets were owned by, or accrued to, the corporation before the effective date of the regulations;

(2) The corporation did not carry on substantial business in Cuba under the management or control of the applicant(s) after the effective date;

(3) In cases where the blocked assets purportedly have been nationalized by Cuba, compensation has not been paid to the applicant(s).

(b) Applications for specific licenses under this section must include all of the following information:

(1) A detailed description of the corporation, its by-laws, activities, distribution of shares, and its current status;

(2) Proof of the permanent residence of the applicant(s) in the United States or the authorized trade territory;

(3) A list of all officers, directors and shareholders of the corporation, giving the citizenship and the residence of each person as of the date of the application;

(4) A detailed description of all of the assets of the corporation, wherever located, including a statement of all known encumbrances or claims against them; and

(5) Detailed information regarding the status of all debts and other obligations of the corporation, specifying the citizenship and residence of each creditor on the effective date and on the date of the application.

[50 FR 33720, Aug. 21, 1985. Redesignated at 64 FR 25813, May 13, 1999]

Notes of Decisions

Cited in 2 cases, 1966–1970 · leading case: Juan Rigores Sardino v. The Fed. Reserve Bank of New York & the Sec'y of the Treasury of the United States, 361 F.2d 106 (2d Cir. 1966).

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Juan Rigores Sardino v. The Fed. Reserve Bank of New York & the Sec'y of the Treasury of the United States, 361 F.2d 106 (2d Cir. 1966). “513 ; the Regulations also permit remittance not in excess of $100 a month for necessary living expenses, but only through payment to a blocked account of a Cuban bank in the United States, 31 C.F.R. § 515.521 . Sardino effectively replies that he owes no customs duties, taxes…”

Nielsen v. Sec'y of the Treasury, 424 F.2d 833 (D.C. Cir. 1970). “the government’s blocking program we interject to take note of 31 CFR § 515.521 , which permits remittances for necessary living expenses, not to exceed $100 per month, where the blocked account “is in the name of, or in which the beneficial interest is held by, the payee or…”

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