31 C.F.R. § 515.524

Payment from, and transactions in the administration of certain trusts and estates

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(a) Any bank or trust company incorporated under the laws of the United States, or of any State, territory, possession, or district of the United States, or any private bank subject to supervision and examination under the banking laws of any State of the United States, acting as trustee of a trust created by gift, donation, or bequest and administered in the United States, in which one or more persons who are designated nationals have an interest, beneficial or otherwise, or are co-trustees, is hereby authorized to engage in the following transactions:

(1) Payments of distributive shares of principal or income to all persons legally entitled thereto.

(2) Other transactions arising in the administration of such trust which might be engaged in if no Cuban national were a beneficiary or co-trustee of such trust.

(b) This section does not authorize a trustee to engage in any other transaction at the request, or upon the instructions, of any beneficiary or co-trustee of such trust or other person who is a Cuban national.

Note to paragraph (b):

See § 515.523 for a general license authorizing transactions incident to the administration of decedents' estates. See § 515.570(f)(1) for a general license authorizing funds deposited in a blocked bank account in a banking institution as a result of certain administration of decedents' estates to be remitted to a national of Cuba.

(c) The application of this section to trusts is limited to trusts established by gift, donation, or bequest from individuals or entities to benefit specific heirs, charitable causes, and similar beneficiaries. This section does not apply to trusts established for business or commercial purposes, such as sinking funds established by an issuer of securities in order to secure payment of interest or principal due on such securities.

[28 FR 6974, July 9, 1963, as amended at 49 FR 27144, July 2, 1984; 54 FR 5234, Feb. 2, 1989; 80 FR 56920, Sept. 21, 2015]

Notes of Decisions

Cited in 2 cases, 1988–1989 · leading case: De Cuellar v. Brady, 881 F.2d 1561 (11th Cir. 1989).

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De Cuellar v. Brady, 881 F.2d 1561 (11th Cir. 1989). “On cross-motions for summary judgment, the district court held that the trust fund qualified under 31 C.F.R. § 515.524 for a general license and that Mrs.”

De Cuellar v. Baker, 686 F. Supp. 890 (S.D. Fla. 1988). · cites it 3× “De Cuellar’s interest as that of a secured creditor and decided that, since she was not “legally entitled” to her distributive share, she did not qualify under the general license provision of 31 C.F.R. § 515.524 . 2 For the purpose of this motion which asserts the applicability…”

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