C.F.R.
»
Title 31
» CHAPTER V—OFFICE OF FOREIGN ASSETS CONTROL, DEPARTMENT OF THE TREASURY › PART 515—CUBAN ASSETS CONTROL REGULATIONS › Subpart E—Licenses, Authorizations, and Statements of Licensing Policy
Any transfer of any dower, curtesy, community property, or other interest of any nature whatsoever, provided that such transfer arises solely as a consequence of the existence or change of marital status, is authorized.
[80 FR 56920, Sept. 21, 2015]
Notes of Decisions
Jorge A. Miranda v. Sec'y of the Treasury, 766 F.2d 1 (1st Cir. 1985).
“A decedent’s interest in his or her estate is deemed to continue after death. 3,1 C.F.R. 515.327. Hence, although a license to unblock assets is authorized for transfers occurring by intestate succession, neither intestate transfers nor testamentary dispositions are deemed to…”
Empresa Cubana Del Tabaco v. Culbro Corp., 399 F.3d 462 (2d Cir. 2005).
“The Regulations explicitly permit specific “transfers by operation of law,” including “[ajny transfer to any person by intestate succession,” 31 C.F.R. § 515.525 (a)(2), and transfers arising “solely as a consequence of the existence or change of marital status,” id.”
Richardson v. Simon, 560 F.2d 500 (2d Cir. 1977).
· cites it 2× “The key question, in my opinion, is: were Carl’s interest in the property and his status as a Cuban national altered by reason of his death? In other words, on August 24, 1965, did Concepcion become the sole owner of the New York-located funds, and did her change of status…”
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