actions involving Southern Rhodesia or business nationals thereof: Provided, That the revocation of the Rhodesian Transaction Regulations shall not be deemed to authorize any unlicensed importation, transaction or transfer prohibited by the Rhodesian Transaction Regulations and all penalties, forfeitures, and liabilities under such regulations or any other applicable laws or regulations shall continue and may be enforced as if such revocation had not been made. (b) A license or authorization contained in or issued pursuant to this part does not authorize any transaction that is prohibited by the provisions of any law, statute or regulation other than section 5 of the United Nations Participation Act of 1945, Executive Order 11322 issued January 5, 1967, thereunder, Executive Order 11419, issued July 29, 1968, thereunder, and the regulations contained in this part. Subpart B-Prohibitions § 530.201 Prohibitions. (a) All of the following direct or indirect transactions by any person subject to the jurisdiction of the United States are prohibited, except as authorized by the Secretary of the Treasury (or any person, agency, or instrumentality designated by him), by means of regulations, rulings, instructions, general or specific licenses or otherwise: (1) The importation into the United States of merchandise of Southern Rhodesian origin; (2) Transfers of property which involve merchandise outside the United States of Southern Rhodesian origin; (3) Transfers of property which involve merchandise destined to Southern Rhodesia or to or for the account of business nationals thereof; (4) Other transfers of property to or on behalf of or for the benefit of any person in Southern Rhodesia (including the authorities thereof); and (5) The importation into the United States of ferrochrome produced in any country from chromium ore or concentrates of Southern Rhodesian origin. (b) Any transaction for the purpose or which has the effect of evading or avoiding any of the prohibitions set forth in paragraph (a) of this section is prohibited. The term "transfer" includes, but not by way of limitation, any actual or purported act or transaction, whether or not evidenced by writing, and whether or not done or performed within the United States, the purpose, intent, or effect of which is to create, surrender, release, transfer, or alter, directly or indirectly, any right, remedy, power, privilege, or interest, with respect to any property and without limitation upon the foregoing shall include the making, execution, or delivery of any assignment, power, conveyance, check, declaration, deed, deed of trust, power of attorney, power of appointment, bill of sale, mortgage, receipt, agreement, contract, certificate, gift, sale, affidavit, or statement; and the appointment of any agent, trustee, or other fiduciary. Except as otherwise specified, the term "license" shall mean any license or authorization contained in or issued pursuant to this part. § 530.304 General license. A general license is any license or authorization the terms of which are set forth in this part. § 530.305 Specific license. A specific license is any license or authorization issued pursuant to this part but not set forth in this part. § 530.306 United States; continental United States. The term "United States" means the United States and all areas under the jurisdiction or authority thereof including the Panama Canal Zone and the Trust Territory of the Pacific Islands. The term "continental United States" means the States of the United States and the District of Columbia. § 530.307 Person subject to the jurisdiction of the United States. (a) The term "person subject to the jurisdiction of the United States" includes: (1) Any person, wheresoever located, who is a citizen or resident of the United States; (2) Any person actually within the United States; (3) Any corporation organized under the laws of the United States or of any State, territory, possession, or district of the United States; and (4) Any partnership, association, corporation, or other organization organized under the laws of, or having its principal place of business in, Southern Rhodesia which is owned or controlled by persons specified in subparagraph (1), (2), or (3) of this paragraph. § 530.308 Property. The term "property" includes, but not by way of limitation, money, checks, drafts, bullion, bank deposits, savings accounts, any debts, indebtedness obligations, notes, debentures, stocks, bonds, coupons, any other financial securities, bankers' acceptances, mortgages, pledges, liens or other rights in the nature of security, warehouse receipts, bills of lading, trust receipts, bills of sale, any other evidences of title, ownership or indebtedness, powers of attorney, goods, wares, merchandise, chattels, stocks on hand, ships, goods on ships, real estate mortgages, deeds of trust, vendors' sales agreements, land contracts, real estate and any interest therein, leaseholds, ground rents, options, negotiable instruments, trade acceptances, royalties, book accounts, accounts payable, judgments, patents, trademarks, copyrights, contracts or licenses affecting or involving patents, trademarks or copyrights, insurance policies, safe deposit boxes and their contents, annuities, pooling agreements, contracts of any nature whatsoever, and any other property, real, personal, or mixed, tangible or intangible, or interest or interests therein, present, future, or contingent. (1) Any business enterprise in Southern Rhodesia; (2) Any person outside Southern Rhodesia to the extent such person is acting for or on behalf of or for the benefit of a business enterprise in Southern Rhodesia; (3) Any person outside Southern Rhodesia owned or controlled by a business enterprise in Southern Rhodesia. (b) The term "business enterprise" includes an individual to the extent he engages in business activities. § 530.311 Free account. A free account is a licensed account held by a domestic bank for a person in Southern Rhodesian. Credits to free accounts may only be made in accordance with a general or specific license. Debits to free accounts may be made without further license, provided that the debit is not for a transfer prohibited under any other part of this chapter. [33 F.R. 14596, Sept. 28, 1968] A suspense account is an account (other than a free account) held by a domestic bank for a person in Southern Rhodesia. Transfers to or from suspense accounts may only be made in accordance with a general or specific license. [33 F.R. 14596, Sept. 28, 1968] Subpart D-Interpretations Section 530.201 prohibits persons subject to the jurisdiction of the United States who are officers, directors, or principal managerial personnel of business enterprises in foreign countries from being involved in any transaction subject to § 530.201. Such persons are involved in transactions when they authorize or permit the foreign business enterprise to engage in a transaction subject to § 530.201, even if they do not themselves actively engage in the transaction. § 530.405 Transactions by persons in Southern Rhodesia. Section 530.201 prohibits persons who directly or indirectly own or control any person in Southern Rhodesia from authorizing or permitting the latter to engage in any transfer of property prohibited by § 530.201. [33 F.R. 14596, Sept. 28, 1968] § 530.406 Alterations of letters of credit. Section 530.201 prohibits the renewal, amendment, extension or other alteration of irrevocable letters of credit issued or confirmed by domestic banks prior to July 29, 1968 except in accordance with a specific license. [33 F.R. 14596, Sept. 28, 1968] § 530.408 Insurance operations in Southern Rhodesia. (a) Section 530.201 prohibits domestic insurance companies from insuring or reinsuring: (1) Merchandise in Southern Rhodesia produced there in whole or in part for export; (2) Merchandise of any origin shipped to or from Southern Rhodesia unless the shipment has been generally or specifically licensed by the Office of Foreign Assets Control; (3) Property in Southern Rhodesia which facilitates the export of merchandise from Southern Rhodesia, e.g., a factory or a mine whose output is chiefly for export purposes. (b) Section 530.201 does not prohibit domestic insurance companies from insuring or reinsuring lives of persons in Southern Rhodesia, or property in Southern Rhodesia which is not related to import or export of or carriage of merchandise. Payments under such policies to persons in Southern Rhodesia may only be made by payment into a suspense account. [33 F.R. 14596, Sept. 28, 1968] § 530.409 Business activities in South ern Rhodesia. (a) Section 530.201 prohibits persons subject to the jurisdiction of the United States from conducting business activities in Southern Rhodesia except that: (1) Activities in Southern Rhodesia in no way related to import or export of or carriage of merchandise are not prohibited; and (2) Licenses may be issued for business activities related to shipment or carriage of merchandise to or from Southern Rhodesia when the shipment or carriage has been licensed by the Office of Foreign Assets Control. Remittances to Southern Rhodesia connected with these business activities will not in general be authorized. [33 F.R. 14596, Sept. 28, 1968] § 530.410 Transfers of property in Southern Rhodesia. (a) Section 530.201 does not prohibit transfers of property in Southern Rhodesia by a person subject to the jurisdiction of the United States to any other person if the property is in no way related to either: (1) The conduct of prohibited business activities in Southern Rhodesia; or (2) The shipment or carriage of merchandise to or from Southern Rhodesia. [33 F.R. 14596, Sept. 28, 1968] Subpart E-Licenses, Authorizations and Statements of Licensing Policy § 530.501 Effect of subsequent license or authorization. No license or other authorization contained in this part or otherwise issued by or under the direction of the Secretary of the Treasury pursuant to Executive Order 11322, or Executive Order 11419 shall be deemed to authorize or validate any transaction effected prior to the issuance thereof, unless such license or other authorization specifically so provides. § 530.502 Exclusion from licenses and authorizations. The Secretary of the Treasury reserves the right to exclude from the operation of any license or from the privileges therein conferred, or to restrict the applicability thereof with respect to, particular persons, transactions or property or classes thereof. Such action shall be binding upon all persons receiving actual notice or constructive notice thereof. § 530.503 Certain transactions with respect to merchandise affected by § 530.201. (a) With respect to merchandise the importation of which is prohibited by § 530.201 all U.S. Customs transactions are authorized except the following: (1) Entry for consumption (including any appraisement entry, and entry of goods imported in the mails, regardless of value, and any other informal entries); (2) Entry for immediate exportation; (3) Entry for transportation and exportation; (4) Withdrawal from warehouse; (5) Transfer or withdrawal from a foreign-trade zone; or (6) Manipulation or manufacture in a warehouse or in a foreign-trade zone. (b) Paragraph (a) of this section is intended solely to allow certain restricted disposition of merchandise which is imported without proper authorization. Paragraph (a) of this section does not authorize the purchase or importation of any merchandise. § 530.504 [Reserved] § 530.505 Merchandise exported prior to May 29, 1968. (a) Specific licenses will be issued authorizing transactions involving merchandise subject to § 530.201(a) (1) and (2) when the Office of Foreign Assets Control is satisfied that the merchandise was exported from Southern Rhodesia prior to May 29, 1968. (b) Such licenses will not be issued if the merchandise is listed below, unless the Office of Foreign Assets Control is satisfied that such merchandise was exported from Southern Rhodesia prior to December 16, 1966. Merchandise affected by this subparagraph is: Schedule 5, Part 1, Subpart F, item 518.11. Schedule 6, Part 1, item 601.15. Schedule 6, Part 2, subpart B, items 607.30, 607.31 and 607.55. Schedule 6, Part 1, items 602.25 and 602.30. Schedule 6, Part 2, subpart C, and Part 3. Schedule 6, Part 1, items 601.24. Schedule 6, Part 2, subpart B, item 607.15, 607.18, 607.20 and 607.21. Schedule 1, Part 5, subpart A. Schedule 1, Part 2. Schedule 1, Part 10, subparts A and C. Schedule 1, Part 13. (a) Merchandise intended for medical purposes; (b) Educational equipment and material for use in schools and other educational institutions; (c) Publications and news material; and (d) Foodstuffs in special humanitarian circumstances. § 530.507 Pensions. Specific licenses will be issued authorizing remittances of pensions payable to persons in Southern Rhodesia. § 530.508 Remittances for medical, educational and humanitarian purposes. Specific licenses will be issued authorizing remittances to persons in Southern Rhodesia when the Office of Foreign Assets Control is satisfied that the proceeds will be used for medical, humanitarian, or educational purposes. § 530.509 Remittances for news material. (a) Remittances by news gathering agencies to persons in Southern Rhodesia in payment for news material and importations of such material are hereby authorized. (b) Specific licenses will be issued to other persons authorizing remittances to persons in Southern Rhodesia when the Office of Foreign Assets Control is satisfied the remittances are bona fide payments for news material. § 530.510 Publications and films of Southern Rhodesian origin. All transactions incidental to the importation into the United States of publications and documentary or news films of Southern Rhodesian origin are hereby authorized. [33 F.R. 14596, Sept. 28, 1968] (b) This section does not authorize any payment or transfer from a suspense account in a domestic bank to a suspense account held under any name or designation which differs from the name or designation of the suspense account from which the payment or transfer is made. [33 F.R. 14596, Sept. 28, 1968] § 530.513 Certain transactions with respect to patents, trademarks, and copyrights. (a) The following transactions are herewith authorized: (1) The filing and prosecution of any application for a Southern Rhodesian patent, trademark or copyright, or for the renewal thereof; (2) The receipt of any Southern Rhodesian patent, trademark or copyright; (3) The filing and prosecution of opposition or infringement proceedings with respect to any Southern Rhodesian patent, trademark, or copyright, and the prosecution of a defense to any such proceedings; (4) The payment of fees currently due, either directly or through an attorney or representative, in connection with any of the transactions authorized by subparagraphs (1), (2), and (3) of this paragraph or for the maintenance of any Southern Rhodesian patent, trademark or copyright; and (5) The payment of reasonable and customary fees currently due to attorneys or representatives in Southern Rhodesia incurred in connection with any of the transactions authorized by subparagraph (1), (2), (3) or (4) of this paragraph. (b) Payments effected pursuant to the terms of paragraph (a) (4) and (5) of this section may not be made from any suspense account. [33 F.R. 14596, Sept. 28, 1968] § 530.514 Checks, etc., dated prior to July 29, 1968. (a) Payment of any check, draft or acceptance issued by a person in Southern Rhodesia and drawn on a domestic bank is hereby authorized, provided that the individual item is in an amount of $500 or less and is dated prior to July 29, 1968. (b) Payment of any such check, draft or acceptance dated prior to July 29, 1968 which exceeds $500 is also authorized, provided the item was in the United States in the process of collection by a domestic bank prior to July 29, 1968. [33 F.R. 14596, Sept. 28, 1968] |