[Code of Federal Regulations]
[Title 31, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 31CFR515.205]

[Page 581-582]
 
                  TITLE 31--MONEY AND FINANCE: TREASURY
 
 CHAPTER V--OFFICE OF FOREIGN ASSETS CONTROL, DEPARTMENT OF THE TREASURY
 
PART 515--CUBAN ASSETS CONTROL REGULATIONS--Table of Contents
 
                         Subpart B--Prohibitions
 
Sec. 515.205  Holding of certain types of blocked property in interest-bearing accounts.

    (a) Except as provided by paragraphs (d), (e) and (f) of this 
section, or as authorized by the Secretary of the Treasury or his 
delegate by specific license, any person holding any property included 
in paragraph (h) of this section is prohibited from holding, 
withholding, using, transferring, engaging in any transactions 
involving, or exercising any right, power, or privilege with respect to 
any such property, unless it is held in an interest-bearing account in a 
domestic bank.
    (b) Any person presently holding property subject to the provisions 
of paragraph (a) of this section which, as of the effective date of this 
section, is not being held in accordance with the provisions of that 
paragraph shall transfer such property to or hold such property or cause 
such property to be held in an interest-bearing account in any domestic 
bank within 30 days of the effective date of this section.
    (c) Any person holding any checks or drafts subject to the 
provisions of Sec. 515.201 is authorized and directed, wherever possible 
consistent with state law (except as otherwise specifically provided in 
paragraph (c)(3) of this section), to negotiate or present for 
collection or payment such instruments and credit the proceeds to 
interest-bearing accounts. Any transaction by any person incident to the 
negotiation, processing. presentment, collection or payment of such 
instruments and deposit of the proceeds into an interest-bearing account 
is hereby authorized: Provided that:
    (1) The transaction does not represent, directly or indirectly, a 
transfer of the interest of a designated national to any other country 
or person;
    (2) The proceeds are held in a blocked account indicating the 
designated national who is the payee or owner of the instrument; and,
    (3) In the case of a blocked check or draft which has been purchased 
by the maker/drawer from the drawee bank (e.g., cashier's check, money 
order, or traveler's check) or which is drawn against a presently 
existing account, such bank, on presentment of the instrument in 
accordance with the provisions of this section, shall either:
    (i) Pay the instrument (subject to paragraphs (c)(1) and (2) of this 
section) or
    (ii) Credit a blocked account on its books with the amount payable 
on the instrument.

In either event, the blocked account shall be identified as resulting 
from the proceeds of a blocked check or draft, and the identification 
shall include a reference to the names of both the maker and payee of 
the instrument.
    (d) Property subject to the provisions of paragraph (a) or (b) of 
this section, held by a person claiming a set-off against such property, 
is exempt from the provisions of paragraphs (a), (b) and (c) of this 
section to the extent of the set-off: Provided however, That interest 
shall be due from 30 days after the effective date of this section if it

[[Page 582]]

should ultimately be determined that the claim to a set-off is without 
merit.
    (e) Property subject to the provisions of paragraphs (a) and (b) of 
this section, held in a customer's account by a registered broker/dealer 
in securities, may continue to be held for the customer by the broker/
dealer provided interest is credited to the account on any balance not 
invested in securities in accordance with Sec. 515.513. The interest 
paid on such accounts by a broker/dealer who does not elect to hold such 
property for a customer's account in a domestic bank shall not be less 
than the maximum rate payable on the shortest time deposit available in 
any domestic bank in the jurisdiction in which the broker/dealer holds 
the account.
    (f) Property subject to the provisions of paragraphs (a) and (b) of 
this section, held by a state agency charged with the custody of 
abandoned or unclaimed property under Sec. 515.554 may continue to be 
held by the agency provided interest is credited to the blocked account 
in which the property is held by the agency, or the property is held by 
the agency in a blocked account in a domestic bank. The interest 
credited to such accounts by an agency which does not elect to hold such 
property in a domestic bank shall not be less than the maximum rate 
payable on the shortest time deposit available in any domestic bank in 
the state.
    (g) For purposes of this section, the term interest-bearing account 
means a blocked account earning interest at no less than the maximum 
rate payable on the shortest time deposit in the domestic bank where the 
account is held: Provided however, That such an account may include six-
month Treasury bills or insured certificates, with a maturity not 
exceeding six-months, appropriate to the amounts involved.
    (h) The following types of property are subject to paragraphs (a) 
and (b) of this section:
    (1) Any currency, bank deposit and bank accounts subject to the 
provisions of Sec. 515.201;
    (2) Any property subject to the provisions of Sec. 515.201 which 
consists, in whole or in part, of undisputed and either liquidated or 
matured debts, claims, obligations or other evidence of indebtedness, to 
the extent of any amount that is undisputed and liquidated or matured; 
and
    (3) Any proceeds resulting from the payment of an obligation under 
paragraph (c) of this section.
    (i) For purposes of this section, the term domestic bank includes 
any FSLIC-insured institution (as defined in 12 CFR 561.1).
    (j) For the purposes of this section the term person includes the 
United States Government or any agency or instrumentality thereof, 
except where the agency or instrumentality submits to the Office of 
Foreign Assets Control an opinion of its General Counsel that either:
    (1) It lacks statutory authority to comply with this section, or
    (2) The requirements of paragraphs (a) and (b) of this section are 
inconsistent with the statutory program under which it operates.

[44 FR 11770, Mar. 2, 1979]