[Code of Federal Regulations]

[Title 31, Volume 3]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 31CFR540.202]



[Page 216-217]

 

                  TITLE 31--MONEY AND FINANCE: TREASURY

 

 CHAPTER V--OFFICE OF FOREIGN ASSETS CONTROL, DEPARTMENT OF THE TREASURY

 

PART 540_HIGHLY ENRICHED URANIUM (HEU) AGREEMENT ASSETS CONTROL 

REGULATIONS--Table of Contents

 

                         Subpart B_Prohibitions

 

Sec. 540.202  Effect of transfers violating the provisions of this part.



    (a) Any transfer after the effective date (see Sec. 540.302) that 

is in violation of any provision of this part or of any regulation, 

order, directive, ruling, instruction, or license issued pursuant to 

this part, and that involves any property or interest in property 

blocked pursuant to Sec. 540.201(a) is null and void and shall not be 

the basis for the assertion or recognition of any interest in or right, 

remedy, power, or privilege with respect to such property or property 

interests.

    (b) No transfer before the effective date shall be the basis for the 

assertion or recognition of any right, remedy, power, or privilege with 

respect to, or any interest in, any property or interest in property 

blocked pursuant to Sec. 540.201, unless the person with whom such 

property is held or maintained, prior to that date, had written notice 

of the transfer or by any written evidence had recognized such transfer.

    (c) Unless otherwise provided, an appropriate license or other 

authorization issued by or pursuant to the direction or authorization of 

the Director of the Office of Foreign Assets Control before, during, or 

after a transfer shall validate such transfer or render it enforceable 

to the same extent that it would be valid or enforceable but for the 

provisions of the International Emergency Economic Powers Act, this 

part, and any regulation, order, directive, ruling, instruction, or 

license issued pursuant to this part.

    (d) The Director of the Office of Foreign Assets Control may, in his 

discretion, retroactively license a transfer of property that is null 

and void or unenforceable by virtue of the provisions of this section so 

that such a transfer shall not be deemed to be null and void or 

unenforceable as to any person with



[[Page 217]]



whom such property was held or maintained (and as to such person only) 

in cases in which such person is able to establish to the satisfaction 

of the Director of the Office of Foreign Assets Control each of the 

following:

    (1) Such transfer did not represent a willful violation of the 

provisions of this part by the person with whom such property was held 

or maintained;

    (2) The person with whom such property was held or maintained did 

not have reasonable cause to know or suspect, in view of all the facts 

and circumstances known or available to such person, that such transfer 

required a license or authorization issued pursuant to this part and was 

not so licensed or authorized, or if a license or authorization did 

purport to cover the transfer, that such license or authorization had 

been obtained by misrepresentation of a third party or withholding of 

material facts or was otherwise fraudulently obtained; and

    (3) The person with whom such property was held or maintained filed 

with the Office of Foreign Assets Control a report setting forth in full 

the circumstances relating to such transfer promptly upon discovery 

that:

    (i) Such transfer was in violation of the provisions of this part or 

any regulation, ruling, instruction, license or other direction, or 

authorization issued pursuant to this part;

    (ii) Such transfer was not licensed or authorized by the Director of 

the Office of Foreign Assets Control; or

    (iii) If a license did purport to cover the transfer, such license 

had been obtained by misrepresentation of a third party or withholding 

of material facts or was otherwise fraudulently obtained.

    Note to paragraph (d) of Sec. 540.202:

    The filing of a report in accordance with the provisions of 

paragraph (d)(3) of this section shall not be deemed evidence that the 

terms of paragraphs (d)(1) and (d)(2) of this section have been 

satisfied.