TITLE 31 - MONEY AND FINANCE: TREASURY

SUBTITLE B - REGULATIONS RELATING TO MONEY AND FINANCE

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

PART 537 - BURMESE SANCTIONS REGULATIONS

subpart b - PROHIBITIONS

537.205 - Prohibited facilitation.

  (a) Except as otherwise authorized, U.S. persons, wherever located, are prohibited from approving, financing, facilitating, or guaranteeing a transaction by a person who is a foreign person where the transaction would be prohibited if performed by a U.S. person or within the United States.

  (b) With respect to new investment in Burma, the prohibition against facilitation does not include the entry into, performance of, or financing of a contract to sell or purchase goods, services, or technology unless such contract includes any of the activities described in 537.311(a)(2), (3) or (4).

NOTE TO 537.205: This section's prohibitions include, but are not limited to, the approval, financing, facilitation, or guarantee of transactions prohibited by either section 570 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997 (Pub. L.

104208), or the Burmese Freedom and Democracy Act of 2003 (Pub. L. 10861).

The prohibitions of these two statutes may be waived by the President upon the making of certain determinations and notification to Congress.

Therefore, the Office of Foreign Assets Control will not issue licenses authorizing the approval, financing, facilitation, or guarantee of the transactions prohibited by these statutes in the absence of such waivers.