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resulting in designation no longer apply.
Similarly, when a transaction results in the
blocking of funds at a financial institution
pursuant to this section and a party to the
transaction believes the funds to have been
blocked due to mistaken identity, that party
may seek to have such funds unblocked
pursuant to the administrative procedures set
forth in § 501.806 of this chapter.
(b) Unless otherwise authorized by
this part or by a specific license
expressly referring to this section, any
dealing in any security (or evidence
thereof) held within the possession or
control of a U.S. person and either
registered or inscribed in the name of or
known to be held for the benefit of any
person whose property or interests in
property are blocked pursuant to
paragraph (a) of this section is
prohibited. This prohibition includes
but is not limited to the transfer
(including the transfer on the books of
any issuer or agent thereof), disposition,
transportation, importation, exportation,
or withdrawal of any such security or
the endorsement or guaranty of
signatures on any such security. This
prohibition applies irrespective of the
fact that at any time (whether prior to,
on, or subsequent to the effective date)
the registered or inscribed owner of any
such security may have or might appear
to have assigned, transferred, or
otherwise disposed of the security.
§ 541.202 Effect of transfers violating the
provisions of this part.
(a) Any transfer after the effective date
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
§ 541.201(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
§ 541.201(a), 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 make it
enforceable to the same extent that it
would be valid or enforceable but for
the provisions of the International
Emergency Economic Powers Act (50
U.S.C. 1701 et seq.), this part, and any
regulation, order, directive, ruling,
instruction, or license issued pursuant
to this part.
(d) Transfers of property that
otherwise would be null and void or
unenforceable by virtue of the
provisions of this section shall not be
deemed to be null and void or
unenforceable as to any person with
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,
　
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