aucun problème, comme c'est mon job, je ne m avance pas trop en disant que l eur c'est possible. je dois juste contacter le correspondant de la banque ou je bosse pour savoir.
pour les usd je viens à nouveau de contrôler, si par hasard les sanctions de l'OFAC avaient étés modifiées, mais malheureusement pas.
BURMA
An overview of the Burmese Sanctions Regulations
Title 31 Part 537 of the U.S. Code of Federal Regulations
You Need To Know About U.S. Sanctions Against Burma (
Myanmar)
INTRODUCTION - On May 20, 1997, in response to the
Burmese Government's large scale repression of, and violence
against, the Democratic opposition, President Clinton issued
Executive Order 13047 declaring a national emergency with
respect to these actions and policies of the Government of
Burma. The order, issued under the authority of section 570 (b)
of the Foreign Operations, Export Financing and Related Programs
Appropriations Act, 1997 (Public Law 104-208) and the
International Emergency Economic Powers Act (50 U.S.C. 1701-
1706) (IEEPA), prohibits new investment in Burma by U.S. persons
and U.S. persons' facilitation of new investment in Burma
by foreign persons.
On July 28, 2003, the Burmese Freedom and Democracy Act of
2003 (BFDA) was signed into law, to restrict the financial
resources of Burma's ruling military junta, the State Peace and
Development Council (SPDC). The BFDA requires the President
to ban the importation into the United
States of products of
Burma, beginning 30 days after the date of enactment of the
BFDA, as well as to consider blocking the assets of certain SPDC
members and taking steps to prevent further financial or technical
assistance to Burma until certain conditions are met.
To implement the BFDA and to take additional steps with respect
to the Government of Burma's continued repression of the
democratic opposition in Burma, the President issued Executive
Order 13310 (the Order) on July 28, 2003. The Order blocks all
property and interests in property of the persons listed in the
Annex to the Order and of certain persons determined, at a future
point, by the Secretary of the Treasury, in consultation with the
Secretary of State, to meet the criteria set forth in the Order. It also
bans the importation into the United
States of products of Burma
and the exportation or reexportation to Burma of financial
services from the United
States or by U.S. persons. Like the
previous executive order, it exempts from its blocking and
financial service prohibitions any transactions pursuant to pre-
May 21, 1997 agreements between a U.S. person and any entity
in Burma.
The Department of the Treasury's Burmese Sanctions Regulations,
31 C.F.R. Part 537 (the BSR), were issued initially to
implement Executive Order 13047. To implement Executive
Order 13310 and the BFDA, these regulations were extensively
amended and reissued in their entirety.
Criminal penalites for willful violations of the BSR, or of any
license, rule or regulation issued under it, include $50, 000 in
fines for a corporation or individual, or up to 10 years
imprisonment for an individual, or both. Fines for criminal
violations may be increased to $500, 000 for corporations and
$250, 000 for individual pursuant to 18 U.S.C 3571. Civil
penalties of up to $11, 000 per violation may be imposed
administratively.
BLOCKING OF PROPERTY - Executive Order 13310 blocks
property and property interests of persons listed in the Annex to
the order and of persons that are designated by the U.S. Treasury
Department as being a senior official of the Government of
Burma, of the State Peace and Development Council of Burma,
of the Union Solidarity and Development Association of Burma
or of any successor to the foregoing. The Executive Order also
gives the Treasury Department the authority to designate individuals
or entities that are owned or controlled by, or acting for
or on behalf of, any of those officials or groups. Generally, no U.S.
person can have any dealings with persons listed in, or designated
by the Treasury under, Executive Order 13310, and all
property in which any listed or designated person has an interest
is blocked if it is in the United
States or in the possession or control
of a U.S. person.
Three of the four entities listed in the annex to Executive Order
13310 are the banks in Burma that conduct international transactions.
Some dealings with these banks are authorized if the
transactions are necessary to conduct otherwise authorized
transactions. In no case, however, can a blocked account of one
of these financial institutions on the books of a U.S. bank be used
to transfer the funds. All authorized transactions must be
conducted through an account of one of these banks on the
books of a non-U.S. bank.
NO IMPORTATION OF PRODUCTS OF BURMA - Generally
speaking, Burmese origin goods may not be imported into the
United
States. There are a few limited exceptions, such as the
importation of household goods by a person who had lived in
Burma, certain diplomatic imports, and informational materials.
EXPORTATION OF GOODS AND NON-FINANCIAL SERVICES
TO BURMA - There is no prohibition on the exportation of goods
and services other than financial services to Burma. You do 2 -
need to be aware of how some of the other prohibitions may affect
these transactions, however. For example, in light of the prohibition
on the exportation of financial services to Burma, and the
blocking of the property of certain individuals and entities in
Burma, you can only be paid from an account maintained on the
books of a non-U.S. bank. You also need to be aware of the
prohibitions on new investment in Burma.
EXPORTATION OF FINANCIAL SERVICES TO BURMA -
Generally speaking, the exportation of financial services to
Burma is prohibited. The term exportation or reexportation of
financial services to Burma is defined broadly to mean (1) the
transfer of funds, directly or indirectly, from the United
States or
by a U.S. person, wherever located, to Burma, and (2) the
provision, directly or indirectly, to persons in Burma of insurance
services, investment or brokerage services, banking services,
money remittance services; loans, guarantees, letters of credit
or other extensions of credit; or the service of selling or redeeming
traveler's checks, money orders and stored value. This
defined term is unique to the Burma sanctions program.
There are limited exceptions to the ban on the exportation of
financial services. For example, payments can be made for
certain licensed or exempt transactions, such as diplomatic
payments and payments for goods exported to Burma. Under
no circumstances can payments be made from blocked accounts
on the books of a U.S. bank.
OPERATION OF ACCOUNTS FOR INDIVIDUALS IN BURMA
U.S. financial institutions can operate accounts for individuals in
Burma, provided that the individual is not a blocked party, the
account is used solely for personal transactions that are not
otherwise prohibited, and no transfers are made from the account
directly or indirectly to Burma or for the benefit of individuals
ordinarily resident in Burma unless authorized by section
537.517 of the BSR.
TRANSFER OF PERSONAL REMITTANCES TO/FROM
BURMA - Pursuant to section 537.517 of the BSR, U.S. banks,
U.S. registered broker-dealers and U.S. registered money transmitters
are authorized to send non-commercial, personal remittances
to or from Burma or for or on behalf of an individual
ordinarily resident in Burma, provided that the funds are not
being sent by, to or on behalf of a blocked party. Total remittances
may not exceed $300.00 per Burmese household in any consecutive
three-month period. These transfers may not involve
a blocked account on the books of a U.S. bank. Noncommercial,
personal remittances do not include charitable donations to or
for the benefit of an entity or funds transfers for use in supporting
or operating a business. U.S. persons, however, may make
charitable donations to nongovernmental organizations in Burma
that are authorized to operate pursuant to section 537.523 of the
BSR (see next item), provided that the donations are made
pursuant to section 537.523 and the terms of the authorization.
NGO ACTIVITY IN BURMA - OFAC issues licenses to
nongovernmental organizations to engage in humanitarian or
religious activities in Burma that would otherwise be prohibited.
Any NGO interested in obtaining such a license should refer to
section 537.523 of the BSR, or contact OFAC's Licensing Division
at 202/622-2480.
NEW INVESTMENT - The sanctions prohibit new investment
in Burma by U.S. persons on or after May 21, 1997, unless such
investment is pursuant to an agreement in place prior to May 21,
1997. A number of criteria are used to determine whether or not
a specific activity is "grandfathered." Factors taken into account
include the clarity of the scope of the agreement, the degree of
specificity with which the activity is described, and the extent to
which the terms of the agreement are legally enforceable.
New investment in Burma is defined as a contract with the
Government of Burma or a nongovernmental entity in Burma for
the development of resources (including natural, agricultural,
commercial, financial, industrial and human resources) located
in Burma. The prohibition includes purchasing a share of
ownership (an equity interest) in a project or entering into an
agreement that provides for a participation in royalties, earnings,
or profits from the economic development of resources located
in Burma. Executive Order 13047 and the BSR also prohibit a
U.S. company from entering into a contract that provides for the
general supervision and guarantee of another person's performance
of an agreement for the economic development of
resources located in Burma.
U.S. persons with pre-May 21, 1997 agreements for the economic
development of resources located in Burma should
contact the Department of the Treasury's Office of Foreign Assets
Control for a determination as to whether or not their project is
exempt from the sanctions.
FACILITATION - A U.S. person is prohibited from approving,
aiding or supporting a foreign person's investment in Burma, if
the foreign person's activity would constitute prohibited new
investment if engaged in by a U.S. person. Exception: Although
contracting to sell to a foreign person a U.S. person's equity or
income interest in a development project in Burma constitutes
facilitation of that foreign person's investment in Burma, such a
divestiture is authorized by general license. If the transaction is
valued at more than $10, 000, a report must be filed for statistical
purposes with the Office of Foreign Assets Control within ten
business days of the signing of such an
agreement.
Examples of prohibited facilitation of a foreign person's new
investment in Burma follow:
* The foreign subsidiary of a U.S. company wishes to bid on a
project to develop a coal mine in Burma. The U.S. parent cannot
approve, supervise, or otherwise be involved in the foreign
subsidiary's negotiations with regard to this project.
* A U.S. oil company holds a pre-May 21, 1997 contract to
develop a Burmese oil field. It wishes to sell its rights under the
contract to a foreign company. It is authorized to sell an interest
without prior authorization from OFAC, but if the agreement is
valued at more than $10, 000, the seller must file a report with
OFAC within ten days of the signing of the agreement.
INVESTMENT IN THIRD COUNTRY COMPANIES - U.S.
persons are prohibited from purchasing shares in a third-country
company if the company's profits are predominantly derived
from the company's economic development of resources located
in Burma. If a person holds shares in an entity that
subsequently engages exclusively or predominantly in the
economic development of resources in Burma, or subsequently
derives its income exclusively or predominantly from such
activity, the U.S. person is not required to relinquish its shares,
