What do I do if I inherited money in Iran? What do I do if I inherited property in Iran?

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1 اطلاعات فارسی در ا خرين صفحه Although seemingly a difficult task, managing an inheritance in Iran can be done and done legally. With the right knowledge and a proactive approach you can successfully transfer your inheritance from Iran. What do I do if I inherited money in Iran? If it is only money you inherited, then you are permitted to bring that money to the United States and into a U.S. bank account. This is known as a non-commercial family remittance. The problem is that due to prohibitions in the Iranian Transactions Regulations wire transfers cannot occur directly from an Iranian bank to a U.S. bank. As such, the transaction must come from a non-iranian financial institution outside of the United States and into a U.S. bank account. Therefore, transfers through businesses and/or individuals (such as the use of Havaleh or Hawala) is prohibited. Keep in mind, however, that there is a great deal of risk involved when transferring money from Iran to the U.S. Thus, it is always wise to file a request for interpretive guidance with The U.S. Department of the Treasury Office of Foreign Assets Control (OFAC) to make sure the manner in which you transferring the funds is permitted. What do I do if I inherited property in Iran? Disposing of inherited property is more problematic than merely transferring inherited funds to the U.S. In order to dispose of the property you need a specific license from OFAC. In other words, it is illegal to sell your property in Iran, inherited or otherwise, without an OFAC license. Once you have obtained the specific license from OFAC you will be authorized to dispose of your property in Iran. Make sure that you do not sell that property to any blocked parties and that none of the parties involved in the transaction are on the OFAC SDN List. Can I hire a lawyer or agent in Iran to handle the sale of inherited property? No. Without a license from OFAC you are not only prohibited from selling the property, but also from hiring someone in Iran to dispose of the property for you. As such, you cannot hire a lawyer, real estate agent, or even an appraiser to carry out any transactions related to the sale of the property. If you do desire to retain such persons to assist you in the sale of property make sure to include them in the license application.

2 Remember the OFAC license application is not a form; it is a written letter to OFAC describing the transactions to be engaged in. Therefore, the more information you include the better, as the OFAC license will only cover the activities described in the license application. Can my family in Iran sell the property and then send me the money? This area is still somewhat unsettled. There is the question of whether allowing family in Iran to sell the property would led to the facilitation of otherwise prohibited activities. Facilitation occurs when a U.S. person carries out some act which allows for foreign persons to engage in a transaction which would have been prohibited had a U.S. person been involved. For example, this could occur if someone were to execute a power of attorney in regards to the sale of property in Iran. On the other hand, if the estate was probated completely in Iran with no involvement of the U.S. person, then the transfer of that money to the U.S. would be authorized as a non-commercial family remittance. What do I do if I inherited money in an account at a blocked (SDN) bank? If you inherited funds that are in an account at an SDN designated bank then you need to obtain a specific license from OFAC to close that bank account and transfer the money into another bank account prior to transferring the money to the U.S. A number of banks in Iran are on the OFAC SDN List. Some of the major designated banks include: Bank Mellat, Bank Sepah, Bank Saderat, and Bank Melli. U.S. persons cannot hold accounts at those banks. If you do have a bank account at one of those banks you must act immediately to apply for a specific license to have that bank account closed and the funds transferred out of it. Is the use of a Sarraafi permitted? The use of a sarraafi outside of the United States is not prohibited, however, there are major concerns if you use one. Saraafs mask the identity of the true remitter. As such, they draw red flags with U.S. banks and the U.S. government. While not per se illegal, using a sarraafi could lead to the blocking of the transfer, an OFAC investigation, and/or a criminal investigation. If using a sarraafi is your only choice, then make sure you file a request for interpretative guidance from OFAC and inform your U.S. bank of where the funds are coming from and why the funds transfer is legal.

3 Can I or someone else just bring over my inheritance money in cash? You could technically bring cash over to the United States without violating the Iranian Transactions Regulations. However, there may be other applicable U.S. law which would require you to report the amount of cash being brought over. This might draw the suspicion of U.S. authorities however, and you could find yourself as the target of an investigation as a result. No one else can bring the cash over for you. This would amount to the provision of services and would be prohibited by the Iranian Transactions Regulations. Although many people argue that there would be no way for the U.S. government to find out, there are currently ongoing criminal investigations against a number of Iranian Americans for this type of activity. What else should I know? The Iranian Transactions Regulations like all U.S. trade sanctions are very complex and broad. Although I have laid out general answers to common questions in this article every case is different and could be interpreted differently. As such, it really makes sense to have a lawyer who is experienced in dealing with OFAC and U.S. sanctions to assist you in drafting the license application and/or the request for interpretative guidance. This will not only protect your interests but will save you time and allow you to legally transfer your funds to the U.S. in the most efficient manner.

4 You generally do not need an OFAC license to transfer personal funds from Iran to the United States if it is for family members or yourself. Let s say you have a personal bank account in Iran in a non-sanctioned bank in Iran (e.g., Parsian, Saman, Karafarin, etc.) that you have had since before you moved to the U.S. and want to bring the money here to the U.S. for personal use, such as paying your children s tuition, or buying a family home, etc. Generally speaking, this does not need a license. Although as a U.S. person you certainly need a license to liquidate property and/or engage in transactions in Iran (for example, to sell a house, factory, plot of land, etc.) you generally do not need a license to transfer money sitting in the bank (unless it happens to be in a sanctioned bank like Bank Saderat or Melli) to yourself or your children, relatives, etc. for personal use. Note that the involvement of even a single entity on the Specially Designated Nationals (SDN) list (such as Bank Saderat, Bank Tejarat, Bank Sepah, etc.) in the transaction can cause your money to become blocked by the bank, and petitioning for the release of blocked funds is no easy task. Also you should still submit an affidavit to your bank in the U.S. before the wire comes in (more on that later). You can submit a license application to OFAC requesting a license to transfer the funds to the United States, but chances are that OFAC will respond by telling you that such transfer does not need a license provided you are in compliance with all applicable laws. In other words, OFAC will not issue a license, but ask that you make sure that the transfer is lawful for example, no SDNs are involved in the transfer, and the funds must constitute a non-commercial family remittance, etc. Note the above generally applies to situations in which a U.S. person is bringing his/her own funds to the U.S., or if a person in the U.S. is receiving family remittances from somebody in Iran. It does not cover every situation involving the transfer of funds, including but not limited to, for example, a non-u.s. person in Iran wants to invest or deposit money in the United States for safe keeping one should always seek written guidance from OFAC on issues like this. Make sure to file an affidavit with your U.S. bank when expecting a funds transfer into your U.S. account. In addition to making sure the money does not pass through SDNs and comes into the U.S. through a non-sanctioned, non-iranian, non-u.s. bank in a third country (such as the UAE or Turkey), you should also make sure the money enters the U.S. through the formal financial system (in other words, not through a personal havaleh) and that you file an affidavit with your bank in the U.S. before the wire comes in, letting the bank know that this transfer is legitimate. This generally takes the form of a written statement that you (as the beneficiary) will sign. It should be well-written, accurate, and thorough, covering all the regulatory aspects. The affidavit is of course a sworn statement, and it goes without saying that you should not lie! Do not forget, however, that if you need to deal (for example, sell a property) in Iran to bring the proceeds, you must apply for a specific license from OFAC as this requires

5 selling and retaining services from Iran, which are prohibited by the ITR absent authorization. This specific license must be issued before you begin doing anything in Iran involving hiring services (such as a real estate broker, lawyer, translator in Iran) or selling the property. According to one OFAC Licensing Officer I recently spoke with, the time window for approvals now is between days, so this is not something that can be rushed. If you want to sell your property in four months, you should probably apply for the license very soon. As OFAC itself notes, having an application pending does not excuse you from compliance. In other words, do not engage in the tasks you requested approval for until you have the license in hand. Bottom line: Much like most areas of regulatory law, the ITR and other regulations governing trade and transactions with Iran are exceptionally technical and nuanced. Therefore, one should take great care to be in compliance. Naturally, this requires obtaining the best advice possible. You should never guess or assume in this area of law and always seek the advice of an attorney who is experienced in this area of law if you ever have any questions. It goes without saying that U.S. sanctions laws are a very serious matter and should not be taken lightly.

6 New Sanctions Law On July 1, 2010, the United States passed a new law entitled The Comprehensive Iran Sanctions, Accountability, and Divestment Act, H.R also known as CISADA ( Sanctions ). This new law expands prior Sanctions directed at the government of Iran, and affects ordinary individuals and travelers. Impact on Ordinary Travelers Since these Sanctions went into effect on September 29, 2010, Pars has received feedback from members of the community that their belongings have been confiscated, they have been held for questioning by government officials upon arrival at U.S. airports and have had difficulty opening accounts with U.S. banks due to their Iranian national origin. In response to these reports, we are issuing this community alert to keep you informed so that you will be aware of the laws, know how to comply with them, and know how to seek support should you have any difficulties or questions. Enforcement of these Sanctions by U.S. government agents is discretionary and based upon a case-by-case review. You should note that your experience may differ based on the airport through which you enter the United States and the Customs and Border Protection ( CBP ) agent inspecting your entry. Please notify Pars Equality Center of your experience upon arrival in the United States at report@parsequalitycenter.org. Pars staff has been in communication with agents from the Office of Foreign Assets Control ( OFAC ), most recently on November 30, to clarify some questions you might have about the new Sanctions: How do the new Sanctions affect me? The new Sanctions law affects everyday travelers as well as businesses and companies. The flow of goods and money to and from Iran is now more restrictive. The law was created to influence the government and leadership of Iran. However, these Sanctions apply to anyone bringing or sending goods, money or services into Iran from the U.S. or into the U.S. from Iran - including anyone with connections to Iran, traveling to Iran, or sending or receiving gifts and money (valued over $100) from Iran. Everyone is expected to comply with the law, including: U.S. citizens, green card holders, and anyone traveling with a visa (e.g. Iranian students, tourists and asylum seekers). The

7 penalties for violating the new Sanctions law can be serious, including heavy fines or imprisonment. What steps can I take as precautionary measures to comply with the new Sanctions law? Familiarize yourself with what you can and cannot take into and bring back from Iran. When traveling from Iran to the United States you may carry: * Basic items for your personal use like clothing, toiletries and reading material; * Foodstuffs intended for personal consumption; * Medicine for your personal use; * Personal jewelry items for your own use; * Gifts that value $100 or less in total (note that gifts such as gold jewelry may be weighed and assigned a fair market value ); * Information and informational materials and personal communications, including communications; * You may review the most recent OFAC Guidance issued on December 2, 2010 for more information. When traveling from the United States to Iran: * Do not take items that may lead to questioning, such as electronic equipment that is not for your personal use; * Do not take gifts that value more than $100 in total; * Do not carry letters of credit and brokering services relating to foodstuffs and carpets; * Do not plan to conduct any business or property transactions while in Iran, unless you have already obtained a license from OFAC. Can I bring money into the United States from Iran? * You may still bring personal funds for personal use into the United States; * Bringing funds into the U.S. from Iran for business purposes is prohibited unless you have obtained a license from OFAC; * If you and your family (together) bring less than $10,000 with you from Iran, you do not have to declare it at customs; * If you bring $10,000 or more in total as a family, you must declare the exact amount you are bringing with you by filling out a Currency Reporting Form (for the FinCen 105 form, click here). If you do not declare the exact amount, the full amount of your money may be taken away and held by Customs;

8 * You may review the Customs and Border Protection site for more information on bringing funds here and review the Know Before You Go guidelines. Can I bring money from the sale or lease of inherited property from Iran? * You may bring any amount of money from the sale or lease of inherited property from Iran. * You must declare money from the sale or lease of inherited property in Iran at U.S. customs. * Customs and Border Protection and OFAC recommend that you keep in your records all documentation of such sale or lease, and that you have certified translations for documents originally in Farsi. Can I transfer personal funds from Iran to the United States? * You may transfer funds of a personal nature from Iran to the United States (e.g. inheritance, funds for medical care, personal savings). * In order to transfer funds from Iran to the United States, you should: 1) Make sure that the bank you are engaging with in Iran is not on OFAC s Specially Designated Nationals list, and 2) Have funds transferred through a third country bank, such as one in Dubai, and 3) Confirm with your domestic U.S. bank that it will accept a transfer of funds originating in Iran going through a third country bank. Can I donate to charities in Iran? * OFAC representatives recommend that no donations be made at this time to Iranian charities based in Iran. * Donations should only be made to charities with a license from OFAC. Note that OFAC generally only gives licenses to charities based in the United States. How do I respond to questions from U.S. authorities at the airport? * If English is your second language, always request an interpreter; * If you are taken into Secondary Questioning, ask that the airport officials notify anyone who is expecting your arrival; * If you are asked specific questions, answer only those regarding your travel, itinerary, immigration status, length of stay, purpose of your travel, and whether the money or goods you are traveling with are for your personal

9 use. If agents ask you questions that appear unrelated to your travel or your travel belongings, you have the right to request an attorney to represent you. If you are have any questions or difficulties related to enforcement of the new Iran Sanctions law, or if you have a matter that you would like to bring to our attention for representation, please contact Pars at: report@parsequalitycenter.org or For the most current and updated information related to your travel plans, you may contact OFAC s hotline at or Please contact Pars for assistance in contacting customs at your expected arrival airport, or you can contact customs at the following locations: *SFO: (650) *LAX: (310) *JFK: (718) OFAC is currently working to provide further interpretive guidance on the importation of Iranian-origin carpets and goods. We will continue to seek guidance from OFAC and CBP representatives and will update this information accordingly on our website:

10 سرويس جديد شرکت ساعی اخذ مجوز انتقال پول از ايران به ا مريکا طبق قوانين وزارت دارايی ا مريکا ايرانيانی که ساکن ا مريکا هستند ميتوانند پول خود را از کشور ايرا ن به ا مريکا منتقل کنند - چنانچه اين موجودی نقدی شما ) حاصله از پس انداز فروش يا ارث ( بوده و درحال حاضر در يک حساب بانکی در ايران واريز شده و بانک مذکور جزو ليست بانکهای تحريمی ا مريکا نباشد شما نيازی به گرفتن مجوز انتقال از وزارت دارايی ا مريکا نخواهيد داشت. شما ميتوانيد اين موجودی را مستقيم از طريق بانکهای را بط خارجی ) برای مثال در ترکيه و دوبی ( به اين کشور منتقل کنيد. در اينصورت قبل از ترانسفر پول به ا مريکا لازمست که يک اطلاعيه به بانک خود برده و ا نان را نسبت به واريز پولی که قرار است ترانسفر شود مطلع کنيد. چنانچه اين ا طلاعيه را به بانک خود نبريد امکان خيلی کمی هست که بانک پس از انتقال و واريز حساب شما را مسدود کند. بخصوص اگر نحوه ارسال اين مبلغ از طريق حواله ) از ا مريکا به ا مريکا) بوده باشد. ولی چنانچه حساب شما واقع دريکی از بانکهای مورد تحريم ا مريکا باشد شما نميتوانيد مستقيم يا غير مستقيم موجودی حسابتان را به ا مريکا انتقال بدهيد شما نياز به دريافت پروانه مخصوصی ا ز وزارت دارا يی ا مريکا داريد که اول حساب خود را در بانک مورد تحريم بسته و موجودی را به بانک ديگری در ايران انتقال داده و توسط ا ن بانک يا يک صرافی پولتان را به ا مريکا انتقال بدهيد. قبل از ماه اکتبر 2012 دولت ا مريکا برای فروش املاک نيز در ايران داشتن اين پروانه قانونی را لازم ميدانست ولی اين محدوديت را خزانه داری ا مريکا فعلا حذ ف نموده است. بنابراين با در دست داشتن اين اجازه نامه شما ميتوانيد بدون هيچ نگرانی هر مقدار که مايليد به اين کشور انتقال دهيد. مدت اعتبار اين اجازه نامه نا محدود ميباشد. حسابدار با تجربه شرکت ساعی به شما کمک ميکند که هيچ نوع مالياتی به دولت ا مريکا بابت اين ارسال ارز نپردازيد. مدارک مورد نياز : مشخصات گيرنده ) نام ا درس شماره تلفن شماره سوشيال سکيوريتی نام بانک در ا مريکا شماره حساب کپی گذرنامه ا مريکايی يا کارت سبز کپی گواهينامه رانندگی نام بانک در ايران شعبه و شماره حساب (. چقدر طول ميکشد که اين پروانه بدست شما برسد در عرض دو ماه ما اجازه ويژه ای برای شما ميگيريم که موجودی نقدی خود را فوری به ا مريکا منتقل کنيد SAEI CO. 940 Saratoga Ave. Suite 112 San Jose, CA هزينه شرکت ساعی 500 دلار - تلفن اداره ما (408 ( برای اطلاعات بيشتر لطفا وب سايت ما را ويزيت کنيد

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