Federal Register / Vol. 85, No. 188 / Monday, September 28, 2020 / Notices 60855 comment letters on the Proposed Rule Proposed Rule Change and to take that the Secretary of State has identified Change.4 action on the Proposed Rule Change. as a property that is owned or controlled On May 21, 2020, pursuant to Section Accordingly, pursuant to Section by the Cuban government, a prohibited 19(b)(2) of the Act,5 the Commission 19(b)(2)(B)(ii)(II) of the Act,12 the official of the Government of Cuba as designated a longer period within which Commission designates November 26, defined in § 515.337, a prohibited to approve, disapprove, or institute 2020, as the date by which the member of the Cuban Communist Party proceedings to determine whether to Commission should either approve or as defined in § 515.338, a close relative, approve or disapprove the Proposed disapprove the Proposed Rule Change as defined in § 515.339, of a prohibited Rule Change.6 On June 24, 2020, the SR–NSCC–2020–003. official of the Government of Cuba, or a Commission instituted proceedings For the Commission, by the Division of close relative of a prohibited member of pursuant to Section 19(b)(2)(B) of the Trading and Markets, pursuant to delegated the Cuban Communist Party when the 7 Act, to determine whether to approve authority.13 terms of the general or specific license or disapprove the Proposed Rule J. Matthew DeLesDernier, expressly exclude such a transaction. 8 Change. The Commission received Assistant Secretary. Such properties are identified on the additional comment letters on the State Department’s Cuba Prohibited [FR Doc. 2020–21270 Filed 9–25–20; 8:45 am] Proposed Rule Change.9 Accommodations List (CPA List), Section 19(b)(2) of the Act 10 provides BILLING CODE 8011–01–P published below and accessible on the that proceedings to determine whether State Department’s website. (https:// to approve or disapprove a proposed www.state.gov/cuba-sanctions/cuba- rule change must be concluded within DEPARTMENT OF STATE prohibited-accommodations). The State 180 days of the date of publication of [Public Notice 11217] Department will update the CPA List notice of filing of the proposed rule periodically via the Federal Register change. The time for conclusion of the The State Department’s Cuba and on its website. proceedings may be extended for up to Prohibited Accommodations List The publication of the CPA List 60 days if the Commission determines implements the policy in paragraph 2(a) AGENCY: Department of State. that a longer period is appropriate and of NSPM–5 to end economic practices publishes the reasons for such ACTION: Initial publication of list of that disproportionately benefit the determination.11 The 180th day after properties; notice. Cuban government or its military, publication of the Notice in the Federal SUMMARY: The Department of State is intelligence, or security agencies or Register is September 27, 2020. publishing the Cuba Prohibited personnel at the expense of the Cuban The Commission is extending the Accommodations List identifying people. Properties that are owned or period for Commission action on the properties subject to additional controlled by the Cuban government Proposed Rule Change. The Commission prohibitions with respect to certain compete with independent private finds that it is appropriate to designate lodging-related transactions under the sector lodging such as legitimately a longer period within which to take Cuban Assets Control Regulations private casas particulares. Government- action on the Proposed Rule Change so (CACR). owned or -controlled accommodations that the Commission has sufficient time are a principal source of revenue for the to consider the issues raised by the DATES: Effective on September 28, 2020. Cuban government, which uses that FOR FURTHER INFORMATION CONTACT: revenue to perpetuate its repressive Rule Change and the Advance Notice shall not take Emily Belson, Office of Economic hold on power. Cuban government effect until all regulatory actions required with Sanctions Policy and Implementation, insiders such as prohibited officials, respect to the proposal are completed. tel.: 202–647–6526; Robert Haas, Office 4 Letter from Christopher R. Doubek, CEO, Alpine prohibited members of the Cuban Securities Corporation (April 21, 2020); Letter from of the Coordinator for Cuban Affairs, Communist Party, and the close John Busacca, Founder, Securities Industry tel.: 202–453–8456, Department of State, relatives thereof personally benefit from Professional Association (April 23, 2020); Letter Washington, DC 20520. the ownership or control of ostensibly from Charles F. Lek, Lek Securities Corporation SUPPLEMENTARY INFORMATION (April 30, 2020); Letter from James C. Snow, : independent casas particulares. These President/CCO, Wilson-Davis & Co., Inc. (May 1, Background individuals’ insider status gives them 2020), all available at https://www.sec.gov/ access to private homes that they rent comments/sr-nscc-2020-003/srnscc2020003.htm. On June 16, 2017, the President out for personal benefit, at the expense 5 15 U.S.C. 78s(b)(2). signed National Security Presidential of the Cuban people and of casas 6 Securities Exchange Act Release No. 88885 (May Memorandum 5, ‘‘Strengthening the particulares run by ordinary Cubans. 15, 2020), 85 FR 31007 (May 21, 2020) (SR–NSCC– Policy of the United States Toward 2020–003). Electronic Availability 7 15 U.S.C. 78s(b)(2)(B). Cuba’’ (NSPM–5). As part of its 8 Securities Exchange Act Release No. 89145 implementation of NSPM–5, on This document and additional (June 24, 2020), 85 FR 39244 (June 30, 2020) (SR– September 28, 2020 the Department of information concerning the Cuba NSCC–2020–003). the Treasury’s Office of Foreign Assets Prohibited Accommodations List are 9 Letter from Daniel Zinn, General Counsel, and Control (OFAC) published a final rule in Cass Sanford, Associate General Counsel, OTC available from the State Department’s Markets Group Inc. (June 26, 2020); Letter from Kim the Federal Register [FR 2020–21084] Cuba sanctions website (https:// Unger, CEO/Executive Director, The Security amending the CACR, 31 CFR part 515. www.state.gov/cuba-sanctions/cuba- Traders Association of New York, Inc. (June 30, The regulatory amendment to the CACR, prohibited-accommodations). 2020); Letter from Daniel Zinn, General Counsel, among other things, adds new § 515.210, and Cass Sanford, Associate General Counsel, OTC Cuba Prohibited Accommodations List which generally prohibits persons Markets Group Inc. (July 21, 2020); Letter from as of September 28, 2020 James C. Snow, CCO, Wilson-Davis & Co., Inc. (July subject to U.S. jurisdiction from lodging, 29, 2020); Letter from Timothy J. Cuddihy, paying for lodging, or making any Below is the U.S. Department of Managing Director, DTCC Financial Risk reservation for or on behalf of a third State’s Cuba Prohibited Management (September 3, 2020) all available at https://www.sec.gov/comments/sr-nscc-2020-003/ party to lodge, at any property in Cuba Accommodations List, a list of srnscc2020003.htm. properties in Cuba owned or controlled 10 15 U.S.C. 78s(b)(2). 12 Id. by the Cuban government, a prohibited 11 15 U.S.C. 78s(b)(2)(B)(ii)(II). 13 17 CFR 200.30–3(a)(57). official of the Government of Cuba, as VerDate Sep<11>2014 18:25 Sep 25, 2020 Jkt 250001 PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 E:\FR\FM\28SEN1.SGM 28SEN1 60856 Federal Register / Vol. 85, No. 188 / Monday, September 28, 2020 / Notices defined in 31 CFR 515.337, a prohibited Candelaria, Soroa, Artemisa, Cuba Club Acuario, Calle 248 y 5ta Ave. member of the Cuban Communist Party, 22 700 Marina Hemingway, Playa, Habana, as defined in 31 CFR 515.338, a close Cuba 10 400 Havana relative, as defined in 31 CFR 515.339, Comodoro, 3rd Avenue and 84th Street, of a prohibited official of the Aparthotel Terrazas Atla´ntico, Ave. Las Habana, Cuba 21 016 Government of Cuba, or a close relative Terrazas e/10 y Rotonda, Santa El Viejo Y El Mar, Calle 248 y 5th Ave. of a prohibited member of the Cuban Marı´a del Mar, La Habana del Este, Marina Hemingway Santa Fe, Communist Party. For information Habana, Cuba 10 900 Habana, Cuba 10 400 regarding the restrictions on Be Live Havana City Copacabana, Ave. Gran Hotel Bristol Kempinski, Calle San transactions with these properties, 1ra. No. 4404 e/44 y 46, Miramar, Rafael (entre Monserrate y, please see 31 CFR 515.210. All Playa, Habana, Cuba 11 300. Agramonte, Habana, Cuba 10 100 properties were listed effective Bello Caribe, Calle 158 esq. a 31, Gran Hotel Manzana Kempinski, San September 28, 2020, unless otherwise Habana, Cuba 10 400 Rafael (entre Monserrate y, indicated. Blau Arenal Habana Beach, Laguna de Agramonte, Habana, Cuba 10 100 * Property is marketed as a ‘‘casa’’ but Boca Ciega, Santa Marı´a del Mar, H10 Habana Panorama, Avda 3 y Calle is owned or controlled by the Cuban Playas del Este, Habana, Cuba 10 70, Miramar, Habana, Cuba 10 400 government and is not an independent 900 Habana Riviera By Iberostar, Ave. Paseo ‘‘casa particular.’’ Casa 117 Mirador del Mar, Calle 12 E/ y Maleco´n, Vedado, Plaza de la ∧ Property is a ‘‘casa particular’’ but it 1ra y 3ra Santa Marı´a, Habana, Cuba Revolucio´n, Habana, Cuba 10 400 nonetheless meets the criteria for 10 400 * Hostal Valencia, Calle de los Oficios No. inclusion on the Cuba Prohibited Casa 140 Mirador del Mar, Calle 15 E/ 55 esq. a Obrapı´a, Old Havana, Accommodations List. 1RA Y 3RA Santa Marı´a, Habana Habana, Cuba 10 400 del Este, Habana, Cuba 10 400 * Hostel Vedado Azul, Calle 2, e/23 y 25, Pinar del Rı´o Casa 178 Boca Ciega, Avenida 5ta entre Vedado, Plaza de la Revolucio´n, Central Vin˜ ales, Salvador Cisnero Street 1ra y 2da, Habana, Cuba 10 400 * Habana, Cuba 10 400 Esq.