Cuban Assets Control Regulations, 60068-60072 [2020-21084]
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60068
Federal Register / Vol. 85, No. 186 / Thursday, September 24, 2020 / Rules and Regulations
(b) Except as otherwise provided in
paragraph (c) of this section, TVA may
seek significance determinations from
OIRA for guidance documents, as
appropriate, in the same manner as for
rulemakings. Prior to publishing these
guidance documents, and with
sufficient time to allow OIRA to review
the document in the event that a
significance determination is made,
TVA will generally provide OIRA with
an opportunity to review the
designation request or the guidance
document, if requested, to determine if
it meets the definition of ‘‘significant’’
or ‘‘economically significant’’ under
Executive Order 13891.
(c) Guidance documents that do not
otherwise present novel issues,
significant risks, interagency
considerations, unusual circumstances,
or other unique issues that could
reasonably be considered as significant
or economically significant, within the
meanings of Executive Order 13891,
will not typically require a designation
by OIRA.
§ 1301.76 Notice-and-comment
procedures.
(a) Except as provided in paragraph
(b) of this section, all proposed TVA
guidance documents determined to be a
‘‘significant guidance document’’ shall
be subject to the following informal
notice-and-comment procedures. TVA
shall publish a document in the Federal
Register announcing that a draft of the
proposed significant guidance
document is publicly available, shall
post the draft significant guidance
document on the TVA guidance portal
site, shall invite public comment on the
draft document for at least 30 days, and
shall prepare and post a public response
to significant concerns raised in the
comments, as appropriate, on the TVA
guidance portal site, either before or
when the guidance document is
finalized and issued.
(b) The requirements of paragraph (a)
of this section will not apply to any
significant guidance document or
categories of significant guidance
documents for which OGC finds, in
consultation with OIRA, and the vice
president of the proposing TVA BU,
good cause that notice and public
procedure thereon are impracticable,
unnecessary, or contrary to the public
interest (and incorporates the finding of
good cause and a brief statement of
reasons therefor in the guidance issued).
(c) Where appropriate, OGC and the
vice president of the proposing TVA BU
may recommend to the TVA Chief
Executive Officer (CEO) that a particular
guidance document that is otherwise of
importance to TVA’s interests shall also
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be subject to the informal notice-andcomment procedures described in
paragraph (a) of this section.
§ 1301.77
Petitions.
Any person may petition the TVA
Board of Directors to withdraw or
modify a particular guidance document
by submitting a written petition,
addressed to the TVA Board of
Directors, to OGC. TVA will endeavor to
respond to all requests in a timely
manner, and no later than 90 days after
receipt of the request.
§ 1301.78
Rescinded guidance.
No TVA BU may cite, use, or rely on
guidance documents that are rescinded,
except to establish historical facts.
§ 1301.79 Emergency situations, exigent
circumstances, and legal requirement.
In emergency situations or exigent
circumstances, or when TVA is required
by statutory deadline or court order to
act more quickly than normal review
procedures allow, TVA shall notify
OIRA of the circumstances that
foreclose compliance with these
procedures, and shall comply with the
requirements of this subpart, to the
extent practicable, at the earliest
opportunity after the exigent
circumstances have ceased. Wherever
practicable, TVA should schedule its
guidance document review proceedings
to permit sufficient time to comply with
the procedures set forth in this subpart,
given the nature and extent of the
exigent circumstances.
§ 1301.80
rights.
No judicial review or enforceable
The regulations in this subpart are
intended to improve TVA’s issuance of
guidance documents and processes and
procedures that govern TVA’s guidance
documents. As such, this subpart is for
the use of TVA personnel and
contractors only, and is not intended to,
and Does not, create any right or benefit,
substantive or procedural, enforceable at
law or in equity by any party against the
United States, TVA, its agencies, agents,
contractors, or other entities, officers,
employees, or any other person.
[FR Doc. 2020–19546 Filed 9–23–20; 8:45 am]
BILLING CODE 8120–08–P
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Part 515
Cuban Assets Control Regulations
Office of Foreign Assets
Control, Treasury.
AGENCY:
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ACTION:
Final rule.
The Department of the
Treasury’s Office of Foreign Assets
Control (OFAC) is amending the Cuban
Assets Control Regulations to further
implement portions of the President’s
foreign policy toward Cuba to deny the
Cuban regime sources of revenue.
Specifically, this rule: Adds a new
prohibition for persons subject to U.S.
jurisdiction regarding lodging and
related transactions at certain properties
in Cuba identified on a new list
maintained by the State Department,
and amends an interpretive provision
and several general licenses to
incorporate this new prohibition;
amends four general licenses to restrict
the importation into the United States of
Cuban-origin alcohol and tobacco
products; amends a general license to
remove the authorization for persons
subject to U.S. jurisdiction to attend or
organize professional meetings or
conferences in Cuba; and removes a
general license that authorizes persons
subject to U.S. jurisdiction to participate
in or organize certain public
performances, clinics, workshops, other
athletic or non-athletic competitions,
and exhibitions, and replaces it with a
specific licensing policy. OFAC is also
making a number of technical and
conforming changes.
DATES: This rule is effective September
24, 2020.
FOR FURTHER INFORMATION CONTACT:
OFAC: Assistant Director for Licensing,
202–622–2480, Assistant Director for
Regulatory Affairs, 202–622–4855, or
Assistant Director for Sanctions
Compliance & Evaluation, 202–622–
2490.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Electronic Availability
This document and additional
information concerning OFAC are
available on OFAC’s website
(www.treasury.gov/ofac).
Background
The Department of the Treasury
issued the Cuban Assets Control
Regulations, 31 CFR part 515 (the
‘‘Regulations’’), on July 8, 1963, under
various authorities, including the
Trading With the Enemy Act (50 U.S.C.
4301–41). OFAC has amended the
Regulations on numerous occasions,
including to implement National
Security Presidential Memorandum–5,
‘‘Strengthening the Policy of the United
States Toward Cuba,’’ signed by the
President on June 16, 2017, and the
President’s foreign policy toward Cuba.
Today, OFAC, in consultation with
the State Department, is taking
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additional action to implement the
Administration’s foreign policy toward
Cuba, as set forth in more detail below.
Restrictions on Lodging, Paying for
Lodging, or Making Reservations for
Lodging, at Certain Properties in Cuba
OFAC is incorporating a new
prohibition at § 515.210 of the
Regulations to prohibit any person
subject to U.S. jurisdiction from lodging,
paying for lodging, or making any
reservation for or on behalf of a third
party to lodge, at any property in Cuba
that the Secretary of State has identified
as a property that is owned or controlled
by the Cuban government, a prohibited
official of the Government of Cuba, as
defined in § 515.337, a prohibited
member of the Cuban Communist Party,
as defined in § 515.338, a close relative,
as defined in § 515.339, of a prohibited
official of the Government of Cuba, or a
close relative of a prohibited member of
the Cuban Communist Party. Concurrent
with this regulatory amendment, the
State Department is creating a new list,
the Cuba Prohibited Accommodations
List (CPA List), to publish the names,
addresses, or other identifying details,
as relevant, of properties identified as
meeting such criteria, as well as the
basis for the listing. The CPA List will
be maintained by the State Department
and published in the Federal Register.
It will also be accessible through the
following page on the State
Department’s website: www.state.gov/
cuba-sanctions/cuba-prohibitedaccommodations.
OFAC is making conforming edits to
§ 515.421, which provides interpretive
guidance with respect to transactions
ordinarily incident to a licensed
transaction, to incorporate the new
prohibition in § 515.210. This
interpretive provision provides that any
transaction ordinarily incident to a
licensed transaction and necessary to
give effect thereto is also authorized
except in certain scenarios. OFAC is
adding a provision at § 515.421(a)(6) to
exclude from the scope of the
interpretative provision lodging, paying
for lodging, or making any reservation
for or on behalf of a third party to lodge,
at any property on the CPA List to the
extent prohibited by § 515.210, where
the terms of the applicable general or
specific license expressly exclude such
transactions.
OFAC is also amending several
general licenses in Subpart E of the
Regulations to exclude from the scope of
such authorizations the lodging, paying
for lodging, or making any reservation
for or on behalf of a third party to lodge,
at any property on the CPA List to the
extent prohibited by § 515.210. More
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specifically, OFAC is amending the
following sections to incorporate the
exclusion related to § 515.210: (i) In
§ 515.533, which relates to exportations
from the United States to Cuba,
reexportations to Cuba, and the
importation and servicing or repair of
certain items previously exported or
reexported to Cuba; (ii) in § 515.545,
which relates to transactions involving
information and informational
materials; (iii) in § 515.559, which
relates to certain export and import
transactions by U.S.-owned or
-controlled foreign firms; (iv) in
§ 515.560, which relates to travel-related
transactions to, from, and within Cuba
by persons subject to U.S. jurisdiction;
(v) in § 515.561, which relates to family
visits; (vi) in § 515.563, which relates to
journalistic activity in Cuba; (vii) in
§ 515.564, which relates to professional
research and professional meetings in
Cuba; (viii) in § 515.565, which relates
to educational activities; (ix) in
§ 515.566, which relates to religious
activities in Cuba; (x) in § 515.567,
which relates to certain public
performances, clinics, workshops,
competitions, and exhibitions in Cuba;
(xi) in § 515.572, which relates to the
provision of travel, carrier, and other
transportation-related, and remittance
forwarding services; (xii) in § 515.574,
which relates to support for the Cuban
people; (xiii) in § 515.575, which relates
to humanitarian projects in Cuba; and
(xiv) in § 515.576, which relates to
activities of private foundations or
research or educational institutes. In
addition, OFAC is making technical and
conforming changes related to these
amendments in a number of the above
sections.
authorizes the importation into the
United States of accompanied baggage
for personal use by or on behalf of a
Cuban national who is present in the
United States; and (iv) § 515.585(d),
which authorizes the importation into
the United States as accompanied
baggage certain Cuban-origin goods that
are purchased or acquired in a third
country for personal use. OFAC is also
making technical and conforming
changes to § 515.571(a).
Restrictions on Importation Into the
United States of Cuban-Origin Alcohol
and Tobacco Products
OFAC is amending four provisions of
the Regulations to restrict the
importation into the United States of
Cuban-origin alcohol and tobacco
products. More specifically, OFAC is
amending the following authorizations
to exclude the importation into the
United States of Cuban-origin alcohol
and tobacco products: (i) § 515.560(c)(3),
which authorizes the purchase or other
acquisition in Cuba and importation as
accompanied baggage into the United
States of Cuban-origin merchandise for
personal use; (ii) § 515.569, which
authorizes the importation of
merchandise by any person arriving in
the United States other than a citizen or
resident of the United States, provided
the importation is not in commercial
quantities and are not imported for
resale; (iii) § 515.571(a)(1), which
Public Performances, Clinics,
Workshops, Athletic and Other
Competitions, and Exhibitions
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Professional Research and Professional
Meetings in Cuba
OFAC is eliminating the authorization
in § 515.564(a)(2) of the Regulations
related to attendance at, or organization
of, professional meetings or conferences
in Cuba. Persons subject to U.S.
jurisdiction are no longer authorized via
general license to attend or organize
professional meetings or conferences in
Cuba pursuant to this section. OFAC is
also amending § 515.564 to clarify that
specific licenses may be issued on a
case-by-case basis authorizing the
travel-related transactions in
§ 515.560(c) and other transactions that
are related to (i) professional research in
Cuba that does not qualify for the
general license under § 515.564(a) or (ii)
professional meetings or conferences in
Cuba that are not authorized under
other travel-related authorizations and
that relate to activities otherwise
authorized pursuant to the Regulations.
Finally, to reflect this change, OFAC is
making technical and conforming edits
in this section, as well as conforming
edits in §§ 515.534, 515.542, 515.547,
515.560, 515.572, 515.577, and 515.591.
OFAC is removing the authorization
in § 515.567(b) of the Regulations
related to public performances, clinics,
workshops, other athletic or nonathletic competitions, and exhibitions;
however, OFAC may issue specific
licenses, on a case-by-case basis, for
transactions that are directly incident to
participation in, or organization of, a
public performance, clinic, workshop,
athletic competition not covered by
§ 515.567(a), non-athletic competition,
or exhibition in Cuba, subject to certain
conditions. Upon this rule taking effect,
the only athletic-related travel
transactions authorized via general
license in § 515.567 will be in
connection with athletic competitions
that qualify for the authorization in
§ 515.567(a).
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Other Technical and Conforming
Changes
PART 515—CUBAN ASSETS
CONTROL REGULATIONS
Finally, OFAC is making a number of
other technical and conforming changes
as follows: (i) In § 515.101, OFAC is
updating an outdated citation to the
Trading With the Enemy Act; (ii) in
§§ 515.209 and 515.582, OFAC is
updating links to certain pages on the
State Department’s website that are out
of date; (iii) in § 515.560, OFAC is
removing the second occurrence of
paragraph (e), which was previously
included in error; and (iv) in § 515.570,
OFAC is adjusting two cross-references
to § 515.565 that previously referred to
the wrong paragraphs of that section.
■
Paperwork Reduction Act
The collections of information related
to the Regulations are contained in 31
CFR part 501 (the ‘‘Reporting,
Procedures and Penalties Regulations’’)
and § 515.572 of this part. Pursuant to
the Paperwork Reduction Act of 1995
(44 U.S.C. 3507), those collections of
information are covered by the Office of
Management and Budget under control
numbers 1505–0164, 1505–0167, and
1505–0168. An agency may not conduct
or sponsor, and a person is not required
to respond to, a collection of
information unless the collection of
information displays a valid control
number.
List of Subjects in 31 CFR Part 515
Administrative practice and
procedure, Alcohol, Athletics, Banks,
Banking, Blocking of assets,
Conferences, Cuba, Export, Financial
transactions, Import, Remittances,
Reporting and recordkeeping
requirements, Tobacco, Travel
restrictions.
For the reasons set forth in the
preamble, the Department of the
Treasury’s Office of Foreign Assets
Control amends 31 CFR part 515 as
follows:
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Authority: 22 U.S.C. 2370(a), 6001–6010,
7201–7211; 31 U.S.C. 321(b); 50 U.S.C. 4301–
4341; Pub. L. 101–410, 104 Stat. 890 (28
U.S.C. 2461 note); 22 U.S.C. 6021–6091; Pub.
L. 105–277, 112 Stat. 2681; Pub. L. 111–8,
123 Stat. 524; Pub. L. 111–117, 123 Stat.
3034; E.O. 9989, 13 FR 4891, 3 CFR, 1943–
1948 Comp., p. 748; Proc. 3447, 27 FR 1085,
3 CFR, 1959–1963 Comp., p. 157; E.O. 12854,
58 FR 36587, 3 CFR, 1993 Comp., p. 614.
Subpart A—Relation of This Part to
Other Laws and Regulations
[Amended]
2. In § 515.101 paragraph (b), remove
‘‘50 U.S.C. App. 5(b), as amended’’ and
add in its place ‘‘50 U.S.C. 4301–4341’’.
■
Because the amendment of the
Regulations involves a foreign affairs
function, the provisions of Executive
Order 12866 and the Administrative
Procedure Act (5 U.S.C. 553) requiring
notice of proposed rulemaking,
opportunity for public participation,
and delay in effective date, as well as
the provisions of Executive Order
13771, are inapplicable. Because no
notice of proposed rulemaking is
required for this rule, the Regulatory
Flexibility Act (5 U.S.C. 601–12) does
not apply.
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1. The authority citation for part 515
is revised to read as follows:
§ 515.101
Public Participation
Department’s website: www.state.gov/cubasanctions/cuba-prohibited-accommodations.
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Subpart B—Prohibitions
§ 515.209
[Amended]
3. In § 515.209, in the note to
paragraph (a), remove ‘‘website: https://
www.state.gov/e/eb/tfs/spi/cuba/
cubarestrictedlist/index.htm’’ and add
in its place ‘‘website: https://
www.state.gov/cuba-sanctions/cubarestricted-list/’’.
■ 4. Add § 515.210 to read as follows:
■
§ 515.210 Restrictions on lodging, paying
for lodging, or making reservations at
certain properties in Cuba.
(a) Except as otherwise authorized
pursuant to this part, no person subject
to U.S. jurisdiction may lodge, pay for
lodging, or otherwise make any
reservation for or on behalf of a third
party to lodge, at any property in Cuba
that the Secretary of State has identified
as a property that is owned or controlled
by the Cuban government, a prohibited
official of the Government of Cuba, as
defined in § 515.337, a prohibited
member of the Cuban Communist Party,
as defined in § 515.338, a close relative,
as defined in § 515.339, of a prohibited
official of the Government of Cuba, or a
close relative of a prohibited member of
the Cuban Communist Party. Such
properties are identified on the State
Department’s Cuba Prohibited
Accommodations List (CPA List). This
prohibition does not apply to certain
transactions set forth in paragraph (b) of
this section.
Note 1 to paragraph (a): The names,
addresses, or other identifying details, as
relevant, of properties that the Secretary of
State has identified as meeting the criteria set
forth in this section are incorporated in the
CPA List as published in the Federal
Register. The CPA List is also accessible
through the following page on the State
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(b) The prohibition in paragraph (a) of
this section does not apply to lodgingrelated transactions initiated prior to the
date that the property was added to the
CPA List as published in the Federal
Register.
Subpart D—Interpretations
5. Amend § 515.421 as follows:
a. In paragraph (a)(4), remove ‘‘or’’ at
the end of the paragraph.
■ b. In paragraph (a)(5), remove the
period at the end of the paragraph and
add in its place ‘‘; or’’.
■ c. Add paragraph (a)(6).
The addition reads as follows:
■
■
§ 515.421 Transactions ordinarily incident
to a licensed transaction.
(a) * * *
(6) Lodging, paying for lodging, or
making any reservation for or on behalf
of a third party to lodge, at any property
on the Cuba Prohibited
Accommodations List to the extent
prohibited by § 515.210, where the
terms of the applicable general or
specific license expressly exclude such
a transaction.
*
*
*
*
*
Subpart E—Licenses, Authorizations,
and Statements of Licensing Policy
6. Amend § 515.533 as follows:
a. Redesignate paragraph (d) as
paragraph (e).
■ b. Add new paragraph (d).
The addition reads as follows:
■
■
§ 515.533 Exportations from the United
States to Cuba; reexportations to Cuba;
importation and servicing or repair of
certain items previously exported or
reexported to Cuba.
*
*
*
*
*
(d) Certain travel-related transactions
restricted. Nothing in paragraph (c) of
this section authorizes the lodging,
paying for lodging, or making any
reservation for or on behalf of a third
party to lodge, at any property on the
Cuba Prohibited Accommodations List
to the extent prohibited by § 515.210.
*
*
*
*
*
§ 515.534
[Amended]
7. In Note to § 515.534, remove ‘‘, and
§ 515.564(a)(2) for a general license
authorizing travel-related and other
transactions incident to attending or
organizing professional meetings in
Cuba, which include professional
meetings relating to the negotiation of
contingent contracts authorized by this
section’’.
■
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§ 515.542
[Amended]
States of Cuban-origin alcohol or
tobacco products. * * *
*
*
*
*
*
8. In note 1 to § 515.542, remove the
last sentence.
■ 9. Amend § 515.545 as follows:
■ a. Redesignate paragraph (d) as
paragraph (e).
■ b. Add new paragraph (d).
The addition reads as follows:
■
§ 515.561
§ 515.545 Transactions related to
information and informational materials.
*
*
*
*
*
(d) Certain travel-related transactions
restricted. Nothing in paragraph (b) of
this section authorizes the lodging,
paying for lodging, or making any
reservation for or on behalf of a third
party to lodge, at any property on the
Cuba Prohibited Accommodations List
to the extent prohibited by § 515.210.
*
*
*
*
*
§ 515.547
[Amended]
10. In note 2 to paragraph (a), in the
second sentence, remove ‘‘and
professional meetings’’.
■ 11. Amend § 515.559 as follows:
■ a. Redesignate paragraph (e) as
paragraph (f).
■ b. Add new paragraph (e).
The addition reads as follows:
■
§ 515.559 Certain export and import
transactions by U.S.-owned or -controlled
foreign firms.
*
*
*
*
*
(e) Certain travel-related transactions
restricted. Nothing in paragraph (d) of
this section authorizes the lodging,
paying for lodging, or making any
reservation for or on behalf of a third
party to lodge, at any property on the
Cuba Prohibited Accommodations List
to the extent prohibited by § 515.210.
*
*
*
*
*
■ 12. Amend § 515.560 as follows:
■ a. In paragraph (c)(3), add a new
second sentence.
■ b. In paragraph (d), add ‘‘, and nothing
in paragraph (c)(2) of this section
authorizes the lodging, paying for
lodging, or otherwise making any
reservation for or on behalf of a third
party to lodge, at any property on the
Cuba Prohibited Accommodations List
to the extent prohibited by § 515.210, in
each case’’ after ‘‘§ 515.209’’.
■ c. Remove the reserved paragraph (e).
The addition reads as follows:
§ 515.560 Travel-related transactions to,
from, and within Cuba and by persons
subject to U.S. jurisdiction.
*
*
*
*
*
(c) * * *
(3) * * * This paragraph does not
apply to the importation into the United
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[Amended]
13. Amend § 515.561, in paragraph (a)
by adding ‘‘, or the lodging, paying for
lodging, or making any reservation for
or on behalf of a third party to lodge, at
any property on the Cuba Prohibited
Accommodations List to the extent
prohibited by § 515.210’’ after
‘‘§ 515.209’’.
■ 14. Amend § 515.563 as follows:
■ a. Redesignate paragraph (c) as
paragraph (d).
■ b. Add new paragraph (c).
The addition reads as follows:
■
§ 515.563
Journalistic activities in Cuba.
*
*
*
*
*
(c) Certain travel-related transactions
restricted. Nothing in paragraph (a) of
this section authorizes the lodging,
paying for lodging, or making any
reservation for or on behalf of a third
party to lodge, at any property on the
Cuba Prohibited Accommodations List
to the extent prohibited by § 515.210.
*
*
*
*
*
■ 15. Amend § 515.564 as follows:
■ a. Revise paragraph (a).
■ b. Redesignate paragraph (d) as
paragraph (e).
■ c. Add new paragraph (d).
■ d. Revise newly redesignated
paragraph (e).
The revisions and addition read as
follows:
§ 515.564 Professional research and
professional meetings in Cuba.
(a) General license for professional
research. The travel-related transactions
set forth in § 515.560(c) and such
additional transactions as are directly
incident to professional research are
authorized, provided that:
(1) The purpose of the research
directly relates to the traveler’s
profession, professional background, or
area of expertise, including area of
graduate-level full-time study; and
(2) The traveler’s schedule of
activities does not include free time or
recreation in excess of that consistent
with a full-time schedule of professional
research.
Example to § 515.564(a): The making
of a documentary film in Cuba would
qualify for the general license in this
section if it is a vehicle for presentation
of the research conducted pursuant to
this section.
Note 1 to paragraph (a): A person does not
qualify as engaging in professional research
merely because that person is a professional
who plans to travel to Cuba.
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Note 2 to paragraph (a): Each person
relying on the general authorization in this
paragraph must retain specific records
related to the authorized travel transactions.
See §§ 501.601 and 501.602 of this chapter
for applicable recordkeeping and reporting
requirements.
*
*
*
*
*
(d) Certain travel-related transactions
restricted. Nothing in paragraph (a) of
this section authorizes the lodging,
paying for lodging, or making any
reservation for or on behalf of a third
party to lodge, at any property on the
Cuba Prohibited Accommodations List
to the extent prohibited by § 515.210.
(e) Specific licenses. Specific licenses
may be issued on a case-by-case basis
authorizing the travel-related
transactions set forth in § 515.560(c) and
such other transactions as are related to
either: professional research in Cuba
that does not qualify for the general
license under paragraph (a) of this
section, or professional meetings or
conferences in Cuba that are not
otherwise authorized pursuant to other
travel-related authorizations and relate
to activities otherwise authorized
pursuant to this part.
■ 16. Amend § 515.565 as follows:
■ a. Redesignate paragraphs (f) and (g)
as paragraphs (g) and (h).
■ b. Add new paragraph (f).
The addition reads as follows:
§ 515.565
Educational activities.
*
*
*
*
*
(f) Certain travel-related transactions
restricted. Nothing in paragraph (a), (b),
(d), or (e) of this section authorizes the
lodging, paying for lodging, or making
any reservation for or on behalf of a
third party to lodge, at any property on
the Cuba Prohibited Accommodations
List to the extent prohibited by
§ 515.210.
*
*
*
*
*
§ 515.566
[Amended]
17. Amend § 515.566, in paragraph (a)
introductory text by adding ‘‘, or the
lodging, paying for lodging, or making
any reservation for or on behalf of a
third party to lodge, at any property on
the Cuba Prohibited Accommodations
List to the extent prohibited by
§ 515.210’’ after ‘‘§ 515.209’’.
■ 18. Amend § 515.567 as follows:
■ a. Add notes 1 and 2 to paragraph (a).
■ b. Revise paragraph (b).
■ b. Remove examples 1 and 2 to
§ 515.567(a) and (b).
■ c. Remove notes 1 and 2 to
§ 515.567(a) and (b).
■ d. In paragraph (c), remove ‘‘or (b)’’.
■ e. In paragraph (d), remove ‘‘or (b)’’.
■ f. Revise paragraph (e).
■
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The addition reads as follows:
The additions and revisions read as
follows:
§ 515.567 Public performances, clinics,
workshops, athletic and other competitions,
and exhibitions.
(a) * * *
Note 1 to paragraph (a): Each person
relying on the general license described in
paragraph (a) must retain specific records
related to the authorized travel transactions.
See §§ 501.601 and 501.602 of this chapter
for applicable recordkeeping and reporting
requirements.
§ 515.571 Certain transactions incident to
travel to, from, and within the United States
by Cuban nationals.
(a) * * *
(1) * * * This paragraph (a)(1) does
not apply to the importation into the
United States of Cuban-origin alcohol or
tobacco products.
*
*
*
*
*
§ 515.572
[Amended]
22. Amend § 515.572 as follows:
Note 2 to paragraph (a): Transactions
a. In paragraph (a)(1), add ‘‘, or the
incident to the organization of amateur and
lodging, paying for lodging, or making
semi-professional international sports
any reservation for or on behalf of a
federation competitions described in
third party to lodge, at any property on
paragraph (a) include marketing related to
the Cuba Prohibited Accommodations
such events in Cuba.
List to the extent prohibited by
(b) Public performances, clinics,
§ 515.210,’’ after ‘‘§ 515.209’’.
workshops, other athletic or non-athletic ■ b. Remove Note to § 515.572(a).
competitions, and exhibitions. Specific
■ 23. Amend § 515.574 as follows:
licenses, including for multiple trips to
■ a. Redesignate paragraph (d) as
Cuba over an extended period of time,
paragraph (e).
may be issued on a case-by-case basis
■ b. Add new paragraph (d).
authorizing the travel-related
■ c. In Example 1 to § 515.574, add a
transactions set forth in § 515.560(c) and
new third sentence.
such other transactions as are directly
■ d. In Example 2 to § 515.574, add a
incident to participation in or
new third sentence.
organization of a public performance,
■ e. In Example 3 to § 515.574, add ‘‘,
clinic, workshop, athletic competition
and will not lodge, or pay for lodging,
not covered by paragraph (a) of this
at any property on the CPA List to the
section, non-athletic competition, or
extent prohibited by § 515.210’’ after
exhibition in Cuba by participants in or
‘‘(see § 515.209)’’.
organizers of such activities, provided
The additions read as follows:
that the event is open for attendance,
and in relevant situations, participation, § 515.574 Support for the Cuban people.
by the Cuban public.
*
*
*
*
*
*
*
*
*
*
(d) Certain travel-related transactions
(e) Certain travel-related transactions
restricted. Nothing in paragraph (a) of
restricted. Nothing in paragraph (a) of
this section authorizes the lodging,
this section authorizes the lodging,
paying for lodging, or making any
paying for lodging, or making any
reservation for or on behalf of a third
reservation for or on behalf of a third
party to lodge, at any property on the
party to lodge, at any property on the
Cuba Prohibited Accommodations List
Cuba Prohibited Accommodations List
(CPA List) to the extent prohibited by
to the extent prohibited by § 515.210.
§ 515.210.
■ 19. In § 515.569, add a sentence to the
*
*
*
*
*
end to read as follows:
Example 1 to § 515.574: * * * The
traveler will not lodge, or pay for
§ 515.569 Foreign passengers’ baggage.
lodging, at any property on the CPA List
* * * This authorization does not
apply to the importation into the United to the extent prohibited by § 515.210.
* * *
States of Cuban-origin alcohol or
Example 2 to § 515.574: * * * The
tobacco products.
travelers will not lodge, or pay for
lodging, at any property on the CPA List
§ 515.570 [Amended]
to the extent prohibited by § 515.210.
■ 20. Amend § 515.570, in paragraph
* * *
(d), by removing ‘‘§ 515.565(d)’’ in both
*
*
*
*
places it appears and adding in its place *
‘‘§ 515.565(h)’’.
■ 24. Amend § 515.575 as follows:
■ a. Redesignate paragraph (d) as
■ 21. Amend § 515.571 as follows:
■ a. In paragraph (a)(1), add a sentence
paragraph (e).
to the end.
■ b. Add new paragraph (d).
■ b. In paragraph (a)(3), remove ‘‘and’’
The addition reads as follows:
after ‘‘accompanied baggage’’.
§ 515.575 Humanitarian projects.
■ c. In paragraph (a)(4), remove the
period and add in its place ‘‘; and’’.
*
*
*
*
*
VerDate Sep<11>2014
16:01 Sep 23, 2020
Jkt 250001
■
■
PO 00000
Frm 00026
Fmt 4700
Sfmt 9990
(d) Certain travel-related transactions
restricted. Nothing in paragraph (a) of
this section authorizes the lodging,
paying for lodging, or making any
reservation for or on behalf of a third
party to lodge, at any property on the
Cuba Prohibited Accommodations List
to the extent prohibited by § 515.210.
*
*
*
*
*
25. Amend § 515.576 as follows:
■ a. Redesignate paragraph (d) as
paragraph (e).
■ b. Add new paragraph (d).
The addition reads as follows:
■
§ 515.576 Activities of private foundations
or research or educational institutes.
*
*
*
*
*
(d) Certain travel-related transactions
restricted. Nothing in paragraph (a) of
this section authorizes the lodging,
paying for lodging, or making any
reservation for or on behalf of a third
party to lodge, at any property on the
Cuba Prohibited Accommodations List
to the extent prohibited by § 515.210.
*
*
*
*
*
§ 515.577
[Amended]
26. Amend § 515.577 by removing
paragraph (e) and redesignating
paragraph (f) as paragraph (e).
■
§ 515.582
[Amended]
27. Amend § 515.582 by removing
‘‘https://www.state.gov/e/eb/tfs/spi/’’ and
adding in its place ‘‘https://
www.state.gov/the-state-departmentssection-515-582-list/’’.
■ 28. Amend § 515.585, in paragraph
(d), by adding a sentence at the end.’’’’
after ‘‘personal use only.’’.
■
§ 515.585 Certain transactions in third
countries.
*
*
*
*
*
(d) * * * This paragraph does not
apply to the importation into the United
States of Cuban-origin alcohol or
tobacco products.
*
*
*
*
*
§ 515.591
[Amended]
29. In Note 2 to § 515.591, remove
‘‘and professional meetings’’ after
‘‘professional research’’.
■
Dated: September 21, 2020.
Andrea Gacki,
Director, Office of Foreign Assets Control.
[FR Doc. 2020–21084 Filed 9–23–20; 8:45 am]
BILLING CODE 4810–AL–P
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]]>Agencies
[Federal Register Volume 85, Number 186 (Thursday, September 24, 2020)]
[Rules and Regulations]
[Pages 60068-60072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21084]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Part 515
Cuban Assets Control Regulations
AGENCY: Office of Foreign Assets Control, Treasury.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of the Treasury's Office of Foreign Assets
Control (OFAC) is amending the Cuban Assets Control Regulations to
further implement portions of the President's foreign policy toward
Cuba to deny the Cuban regime sources of revenue. Specifically, this
rule: Adds a new prohibition for persons subject to U.S. jurisdiction
regarding lodging and related transactions at certain properties in
Cuba identified on a new list maintained by the State Department, and
amends an interpretive provision and several general licenses to
incorporate this new prohibition; amends four general licenses to
restrict the importation into the United States of Cuban-origin alcohol
and tobacco products; amends a general license to remove the
authorization for persons subject to U.S. jurisdiction to attend or
organize professional meetings or conferences in Cuba; and removes a
general license that authorizes persons subject to U.S. jurisdiction to
participate in or organize certain public performances, clinics,
workshops, other athletic or non-athletic competitions, and
exhibitions, and replaces it with a specific licensing policy. OFAC is
also making a number of technical and conforming changes.
DATES: This rule is effective September 24, 2020.
FOR FURTHER INFORMATION CONTACT: OFAC: Assistant Director for
Licensing, 202-622-2480, Assistant Director for Regulatory Affairs,
202-622-4855, or Assistant Director for Sanctions Compliance &
Evaluation, 202-622-2490.
SUPPLEMENTARY INFORMATION:
Electronic Availability
This document and additional information concerning OFAC are
available on OFAC's website (www.treasury.gov/ofac).
Background
The Department of the Treasury issued the Cuban Assets Control
Regulations, 31 CFR part 515 (the ``Regulations''), on July 8, 1963,
under various authorities, including the Trading With the Enemy Act (50
U.S.C. 4301-41). OFAC has amended the Regulations on numerous
occasions, including to implement National Security Presidential
Memorandum-5, ``Strengthening the Policy of the United States Toward
Cuba,'' signed by the President on June 16, 2017, and the President's
foreign policy toward Cuba.
Today, OFAC, in consultation with the State Department, is taking
[[Page 60069]]
additional action to implement the Administration's foreign policy
toward Cuba, as set forth in more detail below.
Restrictions on Lodging, Paying for Lodging, or Making Reservations for
Lodging, at Certain Properties in Cuba
OFAC is incorporating a new prohibition at Sec. 515.210 of the
Regulations to prohibit any person subject to U.S. jurisdiction from
lodging, paying for lodging, or making any reservation for or on behalf
of a third party to lodge, at any property in Cuba that the Secretary
of State has identified as a property that is owned or controlled by
the Cuban government, a prohibited official of the Government of Cuba,
as defined in Sec. 515.337, a prohibited member of the Cuban Communist
Party, as defined in Sec. 515.338, a close relative, as defined in
Sec. 515.339, of a prohibited official of the Government of Cuba, or a
close relative of a prohibited member of the Cuban Communist Party.
Concurrent with this regulatory amendment, the State Department is
creating a new list, the Cuba Prohibited Accommodations List (CPA
List), to publish the names, addresses, or other identifying details,
as relevant, of properties identified as meeting such criteria, as well
as the basis for the listing. The CPA List will be maintained by the
State Department and published in the Federal Register. It will also be
accessible through the following page on the State Department's
website: www.state.gov/cuba-sanctions/cuba-prohibited-accommodations.
OFAC is making conforming edits to Sec. 515.421, which provides
interpretive guidance with respect to transactions ordinarily incident
to a licensed transaction, to incorporate the new prohibition in Sec.
515.210. This interpretive provision provides that any transaction
ordinarily incident to a licensed transaction and necessary to give
effect thereto is also authorized except in certain scenarios. OFAC is
adding a provision at Sec. 515.421(a)(6) to exclude from the scope of
the interpretative provision lodging, paying for lodging, or making any
reservation for or on behalf of a third party to lodge, at any property
on the CPA List to the extent prohibited by Sec. 515.210, where the
terms of the applicable general or specific license expressly exclude
such transactions.
OFAC is also amending several general licenses in Subpart E of the
Regulations to exclude from the scope of such authorizations the
lodging, paying for lodging, or making any reservation for or on behalf
of a third party to lodge, at any property on the CPA List to the
extent prohibited by Sec. 515.210. More specifically, OFAC is amending
the following sections to incorporate the exclusion related to Sec.
515.210: (i) In Sec. 515.533, which relates to exportations from the
United States to Cuba, reexportations to Cuba, and the importation and
servicing or repair of certain items previously exported or reexported
to Cuba; (ii) in Sec. 515.545, which relates to transactions involving
information and informational materials; (iii) in Sec. 515.559, which
relates to certain export and import transactions by U.S.-owned or -
controlled foreign firms; (iv) in Sec. 515.560, which relates to
travel-related transactions to, from, and within Cuba by persons
subject to U.S. jurisdiction; (v) in Sec. 515.561, which relates to
family visits; (vi) in Sec. 515.563, which relates to journalistic
activity in Cuba; (vii) in Sec. 515.564, which relates to professional
research and professional meetings in Cuba; (viii) in Sec. 515.565,
which relates to educational activities; (ix) in Sec. 515.566, which
relates to religious activities in Cuba; (x) in Sec. 515.567, which
relates to certain public performances, clinics, workshops,
competitions, and exhibitions in Cuba; (xi) in Sec. 515.572, which
relates to the provision of travel, carrier, and other transportation-
related, and remittance forwarding services; (xii) in Sec. 515.574,
which relates to support for the Cuban people; (xiii) in Sec. 515.575,
which relates to humanitarian projects in Cuba; and (xiv) in Sec.
515.576, which relates to activities of private foundations or research
or educational institutes. In addition, OFAC is making technical and
conforming changes related to these amendments in a number of the above
sections.
Restrictions on Importation Into the United States of Cuban-Origin
Alcohol and Tobacco Products
OFAC is amending four provisions of the Regulations to restrict the
importation into the United States of Cuban-origin alcohol and tobacco
products. More specifically, OFAC is amending the following
authorizations to exclude the importation into the United States of
Cuban-origin alcohol and tobacco products: (i) Sec. 515.560(c)(3),
which authorizes the purchase or other acquisition in Cuba and
importation as accompanied baggage into the United States of Cuban-
origin merchandise for personal use; (ii) Sec. 515.569, which
authorizes the importation of merchandise by any person arriving in the
United States other than a citizen or resident of the United States,
provided the importation is not in commercial quantities and are not
imported for resale; (iii) Sec. 515.571(a)(1), which authorizes the
importation into the United States of accompanied baggage for personal
use by or on behalf of a Cuban national who is present in the United
States; and (iv) Sec. 515.585(d), which authorizes the importation
into the United States as accompanied baggage certain Cuban-origin
goods that are purchased or acquired in a third country for personal
use. OFAC is also making technical and conforming changes to Sec.
515.571(a).
Professional Research and Professional Meetings in Cuba
OFAC is eliminating the authorization in Sec. 515.564(a)(2) of the
Regulations related to attendance at, or organization of, professional
meetings or conferences in Cuba. Persons subject to U.S. jurisdiction
are no longer authorized via general license to attend or organize
professional meetings or conferences in Cuba pursuant to this section.
OFAC is also amending Sec. 515.564 to clarify that specific licenses
may be issued on a case-by-case basis authorizing the travel-related
transactions in Sec. 515.560(c) and other transactions that are
related to (i) professional research in Cuba that does not qualify for
the general license under Sec. 515.564(a) or (ii) professional
meetings or conferences in Cuba that are not authorized under other
travel-related authorizations and that relate to activities otherwise
authorized pursuant to the Regulations. Finally, to reflect this
change, OFAC is making technical and conforming edits in this section,
as well as conforming edits in Sec. Sec. 515.534, 515.542, 515.547,
515.560, 515.572, 515.577, and 515.591.
Public Performances, Clinics, Workshops, Athletic and Other
Competitions, and Exhibitions
OFAC is removing the authorization in Sec. 515.567(b) of the
Regulations related to public performances, clinics, workshops, other
athletic or non-athletic competitions, and exhibitions; however, OFAC
may issue specific licenses, on a case-by-case basis, for transactions
that are directly incident to participation in, or organization of, a
public performance, clinic, workshop, athletic competition not covered
by Sec. 515.567(a), non-athletic competition, or exhibition in Cuba,
subject to certain conditions. Upon this rule taking effect, the only
athletic-related travel transactions authorized via general license in
Sec. 515.567 will be in connection with athletic competitions that
qualify for the authorization in Sec. 515.567(a).
[[Page 60070]]
Other Technical and Conforming Changes
Finally, OFAC is making a number of other technical and conforming
changes as follows: (i) In Sec. 515.101, OFAC is updating an outdated
citation to the Trading With the Enemy Act; (ii) in Sec. Sec. 515.209
and 515.582, OFAC is updating links to certain pages on the State
Department's website that are out of date; (iii) in Sec. 515.560, OFAC
is removing the second occurrence of paragraph (e), which was
previously included in error; and (iv) in Sec. 515.570, OFAC is
adjusting two cross-references to Sec. 515.565 that previously
referred to the wrong paragraphs of that section.
Public Participation
Because the amendment of the Regulations involves a foreign affairs
function, the provisions of Executive Order 12866 and the
Administrative Procedure Act (5 U.S.C. 553) requiring notice of
proposed rulemaking, opportunity for public participation, and delay in
effective date, as well as the provisions of Executive Order 13771, are
inapplicable. Because no notice of proposed rulemaking is required for
this rule, the Regulatory Flexibility Act (5 U.S.C. 601-12) does not
apply.
Paperwork Reduction Act
The collections of information related to the Regulations are
contained in 31 CFR part 501 (the ``Reporting, Procedures and Penalties
Regulations'') and Sec. 515.572 of this part. Pursuant to the
Paperwork Reduction Act of 1995 (44 U.S.C. 3507), those collections of
information are covered by the Office of Management and Budget under
control numbers 1505-0164, 1505-0167, and 1505-0168. An agency may not
conduct or sponsor, and a person is not required to respond to, a
collection of information unless the collection of information displays
a valid control number.
List of Subjects in 31 CFR Part 515
Administrative practice and procedure, Alcohol, Athletics, Banks,
Banking, Blocking of assets, Conferences, Cuba, Export, Financial
transactions, Import, Remittances, Reporting and recordkeeping
requirements, Tobacco, Travel restrictions.
For the reasons set forth in the preamble, the Department of the
Treasury's Office of Foreign Assets Control amends 31 CFR part 515 as
follows:
PART 515--CUBAN ASSETS CONTROL REGULATIONS
0
1. The authority citation for part 515 is revised to read as follows:
Authority: 22 U.S.C. 2370(a), 6001-6010, 7201-7211; 31 U.S.C.
321(b); 50 U.S.C. 4301-4341; Pub. L. 101-410, 104 Stat. 890 (28
U.S.C. 2461 note); 22 U.S.C. 6021-6091; Pub. L. 105-277, 112 Stat.
2681; Pub. L. 111-8, 123 Stat. 524; Pub. L. 111-117, 123 Stat. 3034;
E.O. 9989, 13 FR 4891, 3 CFR, 1943-1948 Comp., p. 748; Proc. 3447,
27 FR 1085, 3 CFR, 1959-1963 Comp., p. 157; E.O. 12854, 58 FR 36587,
3 CFR, 1993 Comp., p. 614.
Subpart A--Relation of This Part to Other Laws and Regulations
Sec. 515.101 [Amended]
0
2. In Sec. 515.101 paragraph (b), remove ``50 U.S.C. App. 5(b), as
amended'' and add in its place ``50 U.S.C. 4301-4341''.
Subpart B--Prohibitions
Sec. 515.209 [Amended]
0
3. In Sec. 515.209, in the note to paragraph (a), remove ``website:
https://www.state.gov/e/eb/tfs/spi/cuba/cubarestrictedlist/index.htm''
and add in its place ``website: https://www.state.gov/cuba-sanctions/
cuba-restricted-list/''.
0
4. Add Sec. 515.210 to read as follows:
Sec. 515.210 Restrictions on lodging, paying for lodging, or making
reservations at certain properties in Cuba.
(a) Except as otherwise authorized pursuant to this part, no person
subject to U.S. jurisdiction may lodge, pay for lodging, or otherwise
make any reservation for or on behalf of a third party to lodge, at any
property in Cuba that the Secretary of State has identified as a
property that is owned or controlled by the Cuban government, a
prohibited official of the Government of Cuba, as defined in Sec.
515.337, a prohibited member of the Cuban Communist Party, as defined
in Sec. 515.338, a close relative, as defined in Sec. 515.339, of a
prohibited official of the Government of Cuba, or a close relative of a
prohibited member of the Cuban Communist Party. Such properties are
identified on the State Department's Cuba Prohibited Accommodations
List (CPA List). This prohibition does not apply to certain
transactions set forth in paragraph (b) of this section.
Note 1 to paragraph (a): The names, addresses, or other
identifying details, as relevant, of properties that the Secretary
of State has identified as meeting the criteria set forth in this
section are incorporated in the CPA List as published in the Federal
Register. The CPA List is also accessible through the following page
on the State Department's website: www.state.gov/cuba-sanctions/cuba-prohibited-accommodations.
(b) The prohibition in paragraph (a) of this section does not apply
to lodging-related transactions initiated prior to the date that the
property was added to the CPA List as published in the Federal
Register.
Subpart D--Interpretations
0
5. Amend Sec. 515.421 as follows:
0
a. In paragraph (a)(4), remove ``or'' at the end of the paragraph.
0
b. In paragraph (a)(5), remove the period at the end of the paragraph
and add in its place ``; or''.
0
c. Add paragraph (a)(6).
The addition reads as follows:
Sec. 515.421 Transactions ordinarily incident to a licensed
transaction.
(a) * * *
(6) Lodging, paying for lodging, or making any reservation for or
on behalf of a third party to lodge, at any property on the Cuba
Prohibited Accommodations List to the extent prohibited by Sec.
515.210, where the terms of the applicable general or specific license
expressly exclude such a transaction.
* * * * *
Subpart E--Licenses, Authorizations, and Statements of Licensing
Policy
0
6. Amend Sec. 515.533 as follows:
0
a. Redesignate paragraph (d) as paragraph (e).
0
b. Add new paragraph (d).
The addition reads as follows:
Sec. 515.533 Exportations from the United States to Cuba;
reexportations to Cuba; importation and servicing or repair of certain
items previously exported or reexported to Cuba.
* * * * *
(d) Certain travel-related transactions restricted. Nothing in
paragraph (c) of this section authorizes the lodging, paying for
lodging, or making any reservation for or on behalf of a third party to
lodge, at any property on the Cuba Prohibited Accommodations List to
the extent prohibited by Sec. 515.210.
* * * * *
Sec. 515.534 [Amended]
0
7. In Note to Sec. 515.534, remove ``, and Sec. 515.564(a)(2) for a
general license authorizing travel-related and other transactions
incident to attending or organizing professional meetings in Cuba,
which include professional meetings relating to the negotiation of
contingent contracts authorized by this section''.
[[Page 60071]]
Sec. 515.542 [Amended]
0
8. In note 1 to Sec. 515.542, remove the last sentence.
0
9. Amend Sec. 515.545 as follows:
0
a. Redesignate paragraph (d) as paragraph (e).
0
b. Add new paragraph (d).
The addition reads as follows:
Sec. 515.545 Transactions related to information and informational
materials.
* * * * *
(d) Certain travel-related transactions restricted. Nothing in
paragraph (b) of this section authorizes the lodging, paying for
lodging, or making any reservation for or on behalf of a third party to
lodge, at any property on the Cuba Prohibited Accommodations List to
the extent prohibited by Sec. 515.210.
* * * * *
Sec. 515.547 [Amended]
0
10. In note 2 to paragraph (a), in the second sentence, remove ``and
professional meetings''.
0
11. Amend Sec. 515.559 as follows:
0
a. Redesignate paragraph (e) as paragraph (f).
0
b. Add new paragraph (e).
The addition reads as follows:
Sec. 515.559 Certain export and import transactions by U.S.-owned or
-controlled foreign firms.
* * * * *
(e) Certain travel-related transactions restricted. Nothing in
paragraph (d) of this section authorizes the lodging, paying for
lodging, or making any reservation for or on behalf of a third party to
lodge, at any property on the Cuba Prohibited Accommodations List to
the extent prohibited by Sec. 515.210.
* * * * *
0
12. Amend Sec. 515.560 as follows:
0
a. In paragraph (c)(3), add a new second sentence.
0
b. In paragraph (d), add ``, and nothing in paragraph (c)(2) of this
section authorizes the lodging, paying for lodging, or otherwise making
any reservation for or on behalf of a third party to lodge, at any
property on the Cuba Prohibited Accommodations List to the extent
prohibited by Sec. 515.210, in each case'' after ``Sec. 515.209''.
0
c. Remove the reserved paragraph (e).
The addition reads as follows:
Sec. 515.560 Travel-related transactions to, from, and within Cuba
and by persons subject to U.S. jurisdiction.
* * * * *
(c) * * *
(3) * * * This paragraph does not apply to the importation into the
United States of Cuban-origin alcohol or tobacco products. * * *
* * * * *
Sec. 515.561 [Amended]
0
13. Amend Sec. 515.561, in paragraph (a) by adding ``, or the lodging,
paying for lodging, or making any reservation for or on behalf of a
third party to lodge, at any property on the Cuba Prohibited
Accommodations List to the extent prohibited by Sec. 515.210'' after
``Sec. 515.209''.
0
14. Amend Sec. 515.563 as follows:
0
a. Redesignate paragraph (c) as paragraph (d).
0
b. Add new paragraph (c).
The addition reads as follows:
Sec. 515.563 Journalistic activities in Cuba.
* * * * *
(c) Certain travel-related transactions restricted. Nothing in
paragraph (a) of this section authorizes the lodging, paying for
lodging, or making any reservation for or on behalf of a third party to
lodge, at any property on the Cuba Prohibited Accommodations List to
the extent prohibited by Sec. 515.210.
* * * * *
0
15. Amend Sec. 515.564 as follows:
0
a. Revise paragraph (a).
0
b. Redesignate paragraph (d) as paragraph (e).
0
c. Add new paragraph (d).
0
d. Revise newly redesignated paragraph (e).
The revisions and addition read as follows:
Sec. 515.564 Professional research and professional meetings in Cuba.
(a) General license for professional research. The travel-related
transactions set forth in Sec. 515.560(c) and such additional
transactions as are directly incident to professional research are
authorized, provided that:
(1) The purpose of the research directly relates to the traveler's
profession, professional background, or area of expertise, including
area of graduate-level full-time study; and
(2) The traveler's schedule of activities does not include free
time or recreation in excess of that consistent with a full-time
schedule of professional research.
Example to Sec. 515.564(a): The making of a documentary film in
Cuba would qualify for the general license in this section if it is a
vehicle for presentation of the research conducted pursuant to this
section.
Note 1 to paragraph (a): A person does not qualify as engaging
in professional research merely because that person is a
professional who plans to travel to Cuba.
Note 2 to paragraph (a): Each person relying on the general
authorization in this paragraph must retain specific records related
to the authorized travel transactions. See Sec. Sec. 501.601 and
501.602 of this chapter for applicable recordkeeping and reporting
requirements.
* * * * *
(d) Certain travel-related transactions restricted. Nothing in
paragraph (a) of this section authorizes the lodging, paying for
lodging, or making any reservation for or on behalf of a third party to
lodge, at any property on the Cuba Prohibited Accommodations List to
the extent prohibited by Sec. 515.210.
(e) Specific licenses. Specific licenses may be issued on a case-
by-case basis authorizing the travel-related transactions set forth in
Sec. 515.560(c) and such other transactions as are related to either:
professional research in Cuba that does not qualify for the general
license under paragraph (a) of this section, or professional meetings
or conferences in Cuba that are not otherwise authorized pursuant to
other travel-related authorizations and relate to activities otherwise
authorized pursuant to this part.
0
16. Amend Sec. 515.565 as follows:
0
a. Redesignate paragraphs (f) and (g) as paragraphs (g) and (h).
0
b. Add new paragraph (f).
The addition reads as follows:
Sec. 515.565 Educational activities.
* * * * *
(f) Certain travel-related transactions restricted. Nothing in
paragraph (a), (b), (d), or (e) of this section authorizes the lodging,
paying for lodging, or making any reservation for or on behalf of a
third party to lodge, at any property on the Cuba Prohibited
Accommodations List to the extent prohibited by Sec. 515.210.
* * * * *
Sec. 515.566 [Amended]
0
17. Amend Sec. 515.566, in paragraph (a) introductory text by adding
``, or the lodging, paying for lodging, or making any reservation for
or on behalf of a third party to lodge, at any property on the Cuba
Prohibited Accommodations List to the extent prohibited by Sec.
515.210'' after ``Sec. 515.209''.
0
18. Amend Sec. 515.567 as follows:
0
a. Add notes 1 and 2 to paragraph (a).
0
b. Revise paragraph (b).
0
b. Remove examples 1 and 2 to Sec. 515.567(a) and (b).
0
c. Remove notes 1 and 2 to Sec. 515.567(a) and (b).
0
d. In paragraph (c), remove ``or (b)''.
0
e. In paragraph (d), remove ``or (b)''.
0
f. Revise paragraph (e).
[[Page 60072]]
The additions and revisions read as follows:
Sec. 515.567 Public performances, clinics, workshops, athletic and
other competitions, and exhibitions.
(a) * * *
Note 1 to paragraph (a): Each person relying on the general
license described in paragraph (a) must retain specific records
related to the authorized travel transactions. See Sec. Sec.
501.601 and 501.602 of this chapter for applicable recordkeeping and
reporting requirements.
Note 2 to paragraph (a): Transactions incident to the
organization of amateur and semi-professional international sports
federation competitions described in paragraph (a) include marketing
related to such events in Cuba.
(b) Public performances, clinics, workshops, other athletic or non-
athletic competitions, and exhibitions. Specific licenses, including
for multiple trips to Cuba over an extended period of time, may be
issued on a case-by-case basis authorizing the travel-related
transactions set forth in Sec. 515.560(c) and such other transactions
as are directly incident to participation in or organization of a
public performance, clinic, workshop, athletic competition not covered
by paragraph (a) of this section, non-athletic competition, or
exhibition in Cuba by participants in or organizers of such activities,
provided that the event is open for attendance, and in relevant
situations, participation, by the Cuban public.
* * * * *
(e) Certain travel-related transactions restricted. Nothing in
paragraph (a) of this section authorizes the lodging, paying for
lodging, or making any reservation for or on behalf of a third party to
lodge, at any property on the Cuba Prohibited Accommodations List to
the extent prohibited by Sec. 515.210.
0
19. In Sec. 515.569, add a sentence to the end to read as follows:
Sec. 515.569 Foreign passengers' baggage.
* * * This authorization does not apply to the importation into the
United States of Cuban-origin alcohol or tobacco products.
Sec. 515.570 [Amended]
0
20. Amend Sec. 515.570, in paragraph (d), by removing ``Sec.
515.565(d)'' in both places it appears and adding in its place ``Sec.
515.565(h)''.
0
21. Amend Sec. 515.571 as follows:
0
a. In paragraph (a)(1), add a sentence to the end.
0
b. In paragraph (a)(3), remove ``and'' after ``accompanied baggage''.
0
c. In paragraph (a)(4), remove the period and add in its place ``;
and''.
The addition reads as follows:
Sec. 515.571 Certain transactions incident to travel to, from, and
within the United States by Cuban nationals.
(a) * * *
(1) * * * This paragraph (a)(1) does not apply to the importation
into the United States of Cuban-origin alcohol or tobacco products.
* * * * *
Sec. 515.572 [Amended]
0
22. Amend Sec. 515.572 as follows:
0
a. In paragraph (a)(1), add ``, or the lodging, paying for lodging, or
making any reservation for or on behalf of a third party to lodge, at
any property on the Cuba Prohibited Accommodations List to the extent
prohibited by Sec. 515.210,'' after ``Sec. 515.209''.
0
b. Remove Note to Sec. 515.572(a).
0
23. Amend Sec. 515.574 as follows:
0
a. Redesignate paragraph (d) as paragraph (e).
0
b. Add new paragraph (d).
0
c. In Example 1 to Sec. 515.574, add a new third sentence.
0
d. In Example 2 to Sec. 515.574, add a new third sentence.
0
e. In Example 3 to Sec. 515.574, add ``, and will not lodge, or pay
for lodging, at any property on the CPA List to the extent prohibited
by Sec. 515.210'' after ``(see Sec. 515.209)''.
The additions read as follows:
Sec. 515.574 Support for the Cuban people.
* * * * *
(d) Certain travel-related transactions restricted. Nothing in
paragraph (a) of this section authorizes the lodging, paying for
lodging, or making any reservation for or on behalf of a third party to
lodge, at any property on the Cuba Prohibited Accommodations List (CPA
List) to the extent prohibited by Sec. 515.210.
* * * * *
Example 1 to Sec. 515.574: * * * The traveler will not lodge, or
pay for lodging, at any property on the CPA List to the extent
prohibited by Sec. 515.210. * * *
Example 2 to Sec. 515.574: * * * The travelers will not lodge, or
pay for lodging, at any property on the CPA List to the extent
prohibited by Sec. 515.210. * * *
* * * * *
0
24. Amend Sec. 515.575 as follows:
0
a. Redesignate paragraph (d) as paragraph (e).
0
b. Add new paragraph (d).
The addition reads as follows:
Sec. 515.575 Humanitarian projects.
* * * * *
(d) Certain travel-related transactions restricted. Nothing in
paragraph (a) of this section authorizes the lodging, paying for
lodging, or making any reservation for or on behalf of a third party to
lodge, at any property on the Cuba Prohibited Accommodations List to
the extent prohibited by Sec. 515.210.
* * * * *
0
25. Amend Sec. 515.576 as follows:
0
a. Redesignate paragraph (d) as paragraph (e).
0
b. Add new paragraph (d).
The addition reads as follows:
Sec. 515.576 Activities of private foundations or research or
educational institutes.
* * * * *
(d) Certain travel-related transactions restricted. Nothing in
paragraph (a) of this section authorizes the lodging, paying for
lodging, or making any reservation for or on behalf of a third party to
lodge, at any property on the Cuba Prohibited Accommodations List to
the extent prohibited by Sec. 515.210.
* * * * *
Sec. 515.577 [Amended]
0
26. Amend Sec. 515.577 by removing paragraph (e) and redesignating
paragraph (f) as paragraph (e).
Sec. 515.582 [Amended]
0
27. Amend Sec. 515.582 by removing ``https://www.state.gov/e/eb/tfs/spi/'' and adding in its place ``https://www.state.gov/the-state-departments-section-515-582-list/''.
0
28. Amend Sec. 515.585, in paragraph (d), by adding a sentence at the
end.'''' after ``personal use only.''.
Sec. 515.585 Certain transactions in third countries.
* * * * *
(d) * * * This paragraph does not apply to the importation into the
United States of Cuban-origin alcohol or tobacco products.
* * * * *
Sec. 515.591 [Amended]
0
29. In Note 2 to Sec. 515.591, remove ``and professional meetings''
after ``professional research''.
Dated: September 21, 2020.
Andrea Gacki,
Director, Office of Foreign Assets Control.
[FR Doc. 2020-21084 Filed 9-23-20; 8:45 am]
BILLING CODE 4810-AL-P
