Cuba: New U.S. Rules Applicable to Private and Corporate Aircraft

June 6, 2019

As of June 5, 2019, the U.S. Bureau of Industry and Security (Department of Commerce), in coordination with the Office of Foreign Asset Control (Department of Treasury), has amended the Cuban Export Administration Regulations so that, among other things, private and corporate aircraft (but not commercial airlines) will become ineligible for a general license exception. The agencies have also established a policy of denial for license applications involving aircraft.

Below are excerpts from the Bureau of Industry and Security’s FAQ document and a link to the OFAC press release:

Are commercial airlines allowed to fly to Cuba?
Yes, provided all of the terms and conditions of License Exception Aircraft, Vessels and Spacecraft (AVS) (15 CFR § 740.15(a)) are met.

May I fly a private or corporate aircraft to Cuba?
No.  A license from the Bureau of Industry and Security (BIS) is required to fly private or corporate aircraft to Cuba, even if the aircraft stops in another country first.  License applications for the temporary sojourn to Cuba of non-commercial aircraft are subject to a general policy of denial.

OFAC press release

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