Regulation Text
No person may operate a civil aircraft from the United States to Cuba unless—
(a) Departure is from an international airport of entry designated in § 6.13 of the Air Commerce Regulations of the Bureau of Customs (19 CFR 6.13); and
(b) In the case of departure from any of the 48 contiguous States or the District of Columbia, the pilot in command of the aircraft has filed—
(1) A DVFR or IFR flight plan as prescribed in § 99.11 or § 99.13 of this chapter; and
(2) A written statement, within 1 hour before departure, with the Office of Immigration and Naturalization Service at the airport of departure, containing—
(i) All information in the flight plan;
(ii) The name of each occupant of the aircraft;
(iii) The number of occupants of the aircraft; and
(iv) A description of the cargo, if any.
This section does not apply to the operation of aircraft by a scheduled air carrier over routes authorized in operations specifications issued by the Administrator. (Approved by the Office of Management and Budget under control number 2120-0005)Research Notes
Section 91.709 — Operations to Cuba — establishes the specific authorization requirements for U.S.-registered aircraft flights to or from Cuba.
The authorization requirement: Flights to Cuba require specific authorization due to U.S. sanctions and aviation cooperation history. Authorization is obtained through the U.S. Department of State and the U.S. Treasury OFAC (Office of Foreign Assets Control).
Operational reality: The U.S.-Cuba aviation relationship has shifted multiple times — fully restricted during the Cold War, gradually opened during the 2014-2017 normalization, partially restricted again from 2017. Operators check current State Department and OFAC guidance before any Cuba operation.
Reference: U.S. Department of State on Cuba travel; OFAC Cuba Sanctions Regulations.
Amendment History
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