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)The short answer
(14 CFR § 91.709) bars operating a civil aircraft from the United States to Cuba unless departure is from an international airport of entry designated in § 6.13 of the Customs regulations (19 CFR 6.13), and — if departing the 48 contiguous States or D.C. — the pilot in command files a DVFR or IFR flight plan and a written statement.
Research Notes
Common Questions
What must a pilot do before flying from the U.S. to Cuba?
Depart from a designated international airport of entry, and — if leaving from the 48 contiguous States or D.C. — file a DVFR or IFR flight plan plus a written statement with the Immigration and Naturalization Service within 1 hour before departure.
“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)…” — 14 CFR § 91.709
What information goes in the required written statement?
The statement, filed within 1 hour before departure, must contain all information in the flight plan, the name of each occupant, the number of occupants, and a description of the cargo, if any.
“A written statement, within 1 hour before 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.” — 14 CFR § 91.709(b)(2)
Does this rule apply to scheduled air carriers?
No. The section does not apply to aircraft operated by a scheduled air carrier over routes authorized in operations specifications issued by the Administrator.
“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.” — 14 CFR § 91.709
Angle of Attack is an aviation flight-training brand founded by Chris Palmer, a two-time Master Aviation Educator and Gold Seal CFI. We decode the FARs so pilots understand not just the words, but what they mean in the cockpit.
AOA's Decoded pages are plain-English interpretation for training and reference. They are not legal advice and do not replace the official regulation. Always confirm current requirements against the authoritative source before acting.