Effective Wednesday, the rule will amend the Export Administration Regulations’ aircraft, vessels and spacecraft license exception.
The Bureau of Industry and Security (BIS) is issuing a final rule further limiting the types of aircraft authorized to fly to Cuba and vessels that can sail to Cuba on temporary sojourn.
The rule will amend the Export Administration Regulations’ (EAR) license exception for aircraft, vessels and spacecraft (AVS) to remove the authorization for the export or re-export to Cuba of most noncommercial aircraft and passenger and recreational vessels on temporary sojourn.
The rule also will amend the licensing policy for exports and re-exports to Cuba of aircraft and vessels on temporary sojourn to establish a general policy of denial absent a foreign policy or national security interest as determined by the U.S. government, such as temporary sojourn of vessels for use in oil spill response, the final rule states.
“Given the administration’s stated objectives of holding the Cuban regime accountable for its repression of the Cuban people, including by restricting non-family travel to Cuba, such licenses will be issued only in extraordinary circumstances,” BIS said.
The only civil aircraft of U.S. registry that will remain eligible for AVS license exception when destined for Cuba are commercial aircraft operating under air carrier operating certificates or certain other Federal Aviation Administration certificates or specifications identified in the license exception.
Further, only cargo vessels for hire for use in the transportation of separately authorized items will be eligible for export or re-export to Cuba on temporary sojourn, provided all other terms and conditions of the AVS license exception are met, the final rule says.
Applications for temporary sojourn of aircraft operated by certified air carriers or cargo vessels for hire that aren’t eligible for AVS license exception will be reviewed case by case, including cargo vessels that may need to remain in Cuba beyond the 14-day limit outlined in the license exception due to port congestion, BIS said.
The final rule will become effective Wednesday.
