19 C.F.R. Subpart O—Flights to and From Cuba
Title 19 - Customs Duties
Under this subpart, the following definitions apply: (a) United States. The term “U.S.” includes the several States, the District of Columbia, the U.S. Virgin Islands, and Puerto Rico. (b) Cuba. The term “Cuba” does not include the Guantanamo Bay Naval Station. This subpart applies to all aircraft entering or departing the U.S. to or from Cuba except public aircraft. [T.D. 88–12, 53 FR 9292, Mar. 22, 1988, as amended by T.D. 97–82, 62 FR 51770, Oct. 3, 1997] The owner or person in command of any aircraft clearing the U.S. for, or entering the U.S. from, Cuba, whether the aircraft is departing on a temporary sojourn, or for export, must clear or obtain permission to depart from, or enter at, the Miami International Airport, Miami, Florida; the John F. Kennedy International Airport, Jamaica, New York; or the Los Angeles International Airport, Los Angeles, California, and comply with the requirements in this part unless otherwise authorized by the Assistant Commissioner, Office of Field Operations, Customs Headquarters. [T.D. 99–71, 64 FR 53628, Oct. 4, 1999] (a) Application. All aircraft entering the U.S. from Cuba shall give advance notice of arrival. (b) Procedure for giving advance notice of arrival. The commander of an aircraft covered by this section shall give the advance notice of arrival not less than one (1) hour before crossing the U.S. coast or border. Notice shall be given either: (1) Through Federal Aviation Administration flight notification procedure (see International Flight Information Manual, Federal Aviation Administration); or (2) Directly to the Customs officer in charge at the Miami International Airport, Miami, Florida; the John F. Kennedy International Airport, Jamaica, New York; or the Los Angeles International Airport, Los Angeles, California, whichever is applicable. (c) Contents of notice. The advance notice of arrival shall state: (1) Type of aircraft and registration number; (2) Name of aircraft commander; (3) Number of U.S. citizen passengers; (4) Number of alien passengers; (5) Place of last foreign departure; (6) Estimated time and location of crossing the U.S. coast or border; and (7) Estimated time of arrival. [T.D. 88–12, 53 FR 9292, Mar. 22, 1988, as amended by T.D. 99–71, 64 FR 53628, Oct. 4, 1999] Upon arrival, the aircraft commander shall present: (a) A manifest of all passengers on board, as required by the U.S. Immigration and Naturalization Service pursuant to 8 CFR 231.1(b), to an officer of the U.S. Immigration and Naturalization Service or to a Customs officer acting as an Immigration officer; (b) The documents required by subpart E of this part. No passengers arriving from Cuba by aircraft will be released by Customs, nor will the aircraft be cleared or permitted to depart before the passengers are released by an officer of the Immigration and Naturalization Service or by a Customs officer acting on behalf of that agency. As a condition precedent to clearance, the aircraft commander shall present to Customs: (a) The documents required by Subpart H of this part; and (b) A validated license issued by the Department of Commerce, as provided for in 15 CFR 371.19 or a license issued by the Department of State, as provided in 22 CFR part 123. All other provisions of this part relating to entry and clearance of aircraft are applicable to aircraft subject to this subpart.
Title 19: Customs Duties
PART 122—AIR COMMERCE REGULATIONS
Subpart O—Flights to and From Cuba
§ 122.151 Definitions.
§ 122.152 Application.
§ 122.153 Limitations on airport of entry or departure.
§ 122.154 Notice of arrival.
§ 122.155 Document to be presented upon arrival.
§ 122.156 Release of passengers.
§ 122.157 Documents required for clearance.
§ 122.158 Other entry and clearance requirements.
