EFTA00714137.pdf

07 May 2016 CUBA TRAVEL DOCUMENTATION FOR PRIVATE, CHARTER AND AIR AMBULANCE FLIGHTS EFTA00714137 INDEX I. Information for Cuba Travel 2. Aircraft and Vessels (AVS) Regulations 3. Cuba Traveler Certification Form (Attachment 1) 4. Cuba BIS Certification Form (Attachment 2) 5. Cuba Traveler Certification Form — BLANKET CERTIFICATION (AIR AMBULANCE CLIENTS ONLY) (Attachment 3) 6. Cuba APIS (Attachment 4) 7. Contact Information (Attachment 5) 2 EFTA00714138 Information For Cuba Travel 1. Temporary sojourn license changes If an operator meets the conditions of the AVS exception the operator is permitted to fly the aircraft to Cuba, they are limited to a 07 day maximum stay. As of 27 Jan 2016, The US Treasury Department's Office of Foreign Assets Control (OFAC) has adopted a provision under the General license for the crew to remain with the aircraft while in Cuba. Any proposed aircraft stay beyond 07 consecutive days requires a Temporary Sojourn License; this is a 6 week process. 2. Changes with respect to foreign aircraft ops to Cuba As of July 22 foreign-registered aircraft are now permitted to fly directly from the U.S. to Cuba. Please note that trip support providers with a presence in the U.S. are still not permitted to handle foreign-registered operations to Cuba, as these aircraft are not U.S.-registered and are considered unlicensed since they are unable to obtain appropriate OFAC or BIS licenses. 3. Relaxation in items that may be brought back from Cuba As of January 16, 2015, per-diem limits on authorized travelers have been lifted. Moreover, importation of personal goods from Cuba into the U.S., which include up to 400 USD in value per passenger and up to 100 USD in alcohol and tobacco products, has been authorized. 4. Banking and credit changes As of January 16, 2015, U.S. banks have been able to open corresponding accounts in Cuba. OFAC's new regulations authorize U.S. banks to process payments related to authorized transactions in Cuba, as well as use of U.S. credit/debit cards for authorized travel to Cuba. This has made it easier for authorized payments to occur. However, many U.S. banks remain cautious with allowing credit to be used in Cuba. It's recommended to exchange currency upon arrival or to use your ATM card while there. Note that the ATM withdraws are a manual process in Cuba, where you present your card, and an attendant provides local currency. The safest place to exchange currency is at the airport or in your hotel. Be aware that, there are limits on the amount of currency that may be brought into Cuba; therefore, it's best to review these requirements in advance. 5. Ground handling options Ground handing and aircraft support services are available at airports of entry (AOE) in Cuba. Availability of ground support equipment (GSE), including tow bars for certain aircraft types, is reportedly reasonable at Havana (MUHA). Be aware that when you make your Cuban landing permit request, the Civil Aviation Authority (CAA) will designate which ground handler will be assigned to handle the aircraft . Operators have the option to arrange for a supervisory ground handing agent to oversee local handling; however, this must be set up in advance. Be sure to check the licensing your supervisory agent has, as only some of these personnel are authorized to oversee air-side ramp operations/services. 6. CIQ and handling When operating to MUHA, customs, immigration, and quarantine (CIQ) can be cleared at any of the 03 airport terminals (terminals 2, 3 and 5). Terminal 5 is the GA flight terminal and handles most GA aircraft, terminal 2 is normally designated for official government type flights and terminal is normally designated to handle US charter flights. In order to secure a Cuban landing permit, operators must provide local business contact information to the CM. CM will communicate with the contact and then assign you a terminal to operate to at MUHA (Terminal 5 is the preferred terminal) and will advise which ground handler will take care of your flight. Note that the terminal you operate to and the assigned local handler are determined by CAA, based on their own internal processes. 3 EFTA00714139 7. AOG considerations If you have a mechanical breakdown while in Cuba, you may bring in certain spare parts. If the part in question is considered "technology" equipment — such as navigation and avionics hardware — you may still need a Temporary Sojourn license to have the part shipped to Cuba. Hiring aviation maintenance technicians from the U.S. to service your aircraft in Cuba is something operators are advised to confirm with OFAC, as they can provide more clarity on such requirements. 8. Cuba travel considerations When planning travel to Cuba with U.S.-registered aircraft and U.S. citizens or foreign nationals, it's important to ensure you're traveling for authorized reasons and that applicable under the General license, or if you cannot travel under the 12 approved categories of travel, you must apply and secure a Specific license from OFAC. The process to secure the Specific license can take 03 months or more of processing. 9. Visas. It's also important to be sure all required passenger visas are obtained prior to arrival. Visas may be sourced in advance from the Cuban Assets Control Regulations office in Florida, or you may obtain them upon arrival in Cuba. Visas can be obtained on arrival at a cost of $95.00 US, but could delay the customs and immigration process by up to an hour. Crew visas are not required for technical landings. 10. International arrivals International OPS: Cuba Civil Aviation Authority will accept international flights between the US and Cuba via the named airports below. • Havana/MUHA • Cayo Largo Del Sur/MUCL • Camaguey/MUCM • Holguin/MUHG • Varadero/MUVR 11. Domestic travel Domestic flight within Cuba must be approved by Cuban Civil Aviation and aircraft must be on an IFR flight plan 12. Additional information While OFAC and BIS requirements have eased somewhat with regard to GA travel to Cuba, all of these requirements should be reviewed with your legal department. This helps ensure that regulations and recent regulatory changes, are interpreted correctly. More information on Cuban travel requirements for U.S.-registered aircraft can be found at FAA, Department of Commerce and Department of Treasury websites. For more on what the Department of Commerce issued in July see the Federal Register Vol. 80, No. 140. Conclusion Cuba is still a long way from being a wide open environment for GA operators. While we anticipate regulatory requirements and operating hurdles to relax over time, the process will be slow. For operations traveling to Cuba in the near term, it's important to understand that regulations and restrictions remain in flux. Each GA trip to Cuba is different, and this will impact what is and what is not possible to accomplish. For any planned trip to Cuba, it's important to review all applicable regulations and obtain appropriate legal advice in order to maintain regulatory compliance. View original post: need-to-knowfilixzz3kcDnPKfA Follow us: @universalweathr on Twitter I universalweathr on Facebook 4 EFTA00714140 Aircraft and Vessels (AVS) Regulations Quote Title 15: Commerce and Foreign Trade SUBTITLE B: Regulations Relating to Commerce and Foreign Trade (Continued) CHAPTER VII: BUREAU OF INDUSTRY AND SECURITY, DEPARTMENT OF COMMERCE SUBCHAPTER C: EXPORT ADMINISTRATION REGULATIONS PART 740: LICENSE EXCEPTIONS 740.15 - Aircraft and vessels (AVS). This License Exception authorizes departure from the United States of foreign registry civil aircraft on temporary sojourn in the United States and of U.S. civil aircraft for temporary sojourn abroad; the export of equipment and spare parts for permanent use on a vessel or aircraft; and exports to vessels or planes of U.S. or Canadian registry and U.S. or Canadian Airlines? installations or agents. Generally, no License Exception symbol is necessary for export clearance purposes; however, when necessary, the symbol ?AVS? may be used. (a) Aircraft on temporary sojourn? (1) Foreign registered aircraft. An operating civil aircraft of foreign registry that has been in the United States on a temporary sojourn may depart from the United States under its own power for any destination, provided that: (i) No sale or transfer of operational control of the aircraft to nationals of a destination in Country Group E:1 (see Supplement No. 1 to this part) has occurred while in the United States; (ii) The aircraft is not departing for the purpose of sale or transfer of operational control to nationals of a destination in Country Group E:1 (see Supplement No. 1 to this part); and (iii) It does not carry from the United States any item for which an export license is required and has not been granted by the U.S. Government. (2) U.S. registered aircraft. (i) A civil aircraft of U.S. registry operating under an Air Carrier Operating Certificate, Commercial Operating Certificate, or Air Taxi Operating Certificate issued by the Federal Aviation Administration or conducting flights under operating specifications approved by the Federal Aviation Administration pursuant to 14 CFR part 129 of the regulations of the Federal Aviation Administration, may depart from the United States under its own power for any destination, provided that: (A) The aircraft does not depart for the purpose of sale, lease or other disposition of operational control of the aircraft, or its equipment, parts, accessories, or components to a foreign country or any national thereof; (B) The aircraft's U.S. registration will not be changed while abroad; (C) The aircraft is not to be used in any foreign military activity while abroad; and (D) The aircraft does not carry from the United States any item for which a license is required and has not been granted by the U.S. Government. (ii) Any other operating civil aircraft of U.S. registry may depart from the United States under its own power for any destination, except to a destination in Country Group E:1 (see Supplement No. 1 to this part) (flights to these destinations require a license), provided that: (A) The aircraft does not depart for the purpose of sale, lease or other disposition of operational control of the aircraft, or its equipment, parts, accessories, or components to a foreign country or any national thereof; (B) The aircraft's U.S. registration will not be changed while abroad; (C) The aircraft is not to be used in any foreign military activity while abroad; (D) The aircraft does not carry from the United States any item for which an export license is required and has not been granted by the U.S. Government; and (E) The aircraft will be operated while abroad by a U.S. licensed pilot, except that during domestic flights within a foreign country, the aircraft may be operated by a pilot currently licensed by that foreign country. 5 EFTA00714141 (3) Criteria. The following nine criteria each must be met if the flight is to qualify as a temporary sojourn. To be considered a temporary sojourn, the flight must not be for the purpose of sale or transfer of operational control. An export is for the transfer of operational control unless the exporter retains each of the following indicia of control: (i) Hiring of cockpit crew. Right to hire and fire the cockpit crew. (ii) Dispatch of aircraft. Right to dispatch the aircraft. (iii) Selection of routes. Right to determine the aircraft's routes (except for contractual commitments entered into by the exporter for specifically designated routes). (iv) Place of maintenance. Right to perform or obtain the principal maintenance on the aircraft, which principal maintenance is conducted outside a destination in Country Group El. (see Supplement No. 1 to this part), under the control of a party who is not a national of any of these countries. (The minimum necessary in-transit maintenance may be performed in any country). (v) Location of spares. Spares are not located in a destination in Country Group E:1 (see Supplement No. 1 to this part). (vi) Place of registration. The place of registration is not changed to a destination in Country Group E:1 (see Supplement No. 1 to this part). (vii) No transfer of technology. No technology is transferred to a national of a destination in Country Group El. (see Supplement No. 1 to this part), except the minimum necessary in transit maintenance to perform flight line servicing required to depart safely. (viii) Color and logos. The aircraft does not bear the livery, colors, or logos of a national of a destination in Country Group E:1 (see Supplement No. 1 to this part). (ix) Flight number. The aircraft does not fly under a flight number issued to a national of a destination in Country Group E:1 (see Supplement No. 1 to this part) as such a number appears in the Official Airline Guide. Unquote Amendment License Exception Aircraft, Vessels and Spacecraft (AVS) The removal of Cuba from Country Group E:1 implicates only paragraph (a) of License Exception Aircraft, Vessels and Spacecraft (AVS) in § 740.15 because only paragraph (a), which authorizes aircraft on temporary VerDate Sep<11>2014 15:06 Jul 21, 2015 Jkt 235001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR \ FM \ 22JYRLSGM 22JYR1 Lhorne on DSK7TPTVN1PROD with RULES 43316 Federal Register / Vol. 80, No. 140 / Wednesday, July 22, 2015 / Rules and Regulations sojourn, is authorized for Cuba in § 746.2 of the EAR. Since Cuba is no longer in Country Group E:1, Cuba is no longer subject to the following restrictions: • Paragraph (a)(1)(i), which prohibits use of AVS for foreign registered aircraft that were transferred to a national of a country in Country Group E:1 while in the United States; • Paragraph (a)(1)(ii), which prohibits use of AVS for foreign registered aircraft that are departing the United States for purpose of transfer to a national of a country in Country Group E:1; • Paragraph (a)(2)(ii), which prohibits use of AVS for U.S. registered aircraft that are not operating under an Air Carrier Operating Certificate, Commercial Operating Certificate or Air Taxi Operating Certificate from using AVS for temporary sojourns to a country in Country Group E:1; • Paragraph (a)(3)(iv), which prohibits principal maintenance in Country Group E:1 or right to control the principal place of maintenance by a national of a country in Country Group E:1; • Paragraph (a)(3)(v), which prohibits location of spares in a destination in Country Group E:1; • Paragraph (a)(3)(vi), which prohibits changing the place of registration to a destination in Country Group E:1; • Paragraph (a)(3)(vii), which prohibits transfer of technology to a national of a country in Country Group E:1; • Paragraph (a)(3)(viii), which prohibits aircraft bearing livery, colors or logos of a national of a country in Country Group E:1; and • Paragraph (a)(3)(ix), which prohibits flying under a flight number issued to a national of a country in Country Group E:1. 6 EFTA00714142 Attachment 1 Passenger Certification of Eligibility for Cuba Travel Each passenger must personally complete and sign this certification form before (Air Carrier) may transport him or her between the United States and Cuba. You may not sign this form on behalf of someone else, except as a parent/legal guardian on behalf of a child under 18 years of age. Passenger Certification I plan to travel to and from Cuba for purposes other than tourism. I have identified below which General License or Special License of the U.S. Treasury Department s Office of Foreign Assets Control (OFAC) authorizes my travel. 1. My Travel Is Authorized by General License If Yes, check here: If No, check here: Please identify by a check mark any General License that authorizes your planned trip. 1. Family visits (31 C.F.R. § 515.561) 2. Official business of the U.S. government, foreign governments, and certain intergovernmental organizations (see 31 C.F.R. § 515.562) 3. Journalistic activity (31 C.F.R. § 515.563) 4. Professional research and professional meetings (31 C.F.R. § 515.564) 5. Educational activities (31 C.F.R. § 515.565) 6. Religious activities (31 C.F.R. § 515.566) 7. Public performances, clinics, workshops, athletic, and other competitions, and exhibitions (31 C.F.R. § 515.567) 8. Support for the Cuban people (31 C.F.R. § 515.574) 9. Humanitarian projects (31 C.F.R. § 515.575) 10. Activities of private foundations or research or educational institutes (31 C.F.R. § 515.576) 11. Exportation, importation, or transmission of information or informational materials (31 C.F.R. § 515.545) 12. Certain export transactions that may be considered for authorization under existing Department of Commerce regulations and guidelines with respect to Cuba or engaged in by U.S.-owned or -controlled foreign firms (31 C.F.R. §§ 515.533 and 515.559). If your travel is not authorized by one of the General License categories given above, you may apply to OFAC for a Specific License (31 CFR § 515.561(b) et al.). If you have received a Specific License, please provide the information requested below, and attach a copy of your Specific License to this form. 2. My Travel Is Authorized by Specific License License It: Date Issued: (Please attach a copy to this certification) 7 EFTA00714143 Passenger Certification I certify that the information provided in this Passenger Certification (and in any attachments) is truthful and accurate to the best of my knowledge, information, and belief. Signature: Name: Address: Phone: Date: Acknowledgement of Air Carder acknowledges receiving this completed and signed Passenger Certification. Signature: Name: Title: Phone: Date: Universal Weather and Aviation, Inc. acknowledges receiving this completed and signed Passenger Certification. Signature: Name: Title: Phone: Date: Trip tt: Additional Information Carrier and Universal encourages you to consider the following issues as part of your personal travel planning. You may wish to consult with your attorney on these and other issues relating to Cuba travel. Travel Schedules OFAC requires each traveler to maintain a full-time schedule of their activities under the General License category that authorizes the travel (31 CFR § 515.563(2) et al.). Your travel schedule may not include engaging in tourist activities while not otherwise occupied in the authorized travel activities (31 CFR § 515.563(2) et al. and § 515.560(f)) et al.). Permissible Transactions in Cuba Expenditures for lodging, meals, and other living expenses are generally permitted by OFAC. However, there are certain restrictions and limitations on purchasing goods in Cuba for importation to the US. (31 CFR § 515.560(c)). OFAC prohibits expenditures for tourist travel in Cuba (31 CFR § 515.560(c) (f). U.S. financial institutions may have restrictions on the use of certain credit cards or other forms of payment in Cuba. Please consult with your financial institution before your trip. Records Retention Please keep a copy of this Passenger Certification form, along with copies of all documentation of your transactions subject to OFAC regulations, including your itinerary. OFAC requires that each passenger retain these records for five years, and that the records be provided to OFAC on request (31 CFR § 515.560(g) et al.; 31 CFR § 501.601-501.602). OFAC also requires that Carrier and Universal retain a copy of this Passenger Certification for five years (31 CFR § 515.572(b)). For Further Reference US Department of the Treasury FAQ Related to Cuba: httos://www.treasurv.goviresource- centethanctions/Programs/Documents/cuba faqs new.pdf OFAC Legal Library on Cuba Sanctions, Including 31 C.F.R. Part 515 regulations and various other documents: https://www.treasury.gov/resource-center/sanctions/Programs/Pages/cuba.aspxglegal US State department facts, embassy contacts, safety tips, and other information: https://travel.state.govicontent/passports/en/country/cuba.html 8 EFTA00714144 Attachment 2 Universal Weather and Aviation, Inc. Cuba BIS Certification Form — General License: This certification will confirm that (Operator Name) is authorized to travel to Cuba under License Exception Aircraft, Vessels and Spacecraft (AVS) pursuant to EAR (15CFR 740.15) Name Phone Number Address I certify that the above information is true and correct Signature: Date: Chief Pilot Signature: Date: Universal Weather and Aviation, Inc. Representative 9 EFTA00714145 Attachment 3 Universal Weather and Aviation, Inc. Cuba Traveler Certification Form — BLANKET CERTIFICATION (AIR AMBULANCE CLIENTS ONLY) General License: I understand that under current U.S. travel restrictions with respect to Cuba, travel related transactions are prohibited unless authorized and that by signing my name, I am declaring that I and the crew of the N-registered aircraft stated below are authorized to travel or send remittances to Cuba under the following general license as set forth in 31 CFR § 515.560: Humanitarian projects (§ 515.575); AIR AMBULANCE CERTIFICATION [Name of Company] agrees to screen all passengers against the U.S. Government list of Specially Designated Nationals (SDNs) or any other U.S. Government denied parties list. We also agree we will not engage in any transaction with any individual or entity that the U.S. Government has designated as an SDN or other denied party. CREW CERTIFICATION Chief Pilot Date of Birth Phone Number Address Aircraft Registry I certify that the above information is true and correct. Signature: Date: Chief Pilot Signature: Date: Universal Weather and Aviation, Inc. Representative This Blanket Certification is valid for one (1) year from the date of execution by Universal Weather and Aviation, Inc. August 2015 10 EFTA00714146 Attachment 4 Cuba APIS Cuba APIS submission is required in advance of operations for all inbound crew and passengers. Universal is able to submit the inbound Cuba APIS information on your behalf. If this service is required please provide the following information for all crew and passengers: o Full name as it appears on passport o Date of birth o Country of birth o Gender o Passport number, expiration date and issuing country 11 EFTA00714147 Attachment S Contacts For more information please see the contact details for the respective US governments below. Office of Foreign Assets Control (OFAC) US Department of Treasury 1500 Pennsylvania Avenue Washington, DC 20220 Tel: 202-622-2480 Bureau of Industry and Security (BIS) US Department of Commerce 1401 Constitution Ave., NW Washington, DC 20230 Tel: (202) 482-4252 12 EFTA00714148