Case No. CU-2015-320828-1

Date issued: Nov. 30 2018

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TURBOFAC Commentary (247 words)


Notes:

1) The applicant is/was a company that chartered jets for trips to Cuba (and elsewhere) pursuant to the carrier services authorization at 515.572. The company evidently maintained “aircraft in Cuba,” and the question is whether travel to Cuba for the on-the-ground maintenance of aircraft in Cuba was authorized. OFAC appears to consider the answer to be “yes.” There appear to be two independent sources of authority. One is that “515.572(a)(5) of the CACR authorizes persons subject to U.S. jurisdiction to provide civil aviation safety-related services to Cuba and Cuban nationals, wherever located, to ensure the safety of civil aviation and the safe operation of commercial aircraft”. The other is that, to the extent the aircraft were exported to Cuba pursuant to 515.533 (covering items subject to the EAR), 515.533 authorizes...