Operations to Cuba

FAR 91.709 — Operations to Cuba

FAR 91.709 sets the rules for flying a civil aircraft from the U.S. to Cuba: designated airport of entry, DVFR/IFR flight plan, and written notice to INS.

In Plain English

FAR 91.709 governs civil aircraft flights departing the United States bound for Cuba. Before you launch, two conditions must be met:

Departure airport: You must depart from an international airport of entry designated in 19 CFR 6.13 (the Bureau of Customs Air Commerce Regulations).
Flight plan and notice (from the 48 contiguous states or DC): The pilot in command must file:
- A DVFR or IFR flight plan under FAR 99.11 or 99.13, and
- A written statement, submitted within 1 hour before departure to the Immigration and Naturalization Service office at the departure airport, containing all flight plan information, the name and number of each occupant, and a description of any cargo.

This rule does not apply to scheduled air carriers operating on routes authorized in their FAA operations specifications.

Why it matters: Cuba sits inside an ADIZ, and U.S. customs, immigration, and national security interests require positive identification of every flight and everyone aboard. Skipping any step can mean interception, certificate action, or criminal penalties.

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Regulation Text

14 CFR § 91.709

§ 91.709 Operations to Cuba. 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)

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Oral Exam Questions a DPE Might Ask

Q1If you wanted to fly your private aircraft from Florida to Cuba, what departure airport requirements apply?

Per FAR 91.709(a), you must depart from an international airport of entry designated in 19 CFR 6.13 of the Bureau of Customs Air Commerce Regulations.

Q2What flight plan and notification requirements does FAR 91.709 place on the pilot in command for a flight to Cuba originating in the contiguous U.S.?

FAR 91.709(b) requires the PIC to file a DVFR or IFR flight plan under FAR 99.11 or 99.13, and to file a written statement with the INS office at the departure airport within 1 hour before departure.

Q3What information must be included in the written statement filed before a flight to Cuba?

Under FAR 91.709(b)(2), the statement must include all information in the flight plan, the name of each occupant, the total number of occupants, and a description of any cargo on board.

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