On January 10, 2020, the US Department of
Transportation (“DOT”) issued an order
imposing new restrictions on public charter flights from the United States to
Cuba. While certain US
restrictions on Cuba, including for travel, were relaxed under President Obama,
the Trump Administration has gradually rolled back some of these changes and
further tightened US travel restrictions vis-à-vis Cuba.
Specifically, the January 10 DOT order:
- Suspends all public charter flights to all airports in Cuba, except José Martí International Airport (HAV) in Havana effective March 10, 2020; and
- Limits the
number of authorized public charter flights between the
United States and HAV to 3,600 public charter flight per year (approximately
the same number of charter flights accepted in 2019). DOT intends to propose a regulatory framework
for carriers to apply for public charter flights to HAV. In the interim,
carriers and operators with existing authority can continue their services, but
DOT will not accept new or amended applications exceeding the current flight
levels.
DOT announced the changes at the request of
the US Secretary of State. In a letter
to the DOT, the US Secretary of State indicated that the additional restrictions
would “strengthen the impact of the Administration’s policy of applying
economic pressure on the Cuban regime to respect human rights and fundamental
freedoms for all in Cuba and to cease its unconscionable support for the
illegitimate and totalitarian regime of former President Maduro in Venezuela.” Please see here
for the US State Department’s press release on the DOT order.
This latest action by the Administration
comes a few months after the Administration banned all scheduled US carrier
flights to all Cuban cities except Havana.
See our blog post on the DOT’s previous order here.
Author
Kerry B. Contini
Ms. Contini focuses her practice on export controls, trade sanctions, and anti-boycott laws. This includes advising US and multinational companies on trade compliance programs, risk assessments, licensing, review of proposed transactions and enforcement matters. Ms. Contini works regularly with companies across a wide range of industries, including the pharmaceutical/medical device, oil and gas, and nuclear sectors.
Author
Inessa Owens
Inessa Owens is an associate in the Washington, D.C. office and member of the Firm’s International Trade practice group. She focuses on outbound trade compliance issues, including compliance with the Export Administration Regulations, anti-boycott rules, and economic sanctions administered by the US Treasury Department’s Office of Foreign Assets Control, including those targeting Cuba, Iran, North Korea, Syria, and Russia. She has worked with clients in diverse industries that include finance, pharmaceuticals, and energy.
Author
Laura Klick
Laura Klick is a US-qualified Associate in Baker McKenzie's London office, where she advises on a variety of trade and compliance matters involving US, UK, and EU export controls and economic sanctions. Laura regularly counsels individuals and multinational corporations on compliance, licensing, and enforcement matters involving the US Treasury, State, and Commerce Departments and assists clients in understanding and navigating the complex regulatory regime governing international trade and investment.
Author
Alexander Matthews
Alex primarily works with transportation industry clients on transactional, public policy and regulatory matters, including before the US DOT, FAA, CBP, TSA and NTSB. Alex represents domestic and foreign air carriers, airport operators, airport sponsors, technology companies and drone/unmanned aircraft system stakeholders. He has experience handling regulatory counsel for transportation industry transactions, DOT and FAA authorization matters, antitrust immunity proceedings, rulemakings and policy changes, consumer protection issues, and regulatory enforcement matters. Alex also advises on federal and state public policy and government relations.
