October 21, 2019
On October 21, BIS amended the Export Administration Regulations to place further restrictions on exports and reexports of items to Cuba. With these changes BIS:
- established a general policy of denial for leases of aircraft to Cuban state-owned airlines;
- clarified that aircraft and vessels are not eligible for License Exception Aircraft and Vessels (AVS) if they are leased to or chartered by a national of Cuba;
- established a 10% de minimis level for Cuba; and
- revised License Exception Support for the Cuban People (SCP) to make the Cuban government and communist party ineligible for certain donations and telecommunications and promotional items.
These amendments to the EAR align with the Trump administration’s policies outlined in the National Security Presidential Memorandum on Strengthening the Policy of the United States Toward Cuba, signed by the President in June of 2017. Additional BIS guidance on exports and reexports to Cuba is available here.
For more information on how these could impact your business, contact:
- Martin Lutz, Partner (mlutz@mcginnislaw.com, 512-495-6024)
- Lindsey Roskopf, Attorney (lroskopf@mcginnislaw.com, 713-615-8534)
- or another member of the McGinnis Lochridge International Trade and Transactions Practice Group