On October 15, 2019, the Department of Commerce (DOC) amended the Export Administration Regulation (EAR) to further restrict the export and reexport of items to Cuba. The changes create a new general policy of denial for any leases of aircrafts to Cuban state-owned airlines, and clarifies that aircrafts and vessels are not eligible for the Aircraft, Vessels and Spacecraft License Exception if leased or chartered by a Cuban national. Another change is that goods exported to Cuba are now subject to a 10 percent "de minimis rule," which applies to foreign-made goods that contain greater than 10 percent of U.S.-origin content. Under the de minimis rule, a license or license exception is required to export these goods to Cuba. The new rule also amends the License Exception Support for the Cuban People to 1) exclude items donated to organizations administered or controlled by the Cuban government or communist party; 2) clarify that the telecommunications infrastructure exception only applies to individuals and the private sector (i.e., not Government entities or state-run hotels); and 3) eliminates an authorization that allowed for the export of free promotional items to Cuba.
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