(a) Application. All aircraft entering the U.S. from Cuba must give advance notice of arrival, unless it is an Office of Foreign Assets Control (OFAC) approved scheduled commercial aircraft of a scheduled airline.
(b) Procedure for giving advance notice of arrival. The commander of an aircraft covered by this section shall give the advance notice of arrival not less than one (1) hour before crossing the U.S. coast or border. Notice shall be given either:
(1) Through Federal Aviation Administration flight notification procedure (see International Flight Information Manual, Federal Aviation Administration); or
(2) Directly to the CBP officer in charge at the applicable airport authorized pursuant to Sec. 122.153.
(c) Contents of notice. The advance notice of arrival shall state:
(1) Type of aircraft and registration number;
(2) Name of aircraft commander;
(3) Number of U.S. citizen passengers;
(4) Number of alien passengers;
(5) Place of last foreign departure;
(6) Estimated time and location of crossing the U.S. coast or border; and
(7) Estimated time of arrival.
(d) Private Aircraft. In addition to these requirements, private aircraft must also give notice of arrival pursuant to Sec. 122.22 of this part. [T.D. 88-12, 53 FR 9292, Mar. 22, 1988, as amended by T.D. 99-71, 64 FR 53628, Oct. 4, 1999; CBP Dec. 08-43, 73 FR 68313, Nov. 18, 2008; CBP Dec. 11-05, 76 FR 5061, Jan. 28, 2011]