14 Cuba
Five equal horizontal bands of blue (top, center, and bottom) alternating with white. A red equilateral triangle based on the hoist side bears a white, five-pointed star in the center; the blue bands refer to the three old divisions of the island: central, occidental, and oriental; the white bands describe the purity of the independence ideal. The triangle symbolizes liberty, equality, and fraternity, while the red color stands for the blood shed in the independence struggle. The white star, called La Estrella Solitaria (the Lone Star) lights the way to freedom and was taken from the flag of Texas.
Flag courtesy of the CIA World Factbook
Part of the Fusterlandia labyrinth in the Fusterlandia neighborhood of Havana. Fusterlandia is an expanding mosaic project begun by Jose Fuster in 1975 that has transformed a run-down fishing community into an artistic haven.
Photo courtesy of the CIA World Factbook
Government
According to Britannica, Cuba is a unitary socialist republic. The government is totalitarian, exercising direct control or influence over most facets of Cuban life. From 1959 to 2008, Fidel Castro was the chief of state and head of government. He also served as first secretary of the Communist Party of Cuba and commander in chief of the armed forces. In February 2008 he formally relinquished power to his brother, Raúl Castro, who stepped down from the presidency in April 2018 and retired as first secretary three years later. The country had been governed under the constitution of 1976, which superseded revolutionary legislation that was enacted after the constitution of 1940 had been suspended. The 1976 constitution was slightly amended in 1992 and 2002 and then more significantly altered in 2019. Under the constitution, legislative authority rests with the National Assembly of People’s Power, whose more than 600 members serve five-year terms. The number of seats in the assembly has grown steadily, corresponding to the population of the provinces and municipalities. The National Assembly in its brief, twice-yearly sessions appoints the Council of State, which is headed by the president. The Council of State remains in session throughout the year and issues laws in the form of decrees. Elected by the National Assembly of People’s Power from among its representatives, the president is limited to two consecutive five-year terms of office and must be under age 60 when elected to the first term. The president appoints a Council of Ministers (cabinet) and a prime minister to preside over it. The Council of Ministers constitutes the government of the republic and carries on the daily administration of the country.
Cuba is divided into 15 provincias, one municipio especial (“special municipality”; Juventud Island), and, within the 15 provinces, 168 municipios (“municipalities”). Delegates to municipal assemblies are elected to terms of five years by universal suffrage. They, in turn, elect provincial governors upon the proposal of the president to serve five-year terms. Provincial governors preside over provincial councils made up of a deputy governor, the presidents and vice presidents of the municipal assemblies, and the municipal mayors. The national government and the Communist Party heavily influence municipal and provincial affairs. Local governments lack independent funding and have little capacity to implement proposals autonomously. In most cases their areas of responsibility overlap those of the national ministries.
The justice system is subordinate to the legislative and executive branches of government. It is headed by the People’s Supreme Court, the magistrates and lay judges of which are elected by the National Assembly or by the Council of State. Its jurisdiction includes theft, violent crime, and offenses involving state security, the military, and the workplace (including labour practices). The provincial courts deal with cases that warrant sentences of up to six years’ imprisonment. Below the provincial courts are municipal courts, which are usually the courts of first appeal. The National Assembly may recall judges at any time.
Most trials are public, except for many military tribunals and cases involving political dissent. There are no trials by jury. The police often detain political dissenters, and those who are deemed “counterrevolutionary” or anti-socialist may be denied due process. Prison conditions in Cuba are as harsh as in most other countries in the region, and many prisoners suffer from malnutrition and disease. There are separate prisons for women and youths, but political prisoners are often grouped with violent offenders. Cuba has carried out the death penalty for some offenses, including drug trafficking.
Civil / National Aviation Authority (CAA/NAA)
The Institute of Civil Aeronautics of Cuba establishes and controls the civil aeronautics policy, elaborates, and regulates the Cuban Aeronautical Regulations with effect on the national territory and its airspace, based on the ICAO requirements. The institution is focused on people, companies and institutions that use air transportation in any of its variants. The country needs air transportation to achieve development, and this must have the guarantee of safety and efficiency. They exercise authority through aeronautical inspection, regulation, control, certification, and validation in the Civil Aeronautics System. They generate knowledge from scientific research, for which they have a group of professional experts in aeronautics. The fundamental objective of the IACC is the identification of risks and the prevention of accidents to maintain the security of the country.
Airspace
SkyVector – Google Maps – ADS-B Exchange
ICAO countries publish an Aeronautical Information Publication (AIP). This document is divided into three parts: General (GEN), En Route (ENR) and Aerodromes (AD). ENR 1.4 details the types of airspace classes they chose to adopt from classes A through G. Cuba Airspace
Drone Regulations
Regulations are not in English.
This document, however, is translated below.
GOC-2021-602-O70 Translated into English by Google
Translations
Translations of any materials into English are intended solely as a convenience to the public and are not legally binding. The author has merely attempted to provide a Google translation of the original material to English for convenience. Due to the nuances in translating to a foreign language, several differences may exist so before using for any work or pleasure please have the document translated by a professional service!
I LET YOU KNOW: That the Council of Ministers has considered the following:
WHEREAS: The Constitution of the Republic of Cuba establishes that the State Cuban exercises its sovereignty over the airspace of the entire national territory and, in accordance with this, Law No. 1318, of November 27, 1976, regulates the organization, planning and control of flights over the territory and Flight Information Region of the Republic of Cuba.
WHEREAS: The constant technological evolution of unmanned aircraft has fostered its use in society by natural and legal persons, with risks to the air navigation, national security, the use of the radio electric spectrum and privacy and
integrity of people, which makes it necessary to regulate the use of these means in the territory of the Republic of Cuba and in the Flight Information Region assigned to it.
THEREFORE: The Council of Ministers, in the exercise of the powers conferred in Article 137, paragraph o), of the Constitution of the Republic of Cuba, decrees the following:
CHAPTER I
GENERAL
2. An unmanned aircraft is defined as an aircraft intended to fly without a pilot at on board, includes those piloted remotely.
2. The Institute of Civil Aeronautics of Cuba is the one that executes the functions related to the exercise of the Aeronautical Authority, on behalf of the Ministry of the Transportation, for the purposes of compliance with this Decree.
2. Unmanned aircraft for model airplane use are considered to be those that are intended for recreational or sports use exclusively by Club members of Aviation of Cuba.
3. Unmanned aircraft for use in aerial work are considered to be those that are used in specialized services, in the interest of agriculture, construction, mapping, event filming, observation and patrol, search and rescue, aerodrome inspection, fight against bird hazards, aerial advertisements, new programs and other ways of capturing images.
aircraft, as well as for the manufacture, maintenance, employment and provision of services associated with it.
one is competent, as specified in this Decree, for the employment, importation, export and manufacture of unmanned aircraft, its components, parts and pieces.
OF THE USE OF UNMANNED AIRCRAFT
a) Registration certificate;
b) certificate of airworthiness; Y
c) remote pilot license.
Article 9. The Aeronautical Authority, in relation to unmanned aircraft is in charge of the following:
a) Issue the documents that accredit the use of unmanned aircraft in aerial work and approve the rates, requirements and deadlines for it;
b) determine and control the structural organization of registrations, cancellations and casualties from unmanned aircraft;
c) provide advice on obtaining the liability insurance policy for damages to third parties that could be caused during the flight; and
d) establish any other aspect that is necessary to record in the documents of accreditation for the use and operation of said means.
SECOND SECTION Applications, authorization and employment in aerial work
Article 10. Aerial work that is required to be carried out in the country with non-aircraft
Manned boats are contracted by the natural or legal persons interested in the GEOCUBA Business Group and the entities that comprise it.
Article 11.1. Prior to carrying out aerial work, the Business Group GEOCUBA and the entities that comprise it request authorization from the units of the Ministry of the Revolutionary Armed Forces, according to the procedure that
establish said body.
2. Obtained the authorization for aerial work, the GEOCUBA Business Group and the entities that comprise it in charge of providing the service request the National Center Joint Flight Planning the specific flight of the unmanned aircraft on day prior to its completion, before twelve (12:00) hours, for its inclusion in the Plan Flight Journal of the Republic of Cuba and from eighteen (18:00) hours on the same day that the authorization to fly is granted, the applicant confirms it together with the requirements for its execution.
Article 12.1. Model aircraft activities are requested by the authorized authorities of the Cuban Aviation Club to the joint national or regional centers of Flight planning for its execution in the approved flight zones, according to with the provisions of current legislation.
2. The Aeronautical Authority coordinates with the authorized authorities of the Ministry of the Revolutionary Armed Forces and other competent bodies, regarding the authorizations for the practice of model airplanes outside the approved flight zones, as well as such as the designation, modification or extinction of these zones, in accordance with the provisions in current legislation.
FOURTH SECTION Of the restrictions
Article 13. To the operators, during the use of unmanned aircraft for work air, the following restrictions apply:
a) Carry out the flight over concentrations of people, public acts and at times nocturnal without authorization;
b) fly in military zones less than eight (8) kilometers around the airports, airstrips and other areas that are particularly provided by the empowered authorities;
c) make technical modifications to unmanned aircraft with alteration of the certified parameters;
d) transport people, animals, substances or dangerous objects on aircraft;
e) carry out the flight for the purpose of capturing images for photography, filming, recording, or other similar activities without the stated permission;
f) cause interference to radio signals;
g) interfere, observe or disturb the private life of other people, as well as in their activities, property or belongings without your consent;
h) attack and collide aircraft or objects of various kinds during the flight;
i) Simultaneously operate more than one unmanned aircraft;
j) carry out the flight without having obtained the corresponding authorization from the authority empowered;
k) make the flight to carry out an activity other than the one authorized;
l) any other activity that is harmful to air navigation, national security, the use of the radio spectrum and the privacy and integrity of people.
Article 14. To the operators that use unmanned model airplanes, the following restrictions apply to them:
a) Carry out the flight over concentrations of people, public acts, vehicular traffic routes and recreational centers;
b) carry out the flight in abnormal and unstable weather conditions or at night, which affect the visualization of the environment and its safe operation;
c) fly in military zones and with special regulations less than eight (8) kilometers around the airports (air strips) and other areas that are particularly provided by the authorized authorities;
d) make technical modifications or add devices to aircraft;
e) interfere, observe or disturb the private life of other people, as well as in their activities, property or belongings without your consent;
f) cause interference to radio signals;
g) any other provided by the authorized authorities.
OF IMPORT AND EXPORT
Article 15. The Minister of Foreign Trade and Foreign Investment regulates the
general procedures for granting and canceling foreign trade faculties,
as well as for the granting, adjustment, modification and cancellation of nomenclatures of
products for the import and export of unmanned aircraft, its components,
parts and pieces, and for the granting of eventual import and export permits
of them, by the entities that carry out foreign trade activities, provided that these
have the endorsement of mandatory consultation bodies.
SECOND SECTION Permissions, requests and control
Article 16.1. The GEOCUBA Business Group and the entities that comprise it, interested in importing or exporting unmanned aircraft that are used for aerial work, as well as their components, parts and pieces, request the Aeronautical Authority the corresponding permits, who grants them with the prior consent of the consulting bodies forced.
2. In the cases of applications for unmanned model airplanes and their components, parts and pieces, the permits for their import and export are granted by the Aeronautical Authority at the request of the President of the Cuban Aviation Club.
3. To natural and legal persons who intend to import or import export unmanned aircraft and its components, parts and pieces in violation of the conditions previously provided, the General Customs of the Republic, hereinafter Customs, proceeds to apply the corresponding administrative measure, according to the regulations customs.
Article 17.1. The Aeronautical Authority grants temporary import permits, for their subsequent re-export, of unmanned aircraft and their components, parts and pieces for aerial work and model airplanes by natural or legal persons
national or foreign, destined to be exhibited or used in fairs, exhibitions and other events of a technical, sports or cultural nature, in accordance with the regulations of this Decree, with the prior consent of the mandatory consultation bodies, and exercises the Control of the imported medium until its re-export.
2. Any other proposed use of the temporarily imported medium must be submitted to the evaluation and decision of said authority, with the prior consent of the obligatory consultation.
Article 18. Interested legal entities or their representatives coordinate with the Aeronautical Authority so that before being re-imported the temporarily exported unmanned aircraft, it is inspected and verified that the airworthiness characteristics that it owns are in accordance with the certificates that were issued to them for such purposes.
Article 19. Those authorized to import or export unmanned aircraft, their components, parts and pieces intended for aerial work and model airplanes, hire the services of entities that carry out foreign trade activities authorized to the
import and export of product nomenclatures of said aircraft.
Article 20. Upon entering or leaving the country of the unmanned aircraft and its components, parts and pieces the natural or legal person who holds the permission of import or export presents it to Customs as part of the Goods Declaration.
Article 21. The Aeronautical Authority establishes the procedures for processing the import and export permit for unmanned aircraft and its components, parts and pieces, in accordance with the provisions of this Section.
Article 22.1. Customs, in compliance with current customs regulations, provides for the retention and temporary custody of unmanned aircraft and its components, parts and pieces belonging to natural and legal persons who do not present the import or export permit, as appropriate.
2. In the event that the proper import or export authorization is not submitted to the customs authorities, proceed in accordance with the provisions of current legislation.
MANUFACTURING AND MAINTENANCE
Article 23. The Aeronautical Authority, with the prior consent of the consulting bodies obligated, authorizes the manufacture of unmanned aircraft and its components that are used for aerial work, which is carried out exclusively by the Group GEOCUBA Business and the entities that comprise it.
Article 24. The manufacture of unmanned model airplanes is carried out by the members of the Cuban Aviation Club prior authorization from the Aeronautical Authority.
Article 25.1. The Aeronautical Authority determines and verifies the programs of technical maintenance related to the guarantee of continued airworthiness of unmanned aircraft.
2. Those that undergo a substantial change that varies their flight characteristics and limitations due to maintenance actions or any other technical work, have to obtain a new certificate of airworthiness for the purposes of the provisions of
present Decree.
OF THE APPLICABLE MEASURES, INFRINGEMENTS, RESOURCES AND POWERED AUTHORITIES
FIRST SECTION Of the applicable measures and contraventions
Article 26. To natural and legal persons who contravene the provisions of this Decree or other regulatory provisions on unmanned aircraft,
The following measures are applicable to them:
a) Fine; is imposed according to the seriousness and nature of the contravention as the case may be, in the amount of two thousand (2,000) to five thousand (5,000) pesos;
b) temporary suspension of the certificate of airworthiness and the license of the remote pilot; available for a term from one month to one year, counted from from the date of occupancy;
c) cancellation of the certificate of airworthiness and the remote pilot’s license; it is available until the end of the validity period of the aforementioned documents;
d) the confiscation of the unmanned aircraft and its components; applies as accessory measure, due to risks or effects on air navigation, security national, to the use of the radio electric spectrum and to the privacy and integrity of the
people.
Article 27. Individuals or legal entities that repeat offenders may be increased the amount of the fine to be imposed up to fifty percent (50%), in accordance with the seriousness and nature of the violation.
Article 28.1. They constitute violations of the regulations on unmanned aircraft and the measure is imposed for the conduct indicated in each case, to which:
a) Carry out or allow the flight of the unmanned aircraft intended for aerial work without having registered in the corresponding Matriculation Registry, lacks accreditation documents, whether false or out of date: two thousand (2,000) pesos fine;
b) allow the unmanned aircraft to be operated without having the corresponding and duly updated insurance: two thousand (2,000) pesos as a fine;
c) manufacture or allow the manufacture or assembly of unmanned aircraft in facilities belonging to its entity, domicile or premises authorized for such purposes, without said production having been authorized by the competent authorities:
a fine of three thousand (3,000) pesos and the confiscation of the assets;
d) modify the technical characteristics or components of the unmanned aircraft without due authorization: a fine of two thousand (2,000) pesos, temporary suspension or the cancellation of the certificate of airworthiness and the pilot’s license to distance, with the obligation that the affected parameters be restored;
e) does not comply with the specific requirements or conditions obliged to comply during the flight: a fine of five thousand (5,000) pesos and the confiscation of the aircraft manned and its components;
f) carry out or allow the flight outside the areas and in unauthorized coordinates or modify the content of the requested aerial work, do not provide information to the competent authorities on the executed actions: three thousand (3,000) pesos fine or suspension of up to one year of the remote pilot’s license;
g) carry out or allow the execution of the flight while the operator is in a state of alcoholic intoxication or under the effects of ingestion of toxic drugs or hypnotic hallucinogenic substances: three thousand (3,000) pesos fine and suspension up to one year of the remote pilot’s license;
h) incurs or allows others to breach the restrictions established in the Article 13 of this Decree: five thousand (5,000) pesos of a fine and confiscation of the unmanned aircraft and its components;
i) incurs or allows others to breach the restrictions established in the Article 14 of this Decree: two thousand (2,000) pesos of a fine and the confiscation of the unmanned aircraft and its components;
j) allows an unmanned aircraft to carry out air operations without complying with maintenance in the manner established in the manuals or regulations corresponding: two thousand (2,000) pesos of a fine;
k) make or allow the performance of aerobatic exhibition, demonstration flights and technical tests without proper authorization: two thousand (2,000) pesos of a fine or the temporary suspension of the remote pilot’s license;
l) Execute or allow photographs, filming or any other forms of reproduction, in areas where air operations have been
limited, restricted or prohibited: five thousand (5,000) pesos of fine, the temporary suspension of the remote pilot’s license or the cancellation of the remote pilot license;
m) carry out the flight outside the radio frequency bands and approved powers: a fine of five thousand (5,000) pesos and the confiscation of the unmanned aircraft and its components; and
n) violates the flight regime or fails to comply with the Cuban Aeronautical Regulations: three thousand (3,000) pesos of a fine, the temporary suspension of the pilot’s license to distance or cancellation of the remote pilot’s license.
2. The measures imposed are applied without prejudice to civil, labor or penalty arising from the fact.
Article 29. The President of the Institute of Civil Aeronautics of Cuba and the State inspectors appointed by the Ministers of Transport and Communications, as far as each body is concerned.
SECOND SECTION Of the resources and authorities empowered for its solution
Article 30.1. The person to whom one of the measures contained in the this Decree may establish an appeal or amendment, as appropriate, before the President of the Institute of Civil Aeronautics of Cuba.
2. The appeal or amendment is filed in writing within the deadline five (5) business days from the date the measure was notified, exposing the generals of the plaintiff, the facts or reasons that support it, the date and signature.
3. The President of the Institute of Civil Aeronautics of Cuba resolves the appeal filed by resolution within fifteen (15) business days following its receipt, which is notified in writing to the claimant within three (3) business days following the date of the decision.
Article 31.1. The President of the Institute of Civil Aeronautics of Cuba is empowered to hear and resolve the appeal in cases where the measure is a fine and temporary suspension of the airworthiness certificate and the remote pilot’s license, imposed by the inspectors appointed by the Minister of Transport.
2. The reform is interposed by the measures of cancellation and confiscation, which imposes the President of the Institute of Civil Aeronautics of Cuba himself at the proposal of the designated inspectors, except when the violations are related to the use of the Radio electric spectrum.
Article 32. Against the resolution that dismisses the appeal, the persons natural or legal non-conforming may file an Appeal before the Minister of Transportation, within a period of ten (10) business days after the date of notification of the resolution, after having verified the existence of unknown facts or evidence at the time of applying the measure, who resolves it within thirty ( 30 days business days after receiving this; There is no other appeal against the decision adopted the administrative route and the judicial route is expedited.
Article 33. The disagreement of natural and legal persons with the measures imposed by the state inspectors of the Ministry of Communications related to the use of the radio spectrum, is processed in accordance with the specific legal provisions on this matter.
another act of ownership in favor of the GEOCUBA Business Group and the entities that they integrate, in correspondence with what is established in the current legislation.
BE PUBLISHED in the Official Gazette of the Republic of Cuba.
GIVEN at the Palace of the Revolution, in Havana, on the 18th day of the month of March
of 2021, “Year 63 of the Revolution”.
Manuel Marrero Cruz
MINISTRIES COMMUNICATIONS
GOC-2021-603-O70
RESOLUTION 67/2021
WHEREAS: Decree 34 “On unmanned aircraft”, of March 18, 2021, in its Fourth Final Provision establishes that the ministers of the Transportation, the Revolutionary Armed Forces, the Interior, Communications, Foreign Trade and Foreign Investment, Finance and Prices, as well as the Chief of the General Customs of the Republic of Cuba, to dictate, in its sphere of competence, as many provisions as may be necessary in compliance with said Decree.
WHEREAS: The constant technological evolution of unmanned aircraft has fostered its importation and use in society by natural and legal persons with use of the radio electric spectrum for its manipulation, for which it is necessary to regulate the use of radio frequencies and the power to be used by them.
THEREFORE: In the exercise of the powers conferred in Article 145, subparagraph d), of the Constitution of the Republic of Cuba,
RESOLVED
FIRST: Approve the use of the radio frequency band from 2 400 to 2 483.5 MHz to be used by unmanned aircraft in the radio control system with a power of up to 100mW.
SECOND: Approve the use of the radio frequency band from 5,725 to 5,875 MHz when unmanned aircraft use video transmission with a power up to 250mW.
THIRD: In the approved frequency bands they must use the techniques of broad spectrum.
FOURTH: The operator of unmanned aircraft is obliged to comply the specific legislation on the use of the radio electric and telecommunications spectrum.
FIFTH: The maximum permitted level of non-essential emissions produced by unmanned aircraft, comply with the corresponding provisions established for this type of emissions.
SIXTH: The operator of the unmanned aircraft cannot claim protection from emissions from other radio communication systems and devices, or of the radiations that can originate from industrial, scientific and medical equipment,
recognized to operate in the same frequency bands and their use.
SEVENTH: The natural or legal person that causes harmful interference to a radio communication on a primary or secondary basis, must suspend the operation and may resume it when the conflict has been resolved.
EIGHTH: Instruct the General Directorate of Communications, the Inspection Directorate, the Radio electric Spectrum Control Technical Budget Unit and the Territorial Control Offices, according to their functions, the adoption of pertinent measures to control compliance with the provisions of this Resolution.
SPECIAL PROVISION
UNIQUE: The use of values of frequencies, power and characteristics used by the unmanned aircraft that differs from what is expressed in the previous sections, require the authorization of the undersigned, who consults the National Frequency Commission, if necessary. The authorization granted requires the issuance of a license and the payment of this, according to current legislation.
NOTIFY the general directors of Communications and the Budgeted Technical Unit for Control of the Radio electric Spectrum, and the directors of Inspection and the territorial Control, all from the Ministry of Communications.
COMMUNICATE to the vice ministers and the Director of Regulations and Inspection, all from the Ministry of Communications.
BE PUBLISHED in the Official Gazette of the Republic of Cuba.
FILE the original in the Legal Department of the Ministry of Communications.
GIVEN in Havana, on the 15th day of April 2021, “Year 63 of the Revolution”.
Jorge Luis Perdomo Di-Lella
Minister
________________
REVOLUTIONARY ARMED FORCES
GOC-2021-604-O70
RESOLUTION 6/2021
WHEREAS: Decree 34 “On unmanned aircraft”, of March 18 of 2021, in its Fourth Final Provision empowers the undersigned to issue provisions necessary for your application.
WHEREAS: It is necessary to approve the procedures to authorize the use of unmanned aircraft in the airspace of the Republic of Cuba.
THEREFORE: In the exercise of the powers conferred by the Constitution of the Republic of Cuba in its Article 145, paragraph d),
RESOLVED:
SINGLE: Approve the following:
PROCEDURE TO AUTHORIZE THE USE OF UNMANNED AIRCRAFT IN THE AIRSPACE OF THE REPUBLIC OF CUBA
CHAPTER I OF THE OBJECT AND SCOPE
Article 1. This procedure is intended to establish the actions to be carried out by legal persons interested in obtaining authorization from the authorities authorities of the Ministry of the Revolutionary Armed Forces, for the use of
unmanned aircraft in the airspace of the Republic of Cuba.
CHAPTER II OF THE APPLICATION, AUTHORIZATION AND EMPLOYMENT OF UNMANNED AIRCRAFT IN AERIAL WORKS
Article 2.1. The GEOCUBA Business Group and the entities that comprise it, interested in using unmanned aircraft in aerial work within zones or spaces of a municipality or province, submit their requests to the chiefs of staff of the military regions of the territory in which the flights are to be carried out.
2. In cases where the areas to be overflighted belong to the province of La Havana or coincide with the territory of more than one Army, the applications are presented to the Second Chief of the General Staff Head of the Directorate of Operations of the Ministry of the Revolutionary Armed Forces.
Article 3.1. Requests are submitted in writing, within a period of no less than fifteen (15) business days prior to the completion of the specific flight; in these se report the following data:
a) Date of flight(s) and times of completion;
b) flight height(s), region or place where aerial work is carried out; are pointed out on a 1:50,000 or 1:100,000 scale map the corresponding coordinates on the WGS-84 system (in degrees, minutes and seconds);
c) type of aircraft to be used, entity or company that performs the flight;
d) synthesis or argument about the importance and interest of the activity to be carried out;
e) statement that the aircraft has the registration and airworthiness certificates, and that the remote pilot has the corresponding license;
f) flight participants;
g) official(s) of the organization or entity responsible during the flight;
h) List of technical means or equipment for aerial work during the flight;
i) signature of the legal representative of the applicant legal entity.
2. When the request does not meet the requirements set forth in this Resolution, the competent authority of the Ministry of the Revolutionary Armed Forces returns it within three (3) days of receiving it, with the corresponding markings.
Article 4. Aerial work that requires several days, stages, regions or ranges of different heights, are described in the application that is filed; in these cases the flight specific is requested for each day, as established.
Article 5. The competent authorities of the Ministry of the Revolutionary Armed Forces, during the analysis of the submitted requests, consult the heads of organizational units of the agency related to the nature of the aerial work to be performed requests; if applicable, variations and adjustments of dates or times are provided, as well as well as the requested flight routes, in order to guarantee the safety of air navigation, the appropriate use of the radio spectrum and the privacy and integrity of the people.
Article 6. The Second Chief of the General Staff Head of the Operations Directorate and the chiefs of staff of the military regions, as appropriate, approve or deny in writing the applications submitted, and for this purpose inform the
interested persons, five (5) calendar days prior to the date on which it is planned to carry out the specific flight.
Article 7. Once the authorization for aerial work has been obtained, the specific flight of the unmanned aircraft the day prior to its completion, in accordance with what is established in the current legislation.
Article 8. Legal persons authorized to carry out aerial work flights with unmanned aircraft are required to comply with the specific requirements established by the competent authorities of the Ministry of Forces.
Revolutionary Armies.
CHAPTER III OF EMPLOYMENT IN MODEL AIRCRAFT ACTIVITIES
Article 9. Model airplane activities are carried out in accordance with the procedures that are jointly established by the authorized authorities of the Anti-aircraft Defense and Revolutionary Air Force with the Institute of Civil Aeronautics of Cuba, to its compliance by the members of the Cuban Aviation Club.
Article 10. Applications to carry out model airplane activities in the areas of approved flights, are presented by authorized personnel of the Cuban Aviation Club to the National or Regional Joint Flight Planning Center, in correspondence with the established procedures.
Article 11. The Chief of the Anti-aircraft Defense and Revolutionary Air Force processes and approves applications for model airplane practices outside the flight areas approved, as well as the designation, modification or extinction of these zones, upon request of the competent authorities of the Institute of Civil Aeronautics of Cuba.
SPECIAL PROVISION
UNIQUE: Applications for employment in aerial work of unmanned aircraft imported on a temporary basis to be exhibited or used at fairs, exhibitions and other events of a technical, sporting or cultural nature are processed and executed through the entities integrated into the GEOCUBA Business Group.
FINAL DISPOSITION
SINGLE: Put this Resolution into force, thirty (30) calendar days after its publication in the Official Gazette of the Republic of Cuba.
BE PUBLISHED in the Official Gazette of the Republic of Cuba.
FILE the original of this Resolution in my Secretariat.
GIVEN in Havana, on the 20th day of the month of April of the year 2021, “Year 63 of the Revolution”.
FAR Minister
Army Corps General
Alvaro Lopez Miera
________________
TRANSPORTATION
GOC-2021-605-O70
RESOLUTION 137/2021
WHEREAS: Decree No. 34 “On unmanned aircraft”, dated 18
March 2021, establishes in its articles from 26 to 33 the contraventions, applicable measures, resources and authorities empowered for non-observance of the provisions that regulate the use of unmanned aircraft in the territory of the Republic of Cuba.
WHEREAS: It is necessary to establish the procedure and the authorities empowered under the provisions of Article 28 of the aforementioned Decree to impose the measures provided for in Article 27 of this legal provision.
THEREFORE: In the exercise of the powers conferred in Article 145, subparagraph e) of the Constitution of the Republic,
RESOLVED
SINGLE: Approve the following
PROCEDURE TO APPLY THE MEASURES FOR VIOLATION
DECREE No. 34
Article 1. The purpose of this procedure is to establish the actions of the state inspectors designated to enforce the measures for contravening the regulations on unmanned aircraft.
Article 2. This Procedure is applicable to natural and legal persons who contravene Decree No. 34 “On Unmanned Aircraft”, dated 18 March 2021, hereinafter the Decree, its complementary provisions and the Cuban Aeronautical Regulations, except for entities that strictly provide defense, State security and internal order services.
Article 3.1. They are designated to impose the measures for the commission of contraventions to regulations on unmanned aircraft to:
a) The inspectors of the Institute of Civil Aeronautics of Cuba;
b) Inspectors from the Directorate of State Inspection of Air Transport of the Office National State Transport Inspection, attached to the Ministry of Transport.
2. The inspectors are empowered to occupy the supporting documents for the use and retain the aircraft in the event of the anticipated infringing conduct.
Article 4. The designated state inspectors impose, immediately, the fine and temporary suspension of supporting documents from one month to one year, to persons that contravene the regulations on unmanned aircraft, according to the conducts described in the Decree.
Article 5.1. The measures for cancellation of supporting documents and confiscation of unmanned aircraft provided in the Decree, are imposed by the President of the Institute of Civil Aeronautics of Cuba, at the proposal of the designated state inspectors, except when the violations are related to the use of the spectrum radio electric, which has a period of thirty (30) business days from the date of knowledge and considers the evidence provided, the background or circumstances that these measures are warranted.
2. The measure is adopted by resolution, which is notified to the offender within the term three (3) business days after signing it.
Article 6. The acting inspector prepares a file to apply the measure of temporary suspension and propose cancellation and confiscation, stating the facts committed or their causes and presents it to the President of the Institute of Civil Aeronautics of Cuba, for the pertinent effects.
FINAL DISPOSITION
SINGLE: This Resolution enters into force thirty (30) calendar days after its publication in the Official Gazette of the Republic of Cuba.
BE PUBLISHED in the Official Gazette of the Republic of Cuba.
FILE the original in the Legal Department of this Ministry.
GIVEN in Havana, on the 30th day of April 2021, “Year 63 of the Revolution”.
Eduardo Rodriguez Davila
Minister
GOC-2021-606-O70
RESOLUTION 138/2021
WHEREAS: Decree No. 34 “On Unmanned Aircraft”, dated 18 of March 2021, establishes in its First Final Provision that the Minister of Transport is empowered to dictate, within the sphere of its competence, provisions that result
necessary for the application of this Decree.
THEREFORE: In exercise of the attribution that has been conferred on me in Article 145, paragraph e) of the Constitution of the Republic of Cuba,
RESOLVED
SINGLE: Approve the following:
PROCEDURE FOR SUBMITTING APPLICATIONS OF MANUFACTURE OF UNMANNED AIRCRAFT
Article 1. This procedure is complementary to Decree No. 34 “On the Unmanned Aircraft”, hereinafter the Decree; establishes the procedures for submit applications on the manufacture of unmanned aircraft.
Article 2. This Procedure is applicable to the GEOCUBA Business Group and to the entities that comprise it, and the Aviation Club of Cuba, in accordance with the provisions of the Decree, except for the manufacture of unmanned aircraft to be strictly used in service of defense entities, State security and internal order.
Article 3. The GEOCUBA Business Group and the entities that comprise it, and the Club de Aviación de Cuba, present the request in writing to the Aeronautical Authority authorization to manufacture unmanned aircraft, through a file with the following data:
a) Project with design, construction and operation characteristics;
b) security requirements;
c) limitations of operation or flight data.
Article 4. The file referred to in the preceding article is evaluated by the President of the Institute of Civil Aeronautics of Cuba, who within thirty (30) business days authorizes or denies the request, with the prior consent of the mandatory consultation bodies.
Article 5. The legal entity that is authorized by the Aeronautical Authority to carry out the manufacture of the unmanned aircraft, is obliged to comply with what is stipulated in the Cuban Aeronautical Regulations.
Article 6. The Institute of Civil Aeronautics of Cuba is empowered to verify, inspect and verify the manufacturing process of unmanned aircraft and if they are carried out in accordance with the Cuban Aeronautical Regulations, and order the stoppage of non conform to the technical specifications.
FINAL DISPOSITION
SINGLE: This Resolution enters into force thirty (30) calendar days after its publication in the Official Gazette of the Republic of Cuba.
BE PUBLISHED in the Official Gazette of the Republic of Cuba.
FILE the original in the Legal Department of this Ministry.
GIVEN in Havana, on the 30th day of April 2021, “Year 63 of the Revolution”.
Eduardo Rodriguez Davila
Minister
Advanced Air Mobility (AAM) Regulations & Policies
None found by the author.
However, should you, the reader, happen to stumble across something to the contrary, please email the author at FISHE5CA@erau.edu and you may be mentioned in the ACKNOWLEDGEMENTS section of this book by way of thanks for contributing to this free eBook!
Advanced Air Mobility (AAM) News
None found by the author.
However, should you, the reader, happen to stumble across something to the contrary, please email the author at FISHE5CA@erau.edu and you may be mentioned in the ACKNOWLEDGEMENTS section of this book by way of thanks for contributing to this free eBook!
Short Essay Questions
Question 1
You have been hired by a Drone Startup Company. Your boss has immediately assigned this job to you.
They need you to prepare a one-page memo detailing the legalities of using a drone in Fusterlandia, pictured above.
They need you to mention any national laws and local ordinances.
They specifically want to know what airspace you will be operating in and whether or not you need an airspace authorization.
Does it matter whether or not you are a citizen of the country?
Lastly, there is a bonus for you if, as you scroll through this chapter, you find any typos or broken links!
Question 2
Do you need a certificate to fly UAS?
If so, how do you obtain one?
Are there fees associated with this?
If so, how much?
Question 3
May you operate beyond visual line of sight?
If so, what procedures must you follow?
Question 4
Does the country have UAM/AAM laws? If so, describe, citing the exact law.
Question 5
Are you aware of any new laws or policies not mentioned above? If so, describe, citing the exact law or policy.
