On Wednesday, the Bureau of Industry and Security amended the EAR to reflect the removal of Cuba from the list of state sponsors of terrorism. Somewhat surprisingly, the impact of this removal is much less than might be imagined.
Of most importance, even though Cuba is no longer on the list of State Sponsors of Terrorism, all items exported to Cuba will still either need a license or an applicable license exception. The biggest change is that, by removing Cuba from the E:1 country group, a few license exceptions relating to countries in that group will no longer apply.
First, certain aircraft (principally private civil aircraft not operating under certain FAA carrier certificates) will be able to use License Exception AVS for temporary sojourns to Cuba. Second, certain encryption items that were excluded from being taken by travelers to Cuba in their luggage will now be covered by License Exception BAG. Third, License Exception RPL can now be used to export replacement parts to Cuba for explosive detection equipment and concealed object detectors lawfully exported to Cuba.
If the change in RPL causes you to raise your eyebrows — explosive detection equipment and concealed object detectors in Cuba?! — settle down and take a deep breath. This is just CCL-ese for the stuff they use in airports to screen you and your luggage before you get on the plane. Nobody wants the real terrorists to target planes flying from Cuba, particularly now that they will have more Americans on them.