supporting CFR

U.S. Customs and Border Protection, DHS; Treasury
a reasonable opportunity to correct
such noncompliance.
(b) Notice and appeal. The Assistant
Commissioner, Office of Field Operations, shall suspend or remove participants from the ACSPP by serving notice of the proposed action upon the
carrier in writing. The notice shall be
in the form of a statement specifically
setting forth the grounds for suspension or removal and shall provide the
carrier with notice that it may file a
written notice of appeal from suspension or revocation within 10 days following receipt of the notice of revocation or suspension. The notice of appeal shall be filed in duplicate to the
office of the Assistant Commissioner,
Field Operations, and shall set forth response of the carrier to the statement
of the Assistant Commissioner.
(c) Notice of decision. The Assistant
Commissioner, Office of Field Operations, shall notify the participating
carrier in writing of the decision concerning continued participation in the
program.
(d) Use of uniform criteria. When making any determination regarding a carrier’s participation or continuation in
the ACSPP, the Assistant Commissioner, Office of Field Operations, shall
employ a uniform standard of performance and evaluation.
[T.D. 91–25, 56 FR 12347, Mar. 25, 1991, as
amended by T.D. 91–77, 56 FR 46115, Sept. 10,
1991; T.D. 99–27, 64 FR 13675, Mar. 22, 1999]

Subpart S—Access to Customs
Security Areas
SOURCE: T.D. 90–82, 55 FR 42557, Oct. 22,
1990, unless otherwise noted.

§ 122.181 Definition of Customs security area.
For purposes of this section, the term
‘‘Customs security area’’ means the
Federal inspection services area at any
airport accommodating international
air commerce designated for processing
passengers, crew, their baggage and effects arriving from, or departing to,
foreign countries, as well as the aircraft deplaning and ramp area and
other restricted areas designated by
the port director. These areas will be
posted as restricted to the extent possible and are established for the pur-

§ 122.182

pose of prohibiting unauthorized entries or contact with persons or objects.
[T.D. 90–82, 55 FR 42557, Oct. 22, 1990, as
amended by T.D. 02–40, 67 FR 48984, July 29,
2002]

§ 122.182 Security provisions.
(a) Customs access seal required. With
the exception of all Federal and uniformed State and local law enforcement personnel and aircraft passengers
and crew, all persons located at, operating out of, or employed by any airport accommodating international air
commerce or its tenants or contractors, including air carriers, who have
unescorted access to the Customs security area, must openly display or
produce upon demand an approved access seal issued by Customs. The approved Customs access seal must be in
the possession of the person in whose
name it is issued whenever the person
is in the Customs security area and
must be used only in furtherance of
that person’s employment in accordance with the description of duties submitted by the employer under paragraph (c)(1) of this section. The Customs access seal remains the property
of Customs, and any bearer must immediately surrender it as provided in
paragraph (g) of this section or upon
demand by any authorized Customs officer for any cause referred to in
§ 122.187(a). Unless surrendered pursuant to paragraph (g) of this section or
§ 122.187, each approved Customs access
seal issued under paragraph (c)(1) of
this section will remain valid for 2
years from January 1, 2002, in the case
of a Customs access seal issued prior to
that date and for 2 years from the date
of issuance in all other cases. Retention of an approved Customs access
seal beyond the applicable 2-year period will be subject to the reapplication provisions of paragraph (c)(2) of
this section.
(b) Employers responsibility. Employers operating in Customs airport security areas shall advise all employees of
the provisions of the Customs regulations relative to those areas, require
employees to familiarize themselves
with those provisions and insure employee compliance. The employer shall
also advise the port director of any

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§ 122.182

19 CFR Ch. I (4–1–11 Edition)

changes of employment pursuant to
§ 122.182(g).
(c) Application requirements—(1) Initial
application. An application for an approved Customs access seal, as required
by this section, must be filed by the applicant with the port director on Customs Form 3078 and must be supported
by a written request and justification
for issuance prepared by the applicant’s employer that describes the duties that the applicant will perform
while in the Customs security area.
The application requirement applies to
all employees required to display an
approved Customs access seal by this
section, regardless of the length of
their employment. The application
must be supported by the bond of the
applicant’s employer or principal on
Customs Form 301 containing the bond
conditions set forth in § 113.62, § 113.63,
or § 113.64 of this chapter, relating to
importers or brokers, custodians of
bonded merchandise, or international
carriers. If the applicant’s employer is
not the principal on a Customs bond on
Customs Form 301 for one or more of
the activities to which the bond conditions set forth in § 113.62, § 113.63, or
§ 113.64 relate, the application must be
supported by an Airport Customs Security Area Bond, as set forth in appendix A of part 113 of this chapter. The
latter bond may be waived, however,
for State or local government-related
agencies in the discretion of the port
director. Waiver of this bond does not
relieve the agency in question or its
employees from compliance with all
other provisions of this subpart. In addition, in connection with an application for an approved Customs access
seal under this section:
(i) The port director may require the
applicant to submit fingerprints on
form FD–258 or on any other approved
medium either at the time of, or following, the filing of the application. If
required, the port director will inform
the applicant of the current Federal
Bureau of Investigation user fee for
conducting fingerprint checks and the
Customs administrative processing fee,
the total of which must be tendered by,
or on behalf of, the applicant with the
application; and

(ii) Proof of citizenship or authorized
residency and a photograph may also
be required.
(2) Reapplication. If a person wishes to
retain an approved Customs access seal
for one or more additional 2-year periods beyond the 2-year period referred
to in paragraph (a) of this section, that
person must submit a new application
no later than 30 calendar days prior to
the start of each additional period. The
new application must be filed in the
manner specified in paragraph (c)(1) of
this section for an initial application,
and the port director may also require
the submission of fingerprints as provided in paragraph (c)(1)(i) of this section. The new application will be subject to review on a de novo basis as if
it were an initial application except
that the written attestation referred to
in paragraph (d) of this section will not
be required if there has been no change
in the employment of the applicant
since the last attestation was submitted to Customs.
(d) Background check. An authorized
official of the employer must attest in
writing that a background check has
been conducted on the applicant, to the
extent allowable by law. The background check must include, at a minimum, references and employment history, to the extent necessary to verify
representations made by the applicant
relating to employment in the preceding 5 years. The authorized official
of the employer must attest that, to
the best of his knowledge, the applicant meets the conditions necessary to
perform functions associated with employment in the Customs security area.
Additionally, the application may be
investigated by Customs and a report
prepared concerning the character of
the applicant. Records of background
investigations conducted by employers
must be retained for a period of one
year following cessation of employment and made available upon request
of the port director.
(e) Law Enforcement officers and other
governmental officials. Law enforcement
officers and other Federal, State, or
local officials whose official duties require access to the Customs security
area may request from the port director the issuance of an approved Customs access seal. They need not make

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U.S. Customs and Border Protection, DHS; Treasury
application nor submit to background
checks for security area access. An Airport Customs Security Area Bond is
not required.
(f) Replacement access seal. A new Custom access seal may be obtained from
the port director in the following circumstances, without the completion of
an additional application, except as determined by the port director in his
discretion:
(1) A change in employee name or address;
(2) A change in the name or ownership of the employing company;
(3) A change in employer or airport
authority identification card format;
or
(4) Loss or theft of the Customs access seal (see § 122.185 of this part).
(g) Surrender of access seal. Where the
employee no longer requires access to
the Customs security area for an extended period of time at the airport of
issuance due to a change in duties, termination of employment, or other reason, or where the 2-year period referred
to in paragraph (a) of this section expires and a new application under paragraph (c)(2) of this section has not been
approved, the employer shall notify the
port director in writing, at the time of
such change, and shall return the Customs access seal to Customs. The notification shall include information regarding the disposition of the approved
Customs access seal of the employee.
[T.D. 90–82, 55 FR 42557, Oct. 22, 1990, as
amended by T.D. 93–18, 58 FR 15773, Mar. 24,
1993; T.D. 02–40, 67 FR 48984, July 29, 2002; 67
FR 51928, Aug. 9, 2002]

§ 122.183 Denial of access.
(a) Grounds for denial. Access to the
Customs security area will not be
granted, and therefore an approved
Customs access seal will not be issued,
to any person whose access to the Customs security area will, in the judgment of the port director, endanger the
revenue or the security of the area or
pose an unacceptable risk to public
health, interest or safety, national security, or aviation safety. Specific
grounds for denial of access to the Customs security area include, but are not
limited to, the following:
(1) Any cause which would justify a
demand for surrender of a Customs ac-

§ 122.183

cess seal or the revocation or suspension of access under § 122.182(g) or
§ 122.187;
(2) Evidence of a pending or past investigation establishing probable cause
to believe that the applicant has engaged in any conduct which relates to,
or which could lead to a conviction for,
a disqualifying offense listed under
paragraph (a)(4) of this section;
(3) The arrest of the applicant for, or
the charging of the applicant with, a
disqualifying offense listed under paragraph (a)(4) of this section on which
prosecution or other disposition is
pending;
(4) A disqualifying offense committed
by the applicant. For purposes of this
paragraph, an applicant commits a disqualifying offense if the applicant has
been convicted of, or found not guilty
of by reason of insanity, or has committed any act or omission involving,
any of the following in any jurisdiction
during the 5-year period, or any longer
period that the port director deems appropriate for the offense in question,
prior to the date of the application submitted under § 122.182 or at any time
while in possession of an approved Customs access seal:
(i) Forgery of certificates, false
marking of aircraft, and other aircraft
registration violation (49 U.S.C. 46306);
(ii) Interference with air navigation
(49 U.S.C. 46308);
(iii) Improper transportation of a
hazardous material (49 U.S.C. 46312);
(iv) Aircraft piracy in the special aircraft jurisdiction of the United States
(49 U.S.C. 46502(a));
(v) Interference with flight crew
members or flight attendants (49 U.S.C.
46504);
(vi) Commission of certain crimes
aboard aircraft in flight (49 U.S.C.
46506);
(vii) Carrying a weapon or explosive
aboard aircraft (49 U.S.C. 46505);
(viii) Conveying false information
and threats (49 U.S.C. 46507);
(ix) Aircraft piracy outside the special aircraft jurisdiction of the United
States (49 U.S.C. 46502(b));
(x) Lighting violations involving
transportation of controlled substances
(49 U.S.C. 46315);
(xi) Unlawful entry into an aircraft
or airport area that serves air carriers

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