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in exercising discretion under this section.
[T.D. 93–6, 58 FR 5604, Jan. 22, 1993; 58 FR
6574, Jan. 29, 1993, as amended by T.D. 96–57,
61 FR 39071, July 26, 1996]
§ 118.22 Notice of immediate suspension or proposed revocation and
cancellation action.
Adverse action pursuant to the provisions of § 118.21(a) or (b) is initiated
when the port director serves written
notice on the operator or entity selected to operate the CES. The notice
shall be in the form of a statement specifically setting forth the grounds for
the adverse action and shall inform the
operator of the appeal procedures
under § 118.23 of this part.
[T.D. 96–57, 61 FR 39071, July 26, 1996]
§ 118.23 Appeal to the Assistant Commissioner; procedure; status of CES
operations.
(a) Appeal to the Assistant Commissioner. Appeal of a port director’s decision under § 118.21(a) or (b) must be
filed with the Assistant Commissioner,
Office of Field Operations, within 10
calendar days of receipt of the written
notice of the adverse action. The appeal shall be filed in duplicate and
shall set forth the CES operator’s or
entity’s responses to the grounds specified by the port director in his written
notice letter for the adverse action initiated. The Assistant Commissioner,
Office of Field Operations, or his designee, shall render a written decision
to the CES operator or entity, stating
the reasons for the decision, by letter
mailed within 30 working days following receipt of the appeal, unless the
period for decision is extended with due
notification to the CES operator or entity.
(b) Status of CES operations during appeal. During this appeal period, an immediate suspension of a CES operator’s
or entity’s selection and written agreement pursuant to § 118.21(a) of this part
shall remain in effect. A proposed revocation of a CES operator’s or entity’s
selection and cancellation of the written agreement pursuant to § 118.21(b)(1)
through (5) of this part shall not take
effect unless the appeal process under
this paragraph has been concluded with
a decision adverse to the operator.
Pt. 122
(c) Effect of suspension or revocation.
Once a suspension or revocation action
takes effect, the CES operator must
cease CES operations. However, when
CES operations are suspended or revoked and cancelled by Customs, it is
the CES operator’s responsibility to
ensure that merchandise already at the
CES is properly consigned to another
location for inspection, as directed by
the importer and approved by the port
director.
[T.D. 96–57, 61 FR 39071, July 26, 1996]
PART 122—AIR COMMERCE
REGULATIONS
Sec.
122.0
Scope
Subpart A—General Definitions and
Provisions
122.1
122.2
122.3
122.4
122.5
General definitions.
Other Customs laws and regulations.
Availability of forms.
English language required.
Reproduction of Customs forms.
Subpart B—Classes of Airports
122.11
122.12
122.13
122.14
122.15
Designation as international airport.
Operation of international airports.
List of international airports.
Landing rights airport.
User fee airports.
Subpart C—Private Aircraft
122.21 Application.
122.22 Electronic manifest requirement for
all individuals onboard private aircraft
arriving in and departing from the
United States; notice of arrival and departure information.
122.23 Certain aircraft arriving from areas
south of the U.S.
122.24 Landing requirements for certain aircraft arriving from areas south of U.S.
122.25 Exemption from special landing requirements.
122.26 Entry and clearance.
122.27 Documents required.
122.28 Private aircraft taken abroad by U.S.
residents.
122.29 Arrival fee and overtime services.
122.30 Other Customs laws and regulations.
Subpart D—Landing Requirements
122.31
122.32
122.33
122.35
Notice of arrival.
Aircraft required to land.
Place of first landing.
Emergency or forced landing.
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Pt. 122
19 CFR Ch. I (4–1–12 Edition)
122.36 Responsibility
of
aircraft
commander.
122.37 Precleared aircraft.
122.38 Permit and special license to unlade
and lade.
Subpart E—Aircraft Entry and Entry Documents; Electronic Manifest Requirements for Passengers, Crew Members,
and Non-Crew Members Onboard
Commercial Aircraft Arriving In, Continuing Within, and Overflying the
United States
122.41 Aircraft required to enter.
122.42 Aircraft entry.
122.43 General declaration.
122.44 Crew baggage declaration.
122.45 Crew list.
122.46 Crew purchase list.
122.47 Stores list.
122.48 Air cargo manifest.
122.48a Electronic information for air cargo
required in advance of arrival.
122.49 Correction of air cargo manifest or
air waybill.
122.49a Electronic manifest requirement for
passengers onboard commercial aircraft
arriving in the United States.
122.49b Electronic manifest requirement for
crew members and non-crew members onboard commercial aircraft arriving in,
continuing within, and overflying the
United States.
122.49c Master crew member list and master
non-crew member list requirement for
commercial aircraft arriving in, departing from, continuing within, and overflying the United States.
122.49d Passenger Name Record (PNR) information.
122.50 General order merchandise.
122.66 Clearance or permission to depart denied.
Subpart H—Documents Required for Clearance and Permission To Depart; Electronic Manifest Requirements for Passengers, Crew Members, and NonCrew Members Onboard Commercial
Aircraft Departing From the United
States
122.71 Aircraft departing with no commercial export cargo.
122.72 Aircraft departing with commercial
export cargo.
122.73 General declaration and air cargo
manifest.
122.74 Incomplete (pro forma) manifest.
122.75 Complete manifest.
122.75a Electronic manifest requirement for
passengers onboard commercial aircraft
departing from the United States.
122.75b Electronic manifest requirement for
crew members and non-crew members onboard commercial aircraft departing
from the United States.
122.76 Shipper’s Export Declarations and inspection certifications.
122.77 Clearance certificate.
122.78 Entry or withdrawal for exportation
or for transportation and exportation.
122.79 Shipments to U.S. possessions.
122.80 Verification of statement.
Subpart I—Procedures for Residue Cargo
and Stopover Passengers
122.81 Application.
122.82 Bond requirements.
122.83 Forms required.
122.84 Intermediate airport.
122.85 Final airport.
122.86 Substitution of aircraft.
122.87 Other requirements.
122.88 Aircraft carrying domestic (stopover)
passengers.
Subpart F—International Traffic Permit
122.51 Aircraft
in the U.S.
122.52 Aircraft
in the U.S.
122.53 Aircraft
or leased to
122.54 Aircraft
Subpart J—Transportation in Bond and
Merchandise in Transit
of domestic origin registered
of foreign origin registered
of foreign registry chartered
U.S. air carriers.
of foreign registry.
122.91 Application.
122.92 Procedure at port of origin.
122.93 Procedure at destination or exportation airport.
122.94 Certificate of lading for exportation.
122.95 Other provisions.
Subpart G—Clearance of Aircraft and
Permission To Depart
Subpart K—Accompanied Baggage in
Transit
122.61 Aircraft required to clear.
122.62 Aircraft not otherwise required to
clear.
122.63 Scheduled airlines.
122.64 Other aircraft.
122.65 Failure to depart.
122.101
122.102
Entry of accompanied baggage.
Inspection of baggage in transit.
Subpart L—Transit Air Cargo Manifest
(TACM) Procedures
122.111
122.112
Application.
Definitions.
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U.S. Customs and Border Protection, DHS; Treasury
122.113 Form for transit air cargo manifest
procedures.
122.114 Contents.
122.115 Labeling of cargo.
122.116 Identification of manifest sheets.
122.117 Requirements for transit air cargo
transport.
122.118 Exportation from port of arrival.
122.119 Transportation to another U.S. port.
122.120 Transportation to another port for
exportation.
Subpart R—Air Carrier Smuggling
Prevention Program
122.171 Description of program.
122.172 Eligibility.
122.173 Application procedures.
122.174 Operational procedures.
122.175 Exemption from penalties.
122.176 Removal from ACSPP.
Subpart S—Access to Customs Security
Areas
Subpart M—Aircraft Liquor Kits
122.131 Application.
122.132 Sealing of aircraft liquor kits.
122.133 Stores list required on arrival.
122.134 When airline does not have in-bond
liquor storeroom.
122.135 When airline has in-bond liquor
storeroom.
122.136 Outgoing stores list.
122.137 Certificate of use.
Subpart N—Flights to and From the U.S.
Virgin Islands
122.141 Definitions.
122.142 Flights between the U.S. Virgin Islands and a foreign area.
122.143 Flights from the U.S. to the U.S.
Virgin Islands.
122.144 Flights from the U.S. Virgin Islands
to the U.S.
Subpart O—Flights to and From Cuba
122.151 Definitions.
122.152 Application.
122.153 Limitations on airport of entry or
departure.
122.154 Notice of arrival.
122.155 Document to be presented upon arrival.
122.156 Release of passengers.
122.157 Documents required for clearance.
122.158 Other entry and clearance requirements.
122.181 Definition of Customs security area.
122.182 Security provisions.
122.183 Denial of access.
122.184 Change of identification; change in
circumstances of employee; additional
employer responsibilities.
122.185 Report of loss or theft of Customs
access seal.
122.186 Presentation of Customs access seal
by other person.
122.187 Revocation or suspension of access.
122.188 Issuance of temporary Customs access seal.
122.189 Bond liability.
AUTHORITY: 5 U.S.C. 301; 19 U.S.C. 58b, 66,
1431, 1433, 1436, 1448, 1459, 1590, 1594, 1623, 1624,
1644, 1644a, 2071 note.
Section 122.22 is also issued under 46 U.S.C.
60105.
Section 122.49a also issued under 8 U.S.C.
1101, 1221, 19 U.S.C. 1431, 49 U.S.C. 44909.
Section 122.49b also issued under 8 U.S.C.
1221, 19 U.S.C. 1431, 49 U.S.C. 114, 44909.
Section 122.49c also issued under 8 U.S.C.
1221, 19 U.S.C. 1431, 49 U.S.C. 114, 44909.
Section 122.49d also issued under 49 U.S.C.
44909(c)(3).
Section 122.75a also issued under 8 U.S.C.
1221, 19 U.S.C. 1431.
Section 122.75b also issued under 8 U.S.C.
1221, 19 U.S.C. 1431, 49 U.S.C. 114.
SOURCE: T.D. 88–12, 53 FR 9292, Mar. 22,
1988, unless otherwise noted.
§ 122.0
Subpart P—Public Aircraft [Reserved]
Subpart Q—Penalties
122.161 In general.
122.162 Failure to notify and explain differences in air cargo manifest.
122.163 Transit air cargo traveling to U.S.
ports.
122.164 Transportation to another port for
exportation.
122.165 Air cabotage.
122.166 Arrival, departure, discharge, and
documentation.
122.167 Aviation smuggling.
§ 122.0
Scope.
(a) Applicability. The regulations in
this part relate to the entry and clearance of aircraft and the transportation
of persons and cargo by aircraft, and
are applicable to all air commerce.
(b) Authority of Other Agencies. Nothing in this part is intended to divest or
diminish authority and operational
control that are vested in the FAA or
any other agency, particularly with respect to airspace and aircraft safety.
[CBP Dec. 08-43, 73 FR 68309, Nov. 18, 2008]
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§ 122.1
19 CFR Ch. I (4–1–12 Edition)
Subpart A—General Definitions
and Provisions
§ 122.1
General definitions.
The following definitions apply in
this part, unless otherwise stated:
(a) Aircraft. An ‘‘aircraft’’ is any device now known, or hereafter invented,
used or designed for navigation or
flight in the air. It does not include
hovercraft.
(b) Aircraft commander. An ‘‘aircraft
commander’’ is any person serving on
an aircraft who is in charge or has
command of its operation and navigation.
(c) Agent. An ‘‘agent’’ is any person
who is authorized to act for or in place
of:
(1) An owner or operator of a scheduled airline by written authority; or
(2) An owner or operator of a nonscheduled airline, by power of attorney.
The authority to act shall be in writing
and satisfactory to the port director.
(d) Commercial aircraft. A ‘‘commercial aircraft’’ is any aircraft transporting passengers and/or cargo for
some payment or other consideration,
including money or services rendered.
(e) International airport. An ‘‘international airport’’ is any airport designated by:
(1) The Secretary of the Treasury or
the Commissioner of Customs as a port
of entry for aircraft arriving in the
U.S. from any place outside thereof and
for the merchandise carried on such
aircraft;
(2) The Attorney General as a port of
entry for aliens arriving on such aircraft; and
(3) The Secretary of Health and
Human Services as a place for quarantine inspection.
(f) Landing rights airport. A ‘‘landing
rights airport’’ is any airport, other
than an international airport or user
fee airport, at which flights from a foreign area are given permission by Customs to land.
(g) Preclearance. ‘‘Preclearance’’ is
the examination and inspection of air
travelers and their baggage, at the request of an airline, at foreign places
where Customs personnel are stationed
for that purpose. Preclearance may be
used only for air travelers and their
baggage, not for merchandise.
(h) Private aircraft. A ‘‘private aircraft’’ is any aircraft engaged in a personal or business flight to or from the
U.S. which is not:
(1) Carrying passengers and/or cargo
for commercial purposes;
(2) Leaving the U.S. carrying neither
passengers nor cargo in order to lade
passengers and/or cargo in a foreign
area for commercial purposes; or
(3) Returning to the U.S. carrying
neither passengers nor cargo in ballast
after leaving with passengers and/or
cargo for commercial purposes;
(i) Public aircraft. A ‘‘public aircraft’’,
is any aircraft owned by, or under the
complete control and management of
the U.S. government or any of its agencies, or any aircraft owned by or under
the complete control and management
of any foreign government which exempts public aircraft of the U.S. from
arrival, entry and clearance requirements similar to those provided in subpart C of this part, but not including
any government owned aircraft engaged in carrying persons or property
for commercial purposes. This definition applies if the aircraft is:
(1) Manned entirely by members of
the armed forces or civil service of
such government, or by both;
(2) Transporting only property of
such government, or passengers traveling on official business of such government; or
(3) Carrying neither passengers nor
cargo.
(j) Residue cargo. ‘‘Residue cargo’’ is
any cargo on board an aircraft arriving
in the U.S. from a foreign area if the:
(1) Final delivery airport in the U.S.
is not the port of arrival; or
(2) Cargo remains on board the aircraft and travels from port to port in
the U.S., for final delivery in a foreign
area.
(k) Scheduled airline. A ‘‘scheduled
airline’’ is any individual, partnership,
corporation or association:
(1) Engaged in air transportation
under regular schedules to, over, away
from, or within the U.S.; and
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U.S. Customs and Border Protection, DHS; Treasury
(2) Holding a Foreign Air Carrier Permit or a Certificate of Public Convenience and Necessity, issued by the Department of Transportation pursuant
to 14 CFR parts 201 and 213.
(l) United States. Except when used in
another context, ‘‘U.S.’’ means the territory of the several States, the District of Columbia, and Puerto Rico, including the territorial waters and overlying airspace.
(m) User fee airport. A ‘‘user fee airport’’ is an airport so designated by
Customs. Flights from a foreign area
may be granted permission to land at a
user fee airport rather than at an
international airport or a landing
rights airport. An informational listing
of user fee airports is contained in
§ 122.15.
[T.D. 88–12, 53 FR 9292, Mar. 22, 1988, as
amended by T.D. 88–16, 53 FR 10371, Mar. 31,
1988; T.D. 92–90, 57 FR 43397, Sept. 21, 1992;
T.D. 93–66, 58 FR 44130, Aug. 19, 1993]
§ 122.5 Reproduction
of
Customs
forms.
(a) Specifications. Subject to approval
by Customs, the forms mentioned in
this part may be printed by private
parties if the specified size, wording arrangement, style and size of type, and
quality of paper are used.
(b) Exceptions. Port directors may accept privately printed copies of the
General Declaration (Customs Form
7507) and air cargo manifest (Customs
Form 7509) which are different from the
official forms. The privately printed
forms shall include all information required on the official forms. The differences allowed are:
(1) General Declaration. Customs
Form 7507 may be printed in several
languages, so long as the form includes
an English version. The instructions on
the reverse side of the official form
may be omitted.
(2) Air cargo manifest. Customs Form
7509 may be changed to allow for additional information used by the airline.
§ 122.2 Other Customs laws and regulations.
Except as otherwise provided for in
this chapter, and insofar as such laws
and regulations are applicable, aircraft
arriving or having arrived from or departing for any foreign port or place,
and the persons and merchandise, including baggage, carried thereon, shall
be subject to the laws and regulations
applicable to vessels to the extent that
such laws and regulations are administered or enforced by Customs, as provided in 19 U.S.C. 1644 and 1644a.
[T.D. 88–12, 53 FR 9292, Mar. 22, 1988, as
amended by T.D. 98–74, 63 FR 51288, Sept. 25,
1998]
§ 122.3
Availability of forms.
The forms mentioned in this part
may be purchased from the director of
port of entry. A small quantity of each
form is set aside by port directors for
free distribution and official use.
§ 122.4
English language required.
A translation in the English language shall be attached to the original
and each copy of any form or document
written or printed in a foreign language.
§ 122.11
Subpart B—Classes of Airports
§ 122.11 Designation as international
airport.
(a) Procedure. International airports,
as defined in § 122.1(e), will be designated after due investigation to establish that sufficient need exists in
any port to justify such designation
and to determine the airport best suited for such purpose. In each case, a specific airport will be chosen. International airports will be publicly
owned, unless circumstances require
otherwise
(b) Withdrawal of designation. The designation as an international airport
may be withdrawn for any of the following reasons:
(1) The amount of business clearing
through the airport does not justify
maintenance of inspection equipment
and personnel;
(2) Proper facilities are not provided
or maintained by the airport;
(3) The rules and regulations of the
Federal Government are not followed;
or
(4) Some other location would be
more useful.
(c) Providing office space to the Federal
Government. Each international airport
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§ 122.12
19 CFR Ch. I (4–1–12 Edition)
shall provide, without cost to the Federal Government, proper office and
other space for the sole use of Federal
officials working at the airport. A suitable paved loading area shall be supplied by each airport at a place convenient to the office space. The loading
area shall be kept for the use of aircraft entering or clearing through the
airport.
§ 122.12 Operation of international airports.
(a) Entry, clearance and charges. International airports are open to all aircraft for entry and clearance at no
charge by Customs. However, charges
may be assessed by the airport for commercial or private use of the airport.
(b) Servicing of aircraft. When an aircraft enters or clears through an international airport, it shall be promptly
serviced by airport personnel solely on
the basis of order of arrival or readiness for departure. Servicing charges
imposed by the airport operators shall
not be greater than the schedule of
charges in effect at the airport in question.
(c) FAA rules; denial of permission to
land—(1) Federal Aviation Administration. International airports must follow
and enforce any requirements for airport operations, including airport rules
that are set out by the Federal Aviation Administration in 14 CFR part 91.
(2) Customs and Border Protection.
CBP, based on security or other risk
assessments, may limit the locations
where aircraft entering the United
States from a foreign port or place may
land. Consistent with § 122.32(a) of this
Title, CBP has the authority to deny
aircraft permission to land in the
United States, based upon security or
other risk assessments.
(3) Commercial aircraft. Permission to
land at an international airport may be
denied to a commercial aircraft if advance electronic information for incoming foreign cargo aboard the aircraft has not been received as provided
in § 122.48a except in the case of emergency or forced landings.
(4) Private Aircraft. Permission to
land at an international airport will be
denied if the pilot of a private aircraft
arriving from a foreign port or place
fails to submit an electronic manifest
and notice of arrival pursuant to
§ 122.22, except in the case of emergency
or forced landings.
(d) Additional requirements. Additional
requirements may be put into effect at
a particular airport as the needs of the
Customs port served by the airport demand.
[T.D. 88–12, 53 FR 9292, Mar. 22, 1988, as
amended by CBP Dec. 03–32, 68 FR 68170, Dec.
5, 2003; CBP Dec. 08-43, 73 FR 68309, Nov. 18,
2008]
§ 122.13 List of international airports.
The following is a list of international airports of entry designated
by the Secretary of the Treasury.
Location and Name
Albany, N.Y.—Albany County Airport
Baudette, Minn.—Baudette International
Airport
Bellingham,
Wash.—Bellingham
International Airport
Brownsville, Tex.—Brownsville International
Airport
Burlington, Vt.—Burlington International
Airport
Calexico, Calif.—Calexico International Airport
Caribou, Maine—Caribou Municipal Airport
Chicago, Ill.—Midway Airport
Cleveland, Ohio—Cleveland Hopkins International Airport
Cut Bank, Mont.—Cut Bank Airport
Del Rio, Tex.—Del Rio International Airport
Detroit, Mich.—Detroit City Airport
Detroit, Mich.—Detroit Metropolitan Wayne
County Airport
Douglas, Ariz.—Bisbee-Douglas International
Airport
Duluth, Minn.—Duluth International Airport
Duluth, Minn.—Sky Harbor Airport
El Paso, Tex.—El Paso International Airport
Fort Lauderdale, Fla.—Fort Lauderdale-Hollywood International Airport
Friday Harbor, Wash.—Friday Harbor Seaplane Base
Grand Forks, N. Dak.—Grand Forks International Airport
Great Falls, Mont.—Great Falls International Airport
Havre, Mont.—Havre City-County Airport
Houlton, Maine—Houlton International Airport
International Falls, Minn.—Falls International Airport
Juneau, Alaska—Juneau Municipal Airport
Juneau, Alaska—Juneau Harbor Seaplane
Base
Ketchikan, Alaska—Ketchikan Harbor Seaplane Base
Key West, Fla.—Key West International Airport
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Laredo, Tex.—Laredo International Airport
Massena, N.Y.—Richards Field
Maverick, Tex.—Maverick County Airport
McAllen, Tex.—Miller International Airport
Miami, Fla.—Chalk Seaplane Base
Miami, Fla.—Miami International Airport
Minot, N.Dak.—Minot International Airport
Nogales, Ariz.—Nogales International Airport
Ogdensburg, N.Y.—Ogdensburg Harbor
Ogdensburg, N.Y.—Ogdensburg International
Airport
Oroville, Wash.—Dorothy Scott Airport
Oroville, Wash.—Dorothy Scott Seaplane
Base
Pembina, N.Dak.—Pembina Municipal Airport
Port Huron, Mich.—St. Clair County International Airport
Port Townsend, Wash.—Jefferson County
International Airport
Ranier, Minn.—Ranier Internatioal Seaplane
Base
Rochester, N.Y.—Rochester-Monroe County
Airport
Rouses Point, N.Y.—Rouses Point Seaplane
Base
San Diego, Calif.—San Diego International
Airport (Lindbergh Field)
Sandusky, Ohio—Griffing-Sandusky Airport
Sault Ste. Marie, Mich.—Sault Ste. Marie
City-County Airport
Seattle, Wash.—King County International
Airport
Seattle, Wash.—Lake Union Air Service
(Seaplanes)
Tampa, Fla.—Tampa International Airport
Tucson, Ariz.—Tucson International Airport
Watertown, N.Y.—Watertown New York
International Airport
West Palm Beach, Fla.—Palm Beach International Airport
Williston, N. Dak.—Sloulin Field International Airport
Wrangell, Alaska—Wrangell Seaplane Base
Yuma, Ariz.—Yuma International Airport
[T.D. 88–12, 53 FR 9292, Mar. 22, 1988, as
amended by T.D. 96–44, 61 FR 25778, May 23,
1996; T.D. 99–40, 64 FR 18566, Apr. 15, 1999]
§ 122.14 Landing rights airport.
(a) Permission to land. Permission to
land at a landing rights airport may be
given as follows:
(1) Scheduled flight. The scheduled
aircraft of a scheduled airline may be
allowed to land at a landing rights airport. Permission is given by the director of the port, or his representative,
at the port nearest to which first landing is made.
(i) Additional flights, charters or
changes in schedule—Scheduled aircraft.
If a new carrier plans to set up a new
§ 122.14
flight schedule, or an established carrier makes changes in its approved
schedule, landing rights may be granted by the port director.
(ii) Additional or charter flight. If a
carrier or charter operator wants to
begin operating or to add flights, application must be made to the port director for landing rights. All requests
must be made not less than 48 hours before the intended time of arrival, except in emergencies. If the request is
oral, it must be put in writing before or
at the time of arrival.
(2) Private aircraft. The pilots of private aircraft are required to secure permission to land from CBP following
transmission of the advance notice of
arrival via an electronic data interchange system approved by CBP, pursuant to § 122.22. Prior to departure as
defined in § 122.22(a), from a foreign
port or place, the pilot of a private aircraft must receive a message from CBP
that landing rights have been granted
for that aircraft at a particular airport.
(3) Other aircraft. Following advance
notice of arrival pursuant to § 122.31, all
other aircraft may be allowed to land
at a landing rights airport by the director of the port of entry or station nearest the first place of landing.
(4) Denial or withdrawal of landing
rights. Permission to land at a landing
rights airport may be denied or permanently or temporarily withdrawn for
any of the following reasons:
(i) Appropriate and/or sufficient Federal Government personnel are not
available;
(ii) Proper inspectional facilities or
equipment are not available at, or
maintained by, the requested airport;
(iii) The entity requesting the landing rights has a history of failing to
abide by appropriate instructions given
by a CBP officer;
(iv) Reasonable grounds exist to believe that applicable Federal rules and
regulations pertaining to safety, including cargo safety and security, CBP,
or other inspectional activities may
not be adhered to; or
(v) CBP has deemed it necessary to
deny landing rights to an aircraft.
(5) Appeal of denial or withdrawal of
landing rights for commercial scheduled
aircraft as defined in section 122.1(d). In
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§ 122.15
19 CFR Ch. I (4–1–12 Edition)
the event landing rights are denied or
subsequently permanently withdrawn
by CBP, within 30 days of such decision, the affected party may file a written appeal with the Assistant Commissioner, Office of Field Operations,
Headquarters.
(6) Emergency or forced landing. Permission to land is not required for an
emergency or forced landing (covered
under § 122.35).
(b) Payment of expenses. In the case of
an arrival at a location outside the
limits of a port of entry, the owner, operator or person in charge of the aircraft must pay any added charges for
inspecting the aircraft, passengers, employees and merchandise when landing
rights are given (see §§ 24.17 and 24.22(e)
of this chapter).
(c) Payment of expenses. In the case of
an arrival at a location outside the
limits of a port of entry, the owner, operator or person in charge of the aircraft shall pay any added charges for
inspecting the aircraft, passengers, employees and merchandise when landing
rights are given (see § § 24.17 and 24.22(e)
of this chapter).
(d) Denial or withdrawal of landing
rights. Permission to land at a landing
rights airport may be denied or withdrawn for any of the following reasons:
(1) Appropriate and/or sufficient Federal Government personnel are not
available;
(2) Proper inspectional facilities or
equipment are not available at, or
maintained by, the requested airport;
(3) The entity requesting services has
failed to abide by appropriate instructions of a Customs officer;
(4) Advance cargo information has
not been received as provided in
§ 122.48a;
(5) Other reasonable grounds exist to
believe that Federal rules and regulations pertaining to safety, including
cargo safety and security, and Customs, or other inspectional activities
have not been followed; or
(6) The granting of the requested
landing rights would not be in the best
interests of the Government.
(e) Appeal of denial or withdrawal. In
the event landing rights are denied or
withdrawn by the port director, a written appeal of the decision may be made
to the Assistant Commissioner, Office
of Field Operations, Headquarters.
[T.D. 88–12, 53 FR 9292, Mar. 22, 1988. Redesignated and amended by T.D. 92–90, 57 FR 43397,
Sept. 21, 1992; T.D. 95–77, 60 FR 50020, Sept. 27,
1995; T.D. 99–27, 64 FR 13675, Mar. 22, 1999;
CBP Dec. 03–32, 68 FR 68170, Dec. 5, 2003; CBP
Dec. 08-43, 73 FR 68309, Nov. 18, 2008]
§ 122.15
User fee airports.
(a) Permission to land. The procedures
for obtaining permission to land at a
user fee airport are the same procedures as those set forth in § 122.14 for
landing rights airports.
(b) List of user fee airports. The following is a list of user fee airports designated by the Commissioner of Customs in accordance with 19 U.S.C. 58b.
The list is subject to change without
notice. Information concerning service
at any user fee airport can be obtained
by calling the airport or its authority
directly.
Location
Addison, Texas ......
Ardmore, Oklahoma
Bakersfield, California.
Bedford, Massachusetts.
Broomfield, Colorado.
Carlsbad, California
Dallas, Texas .........
Daytona Beach,
Florida.
Decatur, Illinois ......
Egg Harbor Township, New Jersey.
Englewood, Colorado.
Fort Worth, Texas ..
Fresno, California ...
Gypsum, Colorado
Harlingen, Texas ....
Hillsboro, Oregon ...
Johnson City, New
York.
Lansing, Michigan ..
Leesburg, Florida ...
Lexington, Kentucky
Manchester, New
Hampshire.
Mascoutah, Illinois
McKinney, Texas ...
Melbourne, Florida
Mesa, Arizona ........
Midland, Texas .......
Morristown, New
Jersey.
Moses Lake, Washington.
Myrtle Beach, South
Carolina.
Naples, Florida .......
Orlando, Florida .....
Name
Addison Airport.
Ardmore Industrial Airpark.
Meadows Field Airport.
L.G. Hanscom Field.
Jefferson County Airport.
McClellan-Palomar Airport.
Dallas Love Field Municipal Airport
Daytona Beach International Airport.
Decatur Airport.
Atlantic City International Airport.
Centennial Airport.
Fort Worth Alliance Airport.
Fresno Yosemite International Airport.
Eagle County Regional Airport.
Valley International Airport.
Hillsboro Airport.
Binghamton Regional Airport.
Capital Region International Airport.
Leesburg Regional Airport.
Blue Grass Airport.
Manchester Airport.
MidAmerica St. Louis Airport.
Collin County Regional Airport.
Melbourne Airport.
Williams Gateway Airport.
Midland International Airport.
Morristown Municipal Airport.
Grant County International Airport.
Myrtle Beach International Airport.
Naples Municipal Airport.
Orlando Executive Airport.
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U.S. Customs and Border Protection, DHS; Treasury
Location
Palm Springs, California.
Rochester, Minnesota.
Rogers, Arkansas ..
St. Augustine, Florida.
San Bernardino,
California.
San Antonio, Texas
Sarasota, Florida ....
Scottsdale, Arizona
Sugar Land, Texas
Trenton, New Jersey.
Victorville, California
Waterford, Michigan
Waukegan, Illinois ..
West Chicago, Illinois.
Wheeling, Illinois ....
Yoder, Indiana ........
Ypsilanti, Michigan
Name
Palm Springs International Airport.
Rochester International Airport.
Rogers Municipal Airport.
St. Augustine Airport.
San Bernardino International Airport.
Kelly Field Annex.
Sarasota/Bradenton International Airport.
Scottsdale Airport.
Sugar Land Regional Airport.
Trenton Mercer Airport.
Southern California Logistics Airport.
Oakland County International Airport.
Waukegan Regional Airport.
Dupage County Airport.
Chicago Executive Airport.
Fort Wayne International Airport.
Willow Run Airport.
(c) Withdrawal of designation. The designation as a user fee airport shall be
withdrawn under either of the following circumstances:
(1) If either Customs or the airport
authority gives 120 days written notice
of termination to the other party; or
(2) If any amounts due to be paid to
Customs are not paid on a timely basis.
[T.D. 92–90, 57 FR 43397]
EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 122.15, see the List of CFR
Sections Affected, which appears in the
Finding Aids section of the printed volume
and at www.fdsys.gov.
Subpart C—Private Aircraft
§ 122.21
Application.
This subpart applies to all private
aircraft as defined in § 122.1(h). No
other provisions of this part apply to
private aircraft, except where stated in
this subpart.
§ 122.22 Electronic manifest requirement for all individuals onboard
private aircraft arriving in and departing from the United States; notice of arrival and departure information.
(a) Definitions. For purposes of this
section:
Departure. ‘‘Departure’’ means the
point at which the aircraft is airborne
and the aircraft is en route directly to
its destination.
§ 122.22
Departure Information. ‘‘Departure Information’’ refers to the data elements
that are required to be electronically
submitted to CBP pursuant to paragraph (c)(4) of this section.
Pilot. ‘‘Pilot’’ means the individual(s)
responsible for operation of an aircraft
while in flight.
Travel Document. ‘‘Travel Document’’
means U.S. Department of Homeland
Security approved travel documents.
United States. ‘‘United States’’ means
the continental United States, Alaska,
Hawaii, Puerto Rico, the Virgin Islands
of the United States, Guam and the
Commonwealth of the Northern Mariana Islands.
(b) Electronic manifest requirement for
all individuals onboard private aircraft
arriving in the U.S.; notice of arrival—(1)
General requirement. The private aircraft pilot is responsible for ensuring
the notice of arrival and manifest information regarding each individual
onboard the aircraft are transmitted to
CBP. The pilot is responsible for the
submission,
accuracy,
correctness,
timeliness, and completeness of the
submitted information, but may authorize another party to submit the information on their behalf. Except as
provided in paragraph (b)(7) of this section, all data must be transmitted to
CBP by means of an electronic data
interchange system approved by CBP
and must set forth the information
specified in this section. All data pertaining to the notice of arrival for the
aircraft and the manifest data regarding each individual onboard the aircraft must be transmitted at the same
time via an electronic data interchange system approved by CBP.
(2) Time for submission. The private
aircraft pilot is responsible for ensuring that the information specified in
paragraphs (b)(3) and (b)(4) of this section is transmitted to CBP:
(i) For flights originally destined for
the United States, any time prior to
departure of the aircraft, but no later
than 60 minutes prior to departure of
the aircraft from the foreign port or
place; or
(ii) For flights not originally destined to the United States, but diverted to a U.S. port due to an emergency, no later than 30 minutes prior
to arrival; in cases of non-compliance,
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§ 122.22
19 CFR Ch. I (4–1–12 Edition)
CBP will take into consideration that
the carrier was not equipped to make
the
transmission
and
the
circumstances of the emergency situation.
(3) Manifest data required. For private
aircraft arriving in the United States
the following identifying information
for each individual onboard the aircraft
must be submitted:
(i) Full name (last, first, and, if
available, middle);
(ii) Date of birth;
(iii) Gender (F=female; M=male);
(iv) Citizenship;
(v) Country of residence;
(vi) Status on board the aircraft;
(vii) DHS-Approved travel document
type (e.g. passport; alien registration
card, etc.);
(viii) DHS-Approved travel document
number, if a DHS-approved travel document is required;
(ix) DHS-Approved travel document
country of issuance; if a DHS-approved
travel document is required;
(x) DHS-Approved travel document
expiration date, where applicable;
(xi) Alien registration number, where
applicable;
(xii) Address while in the United
States (number and street, city, state,
and zip code). This information is required for all travelers including crew
onboard the aircraft.
(4) Notice of arrival. The advance notice of arrival must include the following information about the aircraft
and where applicable, the pilot:
(i) Aircraft tail number;
(ii) Type of Aircraft;
(iii) Call sign (if available);
(iv) CBP issued decal number (if
available);
(v) Place of last departure (ICAO airport code, when available);
(vi) Date of aircraft arrival;
(vii) Estimated time of arrival;
(viii) Estimated time and location of
crossing U.S. border/coastline;
(ix) Name of intended U.S. airport of
first landing (as listed in § 122.24 if applicable, unless an exemption has been
granted under § 122.25, or the aircraft
was inspected by CBP Officers in the
U.S. Virgin Islands);
(x) Owner/Lessees name (if individual: Last, first, and, if available,
middle; or business entity name, if applicable);
(xi) Owner/Lessees address (number
and street, city, state, zip/postal code,
country, telephone number, fax number, and email address);
(xii) Pilot/Private aircraft pilot name
(last, first, middle, if available);
(xiii) Pilot license number;
(xiv) Pilot street address (number
and street, city, state, zip/postal code,
country, telephone number, fax number, and email address);
(xv) Country of issuance of pilot’s license;
(xvi) Operator name (for individuals:
last, first, and if available, middle; or
business entity name, if applicable);
(xvii) Operator street address (number and street, city, state, zip code,
country, telephone number, fax number, and e-mail address);
(xviii) Aircraft color(s);
(xix) Complete Itinerary (foreign airports landed at within past 24 hours
prior to landing in United States); and
(xx) 24-hour Emergency point of contact (e.g., broker, dispatcher, repair
shop, or other third party contact or
individual who is knowledgeable about
this particular flight) name (first, last,
middle, if available) and phone number.
(5) Reliable facilities. When reliable
means for giving notice are not available (for example, when departure is
from a remote place) a landing must be
made at a foreign place where notice
can be sent prior to coming into the
United States.
(6) Permission to land. Prior to departure from the foreign port or place, the
pilot of a private aircraft must receive
a message from DHS approving landing
within the United States, and follow
any instructions contained therein
prior to departure. Once DHS has approved departure, and the pilot has executed all instructions issued by DHS,
the aircraft is free to depart with the
intent of landing at the designated U.S.
port of entry.
(7) Changes to manifest. The private
aircraft pilot is obligated to make necessary changes to the arrival manifest
after transmission of the manifest to
CBP. If changes to an already transmitted manifest are necessary, an updated and amended manifest must be
resubmitted to CBP. Only amendments
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U.S. Customs and Border Protection, DHS; Treasury
regarding flight cancellation, expected
time of arrival (ETA) or changes in arrival location, to an already transmitted manifest may be submitted
telephonically, by radio, or through existing processes and procedures. On a
limited case-by-case basis, CBP may
permit a pilot to submit or update notice of arrival and arrival/departure
manifest information telephonically
when unforeseen circumstances preclude submission of the information
via eAPIS. Under such circumstances,
CBP will manually enter the notice of
arrival and arrival/departure manifest
information provided by the pilot and
the pilot is required to wait for CBP
screening and approval to depart.
Changes in ETA and arrival location
must be coordinated with CBP at the
new arrival location to ensure that resources are available to inspect the arriving aircraft. If a subsequent manifest is submitted less than 60 minutes
prior to departure to the United
States, the private aircraft pilot must
receive approval from CBP for the
amended manifest containing added
passenger information and/or changes
to information that were submitted regarding the aircraft and all individuals
onboard the aircraft, before the aircraft is allowed to depart the foreign
location, or the aircraft may be, as appropriate, diverted from arriving in the
United States, or denied permission to
land in the United States. If a subsequent, amended manifest is submitted
by the pilot, any approval to depart the
foreign port or location previously
granted by CBP as a result of the original manifest’s submission is invalid.
(8) Pilot responsibility for comparing information collected with travel document.
The pilot collecting the information
described in paragraphs (b)(3) and (b)(4)
of this section is responsible for comparing the travel document presented
by each individual to be transported
onboard the aircraft with the travel
document information he or she is
transmitting to CBP in accordance
with this section in order to ensure
that the information is correct, the
document appears to be valid for travel
purposes, and the individual is the person to whom the travel document was
issued.
§ 122.22
(c) Electronic manifest requirement for
all individuals onboard private aircraft
departing from the United States; departure information—(1) General requirement. The private aircraft pilot is responsible for ensuring that information
regarding private aircraft departing
the United States, and manifest data
for all individuals onboard the aircraft
is timely transmitted to CBP. The
pilot is responsible for the accuracy,
correctness, timeliness, and completeness of the submitted information, but
may authorize another party to submit
the information on their behalf. Data
must be transmitted to CBP by means
of an electronic data interchange system approved by CBP, and must set
forth the information specified in paragraph (c)(3) and (c)(4) of this section.
All data pertaining to the aircraft, and
all individuals onboard the aircraft
must be transmitted at the same time.
On a limited case-by-case basis, CBP
may permit a pilot to submit or update
notice of arrival and arrival/departure
manifest information telephonically to
CBP when unforeseen circumstances
preclude submission of the information
via eAPIS. Under such circumstances,
CBP will manually enter the notice of
arrival and arrival/departure manifest
information provided by the pilot and
the pilot is required to wait for CBP
screening and approval to depart.
(2) Time for submission. The private
aircraft pilot must transmit the electronic data required under paragraphs
(c)(3) and (c)(4) of this section to CBP
any time prior to departing the United
States, but no later than 60 minutes
prior to departing the United States.
(3) Manifest data required. For private
aircraft departing the United States
the following identifying information
for each individual onboard the aircraft
must be submitted:
(i) Full name (last, first, and, if
available, middle);
(ii) Date of birth;
(iii) Gender (F=female; M=male);
(iv) Citizenship;
(v) Country of residence;
(vi) Status on board the aircraft;
(vii) DHS-Approved travel document
type (e.g. passport; alien registration
card, etc.);
(viii) DHS-Approved travel document
number;
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§ 122.22
19 CFR Ch. I (4–1–12 Edition)
(ix) DHS-Approved travel document
country of issuance, if a DHS-Approved
travel document is required;
(x) DHS-approved travel document
expiration date, where applicable;
(xi) Alien registration number, where
applicable;
(xii) Address while in the United
States (number and street, city, state,
and zip/postal code). This information
is required for all travelers including
crew onboard the aircraft.
(4) Notice of Departure information.
For private aircraft and pilots departing the United States, the following departure information must be submitted
by the pilot:
(i) Aircraft tail number;
(ii) Type of Aircraft;
(iii) Call sign (if available);
(iv) CBP issued decal number (if
available);
(v) Place of last departure (ICAO airport code, when available);
(vi) Date of aircraft departure;
(vii) Estimated time of departure;
(viii) Estimated time and location of
crossing U.S. border/coastline;
(ix) Name of intended foreign airport
of first landing (ICAO airport code,
when available);
(x) Owner/Lessees name (if individual: last, first, and, if available,
middle; or business entity name if applicable);
(xi) Owner/Lessees street address
(number and street, city, state, zip/
postal code, country, telephone number, fax number, and email address);
(xii) Pilot/Private aircraft pilot name
(last, first and, if available, middle);
(xiii) Pilot license number;
(xiv) Pilot street address (number
and street, city, state, zip/postal code,
country, telephone number, fax number, and email address);
(xv) Country of issuance of pilot’s license;
(xvi) Operator name (if individual:
last, first, and if available, middle; or
business entity name, if applicable);
(xvii) Operator street address (number and street, city, state, zip/postal
code, country, telephone number, fax
number, and email address);
(xviii) 24-hour Emergency point of
contact (e.g., broker, dispatcher, repair
shop, or other third party contact, or
individual who is knowledgeable about
this particular flight) name (last, first,
middle, if available) and phone number;
(xix) Aircraft color(s); and
(xx) Complete itinerary (intended
foreign airport destinations for 24
hours following departure).
(5) Permission to depart. Prior to departure for a foreign port or place, the
pilot of a private aircraft must receive
a message from DHS approving departure from the United States and follow
any instructions contained therein.
Once DHS has approved departure, and
the pilot has executed all instructions
issued by DHS, the aircraft is free to
depart.
(6) Changes to manifest. If any of the
data elements change after the manifest is transmitted, the private aircraft
pilot must update the manifest and resubmit the amended manifest to CBP.
Only amendments regarding flight cancellation, expected time of departure
or changes in departure location, to an
already transmitted manifest may be
submitted telephonically, by radio, or
through existing processes and procedures. If an amended manifest is submitted less than 60 minutes prior to departure, the private aircraft pilot must
receive approval from CBP for the
amended manifest containing added
passenger information and/or changes
to information that were submitted regarding the aircraft before the aircraft
is allowed to depart the U.S. location,
or the aircraft may be denied clearance
to depart from the United States. If a
subsequent amended manifest is submitted by the pilot, any clearance previously granted by CBP as a result of
the original manifest’s submission is
invalid.
(7) Pilot responsibility for comparing information collected with travel document.
The pilot collecting the information
described in paragraphs (c)(3) and (c)(4)
of this section is responsible for comparing the travel document presented
by each individual to be transported
onboard the aircraft with the travel
document information he or she is
transmitting to CBP in accordance
with this section in order to ensure
that the information is correct, the
document appears to be valid for travel
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U.S. Customs and Border Protection, DHS; Treasury
purposes, and the individual is the person to whom the travel document was
issued.
[CBP Dec. 08-43, 73 FR 68310, Nov. 18, 2008]
§ 122.23 Certain aircraft arriving from
areas south of the U.S.
(a) Application. (1) This section sets
forth particular requirements for certain aircraft arriving from south of the
United States. This section is applicable to all aircraft except:
(i) Public aircraft;
(ii) Those aircraft operated on a regularly published schedule, pursuant to a
certificate of public convenience and
necessity or foreign aircraft permit
issued by the Department of Transportation, authorizing interstate, overseas
air transportation; and
(iii) Those aircraft with a seating capacity of more than 30 passenges or a
maximum payload capacity of more
than 7,500 pounds which are engaged in
air transportation for compensation or
hire on demand. (See 49 U.S.C. App.
1372 and 14 CFR part 298).
(2) The term ‘‘place’’ as used in this
section means anywhere outside of the
inner boundary of the Atlantic (Coastal) Air Defense Identification Zone
(ADIZ) south of 30 degrees north latitude, anywhere outside of the inner
boundary of the Gulf of Mexico (Coastal) ADIZ, or anywhere outside of the
inner boundary of the Pacific (Coastal)
ADIZ south of 33 degrees north latitude.
(b) Notice of arrival. All aircraft to
which this section applies arriving in
the Continental United States via the
U.S./Mexican border or the Pacific
Coast from a foreign place in the Western Hemisphere south of 33 degrees
north latitude, or from the Gulf of
Mexico and Atlantic Coasts from a
place in the Western Hemisphere south
of 30 degrees north latitude, from any
place in Mexico, from the U.S. Virgin
Islands, or [notwithstanding the definition of ‘‘United States’’ in § 122.1(l)]
from Puerto Rico, must furnish a notice of intended arrival. Private aircraft must transmit an advance notice
of arrival as set forth in § 122.22 of this
part. Other than private aircraft, all
aircraft to which this section applies
must communicate to CBP notice of
arrival at least one hour before cross-
§ 122.24
ing the U.S. coastline. Such notice
must be communicated to CBP by telephone, radio, other method or the Federal Aviation Administration in accordance with paragraph (c) of this section.
(c) Contents of notice. The advance notice of arrival shall include the following:
(1) Aircraft registration number;
(2) Name of aircraft commander;
(3) Number of U.S. citizen passengers;
(4) Number of alien passengers;
(5) Place of last departure;
(6) Estimated time and location of
crossing U.S. border/coastline;
(7) Estimated time of arrival;
(8) Name of intended U.S. airport of
first landing, as listed in § 122.24, unless
an exemption has been granted under
§ 122.25, or the aircraft has not landed
in foreign territory or is arriving directly from Puerto Rico, or the aircraft
was inspected by Customs officers in
the U.S. Virgin Islands.
[T.D. 88–12, 53 FR 9292, Mar. 22, 1988, as
amended at CBP Dec. 08-43, 73 FR 68312, Nov.
18, 2008]
§ 122.24 Landing requirements for certain aircraft arriving from areas
south of U.S.
(a) In general. Certain aircraft arriving from areas south of the United
States that are subject to § 122.23 are
required to furnish a notice of intended
arrival in compliance with § 122.23. Subject aircraft must land for CBP processing at the nearest designated airport to the border or coastline crossing
point as listed under paragraph (b) unless exempted from this requirement in
accordance with § 122.25. In addition to
the requirements of this section, pilots
of aircraft to which § 122.23 is applicable must comply with all other landing
and notice of arrival requirements.
This requirement shall not apply to
those aircraft which have not landed in
foreign territory or are arriving directly from Puerto Rico, if the aircraft
was inspected by CBP officers in the
U.S. Virgin Islands, or otherwise
precleared by CBP officers at designated preclearance locations.
(b) List of designated airports. Private
aircraft required to furnish a notice of
intended arrival in compliance with
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§ 122.25
19 CFR Ch. I (4–1–12 Edition)
§ 122.23 shall land for Customs processing at the nearest designated airport to the border or coastline crossing
point as listed in this paragraph unless
exempted from this requirement in accordance with § 122.25. In addition to
the requirements of this section, private aircraft commanders must comply
with all other landing and notice of arrival requirements. This requirement
shall not apply to private aircraft
which have not landed in foreign territory or are arriving directly from Puerto Rico or if the aircraft was inspected
by Customs officers in the U.S. Virgin
Islands.
Location
Beaumont, Tex ....
Brownsville, Tex ..
Calexico, Calif ......
Corpus Christi,
Tex.
Del Rio, Tex .........
Douglas, Ariz .......
Douglas, Ariz .......
Eagle Pass, Tex ..
El Paso, Tex ........
Fort Lauderdale,
Fla.
Fort Lauderdale,
Fla.
Fort Pierce, Fla ....
Houston, Tex .......
Key West, Fla ......
Laredo, Tex .........
McAllen, Tex ........
Miami, Fla ............
Miami, Fla ............
Miami, Fla ............
Midland, TX .........
New Orleans, La ..
New Orleans, La ..
Nogales, Ariz .......
Presidio, Tex ........
San Antonio Tex ..
San Diego, Calif ..
Santa Teresa, N.
Mex.
Tampa, Fla ..........
Tucson, Ariz .........
West Palm Beach,
Fla.
Wilmington, NC ....
Yuma, Ariz ...........
Name
Jefferson County Airport.
Brownsville International Airport.
Calexico International Airport.
Corpus Christi International Airport.
Del Rio International Airport.
Bisbee-Douglas International Airport.
Douglas Municipal Airport.
Eagle Pass Municipal Airport.
El Paso International Airport.
Fort Lauderdale Executive Airport.
Fort Lauderdale-Hollywood International
Airport.
St. Lucie County Airport.
William P. Hobby Airport.
Key West International Airport.
Laredo International Airport.
Miller International Airport.
Miami International Airport.
Opa-Locka Airport.
Tamiami Airport.
Midland International Airport.
New Orleans International Airport
(Moissant Field).
New Orleans Lakefront Airport.
Nogales International Airport.
Presidio-Lely International Airport.
San Antonio International Airport.
Brown Field.
Santa Teresa Airport.
Tampa International Airport.
Tucson International Airport.
Palm Beach International Airport.
New Hanover County Airport
Yuma International Airport.
[T.D. 88–12, 53 FR 9292, Mar. 22, 1988, as
amended by 89–2, Dec. 21, 1988; T.D. 89–2, 53
FR 51272, Dec. 21, 1988; T.D. 89–44, 54 FR 14214,
Apr. 10, 1989; T.D. 93–67, 58 FR 44444, Aug. 23,
1993; T.D. 94–34, 59 FR 16122, Apr. 6, 1994; T.D.
97–35, 62 FR 24815, May 7, 1997; CBP Dec. 0801, 73 FR 12262, Mar. 7, 2008; CBP Dec. 08-43,
73 FR 68312, Nov. 18, 2008]
§ 122.25 Exemption from special landing requirements.
(a) Request. Any company or individual that has operational control
over an aircraft required to give advance notice of arrival under § 122.23
may request an exemption from the
landing requirements in § 122.24. Single
overflight exemptions may be granted
to entities involved in air ambulance
type operations when emergency situations arise and in cases involving the
non-emergency transport of persons
seeking medical treatment in the U.S.
All approvals of requests for overflight
exemptions and the granting of authority to be exempted from the landing requirements are at the discretion of the
port director. Exemptions may allow
aircraft to land at any airport in the
U.S. staffed by Customs. Aircraft traveling under an exemption shall continue to follow advance notice and general landing rights requirements.
(b) Procedure. An exemption request
shall be made to the port director at
the airport at which the majority of
Customs overflight processing is desired by the applicant. Except for air
ambulance operations and other flights
involving the non-emergency transport
of persons seeking medical treatment
in the U.S., the requests shall be signed
by an officer of the company or by the
requesting individual and be notarized
or witnessed by a Customs officer. The
requests shall be submitted:
(1) At least 30 days before the anticipated first arrival, if the request is for
an exemption covering a number of
flights over a period of one year, or
(2) At least 15 days before the anticipated arrival, if the request is for a single flight, or
(3) In cases involving air ambulance
operations when emergency situations
arise and other flights involving the
non-emergency transport of persons
seeking medical treatment in the U.S.,
if time permits, at least 24 hours prior
to departure. If this cannot be accomplished, Customs will allow receipt of
the overflight exemption application
up to departure time. In cases of extreme medical emergency, Customs
will accept overflight exemption requests in flight through a Federal
Aviation Administration Flight Service Station.
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U.S. Customs and Border Protection, DHS; Treasury
(c) Content of request. All requests for
exemption from special landing requirements, with the exception of
those for air ambulance operations and
other flights involving the non-emergency transport of persons seeking
medical treatment in the U.S., shall include the following information. Requests for exemptions for air ambulance operations and other flights involving the non-emergency transport
of persons for medical treatment in the
U.S. shall include the following information except for paragraphs (c)(5) and
(c)(6) of this section:
(1) Aircraft registration number(s)
and manufacturer’s serial number(s)
for all aircraft owned or operated by
the applicant that will be utilizing the
overflight exemption;
(2) Identification information for
each aircraft including class, manufacturer, type, number, color scheme, and
type of engine (e.g., turbojet, turbofan,
turboprop, reciprocating, helicopter,
etc.);
(3) A statement that the aircraft is
equipped with a functioning mode C
(altitude reporting) transponder which
will be in use during overflight, that
the overflights will be made in accord
with instrument flight rules (IFR), and
that the overflights will be made at altitudes above 12,500 feet mean sea level
(unless otherwise instructed by Federal
Aviation Administration controllers);
(4) Name and address of the applicant
operating the aircraft, if the applicant
is a business entity, the address of the
headquarters of the business (include
state of incorporation if applicable),
and the names, addresses, Social Security numbers (if available), and dates
of birth of the company officer or individual signing the application. If the
aircraft is operated under a lease, include the name, address, Social Security number (if available), and date of
birth of the owner if an individual, or
the address of the headquarters of the
business (include state of incorporation
if applicable), and the names, addresses, Social Security numbers, and dates
of birth of the officers of the business;
(5) Individual, signed applications
from each usual or anticipated pilot or
crewmember for all aircraft for which
an overflight exemption is sought stating name, address, Social Security
§ 122.25
number (if available), Federal Aviation
Administration certificate number (if
applicable), and place and date of birth;
(6) A statement from the individual
signing the application that the
pilot(s) and crewmember(s) responding
to paragraph (c)(5) of this section are
those intended to conduct overflights,
and that to the best of the individual’s
knowledge, the information supplied in
response to paragraph (c)(5) of this section is accurate;
(7) Names, addresses, Social Security
numbers (if applicable), and dates of
birth for all usual or anticipated passengers. An approved passenger must
be on board to utilize the overflight exemptions.
NOTE: Where the Social Security number is
requested, furnishing of the SSN is voluntary. The authority to collect the SSN is
19 U.S.C. 66, 1433, 1459 and 1624. The primary
purpose for requesting the SSN is to assist in
ascertaining the identity of the individual so
as to assure that only law-abiding persons
will be granted permission to land at interior
airports in the U.S. without first landing at
one of the airports designated in § 122.24. The
SSN will be made available to Customs personnel on a need-to-know basis. Failure to
provide the SSN may result in a delay in
processing of the application;
(8) Description of the usual or anticipated baggage or cargo if known, or the
actual baggage or cargo;
(9) Description of the applicant’s
usual business activity;
(10) Name(s) of the airport(s) of intended first landing in the U.S. Actual
overflights will only be permitted to
specific approved airports;
(11) Foreign place or places from
which flight(s) will usually originate;
and
(12) Reasons for request for overflight
exemption.
(d) Procedure following exemption. (1)
If an aircraft subject to § 122.23 is
granted an exemption from the landing
requirements as provided in this section, the aircraft commander shall notify Customs at least 60 minutes before:
(i) Crossing into the U.S. over a point
on the Pacific Coast north of 33 degrees
north latitude; or
(ii) Crossing into the U.S. over a
point of the Gulf of Mexico or Atlantic
Coast north of 30 degrees north latitude; or
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§ 122.26
19 CFR Ch. I (4–1–12 Edition)
(iii) Crossing into the U.S. over the
Southwestern land border (defined as
the
U.S.-Mexican
border
between
Brownsville, Texas, and San Diego,
California). Southwestern land border
crossings must be made while flying in
Federal Aviation Administration published airways.
(2) The notice shall be given to a designated airport specified in § 122.24. The
notice may be furnished directly to
Customs by telephone, radio or other
means, or may be furnished through
the Federal Aviation Administration
to Customs. If notice is furnished pursuant to this paragraph, notice pursuant to §§ 122.23 and 122.24 is unnecessary.
(3) All overflights must be conducted
pursuant to an instrument flight plan
filed with the Federal Aviation Administration or equivalent foreign aviation
authority prior to the commencement
of the overflight.
(4) The owner or aircraft commander
of an aircraft subject to § 122.23 granted
an exemption from the landing requirements must:
(i) Notify Customs of a change of
Federal Aviation Administration or
other (foreign) registration number for
the aircraft;
(ii) Notify Customs of the sale, theft,
modification or destruction of the aircraft;
(iii) Notify Customs of changes of
usual or anticipated pilots or crewmembers as specified in paragraph
(c)(5) of this section. Every pilot and
crewmember participating in an overflight must have prior Customs approval either through initial application and approval, or through a supplemental application submitted by the
new pilot or crewmember and approved
by Customs before commencement of
the pilot’s or crewmember’s first overflight.
(iv) Request permission from Customs to conduct an overflight to an
airport not listed in the initial overflight application as specified in paragraph (c)(10) of this section. The request must be directed to the port director who approved the initial request
for an overflight exemption.
(v) Retain copies of the initial request for an overflight exemption, all
supplemental applications from pilots
or crewmembers, and all requests for
additional landing privileges as well as
a copy of the letter from Customs approving each of these requests. The
copies must be carried on board any
aircraft during the conduct of an overflight.
(5) The notification specified in paragraph (d)(4) of this section must be
given to Customs within 5 working
days of the change, sale, theft, modification, or destruction, or before a
flight for which there is an exemption,
whichever occurs earlier.
(e) Inspection of aircraft having or requesting overflight exemption. Applicants
for overflight exemptions must agree
to make the subject aircraft available
for inspection by Customs to determine
if the aircraft is capable of meeting
Customs requirements for the proper
conduct of an overflight. Inspections
may be conducted during the review of
an initial application or at any time
during the term of an overflight exemption.
[T.D. 89–24, 53 FR 5429, Feb. 3, 1989, as amended by T.D. 89–24, 53 FR 6884 and 6988, Feb. 15,
1989; CBP Dec. 08-43, 73 FR 68312, Nov. 18,
2008]
§ 122.26
Entry and clearance.
Private aircraft, as defined in
§ 122.1(h), arriving in the United States
as defined in § 122.22, are not required
to formally enter. No later than 60
minutes prior to departure from the
United States as defined in § 122.22, to a
foreign location, manifest data for
each individual onboard a private aircraft and departure information must
be submitted as set forth in § 122.22(c).
Private aircraft must not depart the
United States to travel to a foreign location until CBP confirms receipt of
the appropriate manifest and departure
information as set forth in § 122.22(c),
and grants electronic clearance via
electronic mail or telephone.
[CBP Dec. 08-43, 73 FR 68312, Nov. 18, 2008]
§ 122.27
Documents required.
(a) Crewmembers and passengers. Crewmembers and passengers on a private
aircraft arriving in the U.S. shall make
baggage declarations as set forth in
part 148 of this chapter. An oral declaration of articles acquired in foreign
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U.S. Customs and Border Protection, DHS; Treasury
areas shall be made, unless a written
declaration on Customs Form 6059–B is
found necessary by inspecting officers.
(b) Cargo. (1) On arrival, cargo and
unaccompanied baggage not carried for
hire aboard a private aircraft may be
listed on a baggage declaration on Customs Form 6059–B, and shall be entered. If the cargo or unaccompanied
baggage is not listed on a baggage declaration, it shall be entered in the
same manner as cargo carried for hire
into the U.S.
(2) On departure, when a private aircraft leaves the U.S. carrying cargo not
for hire, the Bureau of Census (15 CFR
part 30) and the Export Administration
Regulations (15 CFR parts 730 through
774) and any other applicable export
laws shall be followed. A foreign landing certificate or certified copy of a
foreign Customs entry is required as
proof of exportation if the cargo includes:
(i) Merchandise valued at more than
$500.00; or
(ii) More than one case of alcoholic
beverages withdrawn from a Customs
bonded warehouse or otherwise in bond
for direct exportation by private aircraft.
A foreign landing certificate, when required, shall be produced within six
months from the date of exportation
and shall be signed by a revenue officer
of the foreign country to which the
merchandise is exported, unless it is
shown that the country has no Customs administration, in which case the
certificate may be signed by the consignee or by the vessel’s agent at the
place of landing.
(c) Pilot certificate/license, certificate of
registration—(1) Pilot certificate/license. A
commander of a private aircraft arriving in the U.S. must present for inspection a valid pilot certificate/license,
medical certificate, authorization, or
license held by that person, when presentation for inspection is requested by
a Customs officer.
(2) Certificate of registration. A valid
certificate of registration for private
aircraft which are U.S.-registered must
also be presented upon arrival in the
U.S., when presentation for inspection
is requested by a Customs officer. A socalled ‘‘pink slip’’ is a duplicate copy
of the Aircraft Registration Applica-
§ 122.31
tion (FAA Form AC 8050–1), and does
not constitute a valid certificate of
registration authorizing travel internationally.
[T.D. 88–12, 53 FR 9292, Mar. 22, 1988, as
amended by T.D. 91–61, 56 FR 32086, July 15,
1991; CBP Dec. 04–28, 69 FR 52599, Aug. 27,
2004]
§ 122.28 Private aircraft taken abroad
by U.S. residents.
An aircraft belonging to a resident of
the U.S. which is taken to a foreign
area for non-commercial purposes and
then returned to the U.S. by the resident shall be admitted under the conditions and procedures set forth in
§ 148.32 of this chapter. Repairs made
abroad, and accessories purchased
abroad shall be included in the baggage
declaration as required by § 148.32(c),
and may be subject to entry and payment of duty as provided in § 148.32.
§ 122.29 Arrival fee and overtime services.
Private aircraft may be subject to
the payment of an arrival fee for services provided as set forth in § 24.22 of
this chapter. For the procedures to be
followed in requesting overtime services in connection with the arrival of
private aircraft, see § 24.16 of this chapter.
[T.D. 93–85, 58 FR 54286, Oct. 21, 1993]
§ 122.30 Other Customs laws and regulations.
Sections 122.2 and 122.161 apply to private aircraft.
Subpart D—Landing Requirements
§ 122.31 Notice of arrival.
(a) Application. Except as provided in
paragraph (b) of this section, all aircraft entering the United States from a
foreign area must give advance notice
of arrival.
(b) Exceptions for scheduled aircraft of
a scheduled airline. Advance notice is
not required for aircraft of a scheduled
airline arriving under a regular schedule. The regular schedule must have
been filed with the port director for the
airport where the first landing is made.
(c) Giving notice of arrival—(1) Procedure—(i) Private aircraft. The pilot of a
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§ 122.32
19 CFR Ch. I (4–1–12 Edition)
private aircraft must give advance notice of arrival in accordance with
§ 122.22 of this part.
(ii) Aircraft arriving from Cuba. Aircraft arriving from Cuba must follow
the advance notice of arrival procedures set forth in § 122.154 in subpart O
of this part.
(iii) Certain aircraft arriving from areas
south of the United States. Certain aircraft arriving from areas south of the
United States (other than Cuba) must
follow the advance notice of arrival
procedures set forth in § 122.23 of this
part.
(iv) Other aircraft. The commander of
an aircraft not otherwise covered by
paragraphs
(c)(1)(i),
(c)(1)(ii)
and
(c)(1)(iii) of this section must give advance notice of arrival as set forth in
paragraph (d) of this section. Notice
must be given to the port director at
the place of first landing, either:
(A) Directly by radio, telephone, or
other method; or
(B) Through Federal Aviation Administration flight notification procedure
(see International Flight Information
Manual, Federal Aviation Administration).
(2) Reliable facilities. When reliable
means for giving notice are not available (for example, when departure is
from a remote place) a departure must
be made at a place where notice can be
sent prior to coming into the U.S.
(d) Contents of notice. The advance notice of arrival required by aircraft covered in paragraph (c)(1)(iv) of this section must include the following information:
(1) Type of aircraft and registration
number;
(2) Name (last, first, middle, if available) of aircraft commander;
(3) Place of last foreign departure;
(4) International airport of intended
landing or other place at which landing
has been authorized by CBP;
(5) Number of alien passengers;
(6) Number of citizen passengers; and
(7) Estimated time of arrival.
(e) Time of notice. Notice of arrival as
required
pursuant
to
paragraph
(c)(1)(iv) of this section must be furnished far enough in advance to allow
inspecting CBP officers to reach the
place of first landing of the aircraft
prior to the aircraft’s arrival.
(f) Notice of other Federal agencies.
When advance notice is received, the
port director will inform any other
concerned Federal agency.
[CBP Dec. 08-43, 73 FR 68312, Nov. 18, 2008]
§ 122.32 Aircraft required to land.
(a) Any aircraft coming into the U.S.,
from an area outside of the U.S., is required to land, unless it is denied permission to land in the U.S. by CBP pursuant to § 122.12(c), or is exempted from
landing by the Federal Aviation Administration.
(b) Conditional permission to land. CBP
has the authority to limit the locations where aircraft entering the U.S.
from a foreign area may land. As such,
aircraft must land at the airport designated in their APIS transmission unless instructed otherwise by CBP or
changes to the airport designation are
required for aircraft and/or airspace
safety as directed by the Federal Aviation Administration (FAA) flight services.
[CBP Dec. 08-43, 73 FR 68313, Nov. 18, 2008]
§ 122.33 Place of first landing.
(a) The first landing of an aircraft entering the United States from a foreign
area will be:
(1) At a designated international airport (see § 122.13), provided that permission to land has not been denied pursuant to § 122.12(c);
(2) At a landing rights airport if permission to land has been granted (see
§ 122.14); or
(3) At a designated user fee airport if
permission to land has been granted
(see § 122.15).
(b) Permission to land at a landing
rights airport or user fee airport is not
required for an emergency or forced
landing (see § 122.35).
[T.D. 92–90, 57 FR 43397, Sept. 21, 1992, as
amended by CBP Dec. 03–32, 68 FR 68170, Dec.
5, 2003]
§ 122.35 Emergency or forced landing.
(a) Application. This section applies
to emergency or forced landings made
by aircraft when necessary for safety
or the preservation of life or health,
when such aircraft are:
(1) Travelling from airport to airport
in the U.S. under a permit to proceed
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U.S. Customs and Border Protection, DHS; Treasury
(see §§ 122.52, 122.54 and 122.83(d)), or a
Customs Form 7509 (see § 122.113); or
(2) Coming into the U.S. from a foreign area.
(b) Notice. When an emergency or
forced landing is made, notice shall be
given:
(1) To the Customs Service at the intended place of first landing, nearest
international airport, or nearest port
of entry, as soon as possible;
(2) By the aircraft commander, other
person in charge, or aircraft owner,
who shall make a full report of the
flight and the emergency or forced
landing.
(c) Passengers and crewmembers. The
aircraft commander or other person in
charge shall keep all passengers and
crewmembers in a separate place at the
landing area until Customs officers arrive. Passengers and crewmembers may
be removed if necessary for safety, or
for the purpose of contacting Customs.
(d) Merchandise and baggage. The aircraft commander or other person in
charge shall keep all merchandise and
baggage together and unopened at the
landing area until Customs officers arrive. The merchandise and baggage
may be removed for safety or to protect property.
(e) Mail. Mail may be removed from
the aircraft, but shall be delivered at
once to an officer or employee of the
Postal Service.
§ 122.36 Responsibility of aircraft commander.
If an aircraft lands in the U.S. and
Customs officers have not arrived, the
aircraft commander shall hold the aircraft, and any merchandise or baggage
on the aircraft for inspection. Passengers and crewmembers shall be kept
in a separate place until Customs officers authorize their departure.
§ 122.37
Precleared aircraft.
(a) Application. This section applies
when aircraft carrying crew, passengers and baggage, or merchandise
which has been precleared pursuant to
§ 148.22 of this chapter at a location
listed in § 101.5 of this chapter and
makes an unscheduled or unintended
landing at an airport in the U.S.
§ 122.38
(b) Notice. The aircraft commander or
agent shall give written notice to the
Customs office at:
(1) The intended place of unlading;
and
(2) The place of preclearance.
(c) Time of notice. Notice shall be
given within 7 days of the unscheduled
or unintended landing unless other arrangements have been made in advance
between the carrier and the port director.
§ 122.38 Permit and special license to
unlade and lade.
(a) Applicability. Before any passengers, baggage, or merchandise may
be unladen or laden aboard on arrival
or departure of an aircraft subject to
these regulations, a permit and/or special license to unlade or lade shall be
obtained from Customs.
(1) Permit to unlade or lade. A permit
is required to obtain Customs supervision of unlading and lading during official Customs duty hours.
(2) Special license to unlade or lade. A
special license is required to obtain
Customs supervision of unlading and
lading at any time not within official
Customs duty hours (generally, during
overtime hours, Sundays or holidays).
(b) Authorization required. A permit or
special license shall be required for
each arrival and departure unless a
term permit or special license has been
granted. No permit or special license
shall be issued unless the carrier complies with the terminal facilities and
employee list requirements of § 4.30 of
this chapter.
(c) Term permit or special license. A
term permit or special license may be
issued covering all arrivals and departures during a period of up to one year,
providing local arrangements have
been made to notify Customs before
services are needed. The notice shall
specify the kinds of services requested,
and the exact times they will be needed. No term permit or special license
shall be issued, and any term permit or
special license already issued shall be
revoked, unless the carrier complies
with the terminal facilities and employee list requirements of § 4.30 of this
chapter. In addition, a term permit or
special license to unlade or lade already issued will not be applicable to
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§ 122.41
19 CFR Ch. I (4–1–12 Edition)
any inbound or outbound flight, with
respect to which Customs and Border
Protection (CBP) has not received the
advance electronic cargo information
required, respectively, under § 122.48a
or 192.14(b)(1)(ii) of this chapter (see
paragraph (g) of this section).
(d) Procedures. The application for a
permit and special license to unlade or
lade shall be made by the owner, operator, or agent for an aircraft on Customs Form 3171, and shall be submitted
to the port director for the airport
where the unlading and lading will
take place. The application shall be accompanied by a bond on Customs Form
301, containing the bond conditions set
forth in subpart G of part 113 of this
chapter, or a cash deposit, unless this
requirement is waived under paragraph
(e) of this section.
(e) Waiver of bond. To insure prompt
and orderly clearance of the aircraft,
passengers, baggage, or merchandise,
the port director may waive the requirement under paragraph (d) of this
section that either a bond or a cash deposit be made, if he is convinced the
revenue is protected and that all Customs requirements are satisfied.
(f) Automatic renewal of term permit or
special license. Automatic renewal of a
term permit or special license may be
requested by the owner, operator, or
agent for an aircraft when a bond on
Customs Form 301 containing the appropriate bond conditions set forth in
subpart G of part 113 of this chapter is
on file. The request shall be for successive annual periods which conform to
the automatic renewal periods of the
bond. An application will be approved
by the port director unless specific reasons exist for denial. If a request for
automatic renewal is not approved, the
port director shall notify the requestor, and shall state the reasons for
the denial. To apply for automatic renewal, item 10 on Customs Form 3171
shall be changed by adding the following words after the period of time
indicated: ‘‘And automatic annual renewal thereof for so long as the bond is
renewed and remains in effect.’’
(g) Advance receipt of electronic cargo
information. The CBP will not issue a
permit to unlade or lade cargo upon arrival or departure of an aircraft, and a
term permit or special license already
issued will not be applicable to any inbound or outbound flight, with respect
to which CBP has not received the advance electronic cargo information required, respectively, under § 122.48a or
192.14 of this chapter. In cases in which
CBP does not receive complete cargo
information in the time and manner
and in the electronic format required
by § 122.48a or 192.14 of this chapter, as
applicable, CBP may delay issuance of
a permit or special license to unlade or
lade cargo, and a term permit or special license to unlade or lade already
issued may not apply, until all required
information is received. The CBP may
also decline to issue a permit or special
license to unlade or lade, and a term
permit or special license already issued
may not apply, with respect to the specific cargo for which advance information is not timely received electronically, as specified in § 122.48a or
192.14(b)(1)(ii) of this chapter.
[T.D. 88–12, 53 FR 9292, Mar. 22, 1988, as
amended by T.D. 94–2, 58 FR 68526, Dec. 28,
1993; CBP Dec. 03–32, 68 FR 68170, Dec. 5, 2003]
Subpart E—Aircraft Entry and Entry
Documents; Electronic Manifest Requirements for Passengers, Crew Members, and
Non-Crew Members Onboard
Commercial Aircraft Arriving
In, Continuing Within, and
Overflying the United States
§ 122.41
Aircraft required to enter.
All aircraft coming into the United
States from a foreign area must make
entry under this subpart except:
(a) Public and private aircraft;
(b) Aircraft chartered by, and transporting only cargo that is the property
of, the U.S. Department of Defense
(DoD), where the DoD-chartered aircraft is manned entirely by the civilian
crew of the air carrier under contract
to DoD; and
(c) Aircraft traveling from airport to
airport in the U.S. under subpart I, relating to residue cargo procedures.
[T.D. 88–12, 53 FR 9292, Mar. 22, 1988, as
amended by CBP Dec. 03–32, 68 FR 68170, Dec.
5, 2003]
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U.S. Customs and Border Protection, DHS; Treasury
§ 122.42
Signature
Aircraft entry.
(a) By whom. Entry shall be made by
the aircraft commander or an agent.
(b) Place of entry—(1) First landing at
international airport. Entry shall be
made at the international airport at
which first landing is made.
(2) First landing at another airport. If
the first landing is not at an international airport pursuant to §§ 122.14,
122.15, or 122.35, the aircraft commander or agent shall make entry at
the nearest international airport or
port of entry, unless some other place
is allowed for the purpose.
(c) Delivery of forms. When the aircraft arrives, the aircraft commander
or agent shall deliver any required
forms to the Customs officer at the
place of entry at once.
(d) Exception to entry requirement. Except for flights to Cuba (provided for in
subpart O of this part), an aircraft of a
scheduled airline which stops only for
refueling at the first place or arrival in
the U.S. shall not be required to enter
provided:
(1) That such aircraft departs within
24 hours after arrival;
(2) No cargo, crew, or passengers are
off-loaded; and
(3) Landing rights at that airport as
either a regular or alternate landing
place shall have been previously secured.
[T.D. 88–12, 53 FR 9292, Mar. 22, 1988, as
amended at CBP Dec. 10–29, 75 FR 52452, Aug.
26, 2010]
§ 122.43 General declaration.
(a) When required. A general declaration, Customs Form 7507, shall be filed
for all aircraft required to enter under
§ 122.41 (Aircraft required to enter).
(b) Exception. Aircraft arriving directly from Canada on a flight beginning in Canada and ending in the U.S.
need not file a general declaration to
enter. Instead, an air cargo manifest
(see § 122.48) may be filed in place of the
general declaration, regardless of
whether cargo is on board. The air
cargo manifest shall state the following:
I certify to the best of my knowledge and
belief that this manifest contains an exact
and true account of all cargo on board this
aircraft.
§ 122.46
llllllllllllllllll
(Aircraft Commander or Agent)
(c) Form. The general declaration
shall be on Customs Form 7507 or on a
privately printed form prepared under
§ 122.5. The form shall contain all required information, unless the information is given in some other manner
under subpart E of this part.
§ 122.44
Crew baggage declaration.
If an aircraft enters the U.S. from a
foreign area, aircraft crewmembers
shall file a crew baggage declaration as
provided in subpart G, part 148 of this
chapter.
§ 122.45
Crew list.
(a) When required. A crew list shall be
filed by all aircraft required to enter
under § 122.41.
(b) Exception. No crew list is required
for aircraft arriving directly from Canada on a flight beginning in Canada
and ending in the U.S. Instead, the
total number of crewmembers may be
shown on the general declaration.
(c) Form. The crew list shall show the
full name (last name, first name, middle initial) of each crewmember, either:
(1) On the general declaration in the
column headed ‘‘Total Number of
Crew’’; or
(2) On a separate, clearly marked
document.
(d) Crewmembers returning as passengers. Crewmembers of any aircraft
returning to the U.S. as passengers on
a commercial aircraft from a trip on
which they were employed as crewmembers shall be listed on the aircraft
general declaration or crew list.
§ 122.46
Crew purchase list.
(a) When required. A crew purchase
list shall be filed with the general declaration for any aircraft required to
enter under § 122.41.
(b) Exception. A crew purchase list is
not required for aircraft arriving directly from Canada on a flight beginning in Canada and ending in the U.S.
If a written crew declaration is required for the aircraft under subpart G
of part 148 of this chapter (Crewmember Declarations and Exemptions),
it shall be attached to the air cargo
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§ 122.47
19 CFR Ch. I (4–1–12 Edition)
manifest, along with the number of any
written crew declarations.
(c) Form. If a crewmember enters articles for which a written crew declaration is not required (see subpart G,
part 148 of this chapter), the articles
shall be listed next to the crewmember’s name on the general declaration, or on the attached crew purchase
list. Articles listed on a written crew
declaration need not be listed on the
crew purchase list if:
(1) The crew declaration is attached
to the general declaration, or to the
crew list which in turn is attached to
the general declaration; and
(2) The statement ‘‘Crew purchases as
per attached crew declaration’’ appears
on the general declaration or crew list.
§ 122.47 Stores list.
(a) When required. A stores list shall
be filed for all aircraft required to
enter under § 122.41.
(b) Form. The aircraft stores shall be
listed on the cargo manifest or on a
separate list. If the stores are listed on
a separate list, the list must be attached to the cargo manifest. The
statement ‘‘Stores List Attached’’
must appear on the cargo manifest.
(c) Contents—(1) Required listing. The
stores list shall include all of the following:
(i) Alcoholic beverages, cigars, cigarettes and narcotic drugs, whether domestic or foreign;
(ii) Bonded merchandise arriving as
stores;
(iii) Foreign merchandise arriving as
stores; and
(iv) Equipment which must be licensed by the Secretary of State (see
§ 122.48(b)).
(2) Other articles. In the case of aircraft of scheduled airlines, other domestic supplies and equipment (if not
subject to license) and fuel may be
dropped from the stores list if the
statement ‘‘Domestic supplies and
equipment and fuel for immediate
flight only, except as noted’’ appears
on the cargo manifest or on the separate stores list. The stores list shall be
attached to the cargo manifest.
(d) Other statutes. Section 446, Tariff
Act of 1930, as amended (19 U.S.C. 1446),
which covers supplies and stores kept
on board vessels, applies to aircraft ar-
riving in the U.S. from any foreign
area.
§ 122.48
Air cargo manifest.
(a) When required. Except as provided
in paragraphs (d) and (e) of this section, an air cargo manifest need not be
filed or retained aboard the aircraft for
any aircraft required to enter under
§ 122.41. However, an air cargo manifest
for all cargo on board must otherwise
be available for production upon demand. The general declaration must be
filed as provided in § 122.43.
(b) Exception. A cargo manifest is not
required for merchandise, baggage and
stores arriving from and departing for
a foreign country on the same through
flight. Any cargo manifest already on
board may be inspected. All articles on
board which must be licensed by the
Secretary of State shall be listed on
the cargo manifest. Company mail
shall be listed on the cargo manifest.
(c) Form. The air cargo manifest, Customs Form 7509, must contain all required information regarding all cargo
on board the aircraft, except that a
more complete description of the cargo
shipped may be provided by attaching
to the manifest copies of the air waybills covering the cargo on board, including, if a consolidated shipment,
any house air waybills. When copies of
air waybills are attached, the statement ‘‘Cargo as per air waybills attached’’ must appear on the manifest.
The manifest must reference an 11digit air waybill number for each air
waybill it covers. The air waybill number must not be used by the issuer for
another air waybill for a period of one
year after issuance.
(d) Unaccompanied baggage. Unaccompanied baggage arriving in the U.S.
under a check number from any foreign
country by air and presented timely to
Customs may be authorized for delivery by the carrier after inspection and
examination without preparation of an
entry, declaration, or being manifested
as cargo. Such baggage must be found
to be free of duty or tax under any provision of Chapter 98, HTSUS (19 U.S.C.
1202), and cannot be restricted or prohibited. Unaccompanied checked baggage not presented timely to Customs
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U.S. Customs and Border Protection, DHS; Treasury
or presented timely and found by Customs to be dutiable, restricted, or prohibited may be subject to seizure. Such
unaccompanied checked baggage shall
be added to the cargo list in columns
under the following headings:
Check
No.
Description
Where
from
Destination
Name of
examining officer
Disposition
The two columns, headed ‘‘Name of examining officer’’ and ‘‘Disposition,’’
are provided on the cargo manifest for
the
use
of
Customs
officers.
Unaccompained unchecked baggage arriving as air express or freight shall be
manifested as other air express or
freight.
(e) Accompanied baggage in transit.
This section applies when accompanied
baggage enters into the U.S. in one aircraft and leaves the U.S. in another
aircraft. When passengers do not have
access to their baggage while in transit
through the U.S., the baggage is considered cargo and shall be listed on
Customs Form 7509, Air Cargo Manifest.
[T.D. 88–12, 53 FR 9292, Mar. 22, 1988, as
amended by T.D. 89–1, 53 FR 51255, Dec. 21,
1988; T.D. 02–51, 67 FR 55721, Aug. 30, 2002;
CBP Dec. 03–32, 68 FR 68170, Dec. 5, 2003]
§ 122.48a Electronic information for
air cargo required in advance of arrival.
(a) General requirement. Pursuant to
section 343(a), Trade Act of 2002, as
amended (19 U.S.C. 2071 note), for any
inbound aircraft required to enter
under § 122.41, that will have commercial cargo aboard, Customs and Border
Protection (CBP) must electronically
receive from the inbound air carrier
and, if applicable, an approved party as
specified in paragraph (c)(1) of this section, certain information concerning
the incoming cargo, as enumerated, respectively, in paragraphs (d)(1) and
(d)(2) of this section. The CBP must receive such information no later than
the time frame prescribed in paragraph
(b) of this section. The advance electronic transmission of the required
cargo information to CBP must be ef-
§ 122.48a
fected through a CBP-approved electronic data interchange system.
(1) Cargo remaining aboard aircraft;
cargo to be entered under bond. Air cargo
arriving from and departing for a foreign country on the same through
flight and cargo that is unladen from
the arriving aircraft and entered, in
bond, for exportation, or for transportation and exportation (see subpart J
of this part), are subject to the advance
electronic information filing requirement under paragraph (a) of this section.
(2) Diplomatic Pouches and Diplomatic
Cargo. When goods comprising a diplomatic or consular bag (including cargo
shipments, containers, and the like
identified as Diplomatic Pouch) that
belong to the United States or to a foreign government are shipped under an
air waybill, such cargo is subject to the
advance reporting requirements, but
the description of the shipment as Diplomatic Pouch will be sufficient detail
for description. Shipments identified as
Diplomatic Cargo, such as office supplies or unaccompanied household
goods, are subject to the advance reporting requirements of paragraph (a)
of this section.
(b) Time frame for presenting data—(1)
Nearby foreign areas. In the case of aircraft under paragraph (a) of this section that depart for the United States
from any foreign port or place in North
America, including locations in Mexico, Central America, South America
(from north of the Equator only), the
Caribbean, and Bermuda, CBP must receive the required cargo information
no later than the time of the departure
of the aircraft for the United States
(the trigger time is no later than the
time that wheels are up on the aircraft,
and the aircraft is en route directly to
the United States).
(2) Other foreign areas. In the case of
aircraft under paragraph (a) of this section that depart for the United States
from any foreign area other than that
specified in paragraph (b)(1) of this section, CBP must receive the required
cargo information no later than 4
hours prior to the arrival of the aircraft in the United States.
(c) Party electing to file advance electronic cargo data—(1) Other filer. In addition to incoming air carriers for
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§ 122.48a
19 CFR Ch. I (4–1–12 Edition)
whom participation is mandatory, one
of the following parties meeting the
qualifications of paragraph (c)(2) of
this section, may elect to transmit to
CBP the electronic data for incoming
cargo that is listed in paragraph (d)(2)
of this section:
(i) An Automated Broker Interface
(ABI) filer (importer or its Customs
broker) as identified by its ABI filer
code;
(ii) A Container Freight Station/
deconsolidator as identified by its
FIRMS (Facilities Information and Resources Management System) code;
(iii) An Express Consignment Carrier
Facility as identified by its FIRMS
code; or,
(iv) An air carrier as identified by its
carrier IATA (International Air Transport Association) code, that arranged
to have the incoming air carrier transport the cargo to the United States.
(2) Eligibility. To be qualified to file
cargo information electronically, a
party identified in paragraph (c)(1) of
this section must establish the communication protocol required by CBP for
properly presenting cargo information
through the approved data interchange
system. Also, other than a broker or an
importer (see § 113.62(k)(2) of this chapter), the party must possess a Customs
international carrier bond containing
all the necessary provisions of § 113.64
of this chapter.
(3) Nonparticipation by other party. If
another party as specified in paragraph
(c)(1) of this section does not participate in advance electronic cargo information filing, the party that arranges
for and/or delivers the cargo shipment
to the incoming carrier must fully disclose and present to the carrier the
cargo information listed in paragraph
(d)(2) of this section; and the incoming
carrier, on behalf of the party, must
present this information electronically
to CBP under paragraph (a) of this section.
(4) Required information in possession
of third party. Any other entity in possession of required cargo data that is
not the incoming air carrier or a party
described in paragraph (c)(1) of this
section must fully disclose and present
the required data for the inbound air
cargo to either the air carrier or other
electronic filer, as applicable, which
must present such data to CBP.
(5) Party receiving information believed
to be accurate. Where the party electronically presenting the cargo information required in paragraph (d) of
this section receives any of this information from another party, CBP will
take into consideration how, in accordance with ordinary commercial practices, the presenting party acquired
such information, and whether and how
the presenting party is able to verify
this information. Where the presenting
party is not reasonably able to verify
such information, CBP will permit the
party to electronically present the information on the basis of what that
party reasonably believes to be true.
(d) Non-consolidated/consolidated shipments. For non-consolidated shipments,
the incoming air carrier must transmit
to CBP all of the information for the
air waybill record, as enumerated in
paragraph (d)(1) of this section. For
consolidated shipments: the incoming
air carrier must transmit to CBP the
information listed in paragraph (d)(1)
of this section that is applicable to the
master air waybill; and the air carrier
must transmit cargo information for
all associated house air waybills as
enumerated in paragraph (d)(2) of this
section, unless another party as described in paragraph (c)(1) of this section electronically transmits this information directly to CBP.
(1) Cargo information from air carrier.
The incoming air carrier must present
to CBP the following data elements for
inbound air cargo (an ‘‘M’’ next to any
listed data element indicates that the
data element is mandatory in all cases;
a ‘‘C’’ next to the listed data element
indicates that the data element is conditional and must be transmitted to
CBP only if the particular information
pertains to the inbound cargo):
(i) Air waybill number (M) (The air
waybill number is the International
Air Transport Association (IATA)
standard 11-digit number);
(ii) Trip/flight number (M);
(iii) Carrier/ICAO (International Civil
Aviation Organization) code (M) (The
approved electronic data interchange
system supports both 3- and 2-character ICAO codes, provided that the
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final digit of the 2-character code is
not a numeric value);
(iv) Airport of arrival (M) (The 3alpha character ICAO code corresponding to the first airport of arrival in the Customs territory of the
United States (for example, Chicago
O’Hare = ORD; Los Angeles International Airport = LAX));
(v) Airport of origin (M) (The 3-alpha
character ICAO code corresponding to
the airport from which a shipment
began its transportation by air to the
United States (for example, if a shipment began its transportation from
Hong Kong (HKG), and it transits
through Narita, Japan (NRT), en route
to the United States, the airport of origin is HKG, not NRT));
(vi) Scheduled date of arrival (M);
(vii) Total quantity based on the
smallest external packing unit (M) (for
example, 2 pallets containing 50 pieces
each would be considered as 100, not 2);
(viii) Total weight (M) (may be expressed in either pounds or kilograms);
(ix) Precise cargo description (M) (for
consolidated shipments, the word
‘‘Consolidation’’ is a sufficient description for the master air waybill record;
for non-consolidated shipments, a precise cargo description or the 6-digit
Harmonized Tariff Schedule (HTS)
number must be provided (generic descriptions, specifically those such as
‘‘FAK’’ (‘‘freight of all kinds’’), ‘‘general cargo’’, and ‘‘STC’’ (‘‘said to contain’’) are not acceptable));
(x) Shipper name and address (M) (for
consolidated shipments, the identity of
the consolidator, express consignment
or other carrier, is sufficient for the
master air waybill record; for non-consolidated shipments, the name of the
foreign vendor, supplier, manufacturer,
or other similar party is acceptable
(and the address of the foreign vendor,
etc., must be a foreign address); by contrast, the identity of a carrier, freight
forwarder or consolidator is not acceptable);
(xi) Consignee name and address (M)
(for consolidated shipments, the identity of the container station, express
consignment or other carrier is sufficient for the master air waybill record;
for non-consolidated shipments, the
name and address of the party to whom
the cargo will be delivered is required,
§ 122.48a
with the exception of ‘‘FROB’’ (Foreign
Cargo Remaining On Board); this party
need not be located at the arrival or
destination port);
(xii) Consolidation identifier (C);
(xiii) Split shipment indicator (C)
(see paragraph (d)(3) of this section for
the specific data elements that must be
presented to CBP in the case of a split
shipment);
(xiv) Permit to proceed information
(C) (this element includes the permitto-proceed destination airport (the 3alpha character ICAO code corresponding to the permit-to-proceed
destination airport); and the scheduled
date of arrival at the permit-to-proceed
destination airport);
(xv) Identifier of other party which is
to submit additional air waybill information (C);
(xvi) In-bond information (C) (this
data element includes the destination
airport;
the
international/domestic
identifier (the in-bond type indicator);
the in-bond control number, if there is
one (C); and the onward carrier identifier, if applicable (C)); and
(xvii) Local transfer facility (C) (this
facility is a Container Freight Station
as identified by its FIRMS code, or the
warehouse of another air carrier as
identified by its carrier code).
(2) Cargo information from carrier or
other filer. The incoming air carrier
must present the following additional
information to CBP for the incoming
cargo, unless another party as specified
in paragraph (c)(1) of this section
elects to present this information directly to CBP. Information for all
house air waybills under a single master air waybill consolidation must be
presented electronically to CBP by the
same party. (An ‘‘M’’ next to any listed
data element indicates that the data
element is mandatory in all cases; a
‘‘C’’ next to any listed data element indicates that the data element is conditional and must be transmitted to CBP
only if the particular information pertains to the inbound cargo):
(i) The master air waybill number
and the associated house air waybill
number (M) (the house air waybill
number may be up to 12 alphanumeric
characters (each alphanumeric character that is indicated on the paper
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§ 122.48a
19 CFR Ch. I (4–1–12 Edition)
house air waybill document must be included in the electronic transmission;
alpha characters may not be eliminated));
(ii) Foreign airport of origin (M) (The
3-alpha character ICAO code corresponding to the airport from which a
shipment began its transportation by
air to the United States (for example,
if a shipment began its transportation
from Hong Kong (HKG), and it transits
through Narita, Japan (NRT), en route
to the United States, the airport of origin is HKG, not NRT));
(iii) Cargo description (M) (a precise
description of the cargo or the 6-digit
Harmonized Tariff Schedule (HTS)
number must be provided);
(iv) Total quantity based on the
smallest external packing unit (M) (for
example, 2 pallets containing 50 pieces
each would be considered as 100, not 2);
(v) Total weight of cargo (M) (may be
expressed in either pounds or kilograms);
(vi) Shipper name and address (M)
(the name of the foreign vendor, supplier, manufacturer, or other similar
party is acceptable (and the address of
the foreign vendor, etc., must be a foreign address); by contrast, the identity
of a carrier, freight forwarder or
consolidator is not acceptable);
(vii) Consignee name and address (M)
(the name and address of the party to
whom the cargo will be delivered in the
United States, with the exception of
‘‘FROB’’ (Foreign Cargo Remaining On
Board); this party need not be located
at the arrival or destination port); and
(viii) In-bond information (C) (this
data element includes the destination
airport;
the
international/domestic
identifier (the in-bond type indicator);
the in-bond control number, if there is
one (C); and the onward carrier identifier, if applicable (C)).
(3) Additional cargo information from
air carrier; split shipment. When the incoming air carrier elects to transport
cargo covered under a single consolidated air waybill on more than one aircraft as a split shipment (see § 141.57 of
this chapter), the carrier must report
the following additional information
for each house air waybill covered
under the consolidation (An ‘‘M’’ next
to any listed data element indicates
that the data element is mandatory in
all cases; a ‘‘C’’ next to any listed data
element indicates that the data element is conditional and must be transmitted to CBP only if the particular information pertains to the inbound
cargo):
(i) The master and house air waybill
number (M) (The master air waybill
number is the IATA standard 11-digit
number; the house air waybill number
may be up to 12 alphanumeric characters (each alphanumeric number that
is indicated on the paper house air
waybill must be included in the electronic transmission; alpha characters
may not be eliminated));
(ii) The trip/flight number (M);
(iii) The carrier/ICAO code (M) (The
approved electronic data interchange
system supports both 3- and 2-character ICAO codes, provided that the
final digit of the 2-character code is
not a numeric value);
(iv) The airport of arrival (M) (The 3alpha character ICAO code corresponding to the first airport of arrival in the Customs territory of the
United States (for example, Chicago
O’Hare = ORD; Los Angeles International Airport = LAX));
(v) The airport of origin (M) (The 3alpha character ICAO code corresponding to the airport from which a
shipment began its transportation by
air to the United States (for example,
if a shipment began its transportation
from Hong Kong (HKG), and it transits
through Narita, Japan (NRT), en route
to the United States, the airport of origin is HKG, not NRT));
(vi) Scheduled date of arrival (M);
(vii) The total quantity of the cargo
covered by the house air waybill based
on the smallest external packing unit
(M) (For example, 2 pallets containing
50 pieces each would be considered as
100, not 2);
(viii) The total weight of the cargo
covered by the house air waybill (M)
(May be expressed in either pounds or
kilograms);
(ix) Description (M) (This description
should mirror the precise level of cargo
description information that is furnished to the incoming carrier by the
other electronic filer, if applicable (see
paragraph (c)(1) of this section));
(x) Permit-to-proceed information (C)
(This element includes the permit-to-
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proceed destination airport (the 3alpha character ICAO code corresponding to the permit-to-proceed
destination airport); and the scheduled
date of arrival at the permit-to-proceed
destination airport);
(xi) Boarded quantity (C) (The quantity of the cargo covered by the house
air waybill (see paragraph (d)(3)(vii) of
this section) that is included in the incoming portion of the split shipment);
and
(xii) Boarded weight (C) (The weight
of the cargo covered by the house air
waybill (see paragraph (d)(3)(viii) of
this section) that is included in the incoming portion of the split shipment).
[CBP Dec. 03–32, 68 FR 68170, Dec. 5, 2003, as
amended at CBP Dec. 08–46, 73 FR 71782, Nov.
25, 2008; CBP Dec. 09–39, 74 FR 52677, Oct. 14,
2009]
§ 122.49 Correction of air cargo manifest or air waybill.
(a) Shortages—(1) Reporting. Shortages
(merchandise listed on the manifest or
air waybill but not found) shall be reported to the port director by the aircraft commander or agent. The report
shall be made:
(i) On a Customs Form 5931, filled out
and signed by the importer and the importing or bonded carrier; or
(ii) On a Customs Form 5931, filled
out and signed by the importer alone
under § 158.3 of this chapter; or
(iii) On a copy of the cargo manifest,
which shall be marked ‘‘Shortage Declaration,’’ and must list the merchandise involved and the reasons for the
shortage.
(2) Time to file. Shortages shall be reported within the time set out in part
158 of this chapter, or within 30 days of
aircraft entry.
(3) Evidence. The aircraft commander
or agent shall supply proof of the claim
that:
(i) Shortage merchandise was not imported, or was properly disposed of; or
(ii) That corrective action was taken.
This proof shall be kept in the carrier
file for one year from the date of aircraft entry.
(b) Overages—(1) Reporting. Overages
(merchandise found but not listed on
the manifest or air waybill) shall be reported to the port director by the air-
§ 122.49
craft commander or agent. The report
shall be made:
(i) On a Customs Form 5931; or
(ii) On a separate copy of the cargo
manifest which is marked ‘‘Post
Entry’’ and lists the overage merchandise and the reason for the overage.
(2) Time to file. Overages shall be reported within 30 days of aircraft entry.
(3) Evidence. Satisfactory proof of the
reasons for the overage shall be kept
on file by the carrier for one year from
the date of the report.
(c) Statement on cargo manifest. If the
air cargo manifest is used to report
shortages or overages, the Shortages
Declaration or Post Entry must include the signed statement of the aircraft commander or agent as follows:
I declare to the best of my knowledge and
belief that the discrepancy described herein
occurred for the reason stated. I also certify
that evidence to support the explanation of
the discrepancy will be retained in the carrier’s files for a period of at least one year
and will be made available to Customs on demand.
Signature llllllllllllllllll
(Aircraft Commander or Agent)
(d) Notice by port director. The port director shall immediately notify the
aircraft commander or agent of any
shortages or overages that were not reported by the aircraft commander or
agent. Notice shall be given by sending
a copy of Customs Form 5931 to the aircraft commander or agent, or in any
other appropriate way. The aircraft
commander or agent shall make a satisfactory reply within 30 days of entry
of the aircraft or receipt of the notice,
whichever is later.
(e) Correction not required. A correction in the manifest or air waybill is
not required if:
(1) The port director is satisfied that
the difference between the quantity of
bulk merchandise listed on the manifest or air waybill, and the quantity
unladen, is the usual difference caused
by absorption or loss of moisture, temperature, faulty weighing at the airport, or other such reason; and
(2) The marks or numbers on merchandise packages are different from
the marks or numbers listed on the
cargo manifest for those packages if
the quantity and description of the
merchandise is given correctly.
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§ 122.49a
19 CFR Ch. I (4–1–12 Edition)
(f) Statutes applicable. If an aircraft
arrives in the U.S. from a foreign area
with merchandise and unaccompanied
baggage for which a manifest or air
waybill must be filed, section 584 (concerning manifest violations), Tariff Act
of 1930, as amended (19 U.S.C. 1584, applies.
[T.D. 88–12, 53 FR 9292, Mar. 22, 1988, as
amended by T.D. 98–74, 63 FR 51288, Sept. 25,
1998]
§ 122.49a Electronic manifest requirement for passengers onboard commercial aircraft arriving in the
United States.
(a) Definitions. The following definitions apply for purposes of this section:
Appropriate official. ‘‘Appropriate official’’ means the master or commanding
officer, or authorized agent, owner, or
consignee, of a commercial aircraft;
this term and the term ‘‘carrier’’ are
sometimes used interchangeably.
Carrier. See ‘‘Appropriate official.’’
Commercial aircraft. ‘‘Commercial aircraft’’ has the meaning provided in
§ 122.1(d) and includes aircraft engaged
in passenger flight operations, allcargo flight operations, and dual flight
operations involving the transport of
both cargo and passengers.
Crew Member. ‘‘Crew member’’ means
a person serving on board an aircraft in
good faith in any capacity required for
normal operation and service of the
flight. In addition, the definition of
‘‘crew member’’ applicable to this section should not be applied in the context of other customs laws, to the extent this definition differs from the
meaning of ‘‘crew member’’ contemplated in such other customs laws.
Departure. ‘‘Departure’’ means the
point at which the wheels are up on the
aircraft and the aircraft is en route directly to its destination.
Emergency.
‘‘Emergency’’
means,
with respect to an aircraft arriving at
a U.S. port due to an emergency, an urgent situation due to a mechanical,
medical, or security problem affecting
the flight, or to an urgent situation affecting the non-U.S. port of destination
that necessitates a detour to a U.S.
port.
Passenger. ‘‘Passenger’’ means any
person, including a Federal Aviation
Administration (FAA) Aviation Secu-
rity Inspector with valid credentials
and authorization, being transported
on a commercial aircraft who is not a
crew member.
Securing the aircraft. ‘‘Securing the
aircraft’’ means the moment the aircraft’s doors are closed and secured for
flight.
United States. ‘‘United States’’ means
the continental United States, Alaska,
Hawaii, Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands (beginning November 28, 2009),
and the Virgin Islands of the United
States.
(b) Electronic arrival manifest—(1) General (i)—Basic requirement. Except as
provided in paragraph (c) of this section, an appropriate official of each
commercial aircraft (carrier) arriving
in the United States from any place
outside the United States must transmit to the Advance Passenger Information System (APIS; referred to in this
section as the Customs and Border Protection (CBP) system), the electronic
data interchange system approved by
CBP for such transmissions, an electronic passenger arrival manifest covering all passengers checked in for the
flight. A passenger manifest must be
transmitted separately from a crew
member
manifest
required
under
§ 122.49b if transmission is in U.S.
EDIFACT format. The passenger manifest must be transmitted to the CBP
system at the place and time specified
in paragraph (b)(2) of this section, in
the manner set forth under paragraph
(b)(1)(ii) of this section.
(ii) Transmission of manifests. A carrier required to make passenger arrival
manifest transmissions to the CBP system under paragraph (b)(1)(i) of this
section must make the required transmissions,
covering
all
passengers
checked in for the flight, in accordance
with either paragraph (b)(1)(ii)(A), (B),
(C), or (D) of this section, as follows:
(A) Non-interactive batch transmission
option. A carrier that chooses not to
transmit required passenger manifests
by means of a CBP-certified interactive
electronic transmission system under
paragraph (b)(1)(ii)(B), (C), or (D) of
this section must make batch manifest
transmissions in accordance with this
paragraph (b)(1)(ii)(A) by means of a
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U.S. Customs and Border Protection, DHS; Treasury
non-interactive
electronic
transmission system approved by CBP. The
carrier may make a single, complete
batch manifest transmission containing the data required under paragraph (b)(3) of this section for all passengers checked in for the flight or two
or more partial batch manifest transmissions, each containing the required
data for the identified passengers and
which together cover all passengers
checked in for the flight. After receipt
of the manifest information, the CBP
system will perform an initial security
vetting of the data and send to the carrier by a non-interactive transmission
method a ‘‘not-cleared’’ instruction for
passengers identified as requiring additional security analysis and a ‘‘selectee’’ instruction for passengers requiring secondary screening (e.g., additional examination of the person and/or
his baggage) under applicable Transportation
Security
Administration
(TSA) requirements. The carrier must
designate as a ‘‘selectee’’ any passenger so identified during initial security vetting, in accordance with applicable TSA requirements. The carrier
must not issue a boarding pass to, or
load the baggage of, any passenger subject to a ‘‘not-cleared’’ instruction and
must contact TSA to seek resolution of
the ‘‘not-cleared’’ instruction by providing, if necessary, additional relevant information relative to the ‘‘notcleared’’ passenger. TSA will notify the
carrier if the ‘‘not-cleared’’ passenger
is cleared for boarding or downgraded
to ‘‘selectee’’ status based on the additional security analysis.
(B) Interactive batch transmission option. A carrier, upon obtaining CBP
certification, in accordance with paragraph (b)(1)(ii)(E) of this section, may
make manifest transmissions by means
of an interactive electronic transmission system configured for batch
transmission of data and receipt from
the CBP system of appropriate messages. A carrier operating under this
paragraph must make transmissions by
transmitting a single, complete batch
manifest containing the data required
under paragraph (b)(3) of this section
for all passengers checked in for the
flight or two or more partial batch
manifests, each containing the required data for the identified pas-
§ 122.49a
sengers and which together cover all
passengers checked in for the flight. In
the case of connecting passengers arriving at the connecting airport already in possession of boarding passes
for a U.S.-bound flight whose data have
not been collected by the carrier, the
carrier must transmit all required
manifest data for these passengers
when they arrive at the gate, or some
other suitable place designated by the
carrier, for the flight. After receipt of
the manifest information, the CBP system will perform an initial security
vetting of the data and send to the carrier by interactive electronic transmission, as appropriate, a ‘‘cleared’’ instruction for passengers not matching
against the watch list, a ‘‘not-cleared’’
instruction for passengers identified as
requiring additional security analysis,
and a ‘‘selectee’’ instruction for passengers who require secondary screening (e.g., additional examination of the
person and/or his baggage) under applicable TSA requirements. The carrier
must designate as a ‘‘selectee’’ any
passenger so identified during initial
security vetting, in accordance with
applicable TSA requirements. The carrier must not issue a boarding pass to,
or load the baggage of, any passenger
subject to a ‘‘not-cleared’’ instruction
and, in the case of connecting passengers (as described in this paragraph), the carrier must not board or
load the baggage of any such passenger
until the CBP system returns a
‘‘cleared’’ or ‘‘selectee’’ response for
that passenger. Where a ‘‘selectee’’ instruction is received for a connecting
passenger, the carrier must ensure that
such passenger undergoes secondary
screening before boarding. The carrier
must seek resolution of a ‘‘notcleared’’ instruction by contacting
TSA and providing, if necessary, additional relevant information relative to
the ‘‘not-cleared’’ passenger. Upon
completion of the additional security
analysis, TSA will notify the carrier if
a ‘‘not-cleared’’ passenger is cleared for
boarding or downgraded to ‘‘selectee’’
status based on the additional security
analysis. No later than 30 minutes
after the securing of the aircraft, the
carrier must transmit to the CBP system a message reporting any passengers who checked in but were not
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§ 122.49a
19 CFR Ch. I (4–1–12 Edition)
onboard the flight. The message must
identify the passengers by a unique
identifier selected or devised by the
carrier or by specific passenger data
(e.g., name) and may contain the
unique identifiers or data for all passengers onboard the flight or for only
those passengers who checked in but
were not onboard the flight.
(C) Interactive individual passenger information transmission option. A carrier,
upon obtaining CBP certification, in
accordance with paragraph (b)(1)(ii)(E)
of this section, may make manifest
transmissions by means of an interactive electronic transmission system
configured for transmitting individual
passenger data for each passenger and
for receiving from the CBP system appropriate messages. A carrier operating
under this paragraph must make such
transmissions as individual passengers
check in for the flight or, in the case of
connecting passengers arriving at the
connecting airport already in possession of boarding passes for a U.S.bound flight whose data have not been
collected by the carrier, as these connecting passengers arrive at the gate,
or some other suitable place designated
by the carrier, for the flight. With each
transmission of manifest information
by the carrier, the CBP system will
perform an initial security vetting of
the data and send to the carrier by
interactive electronic transmission, as
appropriate, a ‘‘cleared’’ instruction
for passengers not matching against
the watch list, a ‘‘not-cleared’’ instruction for passengers identified as requiring additional security analysis, and a
‘‘selectee’’ instruction for passengers
requiring secondary screening (e.g., additional examination of the person and/
or his baggage) under applicable TSA
requirements. The carrier must designate as a ‘‘selectee’’ any passenger so
identified during initial security vetting, in accordance with applicable
TSA requirements. The carrier must
not issue a boarding pass to, or load
the baggage of, any passenger subject
to a ‘‘not-cleared’’ instruction and, in
the case of connecting passengers (as
described in this paragraph), must not
board or load the baggage of any such
passenger until the CBP system returns a ‘‘cleared’’ or ‘‘selectee’’ response for that passenger. Where a
‘‘selectee’’ instruction is received by
the carrier for a connecting passenger,
the carrier must ensure that secondary
screening of the passenger is conducted
before boarding. The carrier must seek
resolution of a ‘‘not-cleared’’ instruction by contacting TSA and providing,
if necessary, additional relevant information relative to the ‘‘not-cleared’’
passenger. Upon completion of the additional security analysis, TSA will notify the carrier if a ‘‘not-cleared’’ passenger is cleared for boarding or downgraded to ‘‘selectee’’ status based on
the additional security analysis. No
later than 30 minutes after the securing of the aircraft, the carrier must
transmit to the CBP system a message
reporting any passengers who checked
in but were not onboard the flight. The
message must identify the passengers
by a unique identifier selected or devised by the carrier or by specific passenger data (name) and may contain
the unique identifiers or data for all
passengers onboard the flight or for
only those passengers who checked in
but were not onboard the flight.
(D) Combined use of interactive methods. If certified to do so, a carrier may
make transmissions under both paragraphs (b)(1)(ii)(B) and (C) of this section for a particular flight or for different flights.
(E) Certification. Before making any
required manifest transmissions under
paragraph (b)(1)(ii)(B) or (C) of this section, a carrier must subject its electronic transmission system to CBP
testing, and CBP must certify that the
carrier’s system is then presently capable of interactively communicating
with the CBP system for effective
transmission of manifest data and receipt of appropriate messages in accordance with those paragraphs.
(2) Place and time for submission. The
appropriate official specified in paragraph (b)(1)(i) of this section (carrier)
must transmit the arrival manifest or
manifest data as required under paragraphs (b)(1)(i) and (ii) of this section
to the CBP system (CBP Data Center,
CBP Headquarters), in accordance with
the following:
(i) For manifests transmitted under
paragraph (b)(1)(ii)(A) or (B) of this
section, no later than 30 minutes prior
to the securing of the aircraft;
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U.S. Customs and Border Protection, DHS; Treasury
(ii) For manifest information transmitted under paragraph (b)(1)(ii)(C) of
this section, no later than the securing
of the aircraft;
(iii) For flights not originally destined to the United States but diverted
to a U.S. port due to an emergency, no
later than 30 minutes prior to arrival;
in cases of non-compliance, CBP will
take into consideration whether the
carrier was equipped to make the
transmission and the circumstances of
the emergency situation; and
(iv) For an aircraft operating as an
air ambulance in service of a medical
emergency, no later than 30 minutes
prior to arrival; in cases of non-compliance, CBP will take into consideration
whether the carrier was equipped to
make the transmission and the circumstances of the emergency situation.
(3) Information required. Except as
provided in paragraph (c) of this section, the electronic passenger arrival
manifest required under paragraph
(b)(1) of this section must contain the
following information for all passengers, except that the information
specified in paragraphs (b)(iv), (v), (x),
(xii), (xiii), and (xiv) of this section
must be included on the manifest only
on or after October 4, 2005:
(i) Full name (last, first, and, if
available, middle);
(ii) Date of birth;
(iii) Gender (F = female; M = male);
(iv) Citizenship;
(v) Country of residence;
(vi) Status on board the aircraft;
(vii) Travel document type (e.g., P =
passport; A = alien registration card);
(viii) Passport number, if a passport
is required;
(ix) Passport country of issuance, if a
passport is required;
(x) Passport expiration date, if a
passport is required;
(xi) Alien registration number, where
applicable;
(xii) Address while in the United
States (number and street, city, state,
and zip code), except that this information is not required for U.S. citizens,
lawful permanent residents, or persons
who are in transit to a location outside
the United States;
(xiii) Passenger Name Record locator, if available;
§ 122.49b
(xiv) International Air Transport Association (IATA) code of foreign port/
place where transportation to the
United States began (foreign port
code);
(xv) IATA code of port/place of first
arrival (arrival port code);
(xvi) IATA code of final foreign port/
place of destination for in-transit passengers (foreign port code);
(xvii) Airline carrier code;
(xviii) Flight number; and
(xix) Date of aircraft arrival.
(c) Exception. The electronic passenger arrival manifest specified in
paragraph (b)(1) of this section is not
required for active duty U.S. military
personnel being transported as passengers on arriving Department of Defense commercial chartered aircraft.
(d) Carrier responsibility for comparing
information collected with travel document. The carrier collecting the information described in paragraph (b)(3) of
this section is responsible for comparing the travel document presented
by the passenger with the travel document information it is transmitting to
CBP in accordance with this section in
order to ensure that the information is
correct, the document appears to be
valid for travel to the United States,
and the passenger is the person to
whom the travel document was issued.
(e) Sharing of manifest information. Information contained in the passenger
manifests required by this section that
is received by CBP electronically may,
upon request, be shared with other
Federal agencies for the purpose of protecting national security. CBP may
also share such information as otherwise authorized by law.
[CBP Dec. 05–12, 70 FR 17852, Apr. 7, 2005, as
amended by CBP Dec. 07–64, 72 FR 48342, Aug.
23, 2007; CBP Dec. No. 09–02, 74 FR 2836, Jan.
16, 2009; CBP Dec. 09–14, 74 FR 25388, May 28,
2009]
§ 122.49b Electronic manifest requirement for crew members and noncrew members onboard commercial
aircraft arriving in, continuing
within, and overflying the United
States.
(a) Definitions. The definitions set
forth below apply for purposes of this
section. The definitions set forth in
§ 122.49a(a), other than those for the
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§ 122.49b
19 CFR Ch. I (4–1–12 Edition)
terms set forth below, also apply for
purposes of this section:
All-cargo flight. ‘‘All-cargo flight’’
means a flight in operation for the purpose of transporting cargo which has
onboard only ‘‘crew members’’ and
‘‘non-crew members’’ as defined in this
paragraph.
Carrier. In addition to the meaning
set forth in § 122.49a(a), ‘‘carrier’’ includes each entity that is an ‘‘aircraft
operator’’ or ‘‘foreign air carrier’’ with
a security program under 49 CFR part
1544, 1546, or 1550 of the Transportation
Security Administration regulations.
Crew member. ‘‘Crew member’’ means
a pilot, copilot, flight engineer, airline
management personnel authorized to
travel in the cockpit, cabin crew, and
relief
crew
(also
known
as
‘‘deadheading crew’’). However, for all
other purposes of immigration law and
documentary evidence required under
the Immigration and Nationality Act
(8 U.S.C. 1101, et seq.), ‘‘crew member’’
(or ‘‘crewman’’) means a person serving
onboard an aircraft in good faith in
any capacity required for the normal
operation and service of the flight (8
U.S.C. 1101(a)(10) and (a)(15)(D), as applicable). In addition, the definition of
‘‘crew member’’ applicable to this section should not be applied in the context of other customs laws, to the extent this definition differs from the
meaning of ‘‘crew member’’ contemplated in such other customs laws.
Flight continuing within the United
States. ‘‘Flight continuing within the
United States’’ refers to the domestic
leg of a flight operated by a foreign air
carrier that originates at a foreign port
or place, arrives at a U.S. port, and
then continues to a second U.S. port.
Flight overflying the United States.
‘‘Flight overflying the United States’’
refers to a flight departing from a foreign port or place that enters the territorial airspace of the U.S. en route to
another foreign port or place.
Non-crew member. ‘‘Non-crew member’’ means air carrier employees and
their family members and persons traveling onboard a commercial aircraft for
the safety of the flight (such as an animal handler when animals are onboard). The definition of ‘‘non-crew
member’’ is limited to all-cargo flights.
(On a passenger or dual flight (pas-
sengers and cargo), air carrier employees, their family members, and persons
onboard for the safety of the flight are
considered passengers.)
Territorial airspace of the United
States. ‘‘Territorial airspace of the
United States’’ means the airspace
over the United States, its territories,
and possessions, and the airspace over
the territorial waters between the
United States coast and 12 nautical
miles from the coast.
(b) Electronic arrival manifest—(1) General requirement. Except as provided in
paragraph (c) of this section, an appropriate official of each commercial aircraft operating a flight arriving in or
overflying the United States, from a
foreign port or place, or continuing
within the United States after arriving
at a U.S. port from a foreign port or
place, must transmit to Customs and
Border Protection (CBP) an electronic
crew member manifest and, for allcargo flights only, an electronic noncrew member manifest covering any
crew members and non-crew members
onboard. Each manifest must be transmitted to CBP at the place and time
specified in paragraph (b)(2) of this section by means of an electronic data
interchange system approved by CBP
and must set forth the information
specified in paragraph (b)(3) of this section. Where both a crew member manifest and a non-crew member manifest
are required with respect to an allcargo flight, they must be combined in
one manifest covering both crew members and non-crew members. Where a
passenger
arrival
manifest
under
§ 122.49a and a crew member arrival
manifest under this section are required, they must be transmitted separately if the transmission is in US
EDIFACT format.
(2) Place and time for submission; certification; changes to manifest. (i) Place
and time for submission. The appropriate
official specified in paragraph (b)(1) of
this section must transmit the electronic manifest required under paragraph (b)(1) of this section to the CBP
Data Center, CBP Headquarters:
(A) With respect to aircraft arriving
in and overflying the United States, no
later than 60 minutes prior to departure of the aircraft from the foreign
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U.S. Customs and Border Protection, DHS; Treasury
port or place of departure, and with respect to aircraft continuing within the
United States, no later than 60 minutes
prior to departure from the U.S. port of
arrival;
(B) For a flight not originally destined to arrive in the United States but
diverted to a U.S. port due to an emergency, no later than 30 minutes prior
to arrival; in cases of noncompliance,
CBP will take into consideration that
the carrier was not equipped to make
the
transmission
and
the
circumstances of the emergency situation; and
(C) For an aircraft operating as an
air ambulance in service of a medical
emergency, no later than 30 minutes
prior to arrival;
(ii) Certification. Except as provided
in paragraph (c) of this section, the appropriate official, by transmitting the
manifest as required under paragraph
(b)(1) of this section, certifies that the
flight’s crew members and non-crew
members are included, respectively, on
the master crew member list or master
non-crew member list previously submitted to CBP in accordance with
§ 122.49c. If a crew member or non-crew
member on the manifest is not also included on the appropriate master list,
the flight may be, as appropriate, denied clearance to depart, diverted from
arriving in the United States, or denied
clearance to enter the territorial airspace of the United States.
(iii) Changes to manifest. The appropriate official is obligated to make necessary changes to the crew member or
non-crew member manifest after transmission of the manifest to CBP. Necessary changes include adding a name,
with other required information, to the
manifest or amending previously submitted information. If changes are submitted less than 60 minutes before
scheduled flight departure, the air carrier must receive approval from TSA
before allowing the flight to depart or
the flight may be, as appropriate, denied clearance to depart, diverted from
arriving in the United States, or denied
clearance to enter the territorial airspace of the United States.
(3) Information required. The electronic crew member and non-crew
member manifests required under paragraph (b)(1) of this section must con-
§ 122.49b
tain the following information for all
crew members and non-crew members,
except that the information specified
in paragraphs (b)(iii), (v), (vi), (vii),
(xiii), (xv), and (xvi) of this section
must be included on the manifest only
on or after October 4, 2005:
(i) Full name (last, first, and, if
available, middle);
(ii) Date of birth;
(iii) Place of birth (city, state—if applicable, country);
(iv) Gender (F = female; M = male);
(v) Citizenship;
(vi) Country of residence;
(vii) Address of permanent residence;
(viii) Status on board the aircraft;
(ix) Pilot certificate number and
country of issuance (if applicable);
(x) Travel document type (e.g., P =
passport; A = alien registration card);
(xi) Passport number, if a passport is
required;
(xii) Passport country of issuance, if
a passport is required;
(xiii) Passport expiration date, if a
passport is required;
(xiv) Alien registration number,
where applicable;
(xv) Passenger Name Record locator,
if available;
(xvi) International Air Transport Association (IATA) code of foreign port/
place where transportation to the
United States began or where the
transportation destined to the territorial airspace of the United States
began (foreign port code);
(xvii) IATA code of port/place of first
arrival (arrival port code);
(xviii) IATA code of final foreign
port/place of destination for (foreign
port code);
(xix) Airline carrier code;
(xx) Flight number; and
(xxi) Date of aircraft arrival.
(c) Exceptions. The electronic crew
member or non-crew member manifest
requirement specified in paragraph
(b)(1) of this section is subject to the
following conditions:
(1) Federal Aviation Administration
(FAA) Aviation Safety Inspectors with
valid credentials and authorization are
not subject to the requirement, but the
manifest requirement of § 122.49a applies to these inspectors on flights arriving in the United States, as they are
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§ 122.49c
19 CFR Ch. I (4–1–12 Edition)
considered passengers on arriving
flights;
(2) For crew members traveling onboard an aircraft chartered by the U.S.
Department of Defense that is arriving
in the United States, the provisions of
this section apply regarding electronic
transmission of the manifest, except
that:
(i) The manifest certification provision of paragraph (b)(2)(ii) of this section is inapplicable; and
(ii) The TSA manifest change approval
requirement
of
paragraph
(b)(2)(iii) of this section is inapplicable;
(3) For crew members traveling onboard an aircraft chartered by the U.S.
Department of Defense that is continuing a flight within the United
States or overflying the United States,
the manifest is not required;
(4) For non-crew members traveling
onboard an all-cargo flight chartered
by the U.S. Department of Defense that
is arriving in the United States, the
manifest is not required, but the manifest requirement of § 122.49a applies to
these persons, as, in this instance, they
are considered passengers on arriving
flights; and
(5) For non-crew members traveling
onboard an all-cargo flight chartered
by the U.S. Department of Defense that
is continuing a flight within the United
States or overflying the United States,
the manifest is not required.
(d) Carrier responsibility for comparing
information collected with travel document. The carrier collecting the information described in paragraph (b)(3) of
this section is responsible for comparing the travel document presented
by the crew member or non-crew member with the travel document information it is transmitting to CBP in accordance with this section in order to
ensure that the information is correct,
the document appears to be valid for
travel to the United States, and the
crew member or non-crew member is
the person to whom the travel document was issued.
(e) Sharing of manifest information. Information contained in the crew member and non-crew member manifests required by this section that is received
by CBP electronically may, upon request, be shared with other Federal
agencies for the purpose of protecting
national security. CBP may also share
such information as otherwise authorized by law.
(f) Superseding amendments issued by
TSA. One or more of the requirements
of this section may be superseded by
specific provisions of, amendments to,
or alternative procedures authorized by
TSA for compliance with an aviation
security program, emergency amendment, or security directive issued by
the TSA to an air carrier subject to 49
CFR part 1544, 1546, or 1550. The provisions or amendments will have superseding effect only for the air carrier to
which issued and only for the period of
time specified in the provision or
amendment.
[CBP Dec. 05–12, 70 FR 17852, Apr. 7, 2005]
§ 122.49c Master crew member list and
master non-crew member list requirement for commercial aircraft
arriving in, departing from, continuing within, and overflying the
United States.
(a) General requirement. Air carriers
subject to the provisions of § 122.49b
and § 122.75b, with respect to the flights
covered in those sections, must electronically transmit to Customs and
Border Protection (CBP), by means of
an electronic data interchange system
approved by CBP, a master crew member list and a master non-crew member
list containing the information set
forth in paragraph (c) of this section
covering, respectively, all crew members and non-crew members operating
and servicing its flights. The initial
transmission of a list must be made at
least two days in advance of any flight
a crew member or non-crew member on
the list will be operating, serving on,
or traveling on and must contain the
information set forth in paragraph (c)
of this section. After review of the
master crew list and the master noncrew list by TSA, TSA will advise the
carrier of any crew members or noncrew members that must be removed
from the list. Only those persons on
the TSA-approved master crew and
master non-crew lists will be permitted
to operate, serve on, or travel on
flights covered by this section. Until a
carrier becomes a participant in the
CBP-approved electronic interchange
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U.S. Customs and Border Protection, DHS; Treasury
system, it must submit the required information in a format provided by
TSA.
(b) Changes to master lists. After the
initial transmission of the master crew
member and non-crew member lists to
CBP, the carrier is obligated to update
the lists as necessary. To add a name
to either list, along with the required
information set forth in paragraph (c)
of this section, or to add or change information relative to a name already
submitted, the carrier must transmit
the information to CBP at least 24
hours in advance of any flight the
added or subject crew member or noncrew member will be operating, serving
on, or traveling on. A carrier must submit deletions from the lists as expeditiously as possible.
(c) Master list information. The electronic master crew lists required under
paragraph (a) of this section must contain the following information with respect to each crew member or non-crew
member that operates, serves on, or
travels on a carrier’s flights that are
covered by this section except that the
information specified in paragraphs
(c)(4), (5), (6), (7), and (10) of this section must be included on the manifest
only on or after October 4, 2005:
(1) Full name (last, first, and, if
available, middle);
(2) Gender;
(3) Date of birth;
(4) Place of birth (city, state—if applicable, and country);
(5) Citizenship;
(6) Country of residence;
(7) Address of permanent residence;
(8) Passport number, if passport required;
(9) Passport country of issuance, if
passport required;
(10) Passport expiration date, if passport required;
(11) Pilot certificate number and
country of issuance, if applicable;
(12) Status onboard the aircraft.
(d) Exception. The master crew member and non-crew member list requirements of this section do not apply to
aircraft chartered by the U.S. Department of Defense.
(e) Superseding amendments issued by
TSA. One or more of the requirements
of this section may be superseded by
specific provisions of, amendments to,
§ 122.49d
or alternative procedures authorized by
TSA for compliance with an aviation
security program, emergency amendment, or security directive issued by
the TSA to an air carrier subject to the
provisions of 49 CFR part 1544, 1546, or
1550. The amendments will have superseding effect only for the air carrier to
which issued and only for the period of
time specified in the amendment.
[CBP Dec. 05–12, 70 FR 17854, Apr. 7, 2005]
§ 122.49d Passenger
Name
(PNR) information.
Record
(a) General requirement. Each air carrier, foreign and domestic, operating a
passenger flight in foreign air transportation to or from the United States, including flights to the United States
where the passengers have already been
pre-inspected or pre-cleared at the foreign location for admission to the U.S.,
must, upon request, provide Customs
with electronic access to certain Passenger Name Record (PNR) information, as defined and described in paragraph (b) of this section. In order to
readily provide Customs with such access to requested PNR information,
each air carrier must ensure that its
electronic reservation/departure control systems correctly interface with
the U.S. Customs Data Center, Customs Headquarters, as prescribed in
paragraph (c)(1) of this section.
(b) PNR information defined; PNR information that Customs may request—(1)
PNR information defined. Passenger
Name Record (PNR) information refers
to reservation information contained
in an air carrier’s electronic reservation system and/or departure control
system that sets forth the identity and
travel plans of each passenger or group
of passengers included under the same
reservation record with respect to any
flight covered by paragraph (a) of this
section.
(2) PNR data that Customs may request.
The air carrier, upon request, must
provide Customs with electronic access
to any and all PNR data elements relating to the identity and travel plans
of a passenger concerning any flight
under paragraph (a) of this section, to
the extent that the carrier in fact possesses the requested data elements in
its reservation system and/or departure
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§ 122.50
19 CFR Ch. I (4–1–12 Edition)
control system. There is no requirement that the carrier collect any PNR
information under this paragraph, that
the carrier does not otherwise collect
on its own and maintain in its electronic reservation/departure control
systems.
(c) Required carrier system interface
with Customs Data Center to facilitate
Customs retrieval of requested PNR data—
(1) Carrier requirements for interface with
Customs. Within the time specified in
paragraph (c)(2) of this section, each
air carrier must fully and effectively
interface its electronic reservation/departure control systems with the U.S.
Customs Data Center, Customs Headquarters, in order to facilitate Customs
ability to retrieve needed Passenger
Name Record data from these electronic systems. To effect this interface
between the air carrier’s electronic reservation/departure control systems and
the Customs Data Center, the carrier
must:
(i) Provide Customs with an electronic connection to its reservation
system and/or departure control system. (This connection can be provided
directly to the Customs Data Center,
Customs Headquarters, or through a
third party vendor that has such a connection to Customs.);
(ii) Provide Customs with the necessary airline reservation/departure
control systems’ commands that will
enable Customs to:
(A) Connect to the carrier’s reservation/departure control systems;
(B) Obtain the carrier’s schedules of
flights;
(C) Obtain the carrier’s passenger
flight lists; and
(D) Obtain data for all passengers
listed for a specific flight; and
(iii) Provide technical assistance to
Customs as required for the continued
full and effective interface of the carrier’s electronic reservation/departure
control systems with the Customs Data
Center, in order to ensure the proper
response from the carrier’s systems to
requests for data that are made by Customs.
(2) Time within which carrier must
interface with Customs Data Center to facilitate Customs access to requested PNR
data. Any air carrier which has not
taken steps to fully and effectively
interface its electronic reservation/departure control systems with the Customs Data Center must do so, as prescribed in paragraphs (c)(1)(i)–(c)(1)(iii)
of this section, within 30 days from the
date that Customs contacts the carrier
and requests that the carrier effect
such an interface. After being contacted by Customs, if an air carrier determines it needs more than 30 days to
properly interface its automated database with the Customs Data Center, it
may apply in writing to the Assistant
Commissioner, Office of Field Operations (OFO) for an extension. Following receipt of the application, the
Assistant Commissioner, OFO, may, in
writing, allow the carrier an extension
of this period for good cause shown.
The Assistant Commissioner’s decision
as to whether and/or to what extent to
grant such an extension is within the
sole discretion of the Assistant Commissioner and is final.
(d) Sharing of PNR information with
other Federal agencies. Passenger Name
Record information as described in
paragraph (b)(2) of this section that is
made available to Customs electronically may, upon request, be shared
with other Federal agencies for the
purpose of protecting national security
(49 U.S.C. 44909(c)(5)). Customs may
also share such data as otherwise authorized by law.
[T.D. 02–33, 67 FR 42712, June 25, 2002. Redesignated by CBP Dec. 05–12, 70 FR 17852, Apr.
7, 2005]
§ 122.50
General order merchandise.
(a) Any merchandise or baggage regularly landed but not covered by a permit for its release shall be allowed to
remain at the place of unlading until
the fifteenth calendar day after landing. No later than 20 calendar days
after landing, the pilot or owner of the
aircraft or the agent thereof shall notify Customs of any such merchandise
or baggage for which entry has not
been made. Such notification shall be
provided in writing or by any appropriate Customs-authorized electronic
data interchange system. Failure to
provide such notification may result in
assessment of a monetary penalty of up
to $1,000 per bill of lading against the
pilot or owner of the aircraft or the
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U.S. Customs and Border Protection, DHS; Treasury
agent thereof. If the value of the merchandise on the bill is less than $1,000,
the penalty shall be equal to the value
of such merchandise.
(b) Any merchandise or baggage that
is taken into custody from an arriving
carrier by any party under a Customsauthorized permit to transfer or inbond entry may remain in the custody
of that party for 15 calendar days after
receipt under such permit to transfer
or 15 calendar days after arrival at the
port of destination. No later than 20
calendar days after receipt under the
permit to transfer or 20 calendar days
after arrival under bond at the port of
destination, the party shall notify Customs of any such merchandise or baggage for which entry has not been
made. Such notification shall be provided in writing or by any appropriate
Customs-authorized electronic data
interchange system. If the party fails
to notify Customs of the unentered
merchandise or baggage in the allotted
time, he may be liable for the payment
of liquidated damages under the terms
and conditions of his custodial bond
(see § 113.63(c)(4) of this chapter).
(c) In addition to the notification to
Customs required under paragraphs (a)
and (b) of this section, the carrier (or
any other party to whom custody of
the unentered merchandise has been
transferred by a Customs authorized
permit to transfer or in-bond entry)
shall provide notification of the presence of such unreleased and unentered
merchandise or baggage to a bonded
warehouse certified by the port director as qualified to receive general order
merchandise. Such notification shall
be provided in writing or by any appropriate Customs-authorized electronic
data interchange system and shall be
provided within the applicable 20-day
period specified in paragraph (a) or (b)
of this section. It shall then be the responsibility of the bonded warehouse
proprietor to arrange for the transportation and storage of the merchandise
or baggage at the risk and expense of
the consignee. The arriving carrier (or
other party to whom custody of the
merchandise was transferred by the
carrier under a Customs-authorized
permit to transfer or in-bond entry) is
responsible for preparing a Customs
Form (CF) 6043 (Delivery Ticket), or
§ 122.50
other similar Customs document as
designated by the port director or an
electronic equivalent as authorized by
Customs, to cover the proprietor’s receipt of the merchandise and its transport to the warehouse from the custody
of the arriving carrier (or other party
to whom custody of the merchandise
was transferred by the carrier under a
Customs-authorized permit to transfer
or in-bond entry) (see § 19.9 of this chapter). Any unentered merchandise or
baggage shall remain the responsibility
of the carrier, pilot, or person in
charge of the importing aircraft, or the
agent thereof, or party to whom the
merchandise has been transferred
under a Customs authorized permit to
transfer or in-bond entry, until it is
properly transferred from his control
in accordance with this paragraph. If
the party to whom custody of the
unentered merchandise or baggage has
been transferred by a Customs-authorized permit to transfer or in-bond entry
fails to notify a Customs-approved
bonded warehouse of such merchandise
or baggage within the applicable 20-calendar-day period, he may be liable for
the payment of liquidated damages of
$1,000 per bill of lading under the terms
and conditions of his international carrier or custodial bond (see §§ 113.63(b),
113.63(c) and 113.64(b) of this chapter).
(d) If the carrier or any other party
to whom custody of the unentered merchandise has been transferred by a Customs-authorized permit to transfer or
in-bond entry fails to timely relinquish
custody of the merchandise to a Customs-approved bonded General Order
warehouse, the carrier or other party
may be liable for liquidated damages
equal to the value of that merchandise
under the terms and conditions of his
international carrier or custodial bond,
as applicable.
(e) If the bonded warehouse operator
fails to take possession of unentered
and unreleased merchandise or baggage
within five calendar days after receipt
of notification of the presence of such
merchandise or baggage under this section, he may be liable for the payment
of liquidated damages under the terms
and conditions of his custodial bond
(see § 113.63(a)(1) of this chapter). If the
port director finds that the warehouse
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§ 122.51
19 CFR Ch. I (4–1–12 Edition)
proprietor cannot accept the goods because they are required by law to be
exported or destroyed (see § 127.28 of
this chapter), or for other good cause,
the goods will remain in the custody of
the arriving carrier or other party to
whom the goods have been transferred
under a Customs-authorized permit to
transfer or in-bond entry. In this event,
the carrier or other party will be responsible under bond for exporting or
destroying the goods, as necessary (see
§§ 113.63(c)(3) and 113.64(b) of this chapter).
(f) In ports where there is no bonded
warehouse authorized to accept general
order merchandise, or if merchandise
requires specialized storage facilities
that are unavailable in a bonded facility, the port director, after having received notice of the presence of
unentered merchandise or baggage in
accordance with the provisions of this
section, shall direct the storage of the
merchandise by the carrier or by any
other appropriate means.
(g) Merchandise taken into the custody of the port director pursuant to
section 490(b), Tariff Act of 1930, as
amended (19 U.S.C. 1490(b)), shall be
sent to a general order warehouse after
1 day after the day the aircraft arrived,
to be held there at the risk and expense
of the consignee.
[T.D. 98–74, 63 FR 51288, Sept. 25, 1998, as
amended by T.D. 02–65, 67 FR 68033, Nov. 8,
2002]
Subpart F—International Traffic
Permit
§ 122.51 Aircraft of domestic
registered in the U.S.
origin
After Customs inspection of the aircraft, passengers, baggage and merchandise at the entry airport, commercial aircraft of domestic origin registered in the U.S. may be allowed to
proceed to other airports in the U.S.
without permit.
§ 122.52 Aircraft of foreign origin registered in the U.S.
(a) Application. This section applies
to commercial aircraft (as defined in
§ 122.1(d)) of foreign origin registered in
the U.S. and arriving in the U.S. from
a foreign area.
(b) Aircraft entered as an imported article. If an aircraft covered by this section is entered as an imported article,
and any applicable duty for the aircraft
has been paid on a prior arrival, it may
be allowed to proceed as other than an
imported article. In this instance, the
aircraft commander must file a declaration that states the:
(1) Port where entry was made;
(2) Date duty, if any, was paid; and
(3) Number of the entry.
(c) Aircraft not entered as imported article—(1) Treatment as other than an imported article. A commercial aircraft
covered by this section which has not
been entered as an imported article
may travel from airport to airport in
the U.S. without payment of duty.
Each commercial aircraft shall proceed
under a permit on Customs Form 7507
or 7509, as provided in § 122.54. Treatment of the aircraft as other than an
imported article shall continue for so
long as the aircraft:
(i) Is used only for commercial purposes between the U.S. and foreign
areas; and
(ii) Will leave the U.S. for a foreign
destination in commercial use or carrying neither passengers nor cargo.
(2) Treatment as an imported article.
Any aircraft covered by this section
which was not entered as an imported
article shall make entry if it:
(i) Is withdrawn from commercial use
between the U.S. and foreign areas; or
(ii) Is used in the U.S. in a way not
reasonably related to efficient commercial use of the aircraft between the
U.S. and foreign areas.
(3) Aircraft damage and duty payment—(i) Substantial damage to commercial aircraft. If an accident causes substantial damage to a commercial aircraft, no entry or duty payment is required for any part of the wreckage.
(ii) Less than substantial damage and
export. If an accident does not cause
substantial damage to a commercial
aircraft, salvageable parts of the
wrecked aircraft may be exported. In
this circumstance, the aircraft, as a
whole or in part, is not considered to
be withdrawn from commerical use and
is not subject to entry or to duty as
imported merchandise.
(iii) Less than substantial damage and
no export. If an accident does not cause
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U.S. Customs and Border Protection, DHS; Treasury
substantial damage to a commercial
aircraft and the wrecked aircraft or
any salvageable part of it is not exported, then:
(A) Entry is required to be made for
the damaged aircraft or any salvageable part of it; and
(B) A duty payment, if applicable,
based on the condition of the aircraft
following the accident, is required.
§ 122.53 Aircraft of foreign registry
chartered or leased to U.S. air carriers.
Aircraft of foreign registry leased or
chartered to a U.S. air carrier, while
being operated by the U.S. air carrier
under the provisions of the Federal
Aviation Administration regulations
(14 CFR 121.153), shall be treated as
U.S. registered aircraft for purposes of
this subpart.
§ 122.54
Aircraft of foreign registry.
(a) Application. For any commercial
aircraft of foreign registry arriving in
the U.S., the aircraft commander or
agent shall file for an international
traffic permit when the aircraft;
(1) Is not an imported article; and
(2) Is ferried (proceeds carrying neither passengers nor cargo) from the
airport of first arrival to one or more
airports in the U.S. (For permit to proceed with residue cargo, passengers, or
crewmembers for discharge in the U.S.,
see subpart I of this part).
(b) International traffic permit. The
international traffic permit shall be
filed on Customs Form 7507 by the carrier or its agent. Customs Form 7509
may be used if the aircraft arrives directly from Canada on a flight beginning in Canada and ending in the U.S.
Either form shall show the following
information and must be approved by
the appropriate Customs officer:
(1) Type of aircraft;
(2) Nationality and registration number of aircraft;
(3) Name and country of aircraft
manufacturer;
(4) Name of aircraft commander;
(5) Country from which aircraft arrived;
(6) Name and location of airport
where international traffic permit is
issued;
§ 122.61
(7) Date international traffic permit
is issued;
(8) Name and location of airport to
which aircraft is proceeding;
(9) Purpose of stay in the U.S.;
(10) Signature of Customs officer giving permit.
(c) Permit on board. The international
traffic permit shall be kept on board
the aircraft while in the U.S.
(d) Intermediate airports. For each airport at which the aircraft lands, the
Customs officer, or airport manager if
there is no Customs officer present,
shall note the following information on
the permit:
(1) Name and location of the airport;
(2) Date and arrival time;
(3) Purpose of the visit;
(4) Name and location of the next airport to be visited; and
(5) Date and time of departure.
(e) Final airport. The international
traffic permit shall be given to the Customs officer in charge at the airport of
final clearance for a foreign destination. Before clearance is given, the
Customs officer shall make sure that
the aircraft was properly inspected by
Customs in the U.S.
(f) Port of issue. The international
traffic permit shall be returned after
final clearance to the director of the
port where the permit was issued, to be
kept on file.
(g) Enforcement. Once the permit to
proceed has been issued for an aircraft,
the director of the port of issue must
receive notice that the aircraft has
made final clearance. If notice is not
received within 60 days, the port director shall report the matter to the Customs agent in charge of the area for investigation.
Subpart G—Clearance of Aircraft
and Permission To Depart
§ 122.61
Aircraft required to clear.
(a) Private aircraft leaving the
United States as defined in § 122.22, for
a foreign area are required to clear as
set forth in § 122.26. All other aircraft,
except for public aircraft leaving the
United States for a foreign area, are required to clear if:
(1) Carrying passengers and/or merchandise for hire; or
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§ 122.62
19 CFR Ch. I (4–1–12 Edition)
(2) Taking aboard or discharging passengers and/or merchandise for hire in
a foreign area.
(b) Any aircraft used by members of
air travel clubs are required to clear,
and foreign aircraft traveling under a
permit to proceed shall also clear.
[T.D. 88–12, 53 FR 9292, Mar. 22, 1988, as
amended at CBP Dec. 08-43, 73 FR 68313, Nov.
18, 2008]
§ 122.62 Aircraft not otherwise required to clear.
(a) Bureau of the Census. Under Bureau of the Census Regulations (15 CFR
part 30), aircraft not required to clear
by § 122.61 shall obtain permission to
depart if carrying merchandise from
the U.S. to Puerto Rico or from Puerto
Rico to the U.S.
(b) Bureau of Industry and Security.
Aircraft leaving the U.S. for a foreign
area must be cleared by Customs if a
validated license from the Bureau of
Industry and Security (Department of
Commerce) is required for the aircraft
under the Export Administration Regulations (15 CFR parts 730 through 774).
Aircraft are not required to clear if the
Secretary of Commerce issues a permit
allowing departure without clearance.
(c) Department of State. Aircraft not
covered by Export Administration Regulations are subject to the Department
of State export licensing authority as
set out in 22 CFR parts 121 and 123.
Such aircraft may depart from the U.S.
only with the proper Department of
State license.
[T.D. 88–12, 53 FR 9292, Mar. 22, 1988, as
amended by T.D. 93–61, 58 FR 41425, Aug. 4,
1993; CBP Dec. 04–28, 69 FR 52599, Aug. 27,
2004; 69 FR 54179, Sept. 2, 2004]
§ 122.63 Scheduled airlines.
The aircraft commander or agent
shall request clearance or permission
to depart for aircraft of scheduled airlines covered by this subpart.
(a) Clearance at other than airport of
final departure. Aircraft may clear at
each airport where merchandise and/or
passengers are taken on board for
transport outside of the U.S. The clearance applies only to the merchandise
and passengers boarding at each place.
Clearance shall be requested at the
Customs port of entry (regardless of
whether it is an international airport)
nearest to the place where merchandise
and/or passengers are taken on board.
(b) Clearance at final departure airport.
Clearance or permission to depart may
be requested at the Customs port of
entry (regardless of whether it is an
international airport) nearest the last
departure airport.
§ 122.64 Other aircraft.
Clearance or permission to depart
shall be requested by the aircraft commander or agent for aircraft covered by
this subpart other than those of scheduled airlines. The request must be
made to the director of the port of
entry (regardless of whether it is an
international airport) nearest the final
departure airport.
§ 122.65 Failure to depart.
Once an aircraft has been cleared or
given permission to depart it must depart within 72 hours. The aircraft commander or agent shall report promptly
to the port director if departure is delayed beyond or cancelled within 72
hours after the aircraft received clearance or permission to depart.
§ 122.66 Clearance or permission to depart denied.
If advance electronic air cargo information is not received as provided in
§ 192.14 of this chapter, Customs and
Border Protection may deny clearance
or permission for the aircraft to depart
from the United States.
[CBP Dec. 03–32, 68 FR 68173, Dec. 5, 2003]
Subpart H—Documents Required
for Clearance and Permission
To Depart; Electronic Manifest
Requirements for Passengers,
Crew Members, and NonCrew
Members
Onboard
Commercial Aircraft Departing From the United States
§ 122.71 Aircraft departing with no
commercial export cargo.
(a) Application. This section applies
to aircraft departing for foreign territory with no export cargo, but not to
those aircraft which are themselves
being exported.
(1) Such aircraft may clear by telephone in advance with the director of
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U.S. Customs and Border Protection, DHS; Treasury
the port of departure if departing
empty or carrying only:
(i) Passengers for hire; or
(ii) Non-commercial cargo for which
Shipper’s Export Declarations are not
required.
(2) If not cleared by telephone, an air
cargo manifest containing the following statement, signed by the aircraft commander or agent, shall be
submitted to Customs:
I declare to the best of my knowledge and
belief that there is no cargo on board this
aircraft.
Signature llllllllllllllllll
(Aircraft Commander or Agent)
(b) Timeliness. The request for telephone clearance must be received by
the Customs officer in charge with sufficient time remaining before departure to ensure that Customs may undertake any necessary examination of
the aircraft and cargo.
(c) Documentation. If clearance is
granted by telephone, the aircraft commander is not required to file the documents required by this subpart.
§ 122.72 Aircraft departing with commercial export cargo.
If an aircraft with export cargo
leaves the U.S. for any foreign area, a
general declaration, if required, an air
cargo manifest and any required Shipper’s Export Declarations, shall be filed
in accordance with this subpart for all
cargo on the aircraft, and for the aircraft itself if exported as merchandise.
See § 122.79 for special requirements regarding shipments to U.S. possessions.
§ 122.73 General declaration and air
cargo manifest.
(a) General declaration—(1) Form. The
general declaration shall be on Customs Form 7507 and shall show all information required.
(2) Preparation and filing. The aircraft
commander or agent shall file two copies of the general declaration with Customs at the departure airport.
(3) Exception. A general declaration
shall not be required if the air cargo
manifest, Customs Form 7509, contains
the statement shown in paragraph (b)
of this section.
(b) Air cargo manifest—(1) Form. The
air cargo manifest shall be on Customs
Form 7509, and shall show all informa-
§ 122.74
tion required. If a general declaration
is not presented, the following statement, signed by the aircraft commander or agent, shall appear on the
form:
I declare that all statements contained in
this manifest, including the account of the
cargo on board this aircraft, are complete,
exact, and true to the best of my knowledge.
Signature llllllllllllllllll
(Aircraft Commander or Agent)
(2) Preparation and filing. The aircraft
commander or agent shall file two copies of the air cargo manifest with the
Customs at the departure airport.
Three copies of the air cargo manifest
shall be filed if the aircraft is covered
by § 122.77(b). The air cargo manifest
must be filed in:
(i) Complete form, with all required
Shipper’s Export Declarations (see
§ 122.75); or
(ii) Incomplete form (pro forma)
under § 122.74.
§ 122.74 Incomplete (pro forma) manifest.
(a) Application—(1) Shipments to foreign countries. Except for aircraft bound
for foreign locations referred to in
paragraph (b) of this section, clearance,
or permission to depart may be given
to an aircraft bound for a foreign location by the Customs at the departure
airport before a complete manifest or
all required Shipper’s Export Declarations have been filed, if a proper bond
is filed on Customs Form 301, containing the bond conditions set forth in
subpart G of part 113 of this chapter.
(2) Shipments to Puerto Rico. As provided in § 122.79(b), any required air
cargo manifest or Shipper’s Export
Declarations for direct flights between
the U.S. and Puerto Rico shall be filed
with the appropriate Customs officer
upon arrival in Puerto Rico. If any required manifest or Shipper’s Export
Declarations are not filed with the appropriate Customs officer within one
business day after arrival in Puerto
Rico, a proper bond shall be filed at
that time on Customs Form 301, containing the bond conditions set forth in
subpart G of part 113 of this chapter.
(b) Exceptions. An incomplete manifest will not be accepted:
(1) During any time covered by a
proclamation of the President that a
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§ 122.75
19 CFR Ch. I (4–1–12 Edition)
state of war exists between foreign nations; or
(2) If the aircraft is departing on a
flight from the U.S. directly or indirectly to a foreign country listed in
§ 4.75 of this chapter.
In both cases, a complete air cargo
manifest and all required Shipper’s Export Declarations shall be filed with
the port director before the aircraft
will be cleared.
(c) Filing under bond. An incomplete
set of documents may be filed only
when accompanied by the proper bond.
Under the bond, a complete set of documents shall be filed within whichever
of the following time periods is appropriate:
(1) Shipments to foreign countries. All
required Shipper’s Export Declarations
and a complete air cargo manifest shall
be filed by the airline not later than
the fourth business day after clearance
(when clearance is required) or departure (when clearance is not required) of
the aircraft.
(2) Shipments to and from Puerto Rico.
For shipments from the U.S. to Puerto
Rico, the complete manifest (when required) and all required Shipper’s Export Declarations shall be filed not
later than the seventh business day
after arrival into Puerto Rico. For
shipments from Puerto Rico to the
U.S., the complete manifest (when required) and all required Shipper’s Export Declarations shall be filed not
later than the seventh business day
after departure from Puerto Rico.
(3) Shipments to U.S. possessions. For
shipments between the U.S. or Puerto
Rico and possessions of the U.S., a
complete manifest and all required
Shipper’s Export Declarations shall be
filed by the airline not later than the
seventh business day after departure.
See § 122.79.
(d) Declaration required. A declaration
shall be made on the incomplete manifest that:
(1) All required documents will be
filed within the 4-day bond period; or
(2) All required documents will be
filed within the 7-day bond period.
Once all documents have been filed, a
statement as required by § 122.75(b)
shall be made.
[T.D. 88–12, 53 FR 9292, Mar. 22, 1988, as
amended by T.D. 93–61, 58 FR 41425, Aug. 4,
1993]
§ 122.75 Complete manifest.
(a) Contents. A complete air cargo
manifest shall list all cargo laden, and
show for each item the air waybill
number, or marks and numbers on
packages and the type of goods carried.
If an item does not require a Shipper’s
Export Declaration, it shall be noted
on the air cargo manifest.
(1) Shipments on an air waybill. A copy
of each air waybill on which shipments
are listed may be attached to the air
cargo manifest, and the number of the
air waybill may be listed on the air
cargo manifest. The statement ‘‘Cargo
as per Air Waybill Attached’’ must appear on the air cargo manifest if this is
done.
(2) Direct departure. This subsection
applies only to direct departures of
shipments requiring a Shipper’s Export
Declaration. A copy of each declaration
may be attached to the air cargo manifest, and the number of each declaration shall be listed on the air cargo
manifest in the column for air waybill
numbers. The statement ‘‘Cargo as per
Export Declarations Attached’’ must
appear on the manifest if this is done.
(b) Statement required. (1) When all required documents are ready for filing,
the following statement must appear
on the air cargo manifest, or on the
general declaration form if an air cargo
manifest is not required:
Attached Shipper’s Export Declarations
represent a full and complete enumeration
and description of the cargo carried in this
flight except that listed on the cargo manifest.
(2) If an incomplete set of documents
has been filed and is later completed,
the following statement shall accompany the Shipper’s Export Declarations
and any required air cargo manifests:
Attached Shipper’s Export Declarations
represent a full and complete enumeration
and description of the cargo carried on aircraft No. llll, Flight No. llll cleared
direct for llll, on llll except cargo
listed on any cargo manifest required to be
filed for such flight.
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lllllllllllllllllll
Authorized Agent llllllllllllll
§ 122.75a Electronic manifest requirement for passengers onboard commercial aircraft departing from the
United States.
(a) Definitions. The definitions set
forth in § 122.49a(a) also apply for purposes of this section.
(b) Electronic departure manifest—(1)
General—(i) Basic requirement. Except as
provided in paragraph (c) of this section, an appropriate official of each
commercial aircraft (carrier) departing
from the United States en route to any
port or place outside the United States
must transmit to the Advance Passenger Information System (APIS; referred to in this section as the Customs
and Border Protection (CBP) system),
the electronic data interchange system
approved by CBP for such transmissions, an electronic passenger departure manifest covering all passengers checked in for the flight. A
passenger manifest must be transmitted separately from a crew member
manifest required under § 122.75b if
transmission is in U.S. EDIFACT format. The passenger manifest must be
transmitted to the CBP system at the
place and time specified in paragraph
(b)(2) of this section, in the manner set
forth under paragraph (b)(1)(ii) of this
section.
(ii) Transmission of manifests. A carrier required to make passenger departure manifest transmissions to the
CBP system under paragraph (b)(1)(i) of
this section must make the required
transmissions covering all passengers
checked in for the flight in accordance
with either paragraph (b)(1)(ii)(A), (B),
(C), or (D) of this section, as follows:
(A) Non-interactive batch transmission
option. A carrier that chooses not to
transmit required passenger manifests
by means of a CBP-certified interactive
electronic transmission system under
paragraph (b)(1)(ii)(B), (C), or (D) of
this section must make batch manifest
transmissions in accordance with this
paragraph (b)(1)(ii)(A) by means of a
non-interactive
electronic
transmission system approved by CBP. The
carrier may make a single, complete
batch manifest transmission containing the data required under paragraph (b)(3) of this section for all pas-
§ 122.75a
sengers checked in for the flight or two
or more partial batch manifest transmissions, each containing the required
data for the identified passengers and
which together cover all passengers
checked in for the flight. After receipt
of the manifest information, the CBP
system will perform an initial security
vetting of the data and send to the carrier by a non-interactive transmission
method a ‘‘not-cleared’’ instruction for
passengers identified as requiring additional security analysis and a ‘‘selectee’’ instruction for passengers requiring secondary screening (e.g., additional examination of the person and/or
his baggage) under applicable Transportation
Security
Administration
(TSA) requirements. The carrier must
designate as a ‘‘selectee’’ any passenger so identified during initial security vetting, in accordance with applicable TSA requirements. The carrier
must not issue a boarding pass to, or
load the baggage of, any passenger subject to the ‘‘not-cleared’’ instruction
and must contact the Transportation
Security Administration (TSA) to seek
resolution of the ‘‘not-cleared’’ instruction by providing, if necessary, additional relevant information relative to
the ‘‘not-cleared’’ passenger. TSA will
notify the carrier if a ‘‘not-cleared’’
passenger is cleared for boarding or
downgraded to ‘‘selectee’’ status based
on the additional security analysis.
(B) Interactive batch transmission option. A carrier, upon obtaining CBP
certification, in accordance with paragraph (b)(1)(ii)(E) of this section, may
make manifest transmissions by means
of an interactive electronic transmission system configured for batch
transmission of data and receipt from
the CBP system of appropriate messages. A carrier operating under this
paragraph must make manifest transmissions by transmitting a single,
complete batch manifest containing
the data required under paragraph
(b)(3) of this section for all passengers
checked in for the flight or two or
more partial batch manifests, each
containing the required data for the
identified passengers and which together cover all passengers checked in
for the flight. In the case of connecting
passengers arriving at the connecting
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§ 122.75a
19 CFR Ch. I (4–1–12 Edition)
airport already in possession of boarding passes for a flight departing from
the United States whose data have not
been collected by the carrier, the carrier must transmit required manifest
data for these passengers when they arrive at the gate, or some other suitable
place designated by the carrier, for the
flight. After receipt of the manifest information, the CBP system will perform an initial security vetting of the
data and send to the carrier by interactive electronic transmission, as appropriate, a ‘‘cleared’’ instruction for
passengers not matching against the
watch list, a ‘‘not-cleared’’ instruction
for passengers identified as requiring
additional security analysis, and a
‘‘selectee’’ instruction for passengers
who require secondary screening (e.g.,
additional examination of the person
and/or his baggage) under applicable
TSA requirements. The carrier must
designate as a ‘‘selectee’’ any passenger so identified during initial security vetting, in accordance with applicable TSA requirements. The carrier
must not issue a boarding pass to, or
load the baggage of, any passenger subject to a ‘‘not-cleared’’ instruction and,
in the case of connecting passengers (as
described in this paragraph), the carrier must not board or load the baggage of any such passenger until the
CBP system returns a ‘‘cleared’’ or
‘‘selectee’’ response for that passenger.
Where a ‘‘selectee’’ instruction is received for a connecting passenger, the
carrier must ensure that such passenger undergoes secondary screening
before boarding. The carrier must seek
resolution of a ‘‘not-cleared’’ instruction by contacting TSA and providing,
if necessary, additional relevant information relative to the ‘‘not-cleared’’
passenger. Upon completion of the additional security analysis, TSA will notify the carrier if a ‘‘not-cleared’’ passenger is cleared for boarding or downgraded to ‘‘selectee’’ status based on
the additional security analysis. No
later than 30 minutes after the securing of the aircraft, the carrier must
transmit to the CBP system a message
reporting any passengers who checked
in but were not onboard the flight. The
message must identify the passengers
by a unique identifier selected or devised by the carrier or by specific pas-
senger data (name) and may contain
the unique identifiers or data for all
passengers onboard the flight or for
only those passengers who checked in
but were not onboard the flight.
(C) Interactive individual passenger information transmission option. A carrier,
upon obtaining CBP certification, in
accordance with paragraph (b)(1)(ii)(E)
of this section, may make manifest
transmissions by means of an interactive electronic transmission system
configured for transmitting individual
passenger data for each passenger and
for receiving from the CBP system appropriate messages. A carrier operating
under this paragraph must make such
transmissions as individual passengers
check in for the flight or, in the case of
connecting passengers arriving at the
connecting airport already in possession of boarding passes for a flight departing from the United States whose
data have not been collected by the
carrier, as these connecting passengers
arrive at the gate, or some other suitable place designated by the carrier for
the flight. With each transmission of
manifest information by the carrier,
the CBP system will perform an initial
security vetting of the data and send to
the carrier by interactive electronic
transmission,
as
appropriate,
a
‘‘cleared’’ instruction for passengers
not matching against the watch list, a
‘‘not-cleared’’ instruction for passengers identified during initial security vetting as requiring additional security analysis, and a ‘‘selectee’’ instruction for passengers requiring secondary screening (e.g., additional examination of the person and/or his baggage) under applicable TSA requirements. The carrier must designate as a
‘‘selectee’’ any passenger so identified
during initial security vetting, in accordance with applicable TSA requirements. The carrier must not issue a
boarding pass to, or load the baggage
of, any passenger subject to a ‘‘notcleared’’ instruction and, in the case of
connecting passengers (as described in
this paragraph), must not board or load
the baggage of any such passenger
until the CBP system returns a
‘‘cleared’’ or ‘‘selectee’’ response for
that passenger. Where a ‘‘selectee’’ instruction is received for a connecting
passenger, the carrier must ensure that
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such passenger undergoes secondary
screening before boarding. The carrier
must seek resolution of a ‘‘notcleared’’ instruction by contacting
TSA and providing, if necessary, additional relevant information relative to
the ‘‘not-cleared’’ passenger. Upon
completion of the additional security
analysis, TSA will notify the carrier if
a ‘‘not-cleared’’ passenger is cleared for
boarding or downgraded to ‘‘selectee’’
status based on the additional security
analysis. No later than 30 minutes
after the securing of the aircraft, the
carrier must transmit to the CBP system a message reporting any passengers who checked in but were not
onboard the flight. The message must
identify the passengers by a unique
identifier selected or devised by the
carrier or by specific passenger data
(name) and may contain the unique
identifiers or data for all passengers
onboard the flight or for only those
passengers who checked in but were
not onboard the flight.
(D) Combined use of interactive methods. If certified to do so, a carrier may
make transmissions under both paragraphs (b)(1)(ii)(B) and (C) of this section for a particular flight or for different flights.
(E) Certification. Before making any
required manifest transmissions under
paragraph (b)(1)(ii)(B) or (C) of this section, a carrier must subject its electronic transmission system to CBP
testing, and CBP must certify that the
carrier’s system is then presently capable of interactively communicating
with the CBP system for effective
transmission of manifest data and receipt of appropriate messages under
those paragraphs.
(2) Place and time for submission. The
appropriate official specified in paragraph (b)(1)(i) of this section (carrier)
must transmit the departure manifest
or manifest data as required under
paragraphs (b)(1)(i) and (ii) of this section to the CBP system (CBP Data Center, CBP Headquarters), in accordance
with the following:
(i) For manifests transmitted under
paragraph (b)(1)(ii)(A) and (B) of this
section, no later than 30 minutes prior
to the securing of the aircraft;
(ii) For manifest information transmitted under paragraph (b)(1)(ii)(C) of
§ 122.75a
this section, no later than the securing
of the aircraft; and
(iii) For an aircraft operating as an
air ambulance in service of a medical
emergency, no later than 30 minutes
after departure.
(3) Information required. The electronic passenger departure manifest required under paragraph (b)(1) of this
section must contain the following information for all passengers, except
that the information specified in paragraphs (b)(3)(iv), (ix), and (xi) of this
section must be included on the manifest only on or after October 4, 2005:
(i) Full name (last, first, and, if
available, middle);
(ii) Date of birth;
(iii) Gender (F = female; M = male);
(iv) Citizenship;
(v) Status on board the aircraft;
(vi) Travel document type (e.g., P =
passport; A = alien registration card);
(vii) Passport number, if a passport is
required;
(viii) Passport country of issuance, if
a passport is required;
(ix) Passport expiration date, if a
passport is required;
(x) Alien registration number, where
applicable;
(xi) Passenger Name Record locator,
if available;
(xii) International Air Transport Association (IATA) departure port code;
(xiii) IATA code of port/place of final
arrival (foreign port code);
(xiv) Airline carrier code;
(xv) Flight number; and
(xvi) Date of aircraft departure.
(c) Exception. The electronic passenger departure manifest specified in
paragraph (b)(1) of this section is not
required for active duty military personnel traveling as passengers on board
a departing Department of Defense
commercial chartered aircraft.
(d) Carrier responsibility for comparing
information collected with travel document. The carrier collecting the information described in paragraph (b)(3) of
this section is responsible for comparing the travel document presented
by the passenger with the travel document information it is transmitting to
CBP in accordance with this section in
order to ensure that the information is
correct, the document appears to be
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§ 122.75b
19 CFR Ch. I (4–1–12 Edition)
valid for travel purposes, and the passenger is the person to whom the travel
document was issued.
(e) Sharing of manifest information. Information contained in the passenger
manifest required under this section
that is received by CBP electronically
may, upon request, be shared with
other Federal agencies for the purpose
of protecting national security. CBP
may also share such information as
otherwise authorized by law.
[CBP Dec. 05–12, 70 FR 17855, Apr. 7, 2005, as
amended by CBP Dec. 07–64, 72 FR 48344, Aug.
23, 2007]
§ 122.75b Electronic manifest requirement for crew members and noncrew members onboard commercial
aircraft departing from the United
States.
(a) Definitions. The definitions set
forth in § 122.49a(a) also apply for purposes of this section, except that the
definitions of ‘‘all-cargo flight,’’ ‘‘carrier,’’ ‘‘crew member,’’ and ‘‘non-crew
member’’ applicable to this section are
found in § 122.49b(a).
(b) Electronic departure manifest—(1)
General requirement. Except as provided
in paragraph (c) of this section, an appropriate official of each commercial
aircraft departing from the United
States to any port or place outside the
United States must transmit to Customs and Border Protection (CBP) an
electronic crew member departure
manifest and, for all-cargo flights only,
an electronic non-crew member departure manifest covering any crew members and non-crew members onboard.
Each manifest must be transmitted to
CBP at the place and time specified in
paragraph (b)(2) of this section by
means of an electronic data interchange system approved by CBP and
must set forth the information specified in paragraph (b)(3) of this section.
Where both a crew member departure
manifest and a non-crew member departure manifest are required for an
all-cargo flight, they must be combined
in one departure manifest covering
both crew members and non-crew members. Where a passenger departure
manifest under § 122.75a and a crew
member departure manifest under this
section are required, they must be
transmitted separately if the transmission is in US EDIFACT format.
(2) Place and time for submission; certification; change to manifest. (i) Place
and time for submission. The appropriate
official specified in paragraph (b)(1) of
this section must transmit the electronic departure manifest required
under paragraph (b)(1) of this section
to the CBP Data Center, CBP Headquarters, no later than 60 minutes prior
to departure of the aircraft, except
that for an air ambulance in service of
a medical emergency, the manifest
must be transmitted to CBP no later
than 30 minutes after departure.
(ii) Certification. Except as provided
in paragraph (c) of this section, the appropriate official, by transmitting the
manifest as required under paragraph
(b)(1) of this section, certifies that the
flight’s crew members and non-crew
members are included, respectively, on
the master crew member list or master
non-crew member list previously submitted to CBP in accordance with
§ 122.49c. If a crew member or non-crew
member on the manifest is not also included on the appropriate master list,
the flight may be denied clearance to
depart.
(iii) Changes to manifest. The appropriate official is obligated to make necessary changes to the crew member or
non-crew member departure manifest
after transmission of the manifest to
CBP. Necessary changes include adding
a name, with other required information, to the manifest or amending previously submitted information. If
changes are submitted less than 60
minutes before scheduled flight departure, the air carrier must receive approval from TSA before allowing the
flight to depart or the flight may be denied clearance to depart.
(3) Information required. The electronic crew member and non-crew
member departure manifests required
under paragraph (b)(1) of this section
must contain the following information for all crew members and non-crew
members, except that the information
specified in paragraphs (b)(iii), (v), (vi),
(xii), and (xiv) of this section must be
included on the manifest only on or
after October 4, 2005:
(i) Full name (last, first, and, if
available, middle);
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(ii) Date of birth;
(iii) Place of birth (city, state—if applicable, country);
(iv) Gender (F = female; M = male);
(v) Citizenship;
(vi) Address of permanent residence;
(vii) Status on board the aircraft;
(viii) Pilot certificate number and
country of issuance (if applicable);
(ix) Travel document type (e.g., P =
passport; A = alien registration card);
(x) Passport number, if a passport is
required;
(xi) Passport country of issuance, if a
passport is required;
(xii) Passport expiration date, if a
passport is required;
(xiii) Alien registration number,
where applicable;
(xiv) Passenger Name Record locator,
if available;
(xv) International Air Transport Association (IATA) departure port code;
(xvi) IATA code of port/place of final
arrival (foreign port code);
(xvii) Airline carrier code;
(xviii) Flight number; and
(xix) Date of aircraft departure.
(c) Exceptions. The electronic departure manifest requirement specified in
paragraph (b)(1) of this section is subject to the following conditions:
(1) Federal Aviation Administration
(FAA) Aviation Safety Inspectors with
valid credentials and authorization are
not subject to the requirement, but the
manifest requirement of § 122.75a applies to these inspectors, as they are
considered passengers on departing
flights;
(2) For crew members traveling onboard departing aircraft chartered by
the U.S. Department of Defense, the
provisions of this section apply regarding electronic transmission of the
manifest, except that:
(i) The manifest certification provision of paragraph (b)(2)(ii) of this section is inapplicable; and
(ii) The TSA manifest change approval
requirement
of
paragraph
(b)(2)(iii) of this section is inapplicable;
and
(3) For non-crew members traveling
onboard a departing all-cargo flight
chartered by the U.S. Department of
Defense, the manifest is not required,
but the manifest requirement of
§ 122.75a applies to these persons, as, in
§ 122.76
this instance, they are considered passengers on departing flights.
(d) Carrier responsibility for comparing
information collected with travel document. The carrier collecting the information described in paragraph (b)(3) of
this section is responsible for comparing the travel document presented
by the crew member or non-crew member with the travel document information it is transmitting to CBP in accordance with this section in order to
ensure that the information is correct,
the document appears to be valid for
travel, and the crew member or noncrew member is the person to whom
the travel document was issued.
(e) Sharing of manifest information. Information contained in the crew member and non-crew member manifests required under this section that is received by CBP electronically may,
upon request, be shared with other
Federal agencies for the purpose of protecting national security. CBP may
also share such information as otherwise authorized by law.
(f) Master crew member and non-crew
member lists. Air carriers subject to the
requirements of this section must also
comply with the requirements of
§ 122.49c pertaining to the electronic
transmission of a master crew member
list and a master non-crew member list
as applied to flights departing from the
United States.
(g) Superseding amendments issued by
TSA. One or more of the requirements
of this section may be superseded by
provisions of, amendments to, or alternative procedures authorized by TSA
for compliance with an aviation security program, emergency amendment,
or security directive issued by the TSA
to an air carrier subject to the provisions of 49 CFR part 1544, 1546, or 1550.
The amendments will have superseding
effect only for the airline to which
issued and only for the period of time
they remain in effect.
[CBP Dec. 05–12, 70 FR 17855, Apr. 7, 2005]
§ 122.76 Shipper’s Export Declarations
and inspection certificates.
(a) Shipper’s Export Declarations—(1)
Other than shipments to Puerto Rico. For
shipments other than to Puerto Rico,
at the time of clearance, the aircraft
commander or agent shall file with the
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§ 122.77
19 CFR Ch. I (4–1–12 Edition)
port director of the departure airport
any Shipper’s Export Declarations required by the Bureau of the Census (see
15 CFR part 30).
(2) Shipments to Puerto Rico. For
flights carrying shipments to Puerto
Rico from the U.S., the aircraft commander or agent shall file any Shipper’s Export Declarations required by
the Bureau of the Census (see 15 CFR
part 30) upon arrival in Puerto Rico
with the port director there.
(b) Inspection certificates. The aircraft
commander or authorized agent shall
deliver a proper export inspection certificate issued by the Veterinary Service, Animal and Plant Inspection Service, Department of Agriculture (9 CFR
part 91), to the Customs officer in
charge at the time of departure of any
aircraft carrying horses, mules, asses,
cattle, sheep, swine, or goats.
[T.D. 93–61, 58 FR 41426, Aug. 4, 1993]
§ 122.77
Clearance certificate.
(a) Aircraft departing from the U.S. One
copy of the air cargo manifest shall be
used as a clearance certificate when
endorsed by the port director to show
that clearance is granted.
(b) Scheduled aircraft. If a scheduled
aircraft clears at an airport which is
not the airport at or nearest the place
of final take-off from the U.S., two copies of the air cargo manifest shall be
filed. One copy shall be used as a clearance certificate when endorsed by the
director of the port where clearance is
obtained, and the second copy shall be
attached to the first for use at subsequent U.S. ports.
§ 122.78 Entry or withdrawal for exportation or for transportation and
exportation.
If a shipment is exported under an
entry or withdrawal for exportation, or
for transportation and exportation, the
air cargo manifest, the air waybill, or
the consignment note attached to the
manifest shall clearly show the following information for each entry or
withdrawal:
(a) Number;
(b) Date; and
(c) Class of entry or withdrawal, as
follows:
(1) Transportation and exportation;
(2) Withdrawal for transportation and
exportation;
(3) Immediate exportation;
(4) Withdrawal for exportation; or
(5) Withdrawal for transportation.
The name of the port where the entry
or withdrawal was filed, if not the port
where the merchandise is laden for exportation, shall also appear on the air
cargo manifest.
§ 122.79 Shipments to U.S. possessions.
(a) Other than Puerto Rico. An air
cargo manifest shall be filed for aircraft transporting cargo between the
U.S. and U.S. possessions. Shipper’s
Export Declarations are not required
for shipments from the U.S. or Puerto
Rico to the U.S. possessions, except to
the U.S. Virgin Islands or from a U.S.
possession and destined to the U.S.,
Puerto Rico, or another U.S. possession.
(b) Puerto Rico. When an aircraft carries merchandise on a direct flight
from the U.S. to Puerto Rico, any required air cargo manifest or Shipper’s
Export Declarations shall be filed with
the appropriate port director at Puerto
Rico.
[T.D. 88–12, 53 FR 9292, Mar. 22, 1988, as
amended by T.D. 93–61, 58 FR 41426, Aug. 4,
1993]
§ 122.80 Verification of statement.
Customs officers may verify any of
the statements required under this subpart by examining the shipping records
of the airline involved.
Subpart I—Procedures for Residue
Cargo and Stopover Passengers
§ 122.81 Application.
(a) Aircraft arriving with cargo. Aircraft arriving in the U.S. from a foreign area with cargo shown on the
manifest to be traveling to other airports in the U.S. or to foreign areas
may proceed under the provisions of
this subpart.
(b) Aircraft arriving with no cargo. Aircraft arriving in the U.S. from a foreign area with no cargo on board, and
requesting immediate examination and
release, may proceed if a bond on Customs Form 301, containing the bond
conditions set forth in subpart G of
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part 113 of this chapter, has been filed
and covers the aircraft.
§ 122.82
Bond requirements.
A bond on Customs Form 301, containing the bond provisions set forth in
subpart G of part 113 of this chapter,
shall be filed before an aircraft is given
a permit to proceed with residue cargo
under this subpart. The bond shall be
filed in the correct amount with the director of the entry airport.
§ 122.83
Forms required.
(a) Traveling general declaration and
manifest. When applying for examination and release from an airport or
place of entry in the U.S., the aircraft
commander or agent shall file a traveling general declaration and manifest.
The traveling general declaration and
manifest is one certified copy of the
original inward general declaration,
and each air cargo manifest required
when the aircraft entered. This includes air waybills that were part of
the manifest.
(b) Attachments to traveling general
declaration and manifest—(1) Crew purchase and stores list. The crew purchase
and stores list, if required when the
aircraft enters under §§ 122.46 and 122.47,
shall be attached to the traveling general declaration and manifest.
(2) Crew purchases not listed on a crew
purchase list. A crew member’s declaration shall be attached to the traveling
general declaration and manifest if:
(i) Crew purchases are listed on a
crew declaration, Customs Form 5129,
instead of on the crew purchase list,
under § 122.46(c)(2); and
(ii) The crew member has not left the
aircraft with his or her purchase at the
first entry port.
The crew member’s declaration must
be attached at the port where the articles listed on the declaration receive
clearance.
(c) Abstract general declaration and
manifest. The abstract general declaration and manifest shall consist of one
copy of the general declaration, and
one copy of each manifest (including
air waybills) covering residue cargo:
(1) Not yet examined and released by
Customs or any other Federal agency;
and
§ 122.83
(2) To be discharged at another domestic or foreign airport.
An abstract general declaration and
manifest need not be filed at the last
domestic port of discharge.
(d) Permit to proceed. A permit to proceed from one domestic airport to another shall be filed by the aircraft commander or agent with the Customs officer in charge at the clearance airport.
The permit to proceed shall include a
declaration by the aircraft commander
or agent, which shall be signed on
entry at the next domestic airport. The
permit to proceed and declaration shall
state substantially the following:
PERMIT TO PROCEED FROM ONE AIRPORT
TO ANOTHER
Airport of Departure llllllllllll
Date lllllllllllllllllllll
Permission is hereby given aircraft
lllll to proceed to lllll
(Next Domestic Airport)
The aircraft which has arrived from and is
destined to the places shown in the general
declaration, is proceeding to such places of
destination to discharge residue cargo, passengers, or crew members and their purchases, as listed in the attached manifest.
Bond was given at the airport of arrival for
the cargo retained on board. Items of cargo
manifested for delivery at this airport appear to have been landed.
Number of crew members not cleared by
Customs llll.
Number of passengers not cleared by Customs llll.
Number of pages of the traveling
manifest llll.
llllllllllllllllllllllll
(Customs Officer and Title)
DECLARATION ON ENTRY OF AIRCRAFT AT
FOLLOWING AIRPORT
Airport of Arrival llllllllllllll
Date lllllllllllllllllllll
I, lllll, commander or authorized
agent of the aircraft identified in this document, declare and guarantee that there were
not, when such aircraft departed from the
airport of llll, nor have been since, nor
now are, any more or other goods, wares, or
merchandise on board than was stated in the
attached manifests.
llllllllllllllllllllllll
(Signature and Title)
The permit to proceed and declaration
must be stamped, mimeographed or
printed on:
(1) The abstract general declaration;
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§ 122.84
19 CFR Ch. I (4–1–12 Edition)
(2) The traveling general declaration
when an abstract general declaration is
not required; or
(3) A separate sheet of paper.
(e) Permit to proceed for nonscheduled
aircraft. For each permit to proceed
issued to a nonscheduled aircraft carrying residue cargo the transit air
cargo manifest procedures shall be followed. When the aircraft arrives at the
final port, the aircraft commander
shall deliver the permit to proceed to
Customs.
(f) Use of form. When all of the documents required by this section are in
order, the permit to proceed shall be
dated and signed by the Customs officer in charge at the clearance airport.
One copy of the permit to proceed shall
be delivered to the aircraft commander
or agent with the other required documents, for filing at the next international airport.
[T.D. 88–12, 53 FR 9292, Mar. 22, 1988; T.D. 00–
22, 65 FR 16518, Mar. 29, 2000]
§ 122.84 Intermediate airport.
(a) Application. The provisions of this
section apply at any U.S. airport to
which an aircraft proceeds with residue
cargo, and passengers, or crewmembers
and their purchases not cleared by Customs. They do not apply to aircraft arriving at the last domestic port of discharge.
(b) Entry. When an aircraft arrives at
the next airport, the aircraft commander or agent shall make entry by
filing the:
(1) Abstract general declaration and
manifest;
(2) Traveling general declaration and
manifest; and
(3) Permit to proceed.
The Declaration on Entry of Aircraft at
Following Airport, found on the permit
to proceed, shall be properly signed before filing for entry.
(c) Crew declarations. The declarations and entries, Customs Form 5129,
of any crewmembers who leave the aircraft with their purchases at the intermediate airport shall be detached from
the traveling general manifest. The
declaration and entries are to be detached by the Customs officer in
charge and are kept at the airport.
(d) Departure. When the aircraft
leaves an intermediate airport carrying
residue cargo, and passengers or crewmembers and their purchases are not
yet cleared by Customs or another interested Federal agency, the procedure
is the same as at the first arrival airport. All documents required by this
section, except those detached under
paragraph (c) of this secticn, shall be
returned to the aircraft commander or
agent for filing at the next entry airport.
§ 122.85
Final airport.
When an aircraft enters at the last
domestic airport of discharge, the traveling general declaration and manifest
shall be filed with Customs and kept at
the airport. No abstract general declaration and manifest is required.
§ 122.86
Substitution of aircraft.
(a) Application. The residue cargo procedure applies when an airline must
substitute aircraft to reach a destination due to weather conditions or operational factors which prevent an aircraft on arrival of the flight at the first
port from continuing inbound to interior ports scheduled for that flight.
(b) Clearance and entry. Clearance and
entry of substitute aircraft is required
as provided in this subpart for other
aircraft.
(c) Identification. An identification of
all substitute aircraft shall be clearly
made on all clearance and entry documents.
(d)
Transporting
cargo—(1)
Forwarding. The carrier may forward all
cargo which arrived on one aircraft by
transferring it to another aircraft of
the same airline to complete the inbound flight. The transfer shall be done
under Customs supervision.
(2) Conditions. All of the residue cargo
from more than one inbound flight of
an airline may be laden on one substitute aircraft of the airline. The substitute aircraft shall finish the inbound
transport of the residue cargo.
§ 122.87
Other requirements.
Section 4.85 of this chapter, relating
to vessels with residue cargo for domestic ports, applies to aircraft residue
cargo, except as stated in this subpart.
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§ 122.88 Aircraft carrying
(stopover) passengers.
domestic
Airlines that commingle domestic
(stopover) passengers (that is, passengers who have already cleared Customs at their port of arrival and are
continuing on another aircraft to a second U.S. destination) with international passengers who are continuing
on the flight to their port of arrival
and have not yet cleared Customs,
must comply with certain requirements before being issued a permit to
proceed. The carriers requirements are
as follows:
(a) The domestic (stopover) passengers must be transported on U.S.registered aircraft, or foreign-registered aircraft of the same foreign airline that brought them into the U.S.
(b) A $2.00 charge must be paid for
each revenue producing domestic (stopover) passenger reinspected in the U.S.
(see § 24.12 of this chapter).
(c) Arrangements must be made for
the checked baggage of all passengers
requiring inspection on the previously
described flights to be off-loaded and
made available for examination in the
Federal inspection area at the destination port (intermediate or final) where
an inspection is to take place.
(d) All stopover passengers shall be
notified in writing, prior to boarding,
that they will be subject to full reinspection by Customs. This written notification shall contain the following
language: ‘‘Notice to all boarding passengers: You are boarding an aircraft
on which passengers will be arriving in
the U.S. from foreign destinations.
These passengers have not yet cleared
U.S. Customs. Accordingly, you will be
subject to a full reinspection by Customs at your final U.S. port of entry.’’
(e) Domestic (stopover) passengers
shall be provided a Customs declaration identified by the words ‘‘Domestic
Flight’’. The domestic (stopover) passenger is only required to complete
items 1–4 on that declaration.
(f) The carrier shall present to Customs, as otherwise required by law, the
permit to proceed and/or the general
declaration, clearly stating the number
of domestic (stopover) passengers to be
reinspected upon arrival at the destination port (intermediate or final) where
§ 122.92
an inspection of passengers is to take
place.
Subpart J—Transportation in Bond
and Merchandise in Transit
§ 122.91
Application.
This subpart applies to the transportation in bond of merchandise arriving
in the U.S. by aircraft and entered:
(a) For immediate transportation to
another airport without appraisement;
or
(b) For transportation through the
U.S. and later exportation by aircraft.
§ 122.92
Procedure at port of origin.
(a) Forms required—(1) Customs Form
7512 or other document. Customs Form
7512 or other Customs approved documents, such as an air waybill (see paragraph (a)(3) of this section), shall be
used for both entry and manifest.
Three copies of the form or other document are required to be filed with Customs at the port of origin for merchandise for immediate transportation
without appraisement. Four copies of
the form or other document are required when merchandise for transportation and exportation is entered. (See
also, §§ 18.11 and 18.20(a) of this chapter). Each copy shall be signed by the
carrier or its authorized agent.
(2) Air Waybill. An air waybill may be
used for both entry and manifest.
Three copies of the air waybill are required unless the port director deems
additional copies necessary. Photocopies of the original air waybill are
acceptable. Either preprinted stock air
waybills or electronically generated air
waybills may be used. The air waybill
must:
(i) Contain the information required
of a universal air waybill as recognized
and accepted by the International Air
Transport Association (IATA), be legible and in the English language;
(ii) Display a unique 11-digit number,
the first three digits being the air carrier’s identification code;
(iii) Display the number of packages
based on the smallest external packaging unit (e.g., 14 packages is acceptable, 1 pallet is unacceptable);
(iv) Display the name of the final
port of destination in the U.S. or the
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§ 122.92
19 CFR Ch. I (4–1–12 Edition)
name of the ultimate country of destination of the cargo indicated by
available air carrier shipping documents. The ultimate destination must
be shown even though the air transportation may be scheduled to terminate
in a country prior to the cargo’s final
destination;
(v) Be modified to contain the following information which should appear in a block or attachment in the
upper right-hand corner as in this example. The numbers 1–8 correspond to
the descriptions that follow; the numbers do not have to appear on the AWB:
(1)
(2)
(3)
llllllllllllllllllllll
Origin
llllllllllllllllllllll
Entry Type
llllllllllllllllllllll
Destination
(4) llllllllllllllllllllll
Importing Carrier/Flight Number/Arrival
Date
(5) llllllllllllllllllllll
Bonded Carrier/Exporter
(6) llllllllllllllllllllll
Date
(7) llllllllllllllllllllll
Signature of Carrier’s Agent
(or Exporter)
(8) llllllllllllllllllllll
Customs Officer
Date
The item numbers correspond to the
following information:
Item 1—Origin— The numeric port
code as listed in Schedule D of the Harmonized Tariff Schedules of the United
States, or the port where the in-bond
entry is presented.
Item 2—Entry type— The appropriate
in-bond code number such as I.T./61 for
Immediate Transportation, T&E/62 for
Transportation and Exportation, and
I.E./63 for Immediate Exportation.
Item 3—Destination— The numeric
port code for the intended port of destination for entry or exportation.
Item 4—Importing Carrier/Flight Number/Arrival Date— This information
serves to identify the shipment in
terms of the inward foreign manifest of
the importing carrier. The ‘‘Arrival
Date’’ is the date of arrival of the importing conveyance in the U.S. The information must be supplied in all instances.
Item 5—Bonded Carrier/Exporter— The
bonded carrier or exporter who will be
liable for the proper movement, han-
dling, and safekeeping of the merchandise once the in-bond movement is authorized by Customs. If this information is not supplied, the in-bond movement will be carried out under the
bond of the importing carrier. (See
Item 7 for further information on
transfer of liability.)
Item 6—Date— The date of the inbond entry preparation. Since an inbond entry can be prepared before the
date of entry presentation and/or acceptance, and prior to the actual arrival of the importing conveyance, this
date should only be used for duty assessment purposes when the date in
Item 8 is left blank. If a date is not
present, the date of in-bond preparation will be deemed to be the date of
arrival.
Item 7—Signature of Carrier’s Agent (or
Exporter)— This signature of the authorized agent of the bonded carrier or
exporter identified previously (See
Item 5) constitutes acceptance of the
liability for the in-bond shipment by
the party signing. A signature is required except when the in-bond movement is under the bond of the importing carrier. If unsigned, the submission
to Customs of an AWB requesting such
a movement is evidence of the acceptance of liability if the AWB is approved
by Customs.
Item 8—Customs Officer/Date— Signature of the Customs officer who authorizes the initiation of the in-bond movement and the date of such authorization. Customs will check to make sure
merchandise is released only to a bonded carrier. The date is used to start the
time limit for completion of the inbond movement and for consumption
entry purposes in accord with § 141.69(b)
of this chapter. Customs authorization
procedures which use a perforation device are acceptable in lieu of the appropriate Customs signature. The port director will determine whether a signature will be required in this block prior
to the time that the cargo is allowed to
move.
(b) Delivery of Customs form to carrier—(1) Merchandise entered for immediate transportation without appraisement. When merchandise is entered for
immediate transportation without appraisement, two copies of Customs
Form 7512 or other Customs approved
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document shall be delivered to the carrier.
(2) Merchandise entered for transportation and exportation. When merchandise is entered for transportation and
exportation, one copy of Customs For
7512 and any other Customs approved
document shall be delivered to the carrier.
(3) After delivery. After delivery, the
forms or other document shall accompany the merchandise to the port of
destination or exportation.
(c) Receipt and supervision. The agent
of a bonded air carrier shall give a receipt for any merchandise delivered to
it for transportation in bond, and no
supervision of the lading of the merchandise on the transporting aircraft
shall be required.
(d) Split shipment—(1) Departure within 24 hours. Merchandise covered by a
single entry and manifest (Customs
Form 7512 or other Customs approved
document) may be sent to the destination airport on one or more aircraft. A
separate manifest for each aircraft is
not required if the whole shipment is
sent within a single 24-hour period.
(2) Departure not within 24 hours. If
any part of a shipment is sent more
than 24 hours after the first part was
sent, the entry and manifest copy
which accompanies the first shipment
shall state that the rest of the shipment will follow by separate aircraft. A
single manifest shall be prepared for
each part of the shipment sent by separate aircraft. The manifest shall be
used as notice of each arrival at the
destination airport.
(e) Transhipment. Merchandise sent
under bond may be transferred at an
intermediate airport to one or more
aircraft of the same airline. This may
be done without Customs supervision
and notice of the transfer is not required. If merchandise covered by one
entry and manifest is transferred to
more than one aircraft, paragraph (d)
of this section applies.
(f) Sealing not required. The sealing of
aircraft, aircraft compartments carrying bonded merchandise, or the
cording and sealing of bonded packages
carried by the aircraft, is not required.
(g) Warning labels. The carrier shall
supply and attach the warning label, as
§ 122.94
described in § 18.4(e) of this chapter, to
each bonded package.
[T.D. 88–12, 53 FR 9292, Mar. 22, 1988, as
amended by T.D. 92–82, 57 FR 38276, Aug. 24,
1992; T.D. 00–22, 65 FR 16518, Mar. 29, 2000]
§ 122.93 Procedure at destination or
exportation airport.
(a) Delivery to port director. When a
bonded shipment arrives at the destination or exportation airport, the
aircraft commander or agent shall deliver one copy of the entry and manifest (Customs Form 7512 or other Customs approved document) covering the
shipment to the port director of that
airport as notice of arrival. If the shipment was sent by separate aircraft
more than 24 hours after the first part
of the shipment was sent, then a manifest for each part of the shipment shall
be delivered to the port director.
(b) Delivery to consignee. When the
merchandise is sent under an entry for
immediate transportation without appraisal, one copy of the manifest covering the merchandise shall be delivered by the carrier to the consignee.
This copy is used to make entry, and
may also be used as a carrier certificate as provided in § 141.11(a)(4) of this
chapter.
[T.D. 88–12, 53 FR 9292, Mar. 22, 1988; T.D. 00–
22, 65 FR 16518, Mar. 29, 2000]
§ 122.94 Certificate of lading for exportation.
(a) Required filing. This section applies to merchandise entered for transportation and exportation by aircraft.
A certificate of lading for exportation
and a Customs Form 7512 or other Customs approved document (see § 122.93 of
this subpart) shall be filed when the
merchandise reaches the final departure airport. The form shall be filled
out and signed at the place where aircraft clearance for the merchandise is
given.
(b) Clearance not at place of final departure. If an aircraft is cleared at a
place other than the place of final departure from the U.S., the aircraft
commander or its authorized agent
shall:
(1) Promptly report arrival of any
bonded merchandise for export to the
Customs officer in charge at that place;
and
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§ 122.95
19 CFR Ch. I (4–1–12 Edition)
(2) Submit to the Customs officer in
charge the certificate received at the
place the merchandise was taken on
board. The clearance certificate is kept
by the Customs officer in charge until
departure.
This procedure shall be followed at
each place of landing before final departure.
[T.D. 88–12, 53 FR 9292, Mar. 22, 1988; T.D. 00–
22, 65 FR 15618, Mar. 29, 2000]
§ 122.95 Other provisions.
Part 18 of this chapter (Transportation in Bond and Merchandise in
Transit) applies to the transportation
of merchandise under this subpart unless stated otherwise.
Subpart K—Accompanied
Baggage in Transit
§ 122.101 Entry of accompanied baggage.
Passengers who enter the U.S. on one
aircraft and depart to a foreign area on
another aircraft with accompanying
baggage shall either:
(a) Submit their baggage to Customs
for inspection; or
(b) Arrange with the importing carrier for the baggage to be processed
under regular in-transit procedures.
When passengers choose not to have access to their baggage while in the U.S.,
the baggage shall be listed on the Air
Cargo Manifest as provided in § 122.48.
§ 122.102 Inspection of baggage in
transit.
(a) General baggage in transit may be
inspected upon arrival, while in transit, and upon exportation. Carriers
shall present in-transit baggage for inspection at any time found necessary
by the port director.
(b) In-transit baggage shall be presented to a Customs officer for inspection and clearance before the baggage
can be delivered to a passenger while in
the U.S.
Subpart L—Transit Air Cargo
Manifest (TACM) Procedures
§ 122.111 Application.
Cargo (including manifested baggage)
which arrives and is transported under
Customs control in, through, or from,
the U.S. may be transported in bond
under this subpart. If cargo is not
transported under this subpart, it shall
be transported under other provisions
of this chapter. (See subparts I and J of
this part, and parts 18 and 123 of this
chapter.)
§ 122.112 Definitions.
The following definitions apply in
this subpart:
(a) Transit air cargo. ‘‘Transit air
cargo’’ is cargo, including manifested
baggage, transported under the requirements of this subpart.
(b) Port of arrival. The ‘‘port of arrival’’ is the port in the U.S. where imported cargo must be documented for
further transportation under this subpart.
(c) Transfer or transferred. ‘‘Transfer
or transferred’’ means the change of
documentation of cargo to transit air
cargo for transportation. The terms
also include the physical movement of
the cargo from one carrier to another,
and thereafter by air or surface movement to the port of destination.
(d) Transit air cargo manifest. ‘‘Transit
air cargo manifest’’ is used in this subpart as the shortened title for the
transportation entry and transit air
cargo manifest.
§ 122.113 Form for transit air cargo
manifest procedures.
A manifest on Customs Form 7509 is
required for transit air cargo, as provided in § 122.48(c) of this part. The
words ‘‘Transportation Entry and
Transit Air Cargo Manifest’’ shall be
printed, stamped or marked on the
form and on all copies of the form required for transit air cargo movement.
§ 122.114 Contents.
(a) Form duplicates original manifest.
Each transit air cargo manifest shall
be a duplicate of the sheet presented as
part of the cargo manifest for the aircraft on which the cargo arrived in the
U.S.
(b) Shipments shown on manifest—(1)
Country of exportation. Each transit air
cargo manifest sheet may list:
(i) Only air cargo shipments from one
exporting country, with the name of
the country shown in the heading; or
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(ii) Air cargo shipments from several
exporting countries, with the name of
the exporting country shown in the
‘‘Nature of Goods’’ column.
(2) Shipment to same port. Each transit
air manifest sheet may list only those
shipments manifested by way of the
port of arrival for:
(i) The same Customs port of destination;
(ii) The same Customs port for later
exportation; or
(iii) Direct exportation from the port
of arrival.
(c) Information required. Each air
cargo manifest sheet shall show:
(1) The foreign port of lading;
(2) The date the aircraft arrived at
the port of arrival;
(3) Each U.S. port where Customs
services will be necessary due to transit air cargo procedures; and
(4) The final port of destination in
the U.S., or the foreign country of destination, for each shipment. The foreign country destination shown on the
manifest must be the final destination,
as shown by airline shipping documents, even though airline transport
may be scheduled to end before the
shipment arrives at the final destination.
(d) Corrections. If corrections in the
route shown on the original manifest
for the cargo are required at the port of
arrival to make a manifest sheet workable as a transit air cargo manifest,
the director of the port of arrival may
allow the corrections.
§ 122.115 Labeling of cargo.
A warning label, as required by
§ 18.4(e) of this chapter, shall be attached to all transit air cargo not directly exported from the port of arrival
before the cargo leaves the port of arrival.
§ 122.116 Identification of manifest
sheets.
When the original cargo manifest for
the aircraft on which the cargo arrives
is presented by the aircraft commander
or its authorized agent at the port of
arrival, a manifest number will be
given to the aircraft entry documents
by Customs. The number given shall be
used by the airline to identify all copies of the transit air cargo manifest.
§ 122.117
All copies of the manifest shall be correctly numbered before cargo will be
released from the port of arrival as
transit air cargo.
§ 122.117 Requirements for transit air
cargo transport.
(a) Transportation—(1) Port to port.
Transit air cargo may be carried to another port only when a receipt is given,
as provided in paragraph (b) of this section. The receipt may be given only to
an airline which:
(i) Is a common carrier for the transportation of bonded merchandise; and
(ii) Has the required Customs bond on
file.
(2) Exportation from port of arrival.
Transit air cargo may be exported from
the port of arrival only if covered by a
bond on Customs Form 301, containing
the bond conditions set forth in subpart G of part 113 of this chapter, as
provided in § 18.25 of this chapter.
(b) Receipt—(1) Requirements. When
air cargo is to move from the port of
arrival as transit air cargo, a receipt
shall be given. The receipt shall be
made by the airline responsible for
transport or export within the general
order period (see § 122.50).
(2) Contents. The receipt shall appear
on each copy of the transit air cargo
manifest, clearly signed and dated if
required, in the following form:
Received the cargo listed herein for delivery to Customs at the port of destination or
exportation shown above, or for direct exportation.
llllllllllllllllllllllll
Name of carrier (or exporter)
llllllllllllllllllllllll
Attorney or agent of carrier (or exporter)
llllllllllllllllllllllll
Date
(c) Responsibility for transit air cargo—
(1) Direct exportation. The responsibility
of the airline exporting transit air
cargo for direct exportation begins
when a receipt, as provided in paragraph (b) of this section, is presented
to Customs.
(2) Other than direct exportation. When
the transit air cargo is not for direct
exportation, the responsibility of the
airline receiving the cargo begins when
a receipt, as provided in paragraph (b)
of this section, is presented to Customs.
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§ 122.118
19 CFR Ch. I (4–1–12 Edition)
(3) Carting. When carting is used to
deliver transit air cargo to receiving
airlines, the importing airline is responsible for the cargo under its own
bond until a receipt is filed by the receiving airline. This does not apply
when the carting is done under part 112
of this chapter, at the expense of the
parties involved.
(4) Importing airlines. An importing
airline which has qualified as a carrier
of bonded merchandise, whether registered in the U.S. or a foreign area,
may:
(i) Give a receipt for the air cargo;
(ii) File an appropriate bond; and
(iii) Deliver the cargo to an authorized domestic carrier for in-bond transportation from the port of arrival. The
importing carrier’s bond covers the
transportation.
(d) Split shipments. A receipt shall be
given by one airline for all of the cargo
shipments listed on one transit air
cargo manifest sheet. Cargo shipments
so listed shall be transported from the
port of arrival on one aircraft or carrier unless the use of more than one
aircraft or carrier would be allowed:
(1) By § 122.92(d) under a single combined entry and manifest;
(2) By § 122.118(d); or
(3) By § 122.119(e), permitting the use
of a surface carrier for transport.
Otherwise, all shipments on the transit
air cargo manifest shall be separately
documented and transported under the
regular procedures for transportation
of merchandise in bond (See subpart J).
[T.D. 88–12, 53 FR 9292, Mar. 22, 1988, as
amended by T.D. 98–74, 63 FR 51289, Sept. 25,
1998]
§ 122.118 Exportation from port of arrival.
(a) Application. Transit air cargo may
be transferred for exportation from any
port of arrival under this section. The
port director may require any supervision necessary to enforce the regulations of other Federal agencies.
(b) Time. Transit air cargo shall be
exported from the port of arrival within 10 days from the date the exporting
airline receives the cargo. After the 10day period, the individual cargo shipments must be made the subject of individual entries, as appropriate.
(c) Transit air cargo manifest copies.
Three copies of the transit air cargo
manifest shall be filed with Customs.
(1) Review copy. The importing airline
shall file a copy of each transit air
cargo manifest sheet covering any
cargo shipment that will be transferred
for direct exportation. This filing shall
be made as soon as the exporting airline has been chosen. The exporting
airline need not give receipt on the review copy for the cargo to be transferred, but the name of the exporting
airline shall be placed on the copy.
(2) Exportation copy. The exportation
copy shall be filed by the exporting airline when clearance documents are presented to Customs.
(3) Clearance copy. The clearance copy
shall be filed with the exporting aircraft’s clearance documents.
The exportation and clearance copies
shall show the exporting airline’s receipt for the cargo, aircraft number,
flight number, and the date.
(d) Direct export on different aircraft.
Transit air cargo shipments which are
listed on one aircraft transit air cargo
manifest sheet may be directly exported on different aircraft of the exporting airline. If this occurs, two additional copies of the transit air cargo
manifest shall be filed for each shipment or group of shipments transported in other aircraft. Each copy of
the transit air cargo manifest shall be
clearly marked to show which shipment or shipments listed are covered
by the manifest copy.
(e) Direct export by another airline. If
shipments listed on one transit air
cargo manifest sheet are not exported
from the same port on the same airline, separate export entries on Customs Form 7512, as required by § 18.25 of
this chapter, shall be filed.
(f) Post entered air cargo. Air cargo
not listed on the manifest (i.e., overages) which has been post entered
under § 122.49(b) may be exported from
the port of origin under this subpart. If
this occurs, four copies of the air cargo
manifest, Customs Form 7509, marked
‘‘Post Entry’’, shall be provided. All requirements of § 122.44(b) shall be followed in using this procedure.
(g) Review. The review copy of the
transit air cargo manifest sheets must
be reviewed by Customs as required for
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the carrier manifest copy in § 122.120(g).
The reviewing officer shall take the
proper action if a license is necessary
for any cargo. The exporting airline
shall be notified that any transit air
cargo which is not covered by the required license must be placed under
constructive Customs custody in a special area of the airline’s terminal until
the license is obtained.
§ 122.119 Transportation to another
U.S. port.
(a) Application. Air cargo shipments
may be transferred for transportation
as transit air cargo from the port of arrival to another port in the U.S. under
this section. The director of the port of
arrival may require Customs supervision of the transfer.
(b) Time. Transit air cargo traveling
to a final port of destination in the
U.S. shall be delivered to Customs at
its destination within 15 days from the
date the receiving airline gives the receipt for the cargo at the port of arrival.
(c) Transit air cargo manifest copies.
Four copies of the transit air cargo
manifest, including a carrier manifest
copy, shall be filed by the airline giving a receipt for moving the cargo shipments to their destination. The permit
copy is used and kept by Customs at
the port of arrival.
(d) Failure to deliver on time—(1) Procedure. If transit air cargo does not arrive at the destination port on time,
the director of the port of arrival shall
take action as provided in §§ 18.6 and
18.8 of this chapter. The amount of
duty and tax shall be decided at the
port of arrival on the basis of information:
(i) On the permit copy kept at the
port of arrival; and
(ii) Obtained from the carriers as necessary.
The director of the port of arrival shall
notify the airline that presented a receipt for the cargo that there has been
a failure to deliver.
(2) Responsibility of airline. When the
airline that presented a receipt for the
cargo receives notice of discrepancies,
the airline shall answer within 90 days
of the date of such notice to the director of the port of arrival. The answer
shall provide any information or docu-
§ 122.120
ments related to the value and description of the cargo involved that the
receipting airline and the importing
airline can produce.
(e) Surface movement to port of destination. If an aircraft arrives at the port of
arrival with cargo to be carried as
transit air cargo, the cargo may be
transferred to another carrier for surface movement to the port of destination. The transfer is allowed under the
following conditions:
(1) The bond of the party receiving
the cargo for surface movement must
cover the transfer and surface movement;
(2) The description of the cargo on
the transit air cargo manifest must be
complete;
(3) The entire shipment listed in the
transit air cargo manifest must be
shipped from the port of arrival to the
port of destination by the same surface
carrier; and
(4) The requirements of § 122.114(b)
must be followed.
[T.D. 88–12, 54 FR 9292, Mar. 22, 1988; T.D. 00–
22, 65 FR 16518, Mar. 29, 2000]
§ 122.120 Transportation
port for exportation.
to
another
(a) Application. Air cargo may be
transferred as transit air cargo at the
port of arrival for transportation to another port in the U.S. and later exportation under this section.
(b) Supervision—(1) From port of arrival
to exportation port. The director of the
port of arrival shall order any supervision found necessary for the transfer
of transit air cargo for transportation
to another port for export.
(2) At exportation port. Customs shall
be notified far enough in advance to be
able to make any required supervision
of the lading of cargo, and to enforce
any other Federal agency requirements, when transit air cargo is ready
for lading on the exporting aircraft.
(c) Time. Transit air cargo covered by
this section shall be delivered to Customs at the port of exportation within
15 days from the date of receipt by the
forwarding airline.
(d) Transit air cargo manifest copies.
Five copies of the transit air cargo
manifest shall be filed with Customs.
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§ 122.131
19 CFR Ch. I (4–1–12 Edition)
(1) Port of arrival. Two copies of the
transit air cargo manifest, marked separately as ‘‘permit’’ and ‘‘control’’ copies, shall be filed with Customs at the
port of arrival. Filing shall be made
when the arriving aircraft enters, or
before the general order period ends, by
the airline which presents a receipt to
transport the cargo from the port of arrival to the port of destination.
(2) Port of exportation. Three copies of
the transit air cargo manifest shall be
filed at the port of exportation.
(i) Carrier manifest copy. The carrier
manifest copy shall be attached to the
listing of cargo shipments and submitted when the cargo arrives at the
exportation port.
(ii) Exportation and clearance copies.
Two copies, marked separately as ‘‘exportation’’ and ‘‘clearance’’ copies,
shall be filed with Customs at the exportation port.
(e) Delivery to exporting airline. When
the transit air cargo arrives at the exportation port, it may be delivered directly to the exporting carrier, together with the exportation and clearance copies. The name of the exporting
carrier shall be clearly noted on the
carrier manifest copy, which shall then
be delivered to Customs.
(f) Storage by exporting airline. The exporting carrier shall keep all cargo
listed on the transit air cargo manifest
in one storage space. This storage
space shall be separate from the area in
which special shipments which require
a license under paragraph (g) of this
section are stored.
(g) Export license—(1) Review. A Customs officer shall review the carrier
manifest copy of the transit air cargo
manifest to make sure that the export
licensing requirements of other Federal agencies have been followed.
(2) Information inadequate. If the
manifest information is not enough for
Customs to determine that a license or
other requirement applies, then the
transit air cargo shall be checked by
examination, or by inspection of the
air waybills or attached invoices.
(3) When license or other requirement
applies. The exporting airline shall be
notified at once if Customs finds that
the shipment cannot be exported without a license or other approval. The
shipment shall then be put under con-
structive Customs custody in a special
area set aside for the shipment in the
exporting airline’s cargo terminal.
(h) Filing of exportation and clearance
copies—(1) Information. When filed with
Customs, the exportation and clearance copies of the transit air cargo
manifest shall each show:
(i) The aircraft number;
(ii) The aircraft flight number; and
(iii) The date.
(2) Filing. The exporting airline shall
file the exportation and clearance copies before the aircraft that carries the
transit air cargo departs. The clearance copies shall be grouped together
and not mixed in with other outward
manifest sheets. The exportation copies shall be grouped together, and kept
separate from the outward clearance
documents.
(i) Cargo not laden at same airport by
same airline. If all the cargo listed on
one transit air cargo manifest sheet is
not laden for exportation from the
same U.S. airport by the same airline,
then separate entries on Customs Form
7512 are required for each cargo shipment listed:
(1) For transportation and exportation under subpart J of this part; or
(2) For direct exportation under
§ 18.25 of this chapter.
(j) Cargo laden on more than one aircraft of same airline. When any cargo
shipment listed on the same transit air
cargo manifest must be exported on
more than one aircraft of the same airline, § 122.118(d) applies.
(k) Failure to deliver. If all or part of
the cargo listed on the transit air
cargo manifest is not accounted for
with an exportation copy within 40
days, the director of the port of arrival
shall take action as provided in
§ 122.119(d).
[T.D. 88–12, 53 FR 9292, Mar. 25, 1988, as
amended by T.D. 98–74, 63 FR 51289, Sept. 25,
1998; T.D. 00–22, 65 FR 16518, Mar. 29, 2000]
Subpart M—Aircraft Liquor Kits
§ 122.131 Application.
(a) Liquor and tobacco. Subpart M applies to:
(1) Duty-free and tax-free liquor and
tobacco; and
(2) Duty-paid and tax-paid liquor and
tobacco which has been placed in the
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same liquor kit as duty-free and taxfree liquor and tobacco.
(b) Aircraft. Subpart M applies to all
commercial aircraft on domestic or
foreign flights operating into, from and
between U.S. airports, which are carrying:
(1) Duty-free and tax-free liquor and
tobacco withdrawn from bond under
section 309, Tariff Act of 1930, as
amended (19 U.S.C. 1309); or
(2) Other liquor or tobacco on which
duty or taxes have not been paid.
This includes any aircraft carrying
duty-free and tax-free liquor under 19
U.S.C. 1309, or other Federal law, although the aircraft is not required to
enter, clear or report arrival.
§ 122.132
kits.
Sealing
of
aircraft
liquor
(a) Sealing required. Aircraft liquor
kits shall be sealed on board the aircraft by crewmembers before the aircraft lands in the U.S. The liquor kits
shall be kept under seal while on the
ground unless taken to an authorized
airline in-bond liquor storeroom.
(b) Exception. When an aircraft is
traveling between airports in the U.S.,
in a trade for which duty-free and taxfree liquor is used during flight, sealing
the liquor kits on board during transporting stopovers is not required if:
(1) The liquor kits are kept on board
the aircraft; and
(2) The port director finds that sealing is not required for revenue protection.
(c) Seals to be used. Aircraft liquor
kits shall be sealed with serially numbered, Customs approved seals. The airline shall use seals supplied by an approved manufacturer, as provided in
part 24 of this chapter. A small number
of seals may be obtained from the port
director.
(d) Removing seals. When sealed liquor
kits are on the ground, the Customs
seals may be broken only by:
(1) A Customs officer; or
(2) Authorized airline personnel, in
an authorized airline in-bond liquor
storeroom.
(e) Resealing. When a Customs officer
breaks the seal of a liquor kit to check
the contents, the action shall be recorded on the liquor kit stores list, and
§ 122.134
the liquor kit must be resealed with an
approved seal.
§ 122.133 Stores list required on arrival.
(a) When required, contents. Three
copies of an incoming stores list shall
be prepared for each liquor kit on
board before an aircraft lands. The incoming stores list shall state for each
type of liquor and bottle size:
(1) Number of full bottles;
(2) Number of partially filled bottles;
and
(3) Total number of bottles.
If the carrier chooses not to state the
type of liquor for each size bottle, any
duty or taxes assessed for any shortage
shall be set at the highest rate available for the alcoholic beverages in the
kit.
(b) Disposition of stores list copies. One
copy of the incoming stores list shall
be placed in the liquor kit before it is
sealed. The remaining two copies shall
be used as follows:
(1) One copy shall be filed with the
inward cargo manifest; and
(2) One copy shall be kept for filing
with the outward cargo manifest if the
liquor kit was laden for export.
(c) For aircraft not required to enter
and/or clear. If an aircraft is not required to enter and/or clear:
(1) One copy shall be given to the
Customs officer upon arrival; and
(2) One copy shall be kept to be given
to the Customs officer before departure
of the aircraft.
(d) When stores list not prepared. When
a complete stores list is not prepared
before landing, liquor kits must be
sealed on board, and the seal number
shall be recorded on the stores list.
When the aircraft lands, the liquor
shall be taken at once to the Customs
office and the stores list shall be completed by crew members under Customs
supervision.
§ 122.134 When airline does not have
in-bond liquor storeroom.
(a) Handling of liquor kits. An aircraft
may land at an airport where the airline involved does not have an authorized in-bond liquor storeroom. When
this occurs, the liquor kits, under any
supervision found necessary by the
port director, may be:
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§ 122.135
19 CFR Ch. I (4–1–12 Edition)
(1) Kept on board the aircraft;
(2) Removed and replaced upon the
aircraft; or
(3) Removed and replaced aboard another aircraft.
(b) Sealing of kits. Aircraft liquor kits
covered by this section shall remain
sealed until departure. Customs officers may remove the seal to check the
contents of the liquor kits, but shall
reseal the kits as provided in
§ 122.132(e).
(c) Restocking. Additional amounts of
duty-free and tax-free liquor and tobacco obtained in the U.S. shall be
laden in a separate container on any
aircraft covered by this section. The
lading shall be done under any supervision the port director finds necessary. The additional liquor and tobacco shall be shown on separate outward stores lists.
§ 122.135 When airline has in-bond liquor storeroom.
(a) Restocking. Liquor kits on board
an aircraft landing at an airport where
the airline involved has an authorized
in-bond liquor storeroom may be removed and restocked in the storeroom.
(b) Inventory record. Each authorized
airline in-bond liquor storeroom shall
keep an inventory record in a form
that satisfies the port director. The inventory record shall account for the receipt and use of all aircraft liquor and
tobacco stores on which duty and/or
tax has not been paid.
(c) Airline employees. Any airline
which has an authorized in-bond liquor
store room at an airport shall give the
port director:
(1) A list of names of all airline employees authorized to break Customs
seals on liquor kits in the in-bond liquor storeroom; and
(2) Signature samples of the authorized employees.
(d) Opening of aircraft liquor kits. Aircraft liquor kits received in an authorized storeroom shall be opened only by
authorized airline employees, or by
Customs officers.
(e) Contents of liquor kits. The employees who break the seals on aircraft liquor kits shall check the contents at
once. The employees shall immediately
report to the port director any:
(1) Evidence of seal tampering;
(2) Difference between the seal numbers on the liquor kits and those recorded on the stores list; and
(3) Differences in quantity as shown
on the stores list.
(f) Handling the liquor kits—(1) Partial
bottles. Partial bottles of liquor may be
removed from incoming liquor kits and
kept in the in-bond liquor storeroom to
be destroyed or combined with other
partial bottles. This may be done only
under Customs supervision. The costs
of Customs supervision shall be paid by
the airline.
(2) Exportation. The contents of incoming liquor kits may be commingled
to restock outbound liquor kits. The
commingling must take place in the
airline in-bond liquor storeroom, using
liquor bottles on which the seal has not
been broken.
(3) Sealing. All liquor kits shall be
sealed as provided in § 122.132(a) before
removal from the in-bond liquor storeroom. All seal numbers shall be listed
on an outgoing stores list.
§ 122.136
Outgoing stores list.
(a) Preparation. Two copies of a serially numbered outgoing stores list
shall be prepared by the airline for all
liquor and tobacco withdrawn from
bonded or non-tax-paid stock and added
to liquor kits. The outgoing stores list
shall show the total number of bottles
for each type liquor, the brand, and the
size of each bottle.
(b) Use of copies. The two copies of
the outgoing stores list shall be used as
follows:
(1) One copy shall be placed and kept
in the outgoing kits until the aircraft
leaves the U.S.; and
(2) One copy must be filed either with
the outgoing cargo manifest (for aircraft required to clear) or with Customs before departing, as provided in
§ 122.133(c).
In both cases, the third copy of the inward stores list shall be filed with the
outgoing stores list. (See § 122.133(c)).
§ 122.137
Certificate of use.
Any liquor or tobacco withdrawn
from the in-bond storeroom and shown
on the outgoing stores list shall be recorded, when exported, on a certificate
of use prepared by the airline.
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Subpart N—Flights to and From
the U.S. Virgin Islands
§ 122.141
Definitions.
Under subpart N, the following definitions apply:
(a) United States. The term ‘‘U.S.’’ includes the several States, the District
of Columbia and Puerto Rico.
(b) Foreign area. The term ‘‘foreign
area’’ means any area other than the
several States, the District of Columbia and Puerto Rico.
§ 122.142 Flights between the U.S. Virgin Islands and a foreign area.
(a) Aircraft arriving in the U.S. Virgin
Islands. Aircraft arriving in the U.S.
Virgin Islands from a place other than
the U.S. are governed by the provisions
of this part which apply to aircraft arriving in the U.S. from a foreign area.
(b) Aircraft leaving the U.S. Virgin Islands. Aircraft leaving the U.S. Virgin
Islands for a place other than the U.S.
are governed by the provisions of this
part that apply to aircraft leaving the
U.S. for a foreign area.
§ 122.143 Flights from the U.S. to the
U.S. Virgin Islands.
(a) In general. Aircraft on flights
from the U.S. to the U.S. Virgin Islands are governed by the provisions of
this part that apply to aircraft on a
flight within the U.S.
(b) Bureau of the Census. When Bureau of the Census regulations (15 CFR
part 30) apply to aircraft carrying merchandise to the U.S. Virgin Islands
from the U.S., permission to depart
must be obtained from the port director. Permission to depart shall not be
given unless:
(1) A complete manifest and Shipper’s Export Declarations as required
by 15 CFR part 30 are filed; or
(2) An incomplete manifest under 15
CFR 30.24 is filed and the complete
manifest and Shipper’s Export Declarations are filed within 7 business days
after departure.
§ 122.144 Flights from the U.S. Virgin
Islands to the U.S.
(a) Aircraft not inspected. This paragraph applies to aircraft departing
from the U.S. Virgin Islands and arriv-
§ 122.144
ing in the U.S., without having been inspected prior to departure.
(1) On departure. Aircraft leaving the
U.S. Virgin Islands for the U.S. are
governed by the provisions of this part
that apply to aircraft leaving the U.S.
for a foreign area.
(2) On arrival. Aircraft departing
from the U.S. Virgin Islands and arriving in the U.S. are governed by the provisions of this part that apply to aircraft arriving in the U.S. from a foreign area.
(b) Supervision. When aircraft are inspected by Customs in the U.S. Virgin
Islands, the port director may order
any supervision found necessary to protect the revenue and enforce the laws
administered by Customs. This includes the collection of duty and taxes
on articles bought in the U.S. Virgin
Islands.
(c) Procedure. When an aircraft that
was inspected in the U.S. Virgin Islands arrives in the U.S. from the U.S.
Virgin Islands, the aircraft commander
must be able to give evidence of the inspection to Customs on request. Evidence of the inspection shall be given
in the following manner:
(1) A certificate on Customs Form
7507 shall be presented for aircraft registered in the U.S.:
(i) Of domestic origin; or
(ii) Of foreign origin, if duty has been
paid and the aircraft is proceeding carrying neither passengers nor cargo, or
with cargo and/or passengers solely
from the U.S. Virgin Islands.
Two copies of the certificate shall be
given to the inspecting Customs officers in the U.S. Virgin Islands by the
aircraft commander. The certificate
shall be marked with the port and date
of inspection, and must be signed by
the inspecting officer. The original of
the certificate must be returned to the
aircraft commander, who must keep
the certificate for a reasonable time
after the end of the flight to the U.S. If
requested, the certificate shall be presented to Customs. The certificate may
be destroyed or disposed of after a reasonable time at the discretion of the
aircraft commander or agent.
(2) A permit to proceed on Customs
Form 7507 shall be presented for aircraft registered in the U.S. which are:
(i) Of foreign origin;
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§ 122.151
19 CFR Ch. I (4–1–12 Edition)
(ii) Not duty paid; and
(iii) Proceeding carrying neither passengers nor cargo.
The permit to proceed, as required by
subpart F of this part, shall be marked
with the port and date of inspection,
and shall be signed by the inspecting
officer in the U.S. Virgin Islands.
(3) A permit to proceed on Customs
Form 7507 shall be presented for aircraft registered in a foreign country
and proceeding carrying neither passengers nor cargo. The permit to proceed, as required under subpart F of
this part, shall be marked with the
port and date of inspection, and shall
be signed by the inspecting officer in
the U.S. Virgin Islands.
(4) A permit to proceed, or other document, shall be filed as required under
subpart I of this part for an aircraft
carrying residue cargo and/or passengers. The permit to proceed shall be
marked with the port and date of inspection, and it must be signed by the
inspecting officer in the U.S. Virgin Islands.
Subpart O—Flights to and From
Cuba
§ 122.151 Definitions.
Under this subpart, the following
definitions apply:
(a) United States. The term ‘‘U.S.’’ includes the several States, the District
of Columbia, the U.S. Virgin Islands,
and Puerto Rico.
(b) Cuba. The term ‘‘Cuba’’ does not
include the Guantanamo Bay Naval
Station.
§ 122.152 Application.
This subpart applies to all aircraft
entering or departing the U.S. to or
from Cuba except public aircraft.
[T.D. 88–12, 53 FR 9292, Mar. 22, 1988, as
amended by T.D. 97–82, 62 FR 51770, Oct. 3,
1997]
§ 122.153 Limitations on airport of
entry or departure.
(a) Aircraft arrival and departure. The
owner or person in command of any
aircraft clearing the United States for
or entering the United States from
Cuba, whether the aircraft is departing
on a temporary sojourn or for export,
must clear or obtain permission to depart from, or enter at, the Miami International Airport, Miami, Florida; the
John F. Kennedy International Airport, Jamaica, New York; the Los Angeles International Airport, Los Angeles, California; or any other airport
that has been approved by CBP pursuant to paragraph (b) of this section,
and must comply with the requirements in this part unless otherwise authorized by the Assistant Commissioner, Office of Field Operations, CBP
Headquarters.
(b) CBP approval of airports of entry
and departure.
(1) Airports eligible to apply. An international airport, landing rights airport, or user fee airport (as defined in
§ 122.1 and described in subpart B of
this part) that is equipped to facilitate
passport control and baggage inspection, and otherwise process international flights and has an Office of
Foreign Assets Control (OFAC) licensed carrier service provider that is
prepared to provide flights between the
airport and Cuba, may request CBP approval to become an airport of entry
and departure for aircraft traveling to
or from Cuba.
(2) Application and approval procedure.
The director of the port authority governing the airport must send a written
request to the Assistant Commissioner,
Office of Field Operations, CBP Headquarters, requesting approval for the
airport to be able to accept aircraft
traveling to or from Cuba. Upon determination that the airport is suitable to
provide such services, CBP will notify
the requestor that the airport has been
approved to accept aircraft traveling to
or from Cuba, and that it may immediately begin to accept such aircraft.
For reference purposes, approved airports will be listed on the CBP Web site
and in updates to paragraph (c) of this
section.
(c) List of airports authorized to accept
aircraft traveling to or from Cuba. For
reference purposes, the following is a
list of airports that have been authorized by CBP to accept aircraft traveling between Cuba and the United
States.
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Location
Name
Jamaica, New York ......
John F. Kennedy International Airport
Los Angeles International Airport
Miami International Airport
Los Angeles, California
Miami, Florida ..............
ralization Service or to a Customs officer acting as an Immigration officer;
(b) The documents required by subpart E of this part.
§ 122.156
[CBP Dec 11–05, 76 FR 5060, Jan. 28, 2011]
§ 122.154 Notice of arrival.
(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 § 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 § 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]
§ 122.155 Document to be presented
upon arrival.
Upon arrival, the aircraft commander
shall present:
(a) A manifest of all passengers on
board, as required by the U.S. Immigration and Naturalization Service
pursuant to 8 CFR 231.1(b), to an officer
of the U.S. Immigration and Natu-
§ 122.161
Release of passengers.
No passengers arriving from Cuba by
aircraft will be released by Customs,
nor will the aircraft be cleared or permitted to depart before the passengers
are released by an officer of the Immigration and Naturalization Service or
by a Customs officer acting on behalf
of that agency.
§ 122.157 Documents
clearance.
required
As a condition precedent to clearance, the aircraft commander shall
present to Customs:
(a) The documents required by Subpart H of this part; and
(b) A validated license issued by the
Department of Commerce, as provided
for in 15 CFR 371.19 or a license issued
by the Department of State, as provided in 22 CFR part 123.
§ 122.158 Other entry and clearance requirements.
All other provisions of this part relating to entry and clearance of aircraft are applicable to aircraft subject
to this subpart.
Subpart P—Public Aircraft
[Reserved]
Subpart Q—Penalties
§ 122.161
In general.
Except as provided in subpart S of
this part, any person who violates any
Customs requirements stated in this
part, or any regulation that applies to
aircraft under § 122.2, is, in addition to
any other applicable penalty, subject
to civil penalty of $5,000 as provided by
19 U.S.C. 1644 and 1644a, except for
overages, and failure to manifest narcotics or marihuana, in which cases the
penalties set forth in section 584, Tariff
Act of 1930, as amended (19 U.S.C. 1584)
apply, or for failure to report arrival or
to present the documents required by
§ 122.27(c) of this part in which cases
the penalties set forth in section 436,
Tariff Act of 1930, as amended (19
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§ 122.162
19 CFR Ch. I (4–1–12 Edition)
U.S.C. 1436) apply, and any aircraft
used in connection with any such violation shall be subject to seizure and forfeiture, as provided for in the Customs
laws. A penalty or forfeiture may be
mitigated under part 171 of this chapter.
[T.D. 91–61, 56 FR 32086, July 15, 1991, as
amended by T.D. 98–74, 63 FR 51289, Sept. 25,
1998]
§ 122.162 Failure to notify and explain
differences in air cargo manifest.
(a) Application. Penalties shall be assessed if differences in an air cargo
manifest (overages or shortages) are
discovered and:
(1) The required notice and explanation are not made in time;
(2) The port director is not satisfied
that the differences were caused by
clerical error or other mistake;
(3) There has been a loss of revenue
to the U.S.; or
(4) The port director is not satisfied
that there was a valid reason for delay
in reporting any differences.
(b) Definition. Under this section,
‘‘clerical error or other mistake’’
means a non-negligent, inadvertant, or
typographical mistake in the preparation, assembly, or submission (electronically or otherwise) of the manifest.
(c) Repeated differences. If repeated
differences are found in manifests filed
by the same person, it may be determined that the differences were a result of negligence and not clerical
error or other mistake.
(d) Knowledge. A penalty may be assessed for differences in a manifest
that are unknown to the aircraft commander or owner.
[T.D. 88–12, 53 FR 9292, Mar. 22, 1988, as
amended by T.D. 99–64, 64 FR 43266, Aug. 10,
1999]
§ 122.163 Transit air cargo traveling to
U.S. ports.
(a) Application. If transit air cargo is
traveling from the port of arrival to
another U.S. port under § 122.119, a liability shall be assessed, as set out in
§ 18.8 of this chapter if there has been:
(1) Shortage in delivery;
(2) Irregular delivery; or
(3) Non-delivery.
(b) Liabilities assessed. The liabilities
assessed under this section are imposed
as liquidated damages under a carrier’s
bond.
(c) Value of merchandise. The port director shall determine the value of
merchandise for assessment purposes
based on the following factors:
(1) Any data or documents available
to the airline which presented a receipt
for the transit air cargo, and available
to the importing airline relating to the
description and value of the cargo; and
(2) Other information available to the
port director relating to the same or
similar merchandise. If the data or
documents required by this section are
not submitted within 90 days of the
date requested, the port director shall
determine value on the basis of other
available information. The transit air
cargo manifest does not reflect value.
§ 122.164 Transportation
port for exportation.
to
another
If transit air cargo is traveling from
the port of arrival to another U.S. port
for later exportation, any liquidated
damages for shortages or irregular delivery shall be assessed as provided in
§ 122.163.
§ 122.165
Air cabotage.
(a) The air cabotage law (49 U.S.C.
41703) prohibits the transportation of
persons, property, or mail for compensation or hire between points of the
U.S. in a foreign civil aircraft. The
term ‘‘foreign civil aircraft’’ includes
all aircraft that are not of U.S. registration except those foreign-registered aircraft leased or chartered to a
U.S. air carrier and operated under the
authority of regulations issued by the
Department of Transportation, as provided for in 14 CFR 121.153, and those
aircraft used exclusively in the service
of any government.
(b) Customs officers detecting possible violations shall report the matter
to Headquarters, Attention: Entry Procedures and Carriers Branch. Liability
should not be assessed under 49 U.S.C.
Chapter 463 pending instructions from
Headquarters since certain limited domestic transportation by foreign civil
aircraft is permitted under regulations
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U.S. Customs and Border Protection, DHS; Treasury
issued by the Department of Transportation.
[T.D. 88–12, 53 FR 9292, Mar. 22, 1988, as
amended by T.D. 98–74, 63 FR 51289, Sept. 25,
1998; T.D. 99–27, 64 FR 13675, Mar. 22, 1999]
§ 122.166 Arrival, departure, discharge,
and documentation.
(a) Liability for civil penalties. Except
as otherwise provided, any aircraft
pilot violation of the requirements of
section 433, Tariff Act of 1930, as
amended, (19 U.S.C. 1433), with respect
to the following actions shall be liable
for civil penalties as provided by section 436, Tariff Act of 1930, as amended
(19 U.S.C. 1436), and described in paragraph (c) of this section:
(1) Advance notification of arrival;
(2) Report of arrival;
(3) Landing of aircraft;
(4) Presentation of documentation;
(5) Departure from the port, place, or
airport of arrival without authorization; or
(6) Discharge of passenger, or merchandise (to include baggage) without
authorization.
(b) Liability for criminal penalties.
Upon conviction, any aircraft pilot violating any of the Customs requirements described in paragraph (a) of
this section shall, in addition to civil
penalties be subject to criminal penalties as set forth in section 436, Tariff
Act of 1930, as amended, (19 U.S.C.
1436), and described in paragraph (c) of
this section. If the aircraft has or is
discovered to have had on board any
merchandise (other than the equivalent, for a vessel, of sea stores) the importation of which into the U.S. is prohibited, that person shall be subject to
an additional fine as set forth in 19
U.S.C. 1436 and described in paragraph
(c) of this section.
(c) Civil and criminal penalties described—(1) Civil penalty. The pilot of
any aircraft who fails to comply with
the requirements of this section is liable for a civil penalty of $5,000 for the
first violation, and $10,000 for each subsequent violation. Any aircraft used in
connection with any such violation is
subject to seizure and forfeiture.
(2) Criminal penalty. In addition to
the civil penalty prescribed for violation of this section, the pilot of any
aircraft who intentionally fails to com-
§ 122.167
ply with the requirements of this section is liable, upon conviction, for a
fine of not more than $2,000 or imprisonment for 1 year, or both. If the aircraft is found to have, or to have had,
on board any merchandise the importation of which is prohibited, such individual is liable for an additional fine of
not more than $10,000 or imprisonment
for not more than 5 years, or both.
(3) Additional civil penalty. If any merchandise, other than the equivalent of
vessel sea stores, is imported or
brought into the U.S. aboard an aircraft which has failed to comply with
the requirements prescribed by this
section, the pilot of the aircraft shall
be liable for a civil penalty equal to
the value of the merchandise, and the
merchandise may be seized and forfeited, unless properly entered by the
importer or consignee.
§ 122.167 Aviation smuggling.
(a) Civil penalties. Any aircraft pilot
who transports, or any person on board
any aircraft who possesses prohibited
or restricted merchandise knowing, or
intending, that the merchandise will be
introduced into the U.S. contrary to
law shall be subject to a civil penalty
of twice the value of the merchandise
involved, but not less than $10,000, as
prescribed in section 590, Tariff Act of
1930, as amended (19 U.S.C. 1590). Any
aircraft used in connection with, or in
aiding or facilitating, any violation of
19 U.S.C. 1590, whether or not any person is charged in connection with such
violation, may be seized and forfeited
in accordance with Customs laws.
(b) Criminal penalties. Any aircraft
pilot or person who intentionally violates 19 U.S.C. 1590 is, upon conviction,
subject to the criminal penalties of a
fine of not more than $10,000 or imprisonment for not more than 5 years, or
both, if none of the merchandise involved is a controlled substance. More
severe penalties are provided in 19
U.S.C. 1590 if the smuggled merchandise is a controlled substance. In such
case, a violator is liable for a fine of
not more than $250,000 or imprisonment
for not more than 20 years, or both.
(c) For purposes of imposing civil
penalties under this section, any of the
following acts, when performed within
250 miles of the territorial sea of the
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§ 122.171
19 CFR Ch. I (4–1–12 Edition)
United States, shall be evidence that
the transportation or possession of
merchandise was unlawful and shall indicate that the purpose of the transfer
was to make it possible for such merchandise, or any part of it, to be introduced into the U.S. unlawfully. For
purposes of seizure and forfeiture, the
following acts shall be evidence that an
aircraft was used in connection with,
or to aid or facilitate, a violation of
this section;
(1) The operation of an aircraft without lights during such times as lights
are required to be displayed under applicable law.
(2) The presence on an aircraft of an
auxiliary fuel tank which is not installed in accordance with applicable
law.
(3) The failure to correctly identify
the aircraft by registration number
and country of registration, when requested to do so by a customs officer or
other government authority.
(4) The external display of false registration numbers or false country of
registration.
(5) The presence on board of
unmanifested merchandise, the importation of which is prohibited or restricted.
(6) The presence on board of controlled substances which are not manifested or which are not accompanied by
the permits or licenses required under
Single Convention on Narcotic Drugs
or other international treaty.
(7) The presence of any compartment
or equipment which is built or fitted
out for smuggling.
Subpart R—Air Carrier Smuggling
Prevention Program
SOURCE: T.D. 91–25, 56 FR 12347, Mar. 25,
1991, unless otherwise noted.
§ 122.171 Description of program.
The Air Carrier Smuggling Prevention Program (ACSPP) is designed to
enlist the cooperation of the air carriers, as defined in 19 U.S.C. 1584 note,
in Customs efforts to prevent the
smuggling of controlled substances. If
carriers develop and implement thorough and complete internal security
procedures at ACSPP designated terminals and foreign departure and inter-
mediate points, the opportunity for
their conveyances being used for transportation of controlled substances will
be greatly reduced. Participation in
the program is voluntary, and may be
limited to specific routes. Should a
controlled substance be introduced into
the United States on a conveyance
owned or operated by a participating
carrier however, the carrier will be exempt from seizure and penalties should
it satisfy the provisions of § 122.175 of
this part. The program will be operational for a period of 2 years from December 18, 1989, pursuant to 19 U.S.C.
1584 note.
§ 122.172 Eligibility.
Any air carrier whose international
flights arrive at, or depart from, any of
the designated test airports, Miami
International
Airport,
Dallas-Fort
Worth International Airport, or Los
Angeles International Airport, is eligible for participation in the ACSPP.
§ 122.173 Application procedures.
(a) Application. An air carrier which
wishes to participate in the ACSPP
shall submit an application to the Assistant Commissioner, Office of Field
Operations, in which it:
(1) Identifies specific routes and designated departure points and ACSPP
airports for which application is made;
(2) Certifies that it has developed and
will continue to maintain standard operating procedures (SOP) which are designed to safeguard the integrity of its
employees, cargo and conveyances. The
application shall be accompanied by
three (3) copies of the SOP developed
by the air carrier.
(b) Approval criteria. Upon receipt,
each application will be reviewed to determine whether the procedures contained therein meet the requirements
of the ACSPP. In determining whether
a SOP submitted by an applicant carrier contains sufficient detail to assure
the proper level of care and diligence
required under the provisions of the
ACSPP, the Assistant Commissioner,
Office of Field Operations, will apply
uniform standards and verify that, at a
minimum, procedures are in place
which:
(1) Assure positive security background checks are performed on all
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U.S. Customs and Border Protection, DHS; Treasury
§ 122.175
carrier employees, both those employed within the United States and
without, who have access to baggage,
cargo or secure areas on participating
routes, to the extent permitted by law;
(2) Assure a system of positive baggage and cargo identification is employed at all terminals used by the carrier;
(3) Assure the carrier employs a system to assure that no unmanifested
cargo is placed on board the conveyance or brought into the United States
on any of their conveyances;
(4) Assure the carrier has specific
procedures through which it will notify
Customs should it discover any
unmanifested or improperly manifested
cargo on any of its conveyances or in
any area subject to its control;
(5) Assure the carrier has an effective
and practical employee awareness
training program in place; and
(6) Assure thorough security measures are implemented at all foreign departure points on ACSPP participating
routes which will assure that the carrier has control and knowledge of the
baggage, cargo, passenger and other
materials placed on board its aircraft.
(c) Acceptance and notification. Upon
verification by Customs that a carrier’s SOP meets all the criteria outlined in § 122.173(b) of this part, the carrier will be notified that its application
to the ACSPP has been accepted. Acceptance into the ACSPP is made with
the understanding and expectation
that the carrier will continue to act
with the highest degree of care and
diligence required under law and that
it will abide by and perform all elements of its approved SOP.
(ii) Maintain total control of all passengers and cargo being discharged
from the aircraft to either the Customs
passenger hall or to the carrier’s cargo
facility;
(iii) Verify that all cargo on aircraft
is properly manifested, marked and
weighed and that piece counts are
properly performed; and
(iv) Maintain physical security of the
aircraft and ramp access to the aircraft
while it is being offloaded.
(2) Provide security personnel at the
foreign point of departure for every
international departure which is participating in ACSPP to conduct the following procedures:
(i) Perform a thorough internal and
external search of the departing aircraft;
(ii) Maintain total control of all passengers and cargo being loaded on the
aircraft from either the passenger terminal or the carrier’s cargo facility;
(iii) Verify that all cargo placed on
the aircraft is properly manifested,
marked and weighed and that piece
counts are properly performed;
(iv) Maintain physical security of the
aircraft and ramp access to the aircraft
while it is being loaded; and
(v) Maintain similar positive security
measures at all foreign intermediate
airports prior to the arrival of the aircraft at an ACSPP designated airport.
(b) U.S. Customs. U.S. Customs will:
(1) Retain all current options available regarding the search and inspection of any and all passengers, cargo
and conveyances; and
(2) Provide training to carrier personnel to assist the development of
proper operational procedures.
[T.D. 91–25, 56 FR 12347, Mar. 25, 1991, as
amended by T.D. 91–77, 56 FR 46115, Sept. 10,
1991]
§ 122.175 Exemption from penalties.
Should a controlled substance be introduced into the United States or discovered aboard an aircraft owned or operated by a participating carrier, or in
cargo carried by a participating carrier, on a route identified by the carrier as one participating in the ACSPP
and which has been approved by Customs, the participating air carrier
shall be considered to have met the
test of highest degree of care and diligence required under law, and shall not
be subject to the penalty or seizure
provisions of the Tariff Act of 1930, as
§ 122.174
Operational procedures.
(a) Participating carriers. Participating carriers are required to develop
and adhere to procedures whereby they
will:
(1) Provide security personnel for
every international arrival participating in the ACSPP to conduct the
following procedures:
(i) Perform a thorough internal and
external search of the arriving aircraft;
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§ 122.176
19 CFR Ch. I (4–1–12 Edition)
amended, if the carrier establishes at
an oral presentation before the port director or his designee, that the carrier
was not grossly negligent nor engaged
in willful misconduct, and that it had
complied with all the provisions of
these regulations.
§ 122.176 Removal from ACSPP.
(a) Grounds for removal from ACSSPP.
The Assistant Commissioner, Office of
Field Operations, may revoke or
supend the privilege of operating as a
member of the ACSPP if:
(1) Acceptance into the program was
gained
through
fraud
or
the
misstatement of a material fact;
(2) The carrier refuses or neglects to
obey any proper order of a Customs officer or any Customs order, rule, or
regulation relative to its cooperation
within the program;
(3) An officer of the carrier or corporation which has been accepted into
the program is convicted of a felony or
misdemeanor involving theft, smuggling, or other theft-connected crime
which was committed in his or her official capacity as an officer of the carrier, or is convicted of any Customs-related crime;
(4) The carrier fails to retain merchandise which has been designated for
examination;
(5) The carrier does not provide secure facilities or properly safeguard
merchandise within its area of control;
or
(6) The carrier fails to observe any of
the procedures which it had set forth in
the SOP which served as the basis for
the carrier’s acceptance into the program; and
(7) The carrier has been notified in
writing that it has been found in noncompliance with a provision of the program and has failed to correct such
noncompliance after having been given
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 purpose 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]
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U.S. Customs and Border Protection, DHS; Treasury
§ 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
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 Cus-
§ 122.182
toms 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
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§ 122.183
19 CFR Ch. I (4–1–12 Edition)
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
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 de-
termined 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 access 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,
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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
or foreign air carriers contrary to established security requirements (49
U.S.C. 46314);
(xii) Destruction of an aircraft or aircraft facility (18 U.S.C. 32);
(xiii) Murder;
(xiv) Assault with intent to murder;
(xv) Espionage;
§ 122.183
(xvi) Sedition;
(xvii) Kidnapping or hostage taking;
(xviii) Treason;
(xix) Rape or aggravated sexual
abuse;
(xx) Unlawful possession, use, sale,
distribution, or manufacture of an explosive or weapon;
(xxi) Extortion;
(xxii) Armed or felony unarmed robbery;
(xxiii) Distribution of, or intent to
distribute, a controlled substance;
(xxiv) Felony arson;
(xxv) Felony involving:
(A) A threat;
(B) Willful destruction of property;
(C) Importation or manufacture of a
controlled substance;
(D) Burglary;
(E) Theft;
(F) Dishonesty, fraud, or misrepresentation;
(G) Possession or distribution of stolen property;
(H) Aggravated assault;
(I) Bribery; or
(J) Illegal possession of a controlled
substance punishable by a maximum
term of imprisonment of more than one
year;
(xxvi) Violence at an airport serving
international civil aviation (18 U.S.C.
37);
(xxvii) Embezzlement;
(xxviii) Perjury;
(xxix) Robbery;
(xxx) Crimes associated with terrorist activities;
(xxxi) Sabotage;
(xxxii) Assault with a deadly weapon;
(xxxiii) Illegal use or possession of
firearms or explosives;
(xxxiv) Any violation of a U.S. immigration law;
(xxxv) Any violation of a Customs
law or any other law administered or
enforced by Customs involving narcotics or controlled substances, commercial fraud, currency or financial
transactions, smuggling, failure to report, or failure to declare;
(xxxvi) Airport security violations;
or
(xxxvii) Conspiracy or attempt to
commit any of the offenses or acts referred to in paragraphs (a)(4)(i) through
(a)(4)(xxxv) of this section;
(5) Denial or suspension of the applicant’s unescorted access authority to a
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§ 122.184
19 CFR Ch. I (4–1–12 Edition)
Security Identification Display Area
(SIDA) pursuant to regulations promulgated by the U.S. Federal Aviation
Administration or other appropriate
government agency; or
(6) Inability of the applicant’s employer or Customs to complete a meaningful background check or investigation of the applicant.
(b) Notification of denial. The port director shall give written notification
to any person whose application for access to the Customs security area has
been denied, fully stating the reasons
for denial and setting forth specific appeal procedures. The employer shall be
notified in writing that the applicant
has been denied access to the area and
that the detailed reasons for the denial
have been furnished to the applicant.
Detailed reasons regarding the denial,
however, shall not be furnished to the
employer by Customs.
(c) Appeal of denial. The denial will be
final unless the applicant files with the
port director a written notice of appeal
within 10 days following receipt of the
notice of denial. The notice of appeal
shall be filed in duplicate and shall set
forth the response of the applicant to
the statement of the port director. The
port director will render his decision
on the appeal to the applicant in writing within 30 calendar days of receipt
of the notice of appeal and, if the application is denied on appeal, the decision
will advise the applicant of the procedures for filing a further appeal pursuant to paragraph (d) of this section.
(d) Further appeal of denial. Where the
application on appeal is denied by the
port director, the applicant may file a
further written notice of appeal with
the director of field operations at the
Customs Management Center having
jurisdiction over the office of the port
director within 10 calendar days of receipt of the port director’s decision on
the appeal. The further notice of appeal
must be filed in duplicate and must set
forth the response of the applicant to
the decision of the port director. The
director of field operations will review
the appeal and render a written decision. The final decision will be trans-
mitted to the port director and served
by him on the applicant.
[T.D. 90–82, 55 FR 42557, Oct. 22, 1990, as
amended by T.D. 02–40, 67 FR 48985, July 29,
2002]
§ 122.184 Change
of
identification;
change in circumstances of employee; additional employer responsibilities.
(a) Change of identification. The Customs access seal may be removed from
the employee by the port director
where, for security reasons, a change in
the nature of the identification card or
other medium on which it appears is
necessary.
(b) Change in circumstances of employee. If, after issuance of a Customs
access seal to an employee, any circumstance arises (for example, an arrest or conviction for a disqualifying
offense) that constitutes a ground for
denial of access to the Customs security area under § 122.183(a) or for revocation or suspension of access to the
Customs security area and surrender of
the
Customs
access
seal
under
§ 122.187(a), the employee must within
24 hours advise the port director in
writing of that change in circumstance. In the case of an arrest or
prosecution for a disqualifying offense
listed in § 122.183(a)(4), the employee
also must within 5 calendar days advise
the port director in writing of the final
disposition of that arrest or prosecution. In addition, if an airport operator
or an aircraft operator suspends an employee’s unescorted access authority to
a Security Identification Display Area
pursuant to regulations promulgated
by the U.S. Federal Aviation Administration or other appropriate government agency and the employee also has
an approved Customs access seal, the
employee must within 24 hours advise
the port director in writing of the fact
of, and basis for, the suspension.
(c) Additional employer responsibilities.
If an employer becomes aware of any
change in the circumstances of its employee as described in paragraph (b) of
this section, the employer must immediately advise the port director of that
fact even though the employee may
have separately reported that fact to
the port director under paragraph (b) of
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U.S. Customs and Border Protection, DHS; Treasury
this section. In addition, each employer must submit to the port director during the first month of each calendar quarter a report setting forth a
current list of all its employees who
have an approved Customs access seal.
The quarterly report must list separately all additions to, and deletions
from, the previous quarterly report.
Moreover, each employer must take
appropriate steps to ensure that an employee uses an approved Customs access seal only in connection with activities relating to his employment.
[T.D. 02–40, 67 FR 48986, July 29, 2002; 67 FR
51928, Aug. 9, 2002]
§ 122.185 Report of loss or theft of Customs access seal.
The loss or theft of an approved Customs access seal must be promptly reported in writing by the employee to
the port director. The Customs access
seal may be replaced, as provided in
§ 122.182(f).
[T.D. 02–40, 67 FR 48986, July 29, 2002]
§ 122.186 Presentation of Customs access seal by other person.
If an approved Customs access seal is
presented by a person other than the
one to whom it was issued, the Customs access seal will be removed and
destroyed. An approved Customs access
seal may be removed from an employee
by any Customs officer designated by
the port director.
[T.D. 02–40, 67 FR 48986, July 29, 2002]
§ 122.187 Revocation or suspension of
access.
(a) Grounds for revocation or suspension of access—(1) General. The port director:
(i) Must immediately revoke or suspend an employee’s access to the Customs security area and demand the immediate surrender of the employee’s
approved Customs access seal for any
ground specified in paragraph (a)(2) of
this section; or
(ii) May propose the revocation or
suspension of an employee’s access to
the Customs security area and the surrender of the employee’s approved Customs access seal whenever, in the judgment of the port director, it appears
for any ground not specified in para-
§ 122.187
graph (a)(2) of this section that continued access might pose an unacceptable
risk to public health, interest or safety, national security, aviation safety,
the revenue, or the security of the
area. In this case the port director will
provide the employee with an opportunity to respond to the notice of proposed action.
(2) Specific grounds. Access to the
Customs security area will be revoked
or suspended, and surrender of an approved Customs access seal will be demanded, in any of the following circumstances:
(i) There is probable cause to believe
that an approved Customs access seal
was obtained through fraud, a material
omission, or the misstatement of a material fact;
(ii) The employee is or has been convicted of, or found not guilty of by reason of insanity, or there is probable
cause to believe that the employee has
committed any act or omission involving, an offense listed in § 122.183(a)(4);
(iii) The employee has been arrested
for, or charged with, an offense listed
in § 122.183(a)(4) and prosecution or
other disposition of the arrest or
charge is pending;
(iv) The employee has engaged in any
other conduct that would constitute a
ground for denial of access to the Customs security area under § 122.183;
(v) The employee permits the approved Customs access seal to be used
by any other person or refuses to openly display or produce it upon the proper demand of a Customs officer;
(vi) The employee uses the approved
Customs access seal in connection with
a matter not related to his employment or not constituting a duty described in the written justification required by § 122.182(c)(1);
(vii) The employee refuses or neglects to obey any proper order of a
Customs officer, or any Customs order,
rule, or regulation;
(viii) For all employees of the bond
holder, if the bond required by
§ 122.182(c) is determined to be insufficient in amount or lacking sufficient
sureties, and a satisfactory new bond
with good and sufficient sureties is not
furnished within a reasonable time;
(ix) The employee no longer requires
access to the Customs security area for
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§ 122.187
19 CFR Ch. I (4–1–12 Edition)
an extended period of time at the airport of issuance because of a change in
duties, termination of employment, or
other reason; or
(x) The employee or employer fails to
provide the notification of a change in
circumstances
as
required
under
§ 122.184(b) or (c) or the employee fails
to report the loss or theft of a Customs
access seal as required under § 122.185.
(b) Notice of revocation or suspension.
The port director will revoke or suspend access to the Customs security
area and demand surrender of the Customs access seal by giving notice of the
revocation or suspension and demand
in writing to the employee, with a copy
of the notice to the employer. The notice will indicate whether the revocation or suspension is effective immediately or is proposed.
(1) Immediate revocation or suspension.
When the revocation or suspension of
access and the surrender of the Customs access seal are effective immediately, the port director will issue a
final notice of revocation or suspension. The port director or his designee
may deny physical access to the Customs security area and may demand
surrender of an approved Customs access seal at any time on an emergency
basis prior to issuance of a final notice
of revocation or suspension whenever
in the judgment of the port director or
his designee an emergency situation involving public health, safety, or security is involved and, in such a case, a
final notice of revocation or suspension
will be issued to the affected employee
within 10 calendar days of the emergency action. A final notice of revocation or suspension will state the specific grounds for the immediate revocation or suspension, direct the employee
to immediately surrender the Customs
access seal if that Customs access seal
has not already been surrendered, and
advise the employee that he may
choose to pursue one of the following
two options:
(i) Submit a new application for an
approved Customs access seal, in accordance with the provisions of
§ 122.182(c), on or after the 180th calendar day following the date of the
final notice of revocation or suspension; or
(ii) File a written administrative appeal of the final notice of revocation or
suspension with the port director in accordance with paragraph (c) of this section within 30 calendar days of the date
of the final notice of revocation or suspension. The appeal may request that a
hearing be held in accordance with
paragraph (d) of this section, and in
that case the appeal also must demonstrate that there is a genuine issue
of fact that is material to the revocation or suspension action.
(2) Proposed revocation or suspension—
(i) Issuance of notice. When the revocation or suspension of access and the
surrender of the Customs access seal is
proposed, the port director will issue a
notice of proposed revocation or suspension. The notice of proposed revocation or suspension will state the specific grounds for the proposed action,
inform the employee that he may continue to have access to the Customs security area and may retain the Customs access seal pending issuance of a
final notice under paragraph (b)(2)(ii)
of this section, and advise the employee that he may file with the port
director a written response addressing
the grounds for the proposed action
within 10 calendar days of the date the
notice of proposed action was received
by the employee. The employee may
respond by accepting responsibility,
explaining extenuating circumstances,
and/or providing rebuttal evidence. The
employee also may ask for a meeting
with the port director or his designee
to discuss the proposed action.
(ii) Final notice—(A) Based on nonresponse. If the employee does not respond to the notice of proposed action,
the port director will issue a final notice of revocation or suspension within
30 calendar days of the date the notice
of proposed action was received by the
employee. The final notice of revocation or suspension will state the specific grounds for the revocation or suspension, direct the employee to immediately surrender the Customs access
seal, and advise the employee that he
may choose to pursue one of the two
options specified in paragraphs (b)(1)(i)
and (ii) of this section.
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(B) Based on response. If the employee
files a timely response, the port director will issue a final determination regarding the status of the employee’s
right of access to the Customs security
area within 30 calendar days of the
date the employee’s response was received by the port director. If this final
determination is adverse to the employee, then the final notice of revocation or suspension will state the specific grounds for the revocation or suspension, direct the employee to immediately surrender the Customs access
seal, and advise the employee that he
may choose to pursue one of the two
options specified in paragraphs (b)(1)(i)
and (ii) of this section.
(c) Appeal procedures—(1) Filing of appeal. The employee may file a written
appeal of the final notice of revocation
or suspension with the port director
within 10 calendar days following receipt of the final notice of revocation
or suspension. The appeal must be filed
in duplicate and must set forth the response of the employee to the statement of the port director. The port director may, in his discretion, allow the
employee additional time to submit
documentation or other information in
support of the appeal.
(2) Action by port director—(i) If a
hearing is requested. If the appeal requests that a hearing be held, the port
director will first review the appeal to
determine whether there is a genuine
issue of fact that is material to the
revocation or suspension action. If a
hearing is required because the port director finds that there is a genuine
issue of fact that is material to the
revocation or suspension action, a
hearing will be held, and a decision on
the appeal will be rendered, in accordance with paragraphs (d) through (f) of
this section. If the port director finds
that there is no genuine issue of fact
that is material to the revocation or
suspension action, no hearing will be
held and the port director will forward
the administrative record as provided
in paragraph (c)(2)(ii) of this section
for the rendering of a decision on the
appeal under paragraph (c)(3) of this
section.
(ii) CMC review. If no hearing is requested or if the port director finds
that a requested hearing is not re-
§ 122.187
quired, following receipt of the appeal
the port director will forward the administrative record to the director of
field operations at the Customs Management Center having jurisdiction
over the office of the port director for
a decision on the appeal. The transmittal of the port director must include a response to any disputed issues
raised in the appeal.
(3) Action by the director. Following
receipt of the administrative record
from the port director, the director of
field operations will render a written
decision on the appeal based on the
record forwarded by the port director.
The decision will be rendered within 30
calendar days of receipt of the record
and will be transmitted to the port director and served by the port director
on the employee. A decision on an appeal rendered under this paragraph will
constitute the final administrative action on the matter.
(d) Hearing. A hearing will be conducted in connection with an appeal of
a final notice of revocation or suspension of access to the Customs security
area only if the affected employee in
writing requests a hearing and demonstrates that there is a genuine issue
of fact that is material to the revocation or suspension action. If a hearing
is required, it must be held before a
hearing officer designated by the Commissioner, or his designee. The employee will be notified of the time and
place of the hearing at least 5 calendar
days before the hearing. The employee
may be represented by counsel at the
revocation or suspension hearing. All
evidence and testimony of witnesses in
the proceeding, including substantiation of charges and the answer to
the charges, must be presented. Both
parties will have the right of
cross’examination.
A
stenographic
record of the proceedings will be made
upon request and a copy furnished to
the employee. At the conclusion of the
proceedings or review of a written appeal, the hearing officer must promptly
transmit all papers and the stenographic record to the director of field
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§ 122.188
19 CFR Ch. I (4–1–12 Edition)
operations, together with the recommendation for final action. If neither the employee nor his attorney appears for a scheduled hearing, the hearing officer must record that fact, accept any appropriate testimony, and
conclude the hearing. The hearing officer must promptly transmit all papers,
together with his recommendations, to
the director of field operations.
(e) Additional written views. Within 10
calendar days after delivery of a copy
of the stenographic record of the hearing to the director of field operations,
either party may submit to the director of field operations additional written views and arguments on matters in
the record. A copy of any submission
will be provided to the other party.
Within 10 calendar days of receipt of
the copy of the submission, the other
party may file a reply with the director
of field operations, and a copy of the
reply will be provided to the other
party. No further submissions will be
accepted.
(f) Decision. After consideration of
the recommendation of the hearing officer and any additional written submissions and replies made under paragraph (e) of this section, the director of
field operations will render a written
decision. The decision will be transmitted to the port director and served
by the port director on the employee. A
decision on an appeal rendered under
this paragraph will constitute the final
administrative action on the matter.
[T.D. 02–40, 67 FR 48986, July 29, 2002; 67 FR
51928, Aug. 9, 2002; 67 FR 54023, Aug. 20, 2002]
§ 122.188 Issuance of temporary Customs access seal.
(a) Conditions for issuance. When an
approved Customs access seal is required under § 122.182(a) of this part and
the port director determines that the
application cannot be administratively
processed in a reasonable period of
time, an employer may, upon written
request, be issued a temporary Customs access seal for his employee. The
employer must satisfy the port director that a hardship would result if the
request is not granted. Surety on the
bond, as required by § 122.182(c), may be
waived in the discretion of the port director but only for the period of the
temporary Customs access seal and its
renewal period.
(b) Validation period. The temporary
Customs access seal shall be valid for a
period of 60 days. The port director
may renew the temporary Customs access seal for additional 30 day periods
where the circumstances under which
the temporary Customs access seal was
originally issued continue to exist. The
temporary Customs access seal shall be
destroyed by the port director when
the permanent approved Customs access seal is issued, or the privileges
granted thereby are withdrawn.
(c) Temporary employees and official
visitors. The provisions of this section
shall also apply to temporary employees and official visitors requiring access to the Customs security area. In
the case of temporary employees, the
Customs access seal shall be valid for a
period of 30 days. In the case of official
visitors, the temporary Customs access
seal shall be valid for the day of
issuance only. Temporary employee
and official visitor Customs access seal
are renewable for periods equal to their
original period of validity.
(d) Revocation of denial and access.
The temporary Customs access seal
may be revoked and access to the Customs security area denied at any time
if the holder of the temporary Customs
access seal refuses or neglects to obey
any proper order of a Customs officer,
or any Customs order, rule, or regulation, or if, in the judgment of the port
director, continuation of the privileges
granted thereby would endanger the
revenue or pose a threat to the Customs security area.
[T.D. 90–82, 55 FR 42557, Oct. 22, 1990, as
amended by T.D. 02–40, 67 FR 48988, July 29,
2002]
§ 122.189
Bond liability.
Any failure on the part of a principal
to comply with the conditions of the
bond required under § 122.182(c), including a failure of an employer to comply
with any requirement applicable to the
employer under this subpart, will constitute a breach of the bond and may
result in a claim for liquidated damages under the bond.
[T.D. 02–40, 67 FR 48988, July 29, 2002]
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U.S. Customs and Border Protection, DHS; Treasury
123.29 Procedure on arrival at port of reentry.
PART 123—CBP RELATIONS WITH
CANADA AND MEXICO
Sec.
123.0
Pt. 123
Subpart D—Shipments in Transit Through
the United States
Scope.
Subpart A—General Provisions
123.1 Report of arrival from Canada or Mexico and permission to proceed.
123.2 Penalty for failure to report arrival or
for proceeding without a permit.
123.3 Inward foreign manifest required.
123.4 Inward foreign manifest forms to be
used.
123.5 Certification and filing of inward foreign manifest.
123.6 Train sheet for arriving railroad
trains.
123.7 Manifest used as an entry for unconditionally free merchandise valued not
over $250.
123.8 Permit or special license to unlade or
lade a vessel or vehicle.
123.9 Explanation of a discrepancy in a
manifest.
123.10 General order merchandise.
123.31
123.32
123.33
123.34
Merchandise in transit.
Manifests.
[Reserved]
Certain vehicle and vessel shipments.
Subpart E—United States and Canada InTransit Truck Procedures
123.41 Truck shipments transiting Canada.
123.42 Truck shipments transiting the
United States.
Subpart F—Commercial Traveler’s Samples
in Transit Through the United States or
Canada
123.51 Commercial samples transported by
automobile through Canada between
ports in the United States.
123.52 Commercial samples transported by
automobile through the United States
between ports in Canada.
Subpart B—International Traffic
Subpart G—Baggage
123.11 Supplies on international trains.
123.12 Entry of foreign locomotives and
equipment in international traffic.
123.13 Foreign repairs to domestic locomotives and other domestic railroad
equipment.
123.14 Entry of foreign-based trucks, busses,
and taxicabs in international traffic.
123.15 Vehicles of foreign origin used between communities of the United States
and Canada or Mexico.
123.16 Entry of returning trucks, busses, or
taxicabs in international traffic.
123.17 Foreign repairs to domestic trucks,
busses, taxicabs and their equipment.
123.18 Equipment and materials for constructing bridges or tunnels between the
United States and Canada or Mexico.
123.61 Baggage arriving in baggage car.
123.62 Baggage in possession of traveler.
123.63 Examination of baggage from Canada
or Mexico.
123.64 Baggage in transit through the
United States between ports in Canada
or in Mexico.
123.65 Domestic baggage transiting Canada
or Mexico between ports in the United
States.
Subpart C—Shipments In Transit Through
Canada or Mexico
123.21 Merchandise in transit.
123.22 In-transit manifest.
123.23 Train sheet for in-transit rail shipments.
123.24 Sealing of conveyances or compartments.
123.25 Certification and disposition of manifests.
123.26 Transshipment of merchandise moving through Canada or Mexico.
123.27 Feeding and watering animals in Canada.
123.28 Merchandise remaining in or exported
to Canada or Mexico.
Subpart H [Reserved]
Subpart I—Miscellaneous Provisions
123.81 Merchandise found in building on the
boundary.
123.82 Treatment of stolen vehicles returned
from Mexico.
Subpart J—Advance Information for Cargo
Arriving by Rail or Truck
123.91 Electronic information for rail cargo
required in advance of arrival.
123.92 Electronic information for truck
cargo required in advance of arrival.
AUTHORITY: 19 U.S.C. 66, 1202 (General Note
3(i), Harmonized Tariff Schedule of the
United States (HTSUS)), 1431, 1433, 1436, 1448,
1624, 2071 note.
Section 123.1 also issued under 19 U.S.C.
1459;
Section 123.2 also issued under 19 U.S.C.
1459;
815
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| File Type | application/pdf |
| File Modified | 2012-06-14 |
| File Created | 2012-06-14 |