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(c) Effect of suspension or revocation. 122.36 Responsibility of aircraft com- Once a suspension or revocation action mander. takes effect, the CES operator must 122.37 Precleared aircraft. cease CES operations. However, when 122.38 Permit and special license to unlade CES operations are suspended or re- and lade. voked and cancelled by Customs, it is the CES operator’s responsibility to Subpart E—Aircraft Entry and Entry Docu- ensure that merchandise already at the ments; Electronic Manifest Require- CES is properly consigned to another ments for Passengers, Crew Members, location for inspection, as directed by and Non-Crew Members Onboard the importer and approved by the port Commercial Aircraft Arriving In, Con- director. tinuing Within, and Overflying the United States [T.D. 96–57, 61 FR 39071, July 26, 1996] 122.41 Aircraft required to enter. PART 122—AIR COMMERCE 122.42 Aircraft entry. 122.43 General declaration. REGULATIONS 122.44 Crew declaration. 122.45 Crew list. Sec. 122.46 Crew purchase list. 122.0 Scope 122.47 Stores list. Subpart A—General Definitions and 122.48 Air cargo manifest. 122.48a Electronic information for air cargo Provisions required in advance of arrival. 122.1 General definitions. 122.49 Correction of air cargo manifest or 122.2 Other Customs laws and regulations. air waybill. 122.3 Availability of forms. 122.49a Electronic manifest requirement for 122.4 English language required. passengers onboard commercial aircraft 122.5 Reproduction of Customs forms. arriving in the United States. 122.49b Electronic manifest requirement for Subpart B—Classes of crew members and non-crew members on- board commercial aircraft arriving in, 122.11 Designation as international . 122.12 Operation of international airports. continuing within, and overflying the 122.13 List of international airports. United States. 122.14 Landing rights airport. 122.49c Master crew member list and master 122.15 User fee airports. non-crew member list requirement for commercial aircraft arriving in, depart- Subpart C—Private Aircraft ing from, continuing within, and over- flying the United States. 122.21 Application. 122.49d Passenger Name Record (PNR) infor- 122.22 Electronic manifest requirement for mation. all individuals onboard private aircraft 122.50 General order merchandise. arriving in and departing from the United States; notice of arrival and de- parture information. Subpart F—International Traffic Permit 122.23 Certain aircraft arriving from areas 122.51 Aircraft of domestic origin registered south of the U.S. in the U.S. 122.24 Landing requirements for certain air- 122.52 Aircraft of foreign origin registered craft arriving from areas south of U.S. 122.25 Exemption from special landing re- in the U.S. quirements. 122.53 Aircraft of foreign registry chartered 122.26 Entry and clearance. or leased to U.S. air carriers. 122.27 Documents required. 122.54 Aircraft of foreign registry. 122.28 Private aircraft taken abroad by U.S. residents. Subpart G—Clearance of Aircraft and 122.29 Arrival fee and overtime services. Permission To Depart 122.30 Other Customs laws and regulations. 122.61 Aircraft required to clear. Subpart D—Landing Requirements 122.62 Aircraft not otherwise required to clear. 122.31 Notice of arrival. 122.63 Scheduled . 122.32 Aircraft required to land. 122.64 Other aircraft. 122.33 Place of first landing. 122.35 Emergency or forced landing. 122.65 Failure to depart.

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122.66 Clearance or permission to depart de- 122.113 Form for transit air cargo manifest nied. procedures. 122.114 Contents. Subpart H—Documents Required for Clear- 122.115 Labeling of cargo. ance and Permission To Depart; Elec- 122.116 Identification of manifest sheets. tronic Manifest Requirements for Pas- 122.117 Requirements for transit air cargo sengers, Crew Members, and Non- transport. Crew Members Onboard Commercial 122.118 Exportation from port of arrival. Aircraft Departing From the United 122.119 Transportation to another U.S. port. States 122.120 Transportation to another port for exportation. 122.71 Aircraft departing with no commer- cial export cargo. Subpart M—Aircraft Liquor Kits 122.72 Aircraft departing with commercial export cargo. 122.131 Application. 122.73 General declaration and air cargo 122.132 Sealing of aircraft liquor kits. manifest. 122.133 Stores list required on arrival. 122.74 Incomplete (pro forma) manifest. 122.134 When does not have in-bond 122.75 Complete manifest. liquor storeroom. 122.75a Electronic manifest requirement for 122.135 When airline has in-bond liquor passengers onboard commercial aircraft storeroom. departing from the United States. 122.75b Electronic manifest requirement for 122.136 Outgoing stores list. crew members and non-crew members on- 122.137 Certificate of use. board commercial aircraft departing from the United States. Subpart N—Flights to and From the U.S. 122.76 Shipper’s Export Declarations and in- Virgin Islands spection certifications. 122.77 Clearance certificate. 122.141 Definitions. 122.78 Entry or withdrawal for exportation 122.142 Flights between the U.S. Virgin Is- or for transportation and exportation. lands and a foreign area. 122.79 Shipments to U.S. possessions. 122.143 Flights from the U.S. to the U.S. 122.80 Verification of statement. Virgin Islands. 122.144 Flights from the U.S. Virgin Islands Subpart I—Procedures for Residue Cargo to the U.S. and Stopover Passengers Subpart O—Flights to and From Cuba 122.81 Application. 122.82 Bond requirements. 122.151 Definitions. 122.83 Forms required. 122.152 Application. 122.84 Intermediate airport. 122.153 Limitations on airport of entry or 122.85 Final airport. departure. 122.86 Substitution of aircraft. 122.154 Notice of arrival. 122.87 Other requirements. 122.88 Aircraft carrying domestic (stopover) 122.155 Document to be presented upon ar- passengers. rival. 122.156 Release of passengers. Subpart J—Transportation in Bond and 122.157 Documents required for clearance. Merchandise in Transit 122.158 Other entry and clearance require- ments. 122.91 Application. 122.92 Procedure at port of origin. Subpart P—Public Aircraft [Reserved] 122.93 Procedure at destination or expor- tation airport. Subpart Q—Penalties 122.94 Certificate of lading for exportation. 122.95 Other provisions. 122.161 In general. 122.162 Failure to notify and explain dif- Subpart K—Accompanied Baggage in ferences in air cargo manifest. Transit 122.163 Transit air cargo traveling to U.S. ports. 122.101 Entry of accompanied baggage. 122.164 Transportation to another port for 122.102 Inspection of baggage in transit. exportation. Subpart L—Transit Air Cargo Manifest 122.165 Air cabotage. (TACM) Procedures 122.166 Arrival, departure, discharge, and documentation. 122.111 Application. 122.167 Aviation smuggling. 122.112 Definitions. 699

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Subpart R—Air Carrier Smuggling Subpart A—General Definitions Prevention Program and Provisions 122.171 Description of program. § 122.1 General definitions. 122.172 Eligibility. 122.173 Application procedures. The following definitions apply in 122.174 Operational procedures. this part, unless otherwise stated: 122.175 Exemption from penalties. (a) Aircraft. An ‘‘aircraft’’ is any de- 122.176 Removal from ACSPP. vice now known, or hereafter invented, used or designed for navigation or Subpart S—Access to Customs Security flight in the air. It does not include Areas hovercraft. (b) Aircraft commander. An ‘‘aircraft 122.181 Definition of Customs security area. commander’’ is any person serving on 122.182 Security provisions. an aircraft who is in charge or has 122.183 Denial of access. command of its operation and naviga- 122.184 Change of identification; change in circumstances of employee; additional tion. employer responsibilities. (c) Agent. An ‘‘agent’’ is any person 122.185 Report of loss or theft of Customs who is authorized to act for or in place access seal. of: 122.186 Presentation of Customs access seal (1) An owner or operator of a sched- by other person. uled airline by written authority; or 122.187 Revocation or suspension of access. (2) An owner or operator of a non- 122.188 Issuance of temporary Customs ac- scheduled airline, by power of attor- cess seal. ney. 122.189 Bond liability. The authority to act shall be in writing AUTHORITY: 5 U.S.C. 301; 19 U.S.C. 58b, 66, and satisfactory to the port director. 1431, 1433, 1436, 1448, 1459, 1590, 1594, 1623, 1624, (d) Commercial aircraft. A ‘‘commercial 1644, 1644a, 2071 note. aircraft’’ is any aircraft transporting Section 122.22 is also issued under 46 U.S.C. passengers and/or cargo for some pay- 60105. ment or other consideration, including Section 122.49a also issued under 8 U.S.C. money or services rendered. 1101, 1221, 19 U.S.C. 1431, 49 U.S.C. 44909. (e) . An inter- Section 122.49b also issued under 8 U.S.C. ‘‘ 1221, 19 U.S.C. 1431, 49 U.S.C. 114, 44909. national airport’’ is any airport des- Section 122.49c also issued under 8 U.S.C. ignated by: 1221, 19 U.S.C. 1431, 49 U.S.C. 114, 44909. (1) The Secretary of the Treasury or Section 122.49d also issued under 49 U.S.C. the Commissioner of Customs as a port 44909(c)(3). of entry for aircraft arriving in the Section 122.75a also issued under 8 U.S.C. U.S. from any place outside thereof and 1221, 19 U.S.C. 1431. for the merchandise carried on such Section 122.75b also issued under 8 U.S.C. aircraft; 1221, 19 U.S.C. 1431, 49 U.S.C. 114. (2) The Attorney General as a port of SOURCE: T.D. 88–12, 53 FR 9292, Mar. 22, entry for aliens arriving on such air- 1988, unless otherwise noted. craft; and (3) The Secretary of Health and § 122.0 Scope. Human Services as a place for quar- (a) Applicability. The regulations in antine inspection. this part relate to the entry and clear- (f) Landing rights airport. A ‘‘landing ance of aircraft and the transportation rights airport’’ is any airport, other of persons and cargo by aircraft, and than an international airport or user are applicable to all air commerce. fee airport, at which flights from a for- eign area are given permission by Cus- (b) Authority of Other Agencies. Noth- toms to land. ing in this part is intended to divest or (g) Preclearance. Preclearance is the diminish authority and operational ‘‘ ’’ examination and inspection of air trav- control that are vested in the FAA or elers and their baggage, at the request any other agency, particularly with re- of an airline, at foreign places where spect to airspace and aircraft safety. Customs personnel are stationed for [CBP Dec. 08-43, 73 FR 68309, Nov. 18, 2008] that purpose. Preclearance may be

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used only for air travelers and their partment of Transportation pursuant baggage, not for merchandise. to 14 CFR parts 201 and 213. (h) Private aircraft. A ‘‘private air- (l) United States. Except when used in craft’’ is any aircraft engaged in a per- another context, ‘‘U.S.’’ means the ter- sonal or business flight to or from the ritory of the several States, the Dis- U.S. which is not: trict of Columbia, and Puerto Rico, in- (1) Carrying passengers and/or cargo cluding the territorial waters and over- for commercial purposes; lying airspace. (2) Leaving the U.S. carrying neither (m) User fee airport. A ‘‘user fee air- passengers nor cargo in order to lade port’’ is an airport so designated by passengers and/or cargo in a foreign Customs. Flights from a foreign area area for commercial purposes; or may be granted permission to land at a user fee airport rather than at an (3) Returning to the U.S. carrying international airport or a landing neither passengers nor cargo in ballast rights airport. An informational listing after leaving with passengers and/or of user fee airports is contained in cargo for commercial purposes; § 122.15. (i) Public aircraft. A ‘‘public aircraft’’, is any aircraft owned by, or under the [T.D. 88–12, 53 FR 9292, Mar. 22, 1988, as complete control and management of amended by T.D. 88–16, 53 FR 10371, Mar. 31, the U.S. government or any of its agen- 1988; T.D. 92–90, 57 FR 43397, Sept. 21, 1992; T.D. 93–66, 58 FR 44130, Aug. 19, 1993] cies, or any aircraft owned by or under the complete control and management § 122.2 Other Customs laws and regu- of any foreign government which ex- lations. empts public aircraft of the U.S. from Except as otherwise provided for in arrival, entry and clearance require- this chapter, and insofar as such laws ments similar to those provided in sub- and regulations are applicable, aircraft part C of this part, but not including arriving or having arrived from or de- any government owned aircraft en- parting for any foreign port or place, gaged in carrying persons or property and the persons and merchandise, in- for commercial purposes. This defini- cluding baggage, carried thereon, shall tion applies if the aircraft is: be subject to the laws and regulations (1) Manned entirely by members of applicable to vessels to the extent that the armed forces or civil service of such laws and regulations are adminis- such government, or by both; tered or enforced by Customs, as pro- (2) Transporting only property of vided in 19 U.S.C. 1644 and 1644a. such government, or passengers trav- eling on official business of such gov- [T.D. 88–12, 53 FR 9292, Mar. 22, 1988, as amended by T.D. 98–74, 63 FR 51288, Sept. 25, ernment; or 1998] (3) Carrying neither passengers nor cargo. § 122.3 Availability of forms. (j) Residue cargo. ‘‘Residue cargo’’ is The forms mentioned in this part any cargo on board an aircraft arriving may be purchased from the director of in the U.S. from a foreign area if the: port of entry. A small quantity of each (1) Final delivery airport in the U.S. form is set aside by port directors for is not the port of arrival; or free distribution and official use. (2) Cargo remains on board the air- craft and travels from port to port in § 122.4 English language required. the U.S., for final delivery in a foreign A translation in the English lan- area. guage shall be attached to the original (k) Scheduled airline. A ‘‘scheduled and each copy of any form or document airline’’ is any individual, partnership, written or printed in a foreign lan- corporation or association: guage. (1) Engaged in air transportation under regular schedules to, over, away § 122.5 Reproduction of Customs from, or within the U.S.; and forms. (2) Holding a Foreign Air Carrier Per- (a) Specifications. Subject to approval mit or a Certificate of Public Conven- by Customs, the forms mentioned in ience and Necessity, issued by the De- this part may be printed by private

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parties if the specified size, wording ar- plied by each airport at a place conven- rangement, style and size of type, and ient to the office space. The loading quality of paper are used. area shall be kept for the use of air- (b) Exceptions. Port directors may ac- craft entering or clearing through the cept privately printed copies of the airport. General Declaration (Customs Form 7507) and air cargo manifest (Customs § 122.12 Operation of international air- Form 7509) which are different from the ports. official forms. The privately printed (a) Entry, clearance and charges. Inter- forms shall include all information re- national airports are open to all air- quired on the official forms. The dif- craft for entry and clearance at no ferences allowed are: charge by Customs. However, charges (1) General Declaration. Customs may be assessed by the airport for com- Form 7507 may be printed in several mercial or private use of the airport. languages, so long as the form includes (b) Servicing of aircraft. When an air- an English version. The instructions on craft enters or clears through an inter- the reverse side of the official form national airport, it shall be promptly may be omitted. serviced by airport personnel solely on (2) Air cargo manifest. Customs Form the basis of order of arrival or readi- 7509 may be changed to allow for addi- ness for departure. Servicing charges tional information used by the airline. imposed by the airport operators shall not be greater than the schedule of Subpart B—Classes of Airports charges in effect at the airport in ques- tion. § 122.11 Designation as international (c) FAA rules; denial of permission to airport. land—(1) Federal Aviation Administra- (a) Procedure. International airports, tion. International airports must follow as defined in § 122.1(e), will be des- and enforce any requirements for air- ignated after due investigation to es- port operations, including airport rules tablish that sufficient need exists in that are set out by the Federal Avia- any port to justify such designation tion Administration in 14 CFR part 91. and to determine the airport best suit- (2) Customs and Border Protection. ed for such purpose. In each case, a spe- CBP, based on security or other risk cific airport will be chosen. Inter- assessments, may limit the locations national airports will be publicly where aircraft entering the United owned, unless circumstances require States from a foreign port or place may otherwise land. Consistent with § 122.32(a) of this (b) Withdrawal of designation. The des- Title, CBP has the authority to deny ignation as an international airport aircraft permission to land in the may be withdrawn for any of the fol- United States, based upon security or lowing reasons: other risk assessments. (1) The amount of business clearing (3) Commercial aircraft. Permission to through the airport does not justify land at an international airport may be maintenance of inspection equipment denied to a commercial aircraft if ad- and personnel; vance electronic information for in- (2) Proper facilities are not provided coming foreign cargo aboard the air- or maintained by the airport; craft has not been received as provided (3) The rules and regulations of the in § 122.48a except in the case of emer- Federal Government are not followed; gency or forced landings. or (4) Private Aircraft. Permission to (4) Some other location would be land at an international airport will be more useful. denied if the pilot of a private aircraft (c) Providing office space to the Federal arriving from a foreign port or place Government. Each international airport fails to submit an electronic manifest shall provide, without cost to the Fed- and notice of arrival pursuant to eral Government, proper office and § 122.22, except in the case of emergency other space for the sole use of Federal or forced landings. officials working at the airport. A suit- (d) Additional requirements. Additional able paved loading area shall be sup- requirements may be put into effect at

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a particular airport as the needs of the Minot, N.Dak.—Minot International Airport Customs port served by the airport de- Nogales, Ariz.—Nogales International Air- mand. port Ogdensburg, N.Y.—Ogdensburg Harbor [T.D. 88–12, 53 FR 9292, Mar. 22, 1988, as Ogdensburg, N.Y.—Ogdensburg International amended by CBP Dec. 03–32, 68 FR 68170, Dec. Airport 5, 2003; CBP Dec. 08-43, 73 FR 68309, Nov. 18, Oroville, Wash.—Dorothy Scott Airport 2008] Oroville, Wash.—Dorothy Scott Seaplane Base § 122.13 List of international airports. Pembina, N.Dak.—Pembina Municipal Air- port The following is a list of inter- Port Huron, Mich.—St. Clair County Inter- national airports of entry designated national Airport by the Secretary of the Treasury. Port Townsend, Wash.—Jefferson County International Airport Location and Name Ranier, Minn.—Ranier Internatioal Seaplane Albany, N.Y.—Albany County Airport Base Baudette, Minn.—Baudette International Rochester, N.Y.—Rochester-Monroe County Airport Airport Bellingham, Wash.—Bellingham Inter- Rouses Point, N.Y.—Rouses Point Seaplane national Airport Base Brownsville, Tex.—Brownsville International San Diego, Calif.—San Diego International Airport Airport (Lindbergh Field) Burlington, Vt.—Burlington International Sandusky, Ohio—Griffing-Sandusky Airport Airport Sault Ste. Marie, Mich.—Sault Ste. Marie Calexico, Calif.—Calexico International Air- City-County Airport port Seattle, Wash.—King County International Caribou, Maine—Caribou Municipal Airport Airport Chicago, Ill.—Midway Airport Seattle, Wash.—Lake Union Air Service Cleveland, Ohio—Cleveland Hopkins Inter- (Seaplanes) national Airport Tampa, Fla.—Tampa International Airport Cut Bank, Mont.—Cut Bank Airport Tucson, Ariz.—Tucson International Airport Del Rio, Tex.—Del Rio International Airport Watertown, N.Y.—Watertown New York Detroit, Mich.—Detroit City Airport International Airport Detroit, Mich.—Detroit Metropolitan Wayne West Palm Beach, Fla.—Palm Beach Inter- County Airport national Airport Douglas, Ariz.—Bisbee-Douglas International Williston, N. Dak.—Sloulin Field Inter- Airport national Airport Duluth, Minn.—Duluth International Airport Wrangell, Alaska—Wrangell Seaplane Base Duluth, Minn.—Sky Harbor Airport Yuma, Ariz.—Yuma International Airport El Paso, Tex.—El Paso International Airport [T.D. 88–12, 53 FR 9292, Mar. 22, 1988, as Fort Lauderdale, Fla.—Fort Lauderdale-Hol- amended by T.D. 96–44, 61 FR 25778, May 23, lywood International Airport 1996; T.D. 99–40, 64 FR 18566, Apr. 15, 1999] Friday Harbor, Wash.—Friday Harbor Sea- plane Base § 122.14 Landing rights airport. Grand Forks, N. Dak.—Grand Forks Inter- national Airport (a) Permission to land. Permission to Great Falls, Mont.—Great Falls Inter- land at a landing rights airport may be national Airport given as follows: Havre, Mont.—Havre City-County Airport (1) Scheduled flight. The scheduled Houlton, Maine—Houlton International Air- aircraft of a scheduled airline may be port allowed to land at a landing rights air- International Falls, Minn.—Falls Inter- port. Permission is given by the direc- national Airport Juneau, Alaska—Juneau Municipal Airport tor of the port, or his representative, Juneau, Alaska—Juneau Harbor Seaplane at the port nearest to which first land- Base ing is made. Ketchikan, Alaska—Ketchikan Harbor Sea- (i) Additional flights, charters or plane Base changes in schedule—Scheduled aircraft. Key West, Fla.—Key West International Air- If a new carrier plans to set up a new port flight schedule, or an established car- Laredo, Tex.—Laredo International Airport rier makes changes in its approved Massena, N.Y.—Richards Field Maverick, Tex.—Maverick County Airport schedule, landing rights may be grant- McAllen, Tex.—Miller International Airport ed by the port director. Miami, Fla.—Chalk Seaplane Base (ii) Additional or charter flight. If a Miami, Fla.—Miami International Airport carrier or charter operator wants to

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begin operating or to add flights, appli- sioner, Office of Field Operations, cation must be made to the port direc- Headquarters. tor for landing rights. All requests (6) Emergency or forced landing. Per- must be made not less than 48 hours be- mission to land is not required for an fore the intended time of arrival, ex- emergency or forced landing (covered cept in emergencies. If the request is under § 122.35). oral, it must be put in writing before or (b) Payment of expenses. In the case of at the time of arrival. an arrival at a location outside the (2) Private aircraft. The pilots of pri- limits of a port of entry, the owner, op- vate aircraft are required to secure per- erator or person in charge of the air- mission to land from CBP following craft must pay any added charges for transmission of the advance notice of inspecting the aircraft, passengers, em- arrival via an electronic data inter- ployees and merchandise when landing change system approved by CBP, pur- rights are given (see §§ 24.17 and 24.22(e) suant to § 122.22. Prior to departure as of this chapter). defined in § 122.22(a), from a foreign (c) Payment of expenses. In the case of port or place, the pilot of a private air- craft must receive a message from CBP an arrival at a location outside the that landing rights have been granted limits of a port of entry, the owner, op- for that aircraft at a particular air- erator or person in charge of the air- port. craft shall pay any added charges for (3) Other aircraft. Following advance inspecting the aircraft, passengers, em- notice of arrival pursuant to § 122.31, all ployees and merchandise when landing other aircraft may be allowed to land rights are given (see § § 24.17 and 24.22(e) at a landing rights airport by the direc- of this chapter). tor of the port of entry or station near- (d) Denial or withdrawal of landing est the first place of landing. rights. Permission to land at a landing (4) Denial or withdrawal of landing rights airport may be denied or with- rights. Permission to land at a landing drawn for any of the following reasons: rights airport may be denied or perma- (1) Appropriate and/or sufficient Fed- nently or temporarily withdrawn for eral Government personnel are not any of the following reasons: available; (i) Appropriate and/or sufficient Fed- (2) Proper inspectional facilities or eral Government personnel are not equipment are not available at, or available; maintained by, the requested airport; (ii) Proper inspectional facilities or (3) The entity requesting services has equipment are not available at, or failed to abide by appropriate instruc- maintained by, the requested airport; tions of a Customs officer; (iii) The entity requesting the land- (4) Advance cargo information has ing rights has a history of failing to not been received as provided in abide by appropriate instructions given § 122.48a; by a CBP officer; (5) Other reasonable grounds exist to (iv) Reasonable grounds exist to be- believe that Federal rules and regula- lieve that applicable Federal rules and tions pertaining to safety, including regulations pertaining to safety, in- cargo safety and security, and Cus- cluding cargo safety and security, CBP, toms, or other inspectional activities or other inspectional activities may not be adhered to; or have not been followed; or (v) CBP has deemed it necessary to (6) The granting of the requested deny landing rights to an aircraft. landing rights would not be in the best (5) Appeal of denial or withdrawal of interests of the Government. landing rights for commercial scheduled (e) Appeal of denial or withdrawal. In aircraft as defined in section 122.1(d). In the event landing rights are denied or the event landing rights are denied or withdrawn by the port director, a writ- subsequently permanently withdrawn ten appeal of the decision may be made by CBP, within 30 days of such deci- sion, the affected party may file a writ- ten appeal with the Assistant Commis-

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to the Assistant Commissioner, Office Location Name of Field Operations, Headquarters. Rochester, Min- Rochester International Airport. [T.D. 88–12, 53 FR 9292, Mar. 22, 1988. Redesig- nesota. nated and amended by T.D. 92–90, 57 FR 43397, Rogers, Arkansas .. Rogers Municipal Airport. Sept. 21, 1992; T.D. 95–77, 60 FR 50020, Sept. 27, St. Augustine, Flor- St. Augustine Airport. ida. 1995; T.D. 99–27, 64 FR 13675, Mar. 22, 1999; San Bernardino, San Bernardino International Airport. CBP Dec. 03–32, 68 FR 68170, Dec. 5, 2003; CBP California. Dec. 08-43, 73 FR 68309, Nov. 18, 2008] San Antonio, Texas Kelly Field Annex. Sarasota, Florida.... Sarasota/Bradenton International Air- § 122.15 User fee airports. port. Scottsdale, Arizona Scottsdale Airport. (a) Permission to land. The procedures Sugar Land, Texas Sugar Land Regional Airport. for obtaining permission to land at a Trenton, New Jer- Trenton Mercer Airport. user fee airport are the same proce- sey. Victorville, California Southern California Logistics Airport. dures as those set forth in § 122.14 for Waterford, Michigan Oakland County International Airport. landing rights airports. Waukegan, Illinois .. Waukegan Regional Airport. (b) List of user fee airports. The fol- West Chicago, Illi- Dupage County Airport. nois. lowing is a list of user fee airports des- Wheeling, Illinois .... Chicago Executive Airport. ignated by the Commissioner of Cus- Yoder, Indiana ...... Fort Wayne International Airport. toms in accordance with 19 U.S.C. 58b. Ypsilanti, Michigan Willow Run Airport. The list is subject to change without notice. Information concerning service (c) Withdrawal of designation. The des- at any user fee airport can be obtained ignation as a user fee airport shall be by calling the airport or its authority withdrawn under either of the fol- directly. lowing circumstances: (1) If either Customs or the airport Location Name authority gives 120 days written notice of termination to the other party; or Addison, Texas ...... Addison Airport. Ardmore, Oklahoma Ardmore Industrial Airpark. (2) If any amounts due to be paid to Bakersfield, Cali- Meadows Field Airport. Customs are not paid on a timely basis. fornia. Bedford, Massachu- L.G. Hanscom Field. [T.D. 92–90, 57 FR 43397] setts. Broomfield, Colo- Jefferson County Airport. EDITORIAL NOTE: For FEDERAL REGISTER ci- rado. tations affecting § 122.15, see the List of CFR Carlsbad, California McClellan-Palomar Airport. Sections Affected, which appears in the Daytona Beach, Daytona Beach International Airport. Finding Aids section of the printed volume Florida. and at www.fdsys.gov. Decatur, Illinois ...... Decatur Airport. Egg Harbor Town- Atlantic City International Airport. ship, New Jersey. Subpart C—Private Aircraft Englewood, Colo- Centennial Airport. rado. § 122.21 Application. Fort Worth, Texas .. Fort Worth Alliance Airport. Fresno, California ... Fresno Yosemite International Airport. This subpart applies to all private Gypsum, Colorado Eagle County Regional Airport. aircraft as defined in § 122.1(h). No Harlingen, Texas .... Valley International Airport. Hillsboro, Oregon ... Hillsboro Airport. other provisions of this part apply to Johnson City, New Binghamton Regional Airport. private aircraft, except where stated in York. this subpart. Lansing, Michigan .. Capital Region International Airport. Leesburg, Florida ... Leesburg Regional Airport. Lexington, Kentucky Blue Grass Airport. § 122.22 Electronic manifest require- Manchester, New Manchester Airport. ment for all individuals onboard Hampshire. private aircraft arriving in and de- Mascoutah, Illinois MidAmerica St. Louis Airport. parting from the United States; no- McKinney, Texas ... Collin County Regional Airport. tice of arrival and departure infor- Melbourne, Florida Melbourne Airport. mation. Mesa, Arizona ...... Williams Gateway Airport. Midland, Texas ...... Midland International Airport. (a) Definitions. For purposes of this Morristown, New Morristown Municipal Airport. section: Jersey. Departure. Departure means the Moses Lake, Wash- Grant County International Airport. ‘‘ ’’ ington. point at which the aircraft is airborne Myrtle Beach, South Myrtle Beach International Airport. and the aircraft is en route directly to Carolina. its destination. Orlando, Florida ..... Orlando Executive Airport. Palm Springs, Cali- Palm Springs International Airport. Departure Information. ‘‘Departure In- fornia. formation’’ refers to the data elements

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that are required to be electronically the transmission and the cir- submitted to CBP pursuant to para- cumstances of the emergency situa- graph (c)(4) of this section. tion. Pilot. ‘‘Pilot’’ means the individual(s) (3) Manifest data required. For private responsible for operation of an aircraft aircraft arriving in the United States while in flight. the following identifying information . ‘‘Travel Document’’ for each individual onboard the aircraft means U.S. Department of Homeland must be submitted: Security approved travel documents. (i) Full name (last, first, and, if United States. ‘‘United States’’ means available, middle); the continental United States, Alaska, (ii) Date of birth; Hawaii, Puerto Rico, the Virgin Islands (iii) Gender (F=female; M=male); of the United States, Guam and the (iv) Citizenship; Commonwealth of the Northern Mar- (v) Country of residence; iana Islands. (vi) Status on board the aircraft; (b) Electronic manifest requirement for (vii) DHS-Approved travel document all individuals onboard private aircraft type (e.g. ; alien registration arriving in the U.S.; notice of arrival—(1) card, etc.); General requirement. The private air- (viii) DHS-Approved travel document craft pilot is responsible for ensuring number, if a DHS-approved travel docu- the notice of arrival and manifest in- ment is required; formation regarding each individual (ix) DHS-Approved travel document onboard the aircraft are transmitted to country of issuance; if a DHS-approved CBP. The pilot is responsible for the travel document is required; submission, accuracy, correctness, (x) DHS-Approved travel document timeliness, and completeness of the expiration date, where applicable; submitted information, but may au- (xi) Alien registration number, where thorize another party to submit the in- applicable; formation on their behalf. Except as provided in paragraph (b)(7) of this sec- (xii) Address while in the United tion, all data must be transmitted to States (number and street, city, state, CBP by means of an electronic data and zip code). This information is re- interchange system approved by CBP quired for all travelers including crew and must set forth the information onboard the aircraft. specified in this section. All data per- (4) Notice of arrival. The advance no- taining to the notice of arrival for the tice of arrival must include the fol- aircraft and the manifest data regard- lowing information about the aircraft ing each individual onboard the air- and where applicable, the pilot: craft must be transmitted at the same (i) Aircraft tail number; time via an electronic data inter- (ii) Type of Aircraft; change system approved by CBP. (iii) Call sign (if available); (2) Time for submission. The private (iv) CBP issued decal number (if is responsible for ensur- available); ing that the information specified in (v) Place of last departure (ICAO air- paragraphs (b)(3) and (b)(4) of this sec- port code, when available); tion is transmitted to CBP: (vi) Date of aircraft arrival; (i) For flights originally destined for (vii) Estimated time of arrival; the United States, any time prior to (viii) Estimated time and location of departure of the aircraft, but no later crossing U.S. border/coastline; than 60 minutes prior to departure of (ix) Name of intended U.S. airport of the aircraft from the foreign port or first landing (as listed in § 122.24 if ap- place; or plicable, unless an exemption has been (ii) For flights not originally des- granted under § 122.25, or the aircraft tined to the United States, but di- was inspected by CBP Officers in the verted to a U.S. port due to an emer- U.S. Virgin Islands); gency, no later than 30 minutes prior (x) Owner/Lessees name (if indi- to arrival; in cases of non-compliance, vidual: Last, first, and, if available, CBP will take into consideration that middle; or business entity name, if ap- the carrier was not equipped to make plicable);

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(xi) Owner/Lessees address (number rival location, to an already trans- and street, city, state, zip/postal code, mitted manifest may be submitted country, telephone number, fax num- telephonically, by radio, or through ex- ber, and email address); isting processes and procedures. On a (xii) Pilot/Private aircraft pilot name limited case-by-case basis, CBP may (last, first, middle, if available); permit a pilot to submit or update no- (xiii) Pilot license number; tice of arrival and arrival/departure (xiv) Pilot street address (number manifest information telephonically and street, city, state, zip/postal code, when unforeseen circumstances pre- country, telephone number, fax num- clude submission of the information ber, and email address); via eAPIS. Under such circumstances, (xv) Country of issuance of pilot’s li- CBP will manually enter the notice of cense; arrival and arrival/departure manifest (xvi) Operator name (for individuals: information provided by the pilot and last, first, and if available, middle; or the pilot is required to wait for CBP business entity name, if applicable); screening and approval to depart. (xvii) Operator street address (num- Changes in ETA and arrival location ber and street, city, state, zip code, must be coordinated with CBP at the country, telephone number, fax num- new arrival location to ensure that re- ber, and e-mail address); sources are available to inspect the ar- (xviii) Aircraft color(s); riving aircraft. If a subsequent mani- (xix) Complete Itinerary (foreign air- fest is submitted less than 60 minutes ports landed at within past 24 hours prior to departure to the United prior to landing in United States); and States, the private aircraft pilot must (xx) 24-hour Emergency point of con- receive approval from CBP for the tact (e.g., broker, dispatcher, repair amended manifest containing added shop, or other third party contact or passenger information and/or changes individual who is knowledgeable about to information that were submitted re- this particular flight) name (first, last, garding the aircraft and all individuals middle, if available) and phone number. onboard the aircraft, before the air- (5) Reliable facilities. When reliable craft is allowed to depart the foreign means for giving notice are not avail- able (for example, when departure is location, or the aircraft may be, as ap- from a remote place) a landing must be propriate, diverted from arriving in the made at a foreign place where notice United States, or denied permission to can be sent prior to coming into the land in the United States. If a subse- United States. quent, amended manifest is submitted (6) Permission to land. Prior to depar- by the pilot, any approval to depart the ture from the foreign port or place, the foreign port or location previously pilot of a private aircraft must receive granted by CBP as a result of the origi- a message from DHS approving landing nal manifest’s submission is invalid. within the United States, and follow (8) Pilot responsibility for comparing in- any instructions contained therein formation collected with travel document. prior to departure. Once DHS has ap- The pilot collecting the information proved departure, and the pilot has ex- described in paragraphs (b)(3) and (b)(4) ecuted all instructions issued by DHS, of this section is responsible for com- the aircraft is free to depart with the paring the travel document presented intent of landing at the designated U.S. by each individual to be transported port of entry. onboard the aircraft with the travel (7) Changes to manifest. The private document information he or she is aircraft pilot is obligated to make nec- transmitting to CBP in accordance essary changes to the arrival manifest with this section in order to ensure after transmission of the manifest to that the information is correct, the CBP. If changes to an already trans- document appears to be valid for travel mitted manifest are necessary, an up- purposes, and the individual is the per- dated and amended manifest must be son to whom the travel document was resubmitted to CBP. Only amendments issued. regarding flight cancellation, expected (c) Electronic manifest requirement for time of arrival (ETA) or changes in ar- all individuals onboard private aircraft

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departing from the United States; depar- (ix) DHS-Approved travel document ture information—(1) General require- country of issuance, if a DHS-Approved ment. The private aircraft pilot is re- travel document is required; sponsible for ensuring that information (x) DHS-approved travel document regarding private aircraft departing expiration date, where applicable; the United States, and manifest data (xi) Alien registration number, where for all individuals onboard the aircraft applicable; is timely transmitted to CBP. The (xii) Address while in the United pilot is responsible for the accuracy, States (number and street, city, state, correctness, timeliness, and complete- and zip/postal code). This information ness of the submitted information, but is required for all travelers including may authorize another party to submit crew onboard the aircraft. the information on their behalf. Data (4) Notice of Departure information. must be transmitted to CBP by means For private aircraft and pilots depart- of an electronic data interchange sys- ing the United States, the following de- tem approved by CBP, and must set parture information must be submitted by the pilot: forth the information specified in para- (i) Aircraft tail number; graph (c)(3) and (c)(4) of this section. (ii) Type of Aircraft; All data pertaining to the aircraft, and (iii) Call sign (if available); all individuals onboard the aircraft (iv) CBP issued decal number (if must be transmitted at the same time. available); On a limited case-by-case basis, CBP (v) Place of last departure (ICAO air- may permit a pilot to submit or update port code, when available); notice of arrival and arrival/departure (vi) Date of aircraft departure; manifest information telephonically to (vii) Estimated time of departure; CBP when unforeseen circumstances (viii) Estimated time and location of preclude submission of the information crossing U.S. border/coastline; via eAPIS. Under such circumstances, (ix) Name of intended foreign airport CBP will manually enter the notice of of first landing (ICAO airport code, arrival and arrival/departure manifest when available); information provided by the pilot and (x) Owner/Lessees name (if indi- the pilot is required to wait for CBP vidual: last, first, and, if available, screening and approval to depart. middle; or business entity name if ap- (2) Time for submission. The private plicable); aircraft pilot must transmit the elec- (xi) Owner/Lessees street address tronic data required under paragraphs (number and street, city, state, zip/ (c)(3) and (c)(4) of this section to CBP postal code, country, telephone num- any time prior to departing the United ber, fax number, and email address); States, but no later than 60 minutes (xii) Pilot/Private aircraft pilot name prior to departing the United States. (last, first and, if available, middle); (3) Manifest data required. For private (xiii) Pilot license number; aircraft departing the United States (xiv) Pilot street address (number the following identifying information and street, city, state, zip/postal code, for each individual onboard the aircraft country, telephone number, fax num- must be submitted: ber, and email address); (i) Full name (last, first, and, if (xv) Country of issuance of pilot’s li- available, middle); cense; (ii) Date of birth; (xvi) Operator name (if individual: last, first, and if available, middle; or (iii) Gender (F=female; M=male); business entity name, if applicable); (iv) Citizenship; (xvii) Operator street address (num- (v) Country of residence; ber and street, city, state, zip/postal (vi) Status on board the aircraft; code, country, telephone number, fax (vii) DHS-Approved travel document number, and email address); type (e.g. passport; alien registration (xviii) 24-hour Emergency point of card, etc.); contact (e.g., broker, dispatcher, repair (viii) DHS-Approved travel document shop, or other third party contact, or number; individual who is knowledgeable about

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this particular flight) name (last, first, son to whom the travel document was middle, if available) and phone number; issued. (xix) Aircraft color(s); and [CBP Dec. 08-43, 73 FR 68310, Nov. 18, 2008] (xx) Complete itinerary (intended foreign airport destinations for 24 § 122.23 Certain aircraft arriving from hours following departure). areas south of the U.S. (5) Permission to depart. Prior to de- (a) Application. (1) This section sets parture for a foreign port or place, the forth particular requirements for cer- pilot of a private aircraft must receive tain aircraft arriving from south of the a message from DHS approving depar- United States. This section is applica- ture from the United States and follow ble to all aircraft except: any instructions contained therein. (i) Public aircraft; Once DHS has approved departure, and (ii) Those aircraft operated on a regu- the pilot has executed all instructions larly published schedule, pursuant to a issued by DHS, the aircraft is free to certificate of public convenience and depart. necessity or foreign aircraft permit issued by the Department of Transpor- (6) Changes to manifest. If any of the tation, authorizing interstate, overseas data elements change after the mani- air transportation; and fest is transmitted, the private aircraft (iii) Those aircraft with a seating ca- pilot must update the manifest and re- pacity of more than 30 passenges or a submit the amended manifest to CBP. maximum payload capacity of more Only amendments regarding flight can- than 7,500 pounds which are engaged in cellation, expected time of departure air transportation for compensation or or changes in departure location, to an hire on demand. (See 49 U.S.C. App. already transmitted manifest may be 1372 and 14 CFR part 298). submitted telephonically, by radio, or (2) The term ‘‘place’’ as used in this through existing processes and proce- section means anywhere outside of the dures. If an amended manifest is sub- inner boundary of the Atlantic (Coast- mitted less than 60 minutes prior to de- al) Air Defense Identification Zone parture, the private aircraft pilot must (ADIZ) south of 30 degrees north lati- receive approval from CBP for the tude, anywhere outside of the inner amended manifest containing added boundary of the Gulf of Mexico (Coast- passenger information and/or changes al) ADIZ, or anywhere outside of the to information that were submitted re- inner boundary of the Pacific (Coastal) garding the aircraft before the aircraft ADIZ south of 33 degrees north lati- is allowed to depart the U.S. location, tude. or the aircraft may be denied clearance (b) Notice of arrival. All aircraft to which this section applies arriving in to depart from the United States. If a the Continental United States via the subsequent amended manifest is sub- U.S./Mexican border or the Pacific mitted by the pilot, any clearance pre- Coast from a foreign place in the West- viously granted by CBP as a result of ern Hemisphere south of 33 degrees the original manifest’s submission is north latitude, or from the Gulf of invalid. Mexico and Atlantic Coasts from a (7) Pilot responsibility for comparing in- place in the Western Hemisphere south formation collected with travel document. of 30 degrees north latitude, from any The pilot collecting the information place in Mexico, from the U.S. Virgin described in paragraphs (c)(3) and (c)(4) Islands, or [notwithstanding the defini- of this section is responsible for com- tion of ‘‘United States’’ in § 122.1(l)] paring the travel document presented from Puerto Rico, must furnish a no- by each individual to be transported tice of intended arrival. Private air- onboard the aircraft with the travel craft must transmit an advance notice document information he or she is of arrival as set forth in § 122.22 of this transmitting to CBP in accordance part. Other than private aircraft, all with this section in order to ensure aircraft to which this section applies that the information is correct, the must communicate to CBP notice of document appears to be valid for travel arrival at least one hour before cross- purposes, and the individual is the per- ing the U.S. coastline. Such notice

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must be communicated to CBP by tele- port to the border or coastline crossing phone, radio, other method or the Fed- point as listed in this paragraph unless eral Aviation Administration in ac- exempted from this requirement in ac- cordance with paragraph (c) of this sec- cordance with § 122.25. In addition to tion. the requirements of this section, pri- (c) Contents of notice. The advance no- vate aircraft commanders must comply tice of arrival shall include the fol- with all other landing and notice of ar- lowing: rival requirements. This requirement (1) Aircraft registration number; shall not apply to private aircraft (2) Name of aircraft commander; which have not landed in foreign terri- (3) Number of U.S. citizen passengers; tory or are arriving directly from Puer- (4) Number of alien passengers; to Rico or if the aircraft was inspected (5) Place of last departure; by Customs officers in the U.S. Virgin (6) Estimated time and location of Islands. crossing U.S. border/coastline; (7) Estimated time of arrival; Location Name (8) Name of intended U.S. airport of Beaumont, Tex .... Jefferson County Airport. first landing, as listed in § 122.24, unless Brownsville, Tex .. Brownsville International Airport. an exemption has been granted under Calexico, Calif ...... Calexico International Airport. Corpus Christi, Corpus Christi International Airport. § 122.25, or the aircraft has not landed Tex. in foreign territory or is arriving di- Del Rio, Tex ...... Del Rio International Airport. rectly from Puerto Rico, or the aircraft Douglas, Ariz ...... Bisbee-Douglas International Airport. Douglas, Ariz ...... Douglas Municipal Airport. was inspected by Customs officers in Eagle Pass, Tex .. Eagle Pass Municipal Airport. the U.S. Virgin Islands. El Paso, Tex ...... El Paso International Airport. Fort Lauderdale, Fort Lauderdale Executive Airport. [T.D. 88–12, 53 FR 9292, Mar. 22, 1988, as Fla. amended at CBP Dec. 08-43, 73 FR 68312, Nov. Fort Lauderdale, Fort Lauderdale-Hollywood International 18, 2008] Fla. Airport. Fort Pierce, Fla .... St. Lucie County Airport. § 122.24 Landing requirements for cer- Houston, Tex ...... William P. Hobby Airport. Key West, Fla ...... Key West International Airport. tain aircraft arriving from areas Laredo, Tex ...... Laredo International Airport. south of U.S. McAllen, Tex ...... Miller International Airport. (a) In general. Certain aircraft arriv- Miami, Fla ...... Miami International Airport. Miami, Fla ...... Opa-Locka Airport. ing from areas south of the United Miami, Fla ...... Tamiami Airport. States that are subject to § 122.23 are Midland, TX ...... Midland International Airport. required to furnish a notice of intended New Orleans, La.. New Orleans International Airport (Moissant Field). arrival in compliance with § 122.23. Sub- New Orleans, La .. New Orleans Lakefront Airport. ject aircraft must land for CBP proc- Nogales, Ariz ...... Nogales International Airport. essing at the nearest designated air- Presidio, Tex ...... Presidio-Lely International Airport. San Antonio Tex .. San Antonio International Airport. port to the border or coastline crossing San Diego, Calif .. Brown Field. point as listed under paragraph (b) un- Santa Teresa, N. Santa Teresa Airport. less exempted from this requirement in Mex. accordance with § 122.25. In addition to Tampa, Fla ...... Tampa International Airport. Tucson, Ariz ...... Tucson International Airport. the requirements of this section, pilots West Palm Beach, Palm Beach International Airport. of aircraft to which § 122.23 is applica- Fla. ble must comply with all other landing Wilmington, NC .... New Hanover County Airport and notice of arrival requirements. Yuma, Ariz ...... Yuma International Airport. This requirement shall not apply to those aircraft which have not landed in [T.D. 88–12, 53 FR 9292, Mar. 22, 1988, as foreign territory or are arriving di- amended by 89–2, Dec. 21, 1988; T.D. 89–2, 53 rectly from Puerto Rico, if the aircraft FR 51272, Dec. 21, 1988; T.D. 89–44, 54 FR 14214, Apr. 10, 1989; T.D. 93–67, 58 FR 44444, Aug. 23, was inspected by CBP officers in the 1993; T.D. 94–34, 59 FR 16122, Apr. 6, 1994; T.D. U.S. Virgin Islands, or otherwise 97–35, 62 FR 24815, May 7, 1997; CBP Dec. 08- precleared by CBP officers at des- 01, 73 FR 12262, Mar. 7, 2008; CBP Dec. 08-43, ignated preclearance locations. 73 FR 68312, Nov. 18, 2008] (b) List of designated airports. Private aircraft required to furnish a notice of § 122.25 Exemption from special land- intended arrival in compliance with ing requirements. § 122.23 shall land for Customs proc- (a) Request. Any company or indi- essing at the nearest designated air- vidual that has operational control

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over an aircraft required to give ad- other flights involving the non-emer- vance notice of arrival under § 122.23 gency transport of persons seeking may request an exemption from the medical treatment in the U.S., shall in- landing requirements in § 122.24. Single clude the following information. Re- overflight exemptions may be granted quests for exemptions for air ambu- to entities involved in air ambulance lance operations and other flights in- type operations when emergency situa- volving the non-emergency transport tions arise and in cases involving the of persons for medical treatment in the non-emergency transport of persons U.S. shall include the following infor- seeking medical treatment in the U.S. mation except for paragraphs (c)(5) and All approvals of requests for overflight (c)(6) of this section: exemptions and the granting of author- (1) Aircraft registration number(s) ity to be exempted from the landing re- and manufacturer’s serial number(s) quirements are at the discretion of the for all aircraft owned or operated by port director. Exemptions may allow the applicant that will be utilizing the aircraft to land at any airport in the overflight exemption; U.S. staffed by Customs. Aircraft trav- (2) Identification information for eling under an exemption shall con- each aircraft including class, manufac- tinue to follow advance notice and gen- turer, type, number, color scheme, and eral landing rights requirements. type of engine (e.g., turbojet, turbofan, (b) Procedure. An exemption request turboprop, reciprocating, helicopter, shall be made to the port director at etc.); the airport at which the majority of (3) A statement that the aircraft is Customs overflight processing is de- equipped with a functioning mode C sired by the applicant. Except for air (altitude reporting) transponder which ambulance operations and other flights will be in use during overflight, that involving the non-emergency transport the overflights will be made in accord of persons seeking medical treatment with instrument flight rules (IFR), and in the U.S., the requests shall be signed that the overflights will be made at al- by an officer of the company or by the requesting individual and be notarized titudes above 12,500 feet mean sea level or witnessed by a Customs officer. The (unless otherwise instructed by Federal requests shall be submitted: Aviation Administration controllers); (1) At least 30 days before the antici- (4) Name and address of the applicant pated first arrival, if the request is for operating the aircraft, if the applicant an exemption covering a number of is a business entity, the address of the flights over a period of one year, or headquarters of the business (include (2) At least 15 days before the antici- state of incorporation if applicable), pated arrival, if the request is for a sin- and the names, addresses, Social Secu- gle flight, or rity numbers (if available), and dates (3) In cases involving air ambulance of birth of the company officer or indi- operations when emergency situations vidual signing the application. If the arise and other flights involving the aircraft is operated under a lease, in- non-emergency transport of persons clude the name, address, Social Secu- seeking medical treatment in the U.S., rity number (if available), and date of if time permits, at least 24 hours prior birth of the owner if an individual, or to departure. If this cannot be accom- the address of the headquarters of the plished, Customs will allow receipt of business (include state of incorporation the overflight exemption application if applicable), and the names, address- up to departure time. In cases of ex- es, Social Security numbers, and dates treme medical emergency, Customs of birth of the officers of the business; will accept overflight exemption re- (5) Individual, signed applications quests in flight through a Federal from each usual or anticipated pilot or Aviation Administration Flight Serv- crewmember for all aircraft for which ice Station. an overflight exemption is sought stat- (c) Content of request. All requests for ing name, address, Social Security exemption from special landing re- number (if available), Federal Aviation quirements, with the exception of Administration certificate number (if those for air ambulance operations and applicable), and place and date of birth;

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(6) A statement from the individual Brownsville, Texas, and San Diego, signing the application that the California). Southwestern land border pilot(s) and crewmember(s) responding crossings must be made while flying in to paragraph (c)(5) of this section are Federal Aviation Administration pub- those intended to conduct overflights, lished airways. and that to the best of the individual’s (2) The notice shall be given to a des- knowledge, the information supplied in ignated airport specified in § 122.24. The response to paragraph (c)(5) of this sec- notice may be furnished directly to tion is accurate; Customs by telephone, radio or other (7) Names, addresses, Social Security means, or may be furnished through numbers (if applicable), and dates of the Federal Aviation Administration birth for all usual or anticipated pas- to Customs. If notice is furnished pur- sengers. An approved passenger must suant to this paragraph, notice pursu- be on board to utilize the overflight ex- ant to §§ 122.23 and 122.24 is unneces- emptions. sary. NOTE: Where the Social Security number is (3) All overflights must be conducted requested, furnishing of the SSN is vol- pursuant to an instrument flight plan untary. The authority to collect the SSN is filed with the Federal Aviation Admin- 19 U.S.C. 66, 1433, 1459 and 1624. The primary istration or equivalent foreign aviation purpose for requesting the SSN is to assist in ascertaining the identity of the individual so authority prior to the commencement as to assure that only law-abiding persons of the overflight. will be granted permission to land at interior (4) The owner or aircraft commander airports in the U.S. without first landing at of an aircraft subject to § 122.23 granted one of the airports designated in § 122.24. The an exemption from the landing require- SSN will be made available to Customs per- ments must: sonnel on a need-to-know basis. Failure to provide the SSN may result in a delay in (i) Notify Customs of a change of processing of the application; Federal Aviation Administration or other (foreign) registration number for (8) Description of the usual or antici- the aircraft; pated baggage or cargo if known, or the (ii) Notify Customs of the sale, theft, actual baggage or cargo; (9) Description of the applicant’s modification or destruction of the air- usual business activity; craft; (10) Name(s) of the airport(s) of in- (iii) Notify Customs of changes of tended first landing in the U.S. Actual usual or anticipated pilots or crew- overflights will only be permitted to members as specified in paragraph specific approved airports; (c)(5) of this section. Every pilot and (11) Foreign place or places from crewmember participating in an over- which flight(s) will usually originate; flight must have prior Customs ap- and proval either through initial applica- (12) Reasons for request for overflight tion and approval, or through a supple- exemption. mental application submitted by the (d) Procedure following exemption. (1) new pilot or crewmember and approved If an aircraft subject to § 122.23 is by Customs before commencement of granted an exemption from the landing the pilot’s or crewmember’s first over- requirements as provided in this sec- flight. tion, the aircraft commander shall no- (iv) Request permission from Cus- tify Customs at least 60 minutes be- toms to conduct an overflight to an fore: airport not listed in the initial over- (i) Crossing into the U.S. over a point flight application as specified in para- on the Pacific Coast north of 33 degrees graph (c)(10) of this section. The re- north latitude; or quest must be directed to the port di- (ii) Crossing into the U.S. over a rector who approved the initial request point of the Gulf of Mexico or Atlantic for an overflight exemption. Coast north of 30 degrees north lati- (v) Retain copies of the initial re- tude; or quest for an overflight exemption, all (iii) Crossing into the U.S. over the supplemental applications from pilots Southwestern land border (defined as or crewmembers, and all requests for the U.S.-Mexican border between additional landing privileges as well as

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a copy of the letter from Customs ap- declaration on Customs Form 6059–B is proving each of these requests. The found necessary by inspecting officers. copies must be carried on board any (b) Cargo. (1) On arrival, cargo and aircraft during the conduct of an over- unaccompanied baggage not carried for flight. hire aboard a private aircraft may be (5) The notification specified in para- listed on a baggage declaration on Cus- graph (d)(4) of this section must be toms Form 6059–B, and shall be en- given to Customs within 5 working tered. If the cargo or unaccompanied days of the change, sale, theft, modi- baggage is not listed on a baggage dec- fication, or destruction, or before a laration, it shall be entered in the flight for which there is an exemption, same manner as cargo carried for hire whichever occurs earlier. into the U.S. (e) Inspection of aircraft having or re- (2) On departure, when a private air- questing overflight exemption. Applicants craft leaves the U.S. carrying cargo not for overflight exemptions must agree for hire, the Bureau of Census (15 CFR to make the subject aircraft available part 30) and the Export Administration Regulations (15 CFR parts 730 through for inspection by Customs to determine 774) and any other applicable export if the aircraft is capable of meeting laws shall be followed. A foreign land- Customs requirements for the proper ing certificate or certified copy of a conduct of an overflight. Inspections foreign Customs entry is required as may be conducted during the review of proof of exportation if the cargo in- an initial application or at any time cludes: during the term of an overflight ex- (i) Merchandise valued at more than emption. $500.00; or [T.D. 89–24, 53 FR 5429, Feb. 3, 1989, as amend- (ii) More than one case of alcoholic ed by T.D. 89–24, 53 FR 6884 and 6988, Feb. 15, beverages withdrawn from a Customs 1989; CBP Dec. 08-43, 73 FR 68312, Nov. 18, bonded warehouse or otherwise in bond 2008] for direct exportation by private air- craft. § 122.26 Entry and clearance. A foreign landing certificate, when re- Private aircraft, as defined in quired, shall be produced within six § 122.1(h), arriving in the United States months from the date of exportation as defined in § 122.22, are not required and shall be signed by a revenue officer to formally enter. No later than 60 of the foreign country to which the minutes prior to departure from the merchandise is exported, unless it is United States as defined in § 122.22, to a shown that the country has no Cus- foreign location, manifest data for toms administration, in which case the each individual onboard a private air- certificate may be signed by the con- craft and departure information must signee or by the vessel’s agent at the be submitted as set forth in § 122.22(c). place of landing. Private aircraft must not depart the (c) Pilot certificate/license, certificate of United States to travel to a foreign lo- registration—(1) Pilot certificate/license. A cation until CBP confirms receipt of commander of a private aircraft arriv- the appropriate manifest and departure ing in the U.S. must present for inspec- information as set forth in § 122.22(c), tion a valid pilot certificate/license, and grants electronic clearance via medical certificate, authorization, or electronic mail or telephone. license held by that person, when pres- entation for inspection is requested by [CBP Dec. 08-43, 73 FR 68312, Nov. 18, 2008] a Customs officer. (2) Certificate of registration. A valid § 122.27 Documents required. certificate of registration for private (a) Crewmembers and passengers. Crew- aircraft which are U.S.-registered must members and passengers on a private also be presented upon arrival in the aircraft arriving in the U.S. shall make U.S., when presentation for inspection baggage declarations as set forth in is requested by a Customs officer. A so- part 148 of this chapter. An oral dec- called ‘‘pink slip’’ is a duplicate copy of laration of articles acquired in foreign the Aircraft Registration Application areas shall be made, unless a written (FAA Form AC 8050–1), and does not

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constitute a valid certificate of reg- tice of arrival in accordance with istration authorizing travel inter- § 122.22 of this part. nationally. (ii) Aircraft arriving from Cuba. Air- [T.D. 88–12, 53 FR 9292, Mar. 22, 1988, as craft arriving from Cuba must follow amended by T.D. 91–61, 56 FR 32086, July 15, the advance notice of arrival proce- 1991; CBP Dec. 04–28, 69 FR 52599, Aug. 27, dures set forth in § 122.154 in subpart O 2004] of this part. (iii) Certain aircraft arriving from areas § 122.28 Private aircraft taken abroad south of the United States. Certain air- by U.S. residents. craft arriving from areas south of the An aircraft belonging to a resident of United States (other than Cuba) must the U.S. which is taken to a foreign follow the advance notice of arrival area for non-commercial purposes and procedures set forth in § 122.23 of this then returned to the U.S. by the resi- part. dent shall be admitted under the condi- (iv) Other aircraft. The commander of tions and procedures set forth in an aircraft not otherwise covered by § 148.32 of this chapter. Repairs made paragraphs (c)(1)(i), (c)(1)(ii) and abroad, and accessories purchased (c)(1)(iii) of this section must give ad- abroad shall be included in the baggage vance notice of arrival as set forth in declaration as required by § 148.32(c), paragraph (d) of this section. Notice and may be subject to entry and pay- must be given to the port director at ment of duty as provided in § 148.32. the place of first landing, either: (A) Directly by radio, telephone, or § 122.29 Arrival fee and overtime serv- other method; or ices. (B) Through Federal Aviation Admin- Private aircraft may be subject to istration flight notification procedure the payment of an arrival fee for serv- (see International Flight Information ices provided as set forth in § 24.22 of Manual, Federal Aviation Administra- this chapter. For the procedures to be tion). followed in requesting overtime serv- (2) Reliable facilities. When reliable ices in connection with the arrival of means for giving notice are not avail- private aircraft, see § 24.16 of this chap- able (for example, when departure is ter. from a remote place) a departure must [T.D. 93–85, 58 FR 54286, Oct. 21, 1993] be made at a place where notice can be sent prior to coming into the U.S. § 122.30 Other Customs laws and regu- (d) Contents of notice. The advance no- lations. tice of arrival required by aircraft cov- Sections 122.2 and 122.161 apply to pri- ered in paragraph (c)(1)(iv) of this sec- vate aircraft. tion must include the following infor- mation: Subpart D—Landing Requirements (1) Type of aircraft and registration number; § 122.31 Notice of arrival. (2) Name (last, first, middle, if avail- (a) Application. Except as provided in able) of aircraft commander; paragraph (b) of this section, all air- (3) Place of last foreign departure; craft entering the United States from a (4) International airport of intended foreign area must give advance notice landing or other place at which landing of arrival. has been authorized by CBP; (b) Exceptions for scheduled aircraft of (5) Number of alien passengers; a scheduled airline. Advance notice is (6) Number of citizen passengers; and not required for aircraft of a scheduled (7) Estimated time of arrival. airline arriving under a regular sched- (e) Time of notice. Notice of arrival as ule. The regular schedule must have required pursuant to paragraph been filed with the port director for the (c)(1)(iv) of this section must be fur- airport where the first landing is made. nished far enough in advance to allow (c) Giving notice of arrival—(1) Proce- inspecting CBP officers to reach the dure—(i) Private aircraft. The pilot of a place of first landing of the aircraft private aircraft must give advance no- prior to the aircraft’s arrival.

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(f) Notice of other Federal agencies. (see §§ 122.52, 122.54 and 122.83(d)), or a When advance notice is received, the Customs Form 7509 (see § 122.113); or port director will inform any other (2) Coming into the U.S. from a for- concerned Federal agency. eign area. [CBP Dec. 08-43, 73 FR 68312, Nov. 18, 2008] (b) Notice. When an emergency or forced landing is made, notice shall be § 122.32 Aircraft required to land. given: (a) Any aircraft coming into the U.S., (1) To the Customs Service at the in- from an area outside of the U.S., is re- tended place of first landing, nearest quired to land, unless it is denied per- international airport, or nearest port mission to land in the U.S. by CBP pur- of entry, as soon as possible; suant to § 122.12(c), or is exempted from (2) By the aircraft commander, other landing by the Federal Aviation Ad- person in charge, or aircraft owner, ministration. who shall make a full report of the (b) Conditional permission to land. CBP flight and the emergency or forced has the authority to limit the loca- landing. tions where aircraft entering the U.S. (c) Passengers and crewmembers. The from a foreign area may land. As such, aircraft commander or other person in aircraft must land at the airport des- charge shall keep all passengers and ignated in their APIS transmission un- crewmembers in a separate place at the less instructed otherwise by CBP or landing area until Customs officers ar- changes to the airport designation are rive. Passengers and crewmembers may required for aircraft and/or airspace be removed if necessary for safety, or safety as directed by the Federal Avia- for the purpose of contacting Customs. tion Administration (FAA) flight serv- ices. (d) Merchandise and baggage. The air- craft commander or other person in [CBP Dec. 08-43, 73 FR 68313, Nov. 18, 2008] charge shall keep all merchandise and baggage together and unopened at the § 122.33 Place of first landing. landing area until Customs officers ar- (a) The first landing of an aircraft en- rive. The merchandise and baggage tering the United States from a foreign may be removed for safety or to pro- area will be: tect property. (1) At a designated international air- (e) Mail. Mail may be removed from port (see § 122.13), provided that permis- the aircraft, but shall be delivered at sion to land has not been denied pursu- once to an officer or employee of the ant to § 122.12(c); Postal Service. (2) At a landing rights airport if per- mission to land has been granted (see § 122.36 Responsibility of aircraft com- § 122.14); or mander. (3) At a designated user fee airport if permission to land has been granted If an aircraft lands in the U.S. and (see § 122.15). Customs officers have not arrived, the (b) Permission to land at a landing aircraft commander shall hold the air- rights airport or user fee airport is not craft, and any merchandise or baggage required for an emergency or forced on the aircraft for inspection. Pas- landing (see § 122.35). sengers and crewmembers shall be kept in a separate place until Customs offi- [T.D. 92–90, 57 FR 43397, Sept. 21, 1992, as cers authorize their departure. amended by CBP Dec. 03–32, 68 FR 68170, Dec. 5, 2003] § 122.37 Precleared aircraft. § 122.35 Emergency or forced landing. (a) Application. This section applies (a) Application. This section applies when aircraft carrying crew, pas- to emergency or forced landings made sengers and baggage, or merchandise by aircraft when necessary for safety which has been precleared pursuant to or the preservation of life or health, § 148.22 of this chapter at a location when such aircraft are: listed in § 101.5 of this chapter and (1) Travelling from airport to airport makes an unscheduled or unintended in the U.S. under a permit to proceed landing at an airport in the U.S.

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(b) Notice. The aircraft commander or any inbound or outbound flight, with agent shall give written notice to the respect to which Customs and Border Customs office at: Protection (CBP) has not received the (1) The intended place of unlading; advance electronic cargo information and required, respectively, under § 122.48a (2) The place of preclearance. or 192.14(b)(1)(ii) of this chapter (see (c) Time of notice. Notice shall be paragraph (g) of this section). given within 7 days of the unscheduled (d) Procedures. The application for a or unintended landing unless other ar- permit and special license to unlade or rangements have been made in advance lade shall be made by the owner, oper- between the carrier and the port direc- ator, or agent for an aircraft on Cus- tor. toms Form 3171, and shall be submitted to the port director for the airport § 122.38 Permit and special license to where the unlading and lading will unlade and lade. take place. The application shall be ac- (a) Applicability. Before any pas- companied by a bond on Customs Form sengers, baggage, or merchandise may 301, containing the bond conditions set be unladen or laden aboard on arrival forth in subpart G of part 113 of this or departure of an aircraft subject to chapter, or a cash deposit, unless this these regulations, a permit and/or spe- requirement is waived under paragraph cial license to unlade or lade shall be (e) of this section. obtained from Customs. (e) Waiver of bond. To insure prompt (1) Permit to unlade or lade. A permit and orderly clearance of the aircraft, is required to obtain Customs super- passengers, baggage, or merchandise, vision of unlading and lading during of- the port director may waive the re- ficial Customs duty hours. quirement under paragraph (d) of this (2) Special license to unlade or lade. A section that either a bond or a cash de- special license is required to obtain posit be made, if he is convinced the Customs supervision of unlading and revenue is protected and that all Cus- lading at any time not within official toms requirements are satisfied. Customs duty hours (generally, during (f) Automatic renewal of term permit or overtime hours, Sundays or holidays). special license. Automatic renewal of a (b) Authorization required. A permit or term permit or special license may be special license shall be required for requested by the owner, operator, or each arrival and departure unless a agent for an aircraft when a bond on term permit or special license has been Customs Form 301 containing the ap- granted. No permit or special license propriate bond conditions set forth in shall be issued unless the carrier com- subpart G of part 113 of this chapter is plies with the terminal facilities and on file. The request shall be for succes- employee list requirements of § 4.30 of sive annual periods which conform to this chapter. the automatic renewal periods of the (c) Term permit or special license. A bond. An application will be approved term permit or special license may be by the port director unless specific rea- issued covering all arrivals and depar- sons exist for denial. If a request for tures during a period of up to one year, automatic renewal is not approved, the providing local arrangements have port director shall notify the re- been made to notify Customs before questor, and shall state the reasons for services are needed. The notice shall the denial. To apply for automatic re- specify the kinds of services requested, newal, item 10 on Customs Form 3171 and the exact times they will be need- shall be changed by adding the fol- ed. No term permit or special license lowing words after the period of time shall be issued, and any term permit or indicated: ‘‘And automatic annual re- special license already issued shall be newal thereof for so long as the bond is revoked, unless the carrier complies renewed and remains in effect.’’ with the terminal facilities and em- (g) Advance receipt of electronic cargo ployee list requirements of § 4.30 of this information. The CBP will not issue a chapter. In addition, a term permit or permit to unlade or lade cargo upon ar- special license to unlade or lade al- rival or departure of an aircraft, and a ready issued will not be applicable to term permit or special license already

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issued will not be applicable to any in- § 122.42 Aircraft entry. bound or outbound flight, with respect (a) By whom. Entry shall be made by to which CBP has not received the ad- the aircraft commander or an agent. vance electronic cargo information re- (b) Place of entry—(1) First landing at quired, respectively, under § 122.48a or international airport. Entry shall be 192.14 of this chapter. In cases in which made at the international airport at CBP does not receive complete cargo which first landing is made. information in the time and manner (2) First landing at another airport. If and in the electronic format required the first landing is not at an inter- by § 122.48a or 192.14 of this chapter, as national airport pursuant to §§ 122.14, applicable, CBP may delay issuance of 122.15, or 122.35, the aircraft com- a permit or special license to unlade or mander or agent shall make entry at lade cargo, and a term permit or spe- the nearest international airport or cial license to unlade or lade already port of entry, unless some other place issued may not apply, until all required is allowed for the purpose. information is received. The CBP may (c) Delivery of forms. When the air- also decline to issue a permit or special craft arrives, the aircraft commander license to unlade or lade, and a term or agent shall deliver any required permit or special license already issued forms to the Customs officer at the may not apply, with respect to the spe- place of entry at once. cific cargo for which advance informa- (d) Exception to entry requirement. Ex- tion is not timely received electroni- cept for flights to Cuba (provided for in subpart O of this part), an aircraft of a cally, as specified in § 122.48a or scheduled airline which stops only for 192.14(b)(1)(ii) of this chapter. refueling at the first place or arrival in [T.D. 88–12, 53 FR 9292, Mar. 22, 1988, as the U.S. shall not be required to enter amended by T.D. 94–2, 58 FR 68526, Dec. 28, provided: 1993; CBP Dec. 03–32, 68 FR 68170, Dec. 5, 2003] (1) That such aircraft departs within 24 hours after arrival; Subpart E—Aircraft Entry and Entry (2) No cargo, crew, or passengers are Documents; Electronic Mani- off-loaded; and fest Requirements for Pas- (3) Landing rights at that airport as either a regular or alternate landing sengers, Crew Members, and place shall have been previously se- Non-Crew Members Onboard cured. Commercial Aircraft Arriving [T.D. 88–12, 53 FR 9292, Mar. 22, 1988, as In, Continuing Within, and amended at CBP Dec. 10–29, 75 FR 52452, Aug. Overflying the United States 26, 2010]

§ 122.41 Aircraft required to enter. § 122.43 General declaration. All aircraft coming into the United (a) When required. A general declara- States from a foreign area must make tion, Customs Form 7507, shall be filed entry under this subpart except: for all aircraft required to enter under (a) Public and private aircraft; § 122.41 (Aircraft required to enter). (b) Aircraft chartered by, and trans- (b) Exception. Aircraft arriving di- porting only cargo that is the property rectly from Canada on a flight begin- of, the U.S. Department of Defense ning in Canada and ending in the U.S. need not file a general declaration to (DoD), where the DoD-chartered air- enter. Instead, an air cargo manifest craft is manned entirely by the civilian (see § 122.48) may be filed in place of the crew of the air carrier under contract general declaration, regardless of to DoD; and whether cargo is on board. The air (c) Aircraft traveling from airport to cargo manifest shall state the fol- airport in the U.S. under subpart I, re- lowing: lating to residue cargo procedures. I certify to the best of my knowledge and [T.D. 88–12, 53 FR 9292, Mar. 22, 1988, as belief that this manifest contains an exact amended by CBP Dec. 03–32, 68 FR 68170, Dec. and true account of all cargo on board this 5, 2003] aircraft.

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Signature llllllllllllllllll manifest, along with the number of any (Aircraft Commander or Agent) written crew declarations. (c) Form. If a crewmember enters ar- (c) Form. The general declaration ticles for which a written crew declara- shall be on Customs Form 7507 or on a tion is not required (see subpart G, privately printed form prepared under part 148 of this chapter), the articles § 122.5. The form shall contain all re- shall be listed next to the crew- quired information, unless the informa- member’s name on the general declara- tion is given in some other manner tion, or on the attached crew purchase under subpart E of this part. list. Articles listed on a written crew declaration need not be listed on the § 122.44 Crew baggage declaration. crew purchase list if: If an aircraft enters the U.S. from a (1) The crew declaration is attached foreign area, aircraft crewmembers to the general declaration, or to the shall file a crew baggage declaration as crew list which in turn is attached to provided in subpart G, part 148 of this the general declaration; and chapter. (2) The statement ‘‘Crew purchases as per attached crew declaration’’ appears § 122.45 Crew list. on the general declaration or crew list. (a) When required. A crew list shall be filed by all aircraft required to enter § 122.47 Stores list. under § 122.41. (a) When required. A stores list shall (b) Exception. No crew list is required be filed for all aircraft required to for aircraft arriving directly from Can- enter under § 122.41. ada on a flight beginning in Canada (b) Form. The aircraft stores shall be and ending in the U.S. Instead, the listed on the cargo manifest or on a total number of crewmembers may be separate list. If the stores are listed on shown on the general declaration. a separate list, the list must be at- (c) Form. The crew list shall show the tached to the cargo manifest. The full name (last name, first name, mid- statement ‘‘Stores List Attached’’ must dle initial) of each crewmember, either: appear on the cargo manifest. (1) On the general declaration in the (c) Contents—(1) Required listing. The column headed ‘‘Total Number of stores list shall include all of the fol- Crew’’; or lowing: (2) On a separate, clearly marked (i) Alcoholic beverages, cigars, ciga- document. rettes and narcotic drugs, whether do- (d) Crewmembers returning as pas- mestic or foreign; sengers. Crewmembers of any aircraft (ii) Bonded merchandise arriving as returning to the U.S. as passengers on stores; a commercial aircraft from a trip on (iii) Foreign merchandise arriving as which they were employed as crew- stores; and members shall be listed on the aircraft (iv) Equipment which must be li- general declaration or crew list. censed by the Secretary of State (see § 122.48(b)). § 122.46 Crew purchase list. (2) Other articles. In the case of air- (a) When required. A crew purchase craft of scheduled airlines, other do- list shall be filed with the general dec- mestic supplies and equipment (if not laration for any aircraft required to subject to license) and fuel may be enter under § 122.41. dropped from the stores list if the (b) Exception. A crew purchase list is statement ‘‘Domestic supplies and not required for aircraft arriving di- equipment and fuel for immediate rectly from Canada on a flight begin- flight only, except as noted’’ appears on ning in Canada and ending in the U.S. the cargo manifest or on the separate If a written crew declaration is re- stores list. The stores list shall be at- quired for the aircraft under subpart G tached to the cargo manifest. of part 148 of this chapter (Crew- (d) Other statutes. Section 446, Tariff member Declarations and Exemptions), Act of 1930, as amended (19 U.S.C. 1446), it shall be attached to the air cargo which covers supplies and stores kept

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on board vessels, applies to aircraft ar- toms to be dutiable, restricted, or pro- riving in the U.S. from any foreign hibited may be subject to seizure. Such area. unaccompanied shall be added to the cargo list in columns § 122.48 Air cargo manifest. under the following headings: (a) When required. Except as provided in paragraphs (d) and (e) of this sec- Name of Dis- Check Descrip- Where Des- exam- posi- tion, an air cargo manifest need not be No. tion from tination ining of- tion filed or retained aboard the aircraft for ficer 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 de- The two columns, headed ‘‘Name of ex- mand. The general declaration must be amining officer’’ and ‘‘Disposition,’’ are filed as provided in § 122.43. provided on the cargo manifest for the (b) Exception. A cargo manifest is not use of Customs officers. required for merchandise, baggage and Unaccompained unchecked baggage ar- stores arriving from and departing for riving as air express or freight shall be a foreign country on the same through manifested as other air express or flight. Any cargo manifest already on freight. board may be inspected. All articles on (e) Accompanied baggage in transit. board which must be licensed by the This section applies when accompanied Secretary of State shall be listed on baggage enters into the U.S. in one air- the cargo manifest. Company mail craft and leaves the U.S. in another shall be listed on the cargo manifest. aircraft. When passengers do not have (c) Form. The air cargo manifest, Cus- access to their baggage while in transit toms Form 7509, must contain all re- through the U.S., the baggage is con- quired information regarding all cargo sidered cargo and shall be listed on on board the aircraft, except that a Customs Form 7509, Air Cargo Mani- more complete description of the cargo fest. shipped may be provided by attaching [T.D. 88–12, 53 FR 9292, Mar. 22, 1988, as to the manifest copies of the air way- amended by T.D. 89–1, 53 FR 51255, Dec. 21, bills covering the cargo on board, in- 1988; T.D. 02–51, 67 FR 55721, Aug. 30, 2002; cluding, if a consolidated shipment, CBP Dec. 03–32, 68 FR 68170, Dec. 5, 2003] any house air waybills. When copies of air waybills are attached, the state- § 122.48a Electronic information for ment ‘‘Cargo as per air waybills at- air cargo required in advance of ar- tached’’ must appear on the manifest. rival. The manifest must reference an 11- (a) General requirement. Pursuant to digit air waybill number for each air section 343(a), Trade Act of 2002, as waybill it covers. The air waybill num- amended (19 U.S.C. 2071 note), for any ber must not be used by the issuer for inbound aircraft required to enter another air waybill for a period of one under § 122.41, that will have commer- year after issuance. cial cargo aboard, Customs and Border (d) Unaccompanied baggage. Unaccom- Protection (CBP) must electronically panied baggage arriving in the U.S. receive from the inbound air carrier under a check number from any foreign and, if applicable, an approved party as country by air and presented timely to specified in paragraph (c)(1) of this sec- Customs may be authorized for deliv- tion, certain information concerning ery by the carrier after inspection and the incoming cargo, as enumerated, re- examination without preparation of an spectively, in paragraphs (d)(1) and entry, declaration, or being manifested (d)(2) of this section. The CBP must re- as cargo. Such baggage must be found ceive such information no later than to be free of duty or tax under any pro- the time frame prescribed in paragraph vision of Chapter 98, HTSUS (19 U.S.C. (b) of this section. The advance elec- 1202), and cannot be restricted or pro- tronic transmission of the required hibited. Unaccompanied checked bag- cargo information to CBP must be ef- gage not presented timely to Customs fected through a CBP-approved elec- or presented timely and found by Cus- tronic data interchange system.

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(1) Cargo remaining aboard aircraft; qualifications of paragraph (c)(2) of cargo to be entered under bond. Air cargo this section, may elect to transmit to arriving from and departing for a for- CBP the electronic data for incoming eign country on the same through cargo that is listed in paragraph (d)(2) flight and cargo that is unladen from of this section: the arriving aircraft and entered, in (i) An Automated Broker Interface bond, for exportation, or for transpor- (ABI) filer (importer or its Customs tation and exportation (see subpart J broker) as identified by its ABI filer of this part), are subject to the advance code; electronic information filing require- (ii) A Container Freight Station/ ment under paragraph (a) of this sec- deconsolidator as identified by its tion. FIRMS (Facilities Information and Re- (2) Diplomatic Pouches and Diplomatic sources Management System) code; Cargo. When goods comprising a diplo- (iii) An Express Consignment Carrier matic or consular bag (including cargo Facility as identified by its FIRMS shipments, containers, and the like code; or, identified as Diplomatic Pouch) that (iv) An air carrier as identified by its belong to the United States or to a for- carrier IATA (International Air Trans- eign government are shipped under an port Association) code, that arranged air waybill, such cargo is subject to the to have the incoming air carrier trans- advance reporting requirements, but port the cargo to the United States. the description of the shipment as Dip- lomatic Pouch will be sufficient detail (2) Eligibility. To be qualified to file for description. Shipments identified as cargo information electronically, a Diplomatic Cargo, such as office sup- party identified in paragraph (c)(1) of plies or unaccompanied household this section must establish the commu- goods, are subject to the advance re- nication protocol required by CBP for porting requirements of paragraph (a) properly presenting cargo information of this section. through the approved data interchange (b) Time frame for presenting data—(1) system. Also, other than a broker or an Nearby foreign areas. In the case of air- importer (see § 113.62(k)(2) of this chap- craft under paragraph (a) of this sec- ter), the party must possess a Customs tion that depart for the United States international carrier bond containing from any foreign port or place in North all the necessary provisions of § 113.64 America, including locations in Mex- of this chapter. ico, Central America, South America (3) Nonparticipation by other party. If (from north of the Equator only), the another party as specified in paragraph Caribbean, and Bermuda, CBP must re- (c)(1) of this section does not partici- ceive the required cargo information pate in advance electronic cargo infor- no later than the time of the departure mation filing, the party that arranges of the aircraft for the United States for and/or delivers the cargo shipment (the trigger time is no later than the to the incoming carrier must fully dis- time that wheels are up on the aircraft, close and present to the carrier the and the aircraft is en route directly to cargo information listed in paragraph the United States). (d)(2) of this section; and the incoming (2) Other foreign areas. In the case of carrier, on behalf of the party, must aircraft under paragraph (a) of this sec- present this information electronically tion that depart for the United States to CBP under paragraph (a) of this sec- from any foreign area other than that tion. specified in paragraph (b)(1) of this sec- (4) Required information in possession tion, CBP must receive the required of third party. Any other entity in pos- cargo information no later than 4 session of required cargo data that is hours prior to the arrival of the air- not the incoming air carrier or a party craft in the United States. described in paragraph (c)(1) of this (c) Party electing to file advance elec- section must fully disclose and present tronic cargo data—(1) Other filer. In ad- the required data for the inbound air dition to incoming air carriers for cargo to either the air carrier or other whom participation is mandatory, one electronic filer, as applicable, which of the following parties meeting the must present such data to CBP.

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(5) Party receiving information believed (iv) Airport of arrival (M) (The 3- to be accurate. Where the party elec- alpha character ICAO code cor- tronically presenting the cargo infor- responding to the first airport of ar- mation required in paragraph (d) of rival in the Customs territory of the this section receives any of this infor- United States (for example, Chicago mation from another party, CBP will O’Hare = ORD; Los Angeles Inter- take into consideration how, in accord- national Airport = LAX)); ance with ordinary commercial prac- (v) Airport of origin (M) (The 3-alpha tices, the presenting party acquired character ICAO code corresponding to such information, and whether and how the airport from which a shipment the presenting party is able to verify began its transportation by air to the this information. Where the presenting United States (for example, if a ship- party is not reasonably able to verify ment began its transportation from such information, CBP will permit the Hong Kong (HKG), and it transits party to electronically present the in- through Narita, Japan (NRT), en route formation on the basis of what that to the United States, the airport of ori- party reasonably believes to be true. gin is HKG, not NRT)); (d) Non-consolidated/consolidated ship- (vi) Scheduled date of arrival (M); ments. For non-consolidated shipments, (vii) Total quantity based on the the incoming air carrier must transmit smallest external packing unit (M) (for to CBP all of the information for the example, 2 pallets containing 50 pieces air waybill record, as enumerated in each would be considered as 100, not 2); paragraph (d)(1) of this section. For (viii) Total weight (M) (may be ex- consolidated shipments: the incoming pressed in either pounds or kilograms); air carrier must transmit to CBP the (ix) Precise cargo description (M) (for information listed in paragraph (d)(1) consolidated shipments, the word of this section that is applicable to the ‘‘Consolidation’’ is a sufficient descrip- master air waybill; and the air carrier tion for the master air waybill record; must transmit cargo information for for non-consolidated shipments, a pre- all associated house air waybills as cise cargo description or the 6-digit enumerated in paragraph (d)(2) of this Harmonized Tariff Schedule (HTS) section, unless another party as de- number must be provided (generic de- scribed in paragraph (c)(1) of this sec- scriptions, specifically those such as tion electronically transmits this in- ‘‘FAK’’ (‘‘freight of all kinds’’), ‘‘general cargo , and STC ( said to contain ) formation directly to CBP. ’’ ‘‘ ’’ ‘‘ ’’ are not acceptable)); (1) Cargo information from air carrier. (x) Shipper name and address (M) (for The incoming air carrier must present consolidated shipments, the identity of to CBP the following data elements for the consolidator, express consignment inbound air cargo (an ‘‘M’’ next to any or other carrier, is sufficient for the listed data element indicates that the master air waybill record; for non-con- data element is mandatory in all cases; solidated shipments, the name of the a ‘‘C’’ next to the listed data element foreign vendor, supplier, manufacturer, indicates that the data element is con- or other similar party is acceptable ditional and must be transmitted to (and the address of the foreign vendor, CBP only if the particular information etc., must be a foreign address); by con- pertains to the inbound cargo): trast, the identity of a carrier, freight (i) Air waybill number (M) (The air forwarder or consolidator is not accept- waybill number is the International able); Air Transport Association (IATA) (xi) Consignee name and address (M) standard 11-digit number); (for consolidated shipments, the iden- (ii) Trip/flight number (M); tity of the container station, express (iii) Carrier/ICAO (International Civil consignment or other carrier is suffi- Aviation Organization) code (M) (The cient for the master air waybill record; approved electronic data interchange for non-consolidated shipments, the system supports both 3- and 2-char- name and address of the party to whom acter ICAO codes, provided that the the cargo will be delivered is required, final digit of the 2-character code is with the exception of ‘‘FROB’’ (Foreign not a numeric value); Cargo Remaining On Board); this party

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need not be located at the arrival or alpha characters may not be elimi- destination port); nated)); (xii) Consolidation identifier (C); (ii) Foreign airport of origin (M) (The (xiii) Split shipment indicator (C) 3-alpha character ICAO code cor- (see paragraph (d)(3) of this section for responding to the airport from which a the specific data elements that must be shipment began its transportation by presented to CBP in the case of a split air to the United States (for example, shipment); if a shipment began its transportation (xiv) Permit to proceed information from Hong Kong (HKG), and it transits (C) (this element includes the permit- through Narita, Japan (NRT), en route to-proceed destination airport (the 3- to the United States, the airport of ori- alpha character ICAO code cor- gin is HKG, not NRT)); responding to the permit-to-proceed (iii) Cargo description (M) (a precise destination airport); and the scheduled description of the cargo or the 6-digit date of arrival at the permit-to-proceed Harmonized Tariff Schedule (HTS) destination airport); number must be provided); (xv) Identifier of other party which is (iv) Total quantity based on the to submit additional air waybill infor- smallest external packing unit (M) (for mation (C); example, 2 pallets containing 50 pieces (xvi) In-bond information (C) (this each would be considered as 100, not 2); data element includes the destination (v) Total weight of cargo (M) (may be airport; the international/domestic expressed in either pounds or kilo- identifier (the in-bond type indicator); grams); the in-bond control number, if there is (vi) Shipper name and address (M) one (C); and the onward carrier identi- (the name of the foreign vendor, sup- fier, if applicable (C)); and plier, manufacturer, or other similar (xvii) Local transfer facility (C) (this party is acceptable (and the address of facility is a Container Freight Station the foreign vendor, etc., must be a for- as identified by its FIRMS code, or the eign address); by contrast, the identity warehouse of another air carrier as of a carrier, freight forwarder or identified by its carrier code). consolidator is not acceptable); (2) Cargo information from carrier or (vii) Consignee name and address (M) other filer. The incoming air carrier (the name and address of the party to must present the following additional whom the cargo will be delivered in the information to CBP for the incoming United States, with the exception of cargo, unless another party as specified ‘‘FROB’’ (Foreign Cargo Remaining On in paragraph (c)(1) of this section Board); this party need not be located elects to present this information di- at the arrival or destination port); and rectly to CBP. Information for all (viii) In-bond information (C) (this house air waybills under a single mas- data element includes the destination ter air waybill consolidation must be airport; the international/domestic presented electronically to CBP by the identifier (the in-bond type indicator); same party. (An ‘‘M’’ next to any listed the in-bond control number, if there is data element indicates that the data one (C); and the onward carrier identi- element is mandatory in all cases; a ‘‘C’’ fier, if applicable (C)). next to any listed data element indi- (3) Additional cargo information from cates that the data element is condi- air carrier; split shipment. When the in- tional and must be transmitted to CBP coming air carrier elects to transport only if the particular information per- cargo covered under a single consoli- tains to the inbound cargo): dated air waybill on more than one air- (i) The master air waybill number craft as a split shipment (see § 141.57 of and the associated house air waybill this chapter), the carrier must report number (M) (the house air waybill the following additional information number may be up to 12 alphanumeric for each house air waybill covered characters (each alphanumeric char- under the consolidation (An ‘‘M’’ next acter that is indicated on the paper to any listed data element indicates house air waybill document must be in- that the data element is mandatory in cluded in the electronic transmission; all cases; a ‘‘C’’ next to any listed data 722

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element indicates that the data ele- alpha character ICAO code cor- ment is conditional and must be trans- responding to the permit-to-proceed mitted to CBP only if the particular in- destination airport); and the scheduled formation pertains to the inbound date of arrival at the permit-to-proceed cargo): destination airport); (i) The master and house air waybill (xi) Boarded quantity (C) (The quan- number (M) (The master air waybill tity of the cargo covered by the house number is the IATA standard 11-digit air waybill (see paragraph (d)(3)(vii) of number; the house air waybill number this section) that is included in the in- may be up to 12 alphanumeric char- coming portion of the split shipment); acters (each alphanumeric number that and is indicated on the paper house air (xii) Boarded weight (C) (The weight waybill must be included in the elec- of the cargo covered by the house air tronic transmission; alpha characters waybill (see paragraph (d)(3)(viii) of may not be eliminated)); this section) that is included in the in- (ii) The trip/flight number (M); coming portion of the split shipment). (iii) The carrier/ICAO code (M) (The [CBP Dec. 03–32, 68 FR 68170, Dec. 5, 2003, as approved electronic data interchange amended at CBP Dec. 08–46, 73 FR 71782, Nov. system supports both 3- and 2-char- 25, 2008; CBP Dec. 09–39, 74 FR 52677, Oct. 14, acter ICAO codes, provided that the 2009] final digit of the 2-character code is not a numeric value); § 122.49 Correction of air cargo mani- (iv) The airport of arrival (M) (The 3- fest or air waybill. alpha character ICAO code cor- (a) Shortages—(1) Reporting. Shortages responding to the first airport of ar- (merchandise listed on the manifest or rival in the Customs territory of the air waybill but not found) shall be re- United States (for example, Chicago ported to the port director by the air- O’Hare = ORD; Los Angeles Inter- craft commander or agent. The report national Airport = LAX)); shall be made: (v) The airport of origin (M) (The 3- (i) On a Customs Form 5931, filled out alpha character ICAO code cor- and signed by the importer and the im- responding to the airport from which a porting or bonded carrier; or shipment began its transportation by (ii) On a Customs Form 5931, filled air to the United States (for example, out and signed by the importer alone if a shipment began its transportation under § 158.3 of this chapter; or from Hong Kong (HKG), and it transits (iii) On a copy of the cargo manifest, through Narita, Japan (NRT), en route which shall be marked ‘‘Shortage Dec- to the United States, the airport of ori- laration,’’ and must list the merchan- gin is HKG, not NRT)); dise involved and the reasons for the (vi) Scheduled date of arrival (M); shortage. (vii) The total quantity of the cargo (2) Time to file. Shortages shall be re- covered by the house air waybill based ported within the time set out in part on the smallest external packing unit 158 of this chapter, or within 30 days of (M) (For example, 2 pallets containing aircraft entry. 50 pieces each would be considered as (3) Evidence. The aircraft commander 100, not 2); or agent shall supply proof of the claim (viii) The total weight of the cargo that: covered by the house air waybill (M) (i) Shortage merchandise was not im- (May be expressed in either pounds or ported, or was properly disposed of; or kilograms); (ii) That corrective action was taken. (ix) Description (M) (This description This proof shall be kept in the carrier should mirror the precise level of cargo file for one year from the date of air- description information that is fur- craft entry. nished to the incoming carrier by the (b) Overages—(1) Reporting. Overages other electronic filer, if applicable (see (merchandise found but not listed on paragraph (c)(1) of this section)); the manifest or air waybill) shall be re- (x) Permit-to-proceed information (C) ported to the port director by the air- (This element includes the permit-to- craft commander or agent. The report proceed destination airport (the 3- shall be made:

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(i) On a Customs Form 5931; or with merchandise and unaccompanied (ii) On a separate copy of the cargo baggage for which a manifest or air manifest which is marked ‘‘Post Entry’’ waybill must be filed, section 584 (con- and lists the overage merchandise and cerning manifest violations), Tariff Act the reason for the overage. of 1930, as amended (19 U.S.C. 1584, ap- (2) Time to file. Overages shall be re- plies. ported within 30 days of aircraft entry. [T.D. 88–12, 53 FR 9292, Mar. 22, 1988, as (3) Evidence. Satisfactory proof of the amended by T.D. 98–74, 63 FR 51288, Sept. 25, reasons for the overage shall be kept 1998] on file by the carrier for one year from the date of the report. § 122.49a Electronic manifest require- (c) Statement on cargo manifest. If the ment for passengers onboard com- air cargo manifest is used to report mercial aircraft arriving in the shortages or overages, the Shortages United States. Declaration or Post Entry must in- (a) Definitions. The following defini- clude the signed statement of the air- tions apply for purposes of this section: craft commander or agent as follows: Appropriate official. ‘‘Appropriate offi- I declare to the best of my knowledge and cial’’ means the master or commanding belief that the discrepancy described herein officer, or authorized agent, owner, or occurred for the reason stated. I also certify consignee, of a commercial aircraft; that evidence to support the explanation of this term and the term ‘‘carrier’’ are the discrepancy will be retained in the car- sometimes used interchangeably. rier’s files for a period of at least one year Carrier. See ‘‘Appropriate official.’’ and will be made available to Customs on de- Commercial aircraft. ‘‘Commercial air- mand. craft’’ has the meaning provided in Signature llllllllllllllllll § 122.1(d) and includes aircraft engaged (Aircraft Commander or Agent) in passenger flight operations, all- (d) Notice by port director. The port di- cargo flight operations, and dual flight rector shall immediately notify the operations involving the transport of aircraft commander or agent of any both cargo and passengers. shortages or overages that were not re- Crew Member. ‘‘Crew member’’ means ported by the aircraft commander or a person serving on board an aircraft in agent. Notice shall be given by sending good faith in any capacity required for a copy of Customs Form 5931 to the air- normal operation and service of the craft commander or agent, or in any flight. In addition, the definition of other appropriate way. The aircraft ‘‘crew member’’ applicable to this sec- commander or agent shall make a sat- tion should not be applied in the con- isfactory reply within 30 days of entry text of other customs laws, to the ex- of the aircraft or receipt of the notice, tent this definition differs from the whichever is later. meaning of ‘‘crew member’’ con- (e) Correction not required. A correc- templated in such other customs laws. tion in the manifest or air waybill is Departure. ‘‘Departure’’ means the not required if: point at which the wheels are up on the (1) The port director is satisfied that aircraft and the aircraft is en route di- the difference between the quantity of rectly to its destination. bulk merchandise listed on the mani- Emergency. ‘‘Emergency’’ means, with fest or air waybill, and the quantity respect to an aircraft arriving at a U.S. unladen, is the usual difference caused port due to an emergency, an urgent by absorption or loss of moisture, tem- situation due to a mechanical, medical, perature, faulty weighing at the air- or security problem affecting the port, or other such reason; and flight, or to an urgent situation affect- (2) The marks or numbers on mer- ing the non-U.S. port of destination chandise packages are different from that necessitates a detour to a U.S. the marks or numbers listed on the port. cargo manifest for those packages if Passenger. ‘‘Passenger’’ means any the quantity and description of the person, including a Federal Aviation merchandise is given correctly. Administration (FAA) Aviation Secu- (f) Statutes applicable. If an aircraft rity Inspector with valid credentials arrives in the U.S. from a foreign area and authorization, being transported

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on a commercial aircraft who is not a batch manifest transmission con- crew member. taining the data required under para- Securing the aircraft. ‘‘Securing the graph (b)(3) of this section for all pas- aircraft’’ means the moment the air- sengers checked in for the flight or two craft’s doors are closed and secured for or more partial batch manifest trans- flight. missions, each containing the required United States. ‘‘United States’’ means data for the identified passengers and the continental United States, Alaska, which together cover all passengers Hawaii, Puerto Rico, Guam, the Com- checked in for the flight. After receipt monwealth of the Northern Mariana Is- of the manifest information, the CBP lands (beginning November 28, 2009), system will perform an initial security and the Virgin Islands of the United vetting of the data and send to the car- States. rier by a non-interactive transmission (b) Electronic arrival manifest—(1) Gen- method a ‘‘not-cleared’’ instruction for eral (i)—Basic requirement. Except as passengers identified as requiring addi- provided in paragraph (c) of this sec- tional security analysis and a ‘‘se- tion, an appropriate official of each lectee’’ instruction for passengers re- commercial aircraft (carrier) arriving quiring secondary screening (e.g., addi- in the United States from any place tional examination of the person and/or outside the United States must trans- his baggage) under applicable Trans- mit to the Advance Passenger Informa- portation Security Administration tion System (APIS; referred to in this (TSA) requirements. The carrier must section as the Customs and Border Pro- designate as a ‘‘selectee’’ any passenger tection (CBP) system), the electronic so identified during initial security data interchange system approved by vetting, in accordance with applicable CBP for such transmissions, an elec- TSA requirements. The carrier must tronic passenger arrival manifest cov- ering all passengers checked in for the not issue a pass to, or load flight. A passenger manifest must be the baggage of, any passenger subject transmitted separately from a crew to a ‘‘not-cleared’’ instruction and must member manifest required under contact TSA to seek resolution of the § 122.49b if transmission is in U.S. ‘‘not-cleared’’ instruction by providing, EDIFACT format. The passenger mani- if necessary, additional relevant infor- fest must be transmitted to the CBP mation relative to the ‘‘not-cleared’’ system at the place and time specified passenger. TSA will notify the carrier in paragraph (b)(2) of this section, in if the ‘‘not-cleared’’ passenger is cleared the manner set forth under paragraph for boarding or downgraded to ‘‘se- (b)(1)(ii) of this section. lectee’’ status based on the additional (ii) Transmission of manifests. A car- security analysis. rier required to make passenger arrival (B) Interactive batch transmission op- manifest transmissions to the CBP sys- tion. A carrier, upon obtaining CBP tem under paragraph (b)(1)(i) of this certification, in accordance with para- section must make the required trans- graph (b)(1)(ii)(E) of this section, may missions, covering all passengers make manifest transmissions by means checked in for the flight, in accordance of an interactive electronic trans- with either paragraph (b)(1)(ii)(A), (B), mission system configured for batch (C), or (D) of this section, as follows: transmission of data and receipt from (A) Non-interactive batch transmission the CBP system of appropriate mes- option. A carrier that chooses not to sages. A carrier operating under this transmit required passenger manifests paragraph must make transmissions by by means of a CBP-certified interactive transmitting a single, complete batch electronic transmission system under manifest containing the data required paragraph (b)(1)(ii)(B), (C), or (D) of under paragraph (b)(3) of this section this section must make batch manifest for all passengers checked in for the transmissions in accordance with this flight or two or more partial batch paragraph (b)(1)(ii)(A) by means of a manifests, each containing the re- non-interactive electronic trans- quired data for the identified pas- mission system approved by CBP. The sengers and which together cover all carrier may make a single, complete passengers checked in for the flight. In

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the case of connecting passengers ar- the carrier or by specific passenger riving at the connecting airport al- data (e.g., name) and may contain the ready in possession of boarding passes unique identifiers or data for all pas- for a U.S.-bound flight whose data have sengers onboard the flight or for only not been collected by the carrier, the those passengers who checked in but carrier must transmit all required were not onboard the flight. manifest data for these passengers (C) Interactive individual passenger in- when they arrive at the , or some formation transmission option. A carrier, other suitable place designated by the upon obtaining CBP certification, in carrier, for the flight. After receipt of accordance with paragraph (b)(1)(ii)(E) the manifest information, the CBP sys- of this section, may make manifest tem will perform an initial security transmissions by means of an inter- vetting of the data and send to the car- active electronic transmission system rier by interactive electronic trans- configured for transmitting individual mission, as appropriate, a ‘‘cleared’’ in- passenger data for each passenger and struction for passengers not matching for receiving from the CBP system ap- against the watch list, a ‘‘not-cleared’’ propriate messages. A carrier operating instruction for passengers identified as under this paragraph must make such requiring additional security analysis, transmissions as individual passengers and a ‘‘selectee’’ instruction for pas- check in for the flight or, in the case of sengers who require secondary screen- connecting passengers arriving at the ing (e.g., additional examination of the connecting airport already in posses- person and/or his baggage) under appli- sion of boarding passes for a U.S.- cable TSA requirements. The carrier bound flight whose data have not been must designate as a ‘‘selectee’’ any pas- collected by the carrier, as these con- senger so identified during initial secu- necting passengers arrive at the gate, rity vetting, in accordance with appli- or some other suitable place designated cable TSA requirements. The carrier by the carrier, for the flight. With each must not issue a to, or transmission of manifest information load the baggage of, any passenger sub- by the carrier, the CBP system will ject to a ‘‘not-cleared’’ instruction and, perform an initial security vetting of in the case of connecting passengers (as the data and send to the carrier by described in this paragraph), the car- interactive electronic transmission, as rier must not board or load the bag- appropriate, a ‘‘cleared’’ instruction for gage of any such passenger until the passengers not matching against the CBP system returns a ‘‘cleared’’ or ‘‘se- watch list, a ‘‘not-cleared’’ instruction lectee’’ response for that passenger. for passengers identified as requiring Where a ‘‘selectee’’ instruction is re- additional security analysis, and a ‘‘se- ceived for a connecting passenger, the lectee’’ instruction for passengers re- carrier must ensure that such pas- quiring secondary screening (e.g., addi- senger undergoes secondary screening tional examination of the person and/or before boarding. The carrier must seek his baggage) under applicable TSA re- resolution of a ‘‘not-cleared’’ instruc- quirements. The carrier must designate tion by contacting TSA and providing, as a ‘‘selectee’’ any passenger so identi- if necessary, additional relevant infor- fied during initial security vetting, in mation relative to the ‘‘not-cleared’’ accordance with applicable TSA re- passenger. Upon completion of the ad- quirements. The carrier must not issue ditional security analysis, TSA will no- a boarding pass to, or load the baggage tify the carrier if a ‘‘not-cleared’’ pas- of, any passenger subject to a ‘‘not- senger is cleared for boarding or down- cleared’’ instruction and, in the case of graded to ‘‘selectee’’ status based on the connecting passengers (as described in additional security analysis. No later this paragraph), must not board or load than 30 minutes after the securing of the baggage of any such passenger the aircraft, the carrier must transmit until the CBP system returns a to the CBP system a message reporting ‘‘cleared’’ or ‘‘selectee’’ response for that any passengers who checked in but passenger. Where a ‘‘selectee’’ instruc- were not onboard the flight. The mes- tion is received by the carrier for a sage must identify the passengers by a connecting passenger, the carrier must unique identifier selected or devised by ensure that secondary screening of the

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passenger is conducted before boarding. this section, no later than the securing The carrier must seek resolution of a of the aircraft; ‘‘not-cleared’’ instruction by contacting (iii) For flights not originally des- TSA and providing, if necessary, addi- tined to the United States but diverted tional relevant information relative to to a U.S. port due to an emergency, no the ‘‘not-cleared’’ passenger. Upon com- later than 30 minutes prior to arrival; pletion of the additional security anal- in cases of non-compliance, CBP will ysis, TSA will notify the carrier if a take into consideration whether the ‘‘not-cleared’’ passenger is cleared for carrier was equipped to make the boarding or downgraded to ‘‘selectee’’ transmission and the circumstances of status based on the additional security the emergency situation; and analysis. No later than 30 minutes (iv) For an aircraft operating as an after the securing of the aircraft, the air ambulance in service of a medical carrier must transmit to the CBP sys- emergency, no later than 30 minutes tem a message reporting any pas- prior to arrival; in cases of non-compli- sengers who checked in but were not ance, CBP will take into consideration onboard the flight. The message must whether the carrier was equipped to identify the passengers by a unique make the transmission and the cir- identifier selected or devised by the cumstances of the emergency situa- carrier or by specific passenger data tion. (name) and may contain the unique (3) Information required. Except as identifiers or data for all passengers provided in paragraph (c) of this sec- onboard the flight or for only those tion, the electronic passenger arrival passengers who checked in but were manifest required under paragraph not onboard the flight. (b)(1) of this section must contain the (D) Combined use of interactive meth- following information for all pas- ods. If certified to do so, a carrier may sengers, except that the information make transmissions under both para- specified in paragraphs (b)(iv), (v), (x), graphs (b)(1)(ii)(B) and (C) of this sec- (xii), (xiii), and (xiv) of this section tion for a particular flight or for dif- must be included on the manifest only ferent flights. on or after October 4, 2005: (i) Full name (last, first, and, if (E) Certification. Before making any available, middle); required manifest transmissions under (ii) Date of birth; paragraph (b)(1)(ii)(B) or (C) of this sec- (iii) Gender (F = female; M = male); tion, a carrier must subject its elec- (iv) Citizenship; tronic transmission system to CBP (v) Country of residence; testing, and CBP must certify that the (vi) Status on board the aircraft; carrier’s system is then presently capa- (vii) Travel document type (e.g., P = ble of interactively communicating passport; A = alien registration card); with the CBP system for effective (viii) Passport number, if a passport transmission of manifest data and re- is required; ceipt of appropriate messages in ac- (ix) Passport country of issuance, if a cordance with those paragraphs. passport is required; (2) Place and time for submission. The (x) Passport expiration date, if a appropriate official specified in para- passport is required; graph (b)(1)(i) of this section (carrier) (xi) Alien registration number, where must transmit the arrival manifest or applicable; manifest data as required under para- (xii) Address while in the United graphs (b)(1)(i) and (ii) of this section States (number and street, city, state, to the CBP system (CBP Data Center, and zip code), except that this informa- CBP Headquarters), in accordance with tion is not required for U.S. citizens, the following: lawful permanent residents, or persons (i) For manifests transmitted under who are in transit to a location outside paragraph (b)(1)(ii)(A) or (B) of this the United States; section, no later than 30 minutes prior (xiii) Passenger Name Record loca- to the securing of the aircraft; tor, if available; (ii) For manifest information trans- (xiv) International Air Transport As- mitted under paragraph (b)(1)(ii)(C) of sociation (IATA) code of foreign port/

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place where transportation to the All-cargo flight. ‘‘All-cargo flight’’ United States began (foreign port means a flight in operation for the pur- code); pose of transporting cargo which has (xv) IATA code of port/place of first onboard only ‘‘crew members’’ and ‘‘non- arrival (arrival port code); crew members’’ as defined in this para- (xvi) IATA code of final foreign port/ graph. place of destination for in-transit pas- Carrier. In addition to the meaning sengers (foreign port code); set forth in § 122.49a(a), ‘‘carrier’’ in- (xvii) Airline carrier code; cludes each entity that is an ‘‘aircraft (xviii) Flight number; and operator’’ or ‘‘foreign air carrier’’ with a (xix) Date of aircraft arrival. security program under 49 CFR part (c) Exception. The electronic pas- 1544, 1546, or 1550 of the Transportation senger arrival manifest specified in Security Administration regulations. paragraph (b)(1) of this section is not Crew member. ‘‘Crew member’’ means a required for active duty U.S. military pilot, copilot, , airline personnel being transported as pas- management personnel authorized to sengers on arriving Department of De- travel in the cockpit, cabin crew, and fense commercial chartered aircraft. relief crew (also known as (d) Carrier responsibility for comparing ‘‘deadheading crew’’). However, for all information collected with travel docu- other purposes of immigration law and ment. The carrier collecting the infor- documentary evidence required under mation described in paragraph (b)(3) of the Immigration and Nationality Act this section is responsible for com- (8 U.S.C. 1101, et seq.), ‘‘crew member’’ paring the travel document presented (or ‘‘crewman’’) means a person serving by the passenger with the travel docu- onboard an aircraft in good faith in ment information it is transmitting to any capacity required for the normal CBP in accordance with this section in operation and service of the flight (8 order to ensure that the information is U.S.C. 1101(a)(10) and (a)(15)(D), as ap- correct, the document appears to be plicable). In addition, the definition of valid for travel to the United States, ‘‘crew member’’ applicable to this sec- and the passenger is the person to tion should not be applied in the con- whom the travel document was issued. text of other customs laws, to the ex- (e) Sharing of manifest information. In- tent this definition differs from the formation contained in the passenger meaning of ‘‘crew member’’ con- manifests required by this section that templated in such other customs laws. is received by CBP electronically may, Flight continuing within the United upon request, be shared with other States. ‘‘Flight continuing within the Federal agencies for the purpose of pro- United States’’ refers to the domestic tecting national security. CBP may leg of a flight operated by a foreign air also share such information as other- carrier that originates at a foreign port wise authorized by law. or place, arrives at a U.S. port, and then continues to a second U.S. port. [CBP Dec. 05–12, 70 FR 17852, Apr. 7, 2005, as Flight overflying the United States. amended by CBP Dec. 07–64, 72 FR 48342, Aug. ‘‘Flight overflying the United States’’ 23, 2007; CBP Dec. No. 09–02, 74 FR 2836, Jan. refers to a flight departing from a for- 16, 2009; CBP Dec. 09–14, 74 FR 25388, May 28, 2009] eign port or place that enters the terri- torial airspace of the U.S. en route to § 122.49b Electronic manifest require- another foreign port or place. ment for crew members and non- Non-crew member. ‘‘Non-crew member’’ crew members onboard commercial means air carrier employees and their aircraft arriving in, continuing family members and persons traveling within, and overflying the United onboard a commercial aircraft for the States. safety of the flight (such as an animal (a) Definitions. The definitions set handler when animals are onboard). forth below apply for purposes of this The definition of ‘‘non-crew member’’ is section. The definitions set forth in limited to all-cargo flights. (On a pas- § 122.49a(a), other than those for the senger or dual flight (passengers and terms set forth below, also apply for cargo), air carrier employees, their purposes of this section: family members, and persons onboard

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for the safety of the flight are consid- prior to departure from the U.S. port of ered passengers.) arrival; Territorial airspace of the United (B) For a flight not originally des- States. ‘‘Territorial airspace of the tined to arrive in the United States but United States’’ means the airspace over diverted to a U.S. port due to an emer- the United States, its territories, and gency, no later than 30 minutes prior possessions, and the airspace over the to arrival; in cases of noncompliance, territorial waters between the United CBP will take into consideration that States coast and 12 nautical miles from the carrier was not equipped to make the coast. the transmission and the cir- (b) Electronic arrival manifest—(1) Gen- cumstances of the emergency situa- eral requirement. Except as provided in tion; and paragraph (c) of this section, an appro- (C) For an aircraft operating as an priate official of each commercial air- air ambulance in service of a medical craft operating a flight arriving in or emergency, no later than 30 minutes overflying the United States, from a prior to arrival; foreign port or place, or continuing (ii) Certification. Except as provided within the United States after arriving in paragraph (c) of this section, the ap- at a U.S. port from a foreign port or propriate official, by transmitting the place, must transmit to Customs and manifest as required under paragraph Border Protection (CBP) an electronic (b)(1) of this section, certifies that the crew member manifest and, for all- flight’s crew members and non-crew cargo flights only, an electronic non- members are included, respectively, on crew member manifest covering any the master crew member list or master crew members and non-crew members non-crew member list previously sub- onboard. Each manifest must be trans- mitted to CBP in accordance with mitted to CBP at the place and time § 122.49c. If a crew member or non-crew specified in paragraph (b)(2) of this sec- member on the manifest is not also in- tion by means of an electronic data cluded on the appropriate master list, interchange system approved by CBP the flight may be, as appropriate, de- and must set forth the information nied clearance to depart, diverted from specified in paragraph (b)(3) of this sec- arriving in the United States, or denied tion. Where both a crew member mani- clearance to enter the territorial air- fest and a non-crew member manifest space of the United States. are required with respect to an all- (iii) Changes to manifest. The appro- cargo flight, they must be combined in priate official is obligated to make nec- one manifest covering both crew mem- essary changes to the crew member or bers and non-crew members. Where a non-crew member manifest after trans- passenger arrival manifest under mission of the manifest to CBP. Nec- § 122.49a and a crew member arrival essary changes include adding a name, manifest under this section are re- with other required information, to the quired, they must be transmitted sepa- manifest or amending previously sub- rately if the transmission is in US mitted information. If changes are sub- EDIFACT format. mitted less than 60 minutes before (2) Place and time for submission; cer- scheduled flight departure, the air car- tification; changes to manifest. (i) Place rier must receive approval from TSA and time for submission. The appropriate before allowing the flight to depart or official specified in paragraph (b)(1) of the flight may be, as appropriate, de- this section must transmit the elec- nied clearance to depart, diverted from tronic manifest required under para- arriving in the United States, or denied graph (b)(1) of this section to the CBP clearance to enter the territorial air- Data Center, CBP Headquarters: space of the United States. (A) With respect to aircraft arriving (3) Information required. The elec- in and overflying the United States, no tronic crew member and non-crew later than 60 minutes prior to depar- member manifests required under para- ture of the aircraft from the foreign graph (b)(1) of this section must con- port or place of departure, and with re- tain the following information for all spect to aircraft continuing within the crew members and non-crew members, United States, no later than 60 minutes except that the information specified

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in paragraphs (b)(iii), (v), (vi), (vii), Department of Defense that is arriving (xiii), (xv), and (xvi) of this section in the United States, the provisions of must be included on the manifest only this section apply regarding electronic on or after October 4, 2005: transmission of the manifest, except (i) Full name (last, first, and, if that: available, middle); (i) The manifest certification provi- (ii) Date of birth; sion of paragraph (b)(2)(ii) of this sec- (iii) Place of birth (city, state—if ap- tion is inapplicable; and plicable, country); (ii) The TSA manifest change ap- (iv) Gender (F = female; M = male); proval requirement of paragraph (v) Citizenship; (b)(2)(iii) of this section is inapplicable; (vi) Country of residence; (3) For crew members traveling on- (vii) Address of permanent residence; board an aircraft chartered by the U.S. (viii) Status on board the aircraft; Department of Defense that is con- (ix) Pilot certificate number and tinuing a flight within the United country of issuance (if applicable); States or overflying the United States, (x) Travel document type (e.g., P = the manifest is not required; passport; A = alien registration card); (4) For non-crew members traveling (xi) Passport number, if a passport is onboard an all-cargo flight chartered required; by the U.S. Department of Defense that (xii) Passport country of issuance, if is arriving in the United States, the a passport is required; manifest is not required, but the mani- (xiii) Passport expiration date, if a passport is required; fest requirement of § 122.49a applies to (xiv) Alien registration number, these persons, as, in this instance, they where applicable; are considered passengers on arriving (xv) Passenger Name Record locator, flights; and if available; (5) For non-crew members traveling (xvi) International Air Transport As- onboard an all-cargo flight chartered sociation (IATA) code of foreign port/ by the U.S. Department of Defense that place where transportation to the is continuing a flight within the United United States began or where the States or overflying the United States, transportation destined to the terri- the manifest is not required. torial airspace of the United States (d) Carrier responsibility for comparing began (foreign port code); information collected with travel docu- (xvii) IATA code of port/place of first ment. The carrier collecting the infor- arrival (arrival port code); mation described in paragraph (b)(3) of (xviii) IATA code of final foreign this section is responsible for com- port/place of destination for (foreign paring the travel document presented port code); by the crew member or non-crew mem- (xix) Airline carrier code; ber with the travel document informa- (xx) Flight number; and tion it is transmitting to CBP in ac- (xxi) Date of aircraft arrival. cordance with this section in order to (c) Exceptions. The electronic crew ensure that the information is correct, member or non-crew member manifest the document appears to be valid for requirement specified in paragraph travel to the United States, and the (b)(1) of this section is subject to the crew member or non-crew member is following conditions: the person to whom the travel docu- (1) Federal Aviation Administration ment was issued. (FAA) Inspectors with (e) Sharing of manifest information. In- valid credentials and authorization are formation contained in the crew mem- not subject to the requirement, but the ber and non-crew member manifests re- manifest requirement of § 122.49a ap- quired by this section that is received plies to these inspectors on flights ar- by CBP electronically may, upon re- riving in the United States, as they are quest, be shared with other Federal considered passengers on arriving agencies for the purpose of protecting flights; national security. CBP may also share (2) For crew members traveling on- such information as otherwise author- board an aircraft chartered by the U.S. ized by law.

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(f) Superseding amendments issued by (b) Changes to master lists. After the TSA. One or more of the requirements initial transmission of the master crew of this section may be superseded by member and non-crew member lists to specific provisions of, amendments to, CBP, the carrier is obligated to update or alternative procedures authorized by the lists as necessary. To add a name TSA for compliance with an aviation to either list, along with the required security program, emergency amend- information set forth in paragraph (c) ment, or security directive issued by of this section, or to add or change in- the TSA to an air carrier subject to 49 formation relative to a name already CFR part 1544, 1546, or 1550. The provi- submitted, the carrier must transmit sions or amendments will have super- the information to CBP at least 24 seding effect only for the air carrier to hours in advance of any flight the which issued and only for the period of added or subject crew member or non- time specified in the provision or crew member will be operating, serving amendment. on, or traveling on. A carrier must sub- mit deletions from the lists as expedi- [CBP Dec. 05–12, 70 FR 17852, Apr. 7, 2005] tiously as possible. (c) Master list information. The elec- § 122.49c Master crew member list and tronic master crew lists required under master non-crew member list re- paragraph (a) of this section must con- quirement for commercial aircraft arriving in, departing from, con- tain the following information with re- tinuing within, and overflying the spect to each crew member or non-crew United States. member that operates, serves on, or travels on a carrier’s flights that are (a) Air carriers General requirement. covered by this section except that the subject to the provisions of § 122.49b information specified in paragraphs and § 122.75b, with respect to the flights (c)(4), (5), (6), (7), and (10) of this sec- covered in those sections, must elec- tion must be included on the manifest tronically transmit to Customs and only on or after October 4, 2005: Border Protection (CBP), by means of (1) Full name (last, first, and, if an electronic data interchange system available, middle); approved by CBP, a master crew mem- (2) Gender; ber list and a master non-crew member (3) Date of birth; list containing the information set forth in paragraph (c) of this section (4) Place of birth (city, state—if ap- covering, respectively, all crew mem- plicable, and country); bers and non-crew members operating (5) Citizenship; and servicing its flights. The initial (6) Country of residence; transmission of a list must be made at (7) Address of permanent residence; least two days in advance of any flight (8) Passport number, if passport re- a crew member or non-crew member on quired; the list will be operating, serving on, (9) Passport country of issuance, if or traveling on and must contain the passport required; information set forth in paragraph (c) (10) Passport expiration date, if pass- of this section. After review of the port required; master crew list and the master non- (11) Pilot certificate number and crew list by TSA, TSA will advise the country of issuance, if applicable; carrier of any crew members or non- (12) Status onboard the aircraft. crew members that must be removed (d) Exception. The master crew mem- from the list. Only those persons on ber and non-crew member list require- the TSA-approved master crew and ments of this section do not apply to master non-crew lists will be permitted aircraft chartered by the U.S. Depart- to operate, serve on, or travel on ment of Defense. flights covered by this section. Until a (e) Superseding amendments issued by carrier becomes a participant in the TSA. One or more of the requirements CBP-approved electronic interchange of this section may be superseded by system, it must submit the required in- specific provisions of, amendments to, formation in a format provided by or alternative procedures authorized by TSA. TSA for compliance with an aviation

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security program, emergency amend- the carrier does not otherwise collect ment, or security directive issued by on its own and maintain in its elec- the TSA to an air carrier subject to the tronic reservation/departure control provisions of 49 CFR part 1544, 1546, or systems. 1550. The amendments will have super- (c) Required carrier system interface seding effect only for the air carrier to with Customs Data Center to facilitate which issued and only for the period of Customs retrieval of requested PNR data— time specified in the amendment. (1) Carrier requirements for interface with [CBP Dec. 05–12, 70 FR 17854, Apr. 7, 2005] Customs. Within the time specified in paragraph (c)(2) of this section, each § 122.49d Passenger Name Record air carrier must fully and effectively (PNR) information. interface its electronic reservation/de- (a) General requirement. Each air car- parture control systems with the U.S. rier, foreign and domestic, operating a Customs Data Center, Customs Head- passenger flight in foreign air transpor- quarters, in order to facilitate Customs tation to or from the United States, in- ability to retrieve needed Passenger cluding flights to the United States Name Record data from these elec- where the passengers have already been pre-inspected or pre-cleared at the for- tronic systems. To effect this interface eign location for admission to the U.S., between the air carrier’s electronic res- must, upon request, provide Customs ervation/departure control systems and with electronic access to certain Pas- the Customs Data Center, the carrier senger Name Record (PNR) informa- must: tion, as defined and described in para- (i) Provide Customs with an elec- graph (b) of this section. In order to tronic connection to its reservation readily provide Customs with such ac- system and/or departure control sys- cess to requested PNR information, tem. (This connection can be provided each air carrier must ensure that its directly to the Customs Data Center, electronic reservation/departure con- Customs Headquarters, or through a trol systems correctly interface with third party vendor that has such a con- the U.S. Customs Data Center, Cus- nection to Customs.); toms Headquarters, as prescribed in (ii) Provide Customs with the nec- paragraph (c)(1) of this section. essary airline reservation/departure (b) PNR information defined; PNR in- control systems’ commands that will formation that Customs may request—(1) PNR information defined. Passenger enable Customs to: Name Record (PNR) information refers (A) Connect to the carrier’s reserva- to reservation information contained tion/departure control systems; in an air carrier’s electronic reserva- (B) Obtain the carrier’s schedules of tion system and/or departure control flights; system that sets forth the identity and (C) Obtain the carrier’s passenger travel plans of each passenger or group flight lists; and of passengers included under the same (D) Obtain data for all passengers reservation record with respect to any listed for a specific flight; and flight covered by paragraph (a) of this (iii) Provide technical assistance to section. Customs as required for the continued (2) PNR data that Customs may request. full and effective interface of the car- The air carrier, upon request, must rier’s electronic reservation/departure provide Customs with electronic access control systems with the Customs Data to any and all PNR data elements re- Center, in order to ensure the proper lating to the identity and travel plans response from the carrier’s systems to of a passenger concerning any flight requests for data that are made by Cus- under paragraph (a) of this section, to the extent that the carrier in fact pos- toms. sesses the requested data elements in (2) Time within which carrier must its reservation system and/or departure interface with Customs Data Center to fa- control system. There is no require- cilitate Customs access to requested PNR ment that the carrier collect any PNR data. Any air carrier which has not information under this paragraph, that taken steps to fully and effectively

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interface its electronic reservation/de- chandise on the bill is less than $1,000, parture control systems with the Cus- the penalty shall be equal to the value toms Data Center must do so, as pre- of such merchandise. scribed in paragraphs (c)(1)(i)–(c)(1)(iii) (b) Any merchandise or baggage that of this section, within 30 days from the is taken into custody from an arriving date that Customs contacts the carrier carrier by any party under a Customs- and requests that the carrier effect authorized permit to transfer or in- such an interface. After being con- bond entry may remain in the custody tacted by Customs, if an air carrier de- of that party for 15 calendar days after termines it needs more than 30 days to receipt under such permit to transfer properly interface its automated data- or 15 calendar days after arrival at the base with the Customs Data Center, it port of destination. No later than 20 may apply in writing to the Assistant calendar days after receipt under the Commissioner, Office of Field Oper- permit to transfer or 20 calendar days ations (OFO) for an extension. Fol- after arrival under bond at the port of lowing receipt of the application, the destination, the party shall notify Cus- Assistant Commissioner, OFO, may, in toms of any such merchandise or bag- writing, allow the carrier an extension gage for which entry has not been of this period for good cause shown. made. Such notification shall be pro- The Assistant Commissioner’s decision vided in writing or by any appropriate as to whether and/or to what extent to Customs-authorized electronic data grant such an extension is within the interchange system. If the party fails sole discretion of the Assistant Com- to notify Customs of the unentered missioner and is final. merchandise or baggage in the allotted (d) Sharing of PNR information with time, he may be liable for the payment other Federal agencies. Passenger Name of liquidated damages under the terms Record information as described in and conditions of his custodial bond paragraph (b)(2) of this section that is (see § 113.63(c)(4) of this chapter). made available to Customs electroni- (c) In addition to the notification to cally may, upon request, be shared Customs required under paragraphs (a) with other Federal agencies for the and (b) of this section, the carrier (or purpose of protecting national security any other party to whom custody of (49 U.S.C. 44909(c)(5)). Customs may the unentered merchandise has been also share such data as otherwise au- transferred by a Customs authorized thorized by law. permit to transfer or in-bond entry) [T.D. 02–33, 67 FR 42712, June 25, 2002. Redes- shall provide notification of the pres- ignated by CBP Dec. 05–12, 70 FR 17852, Apr. ence of such unreleased and unentered 7, 2005] merchandise or baggage to a bonded warehouse certified by the port direc- § 122.50 General order merchandise. tor as qualified to receive general order (a) Any merchandise or baggage regu- merchandise. Such notification shall larly landed but not covered by a per- be provided in writing or by any appro- mit for its release shall be allowed to priate Customs-authorized electronic remain at the place of unlading until data interchange system and shall be the fifteenth calendar day after land- provided within the applicable 20-day ing. No later than 20 calendar days period specified in paragraph (a) or (b) after landing, the pilot or owner of the of this section. It shall then be the re- aircraft or the agent thereof shall no- sponsibility of the bonded warehouse tify Customs of any such merchandise proprietor to arrange for the transpor- or baggage for which entry has not tation and storage of the merchandise been made. Such notification shall be or baggage at the risk and expense of provided in writing or by any appro- the consignee. The arriving carrier (or priate Customs-authorized electronic other party to whom custody of the data interchange system. Failure to merchandise was transferred by the provide such notification may result in carrier under a Customs-authorized assessment of a monetary penalty of up permit to transfer or in-bond entry) is to $1,000 per bill of lading against the responsible for preparing a Customs pilot or owner of the aircraft or the Form (CF) 6043 (Delivery Ticket), or agent thereof. If the value of the mer- other similar Customs document as

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designated by the port director or an exported or destroyed (see § 127.28 of electronic equivalent as authorized by this chapter), or for other good cause, Customs, to cover the proprietor’s re- the goods will remain in the custody of ceipt of the merchandise and its trans- the arriving carrier or other party to port to the warehouse from the custody whom the goods have been transferred of the arriving carrier (or other party under a Customs-authorized permit to to whom custody of the merchandise transfer or in-bond entry. In this event, was transferred by the carrier under a the carrier or other party will be re- Customs-authorized permit to transfer sponsible under bond for exporting or or in-bond entry) (see § 19.9 of this chap- destroying the goods, as necessary (see ter). Any unentered merchandise or §§ 113.63(c)(3) and 113.64(b) of this chap- baggage shall remain the responsibility ter). of the carrier, pilot, or person in (f) In ports where there is no bonded charge of the importing aircraft, or the warehouse authorized to accept general agent thereof, or party to whom the order merchandise, or if merchandise merchandise has been transferred requires specialized storage facilities under a Customs authorized permit to that are unavailable in a bonded facil- transfer or in-bond entry, until it is ity, the port director, after having re- properly transferred from his control ceived notice of the presence of in accordance with this paragraph. If unentered merchandise or baggage in the party to whom custody of the accordance with the provisions of this unentered merchandise or baggage has section, shall direct the storage of the been transferred by a Customs-author- merchandise by the carrier or by any ized permit to transfer or in-bond entry other appropriate means. fails to notify a Customs-approved (g) Merchandise taken into the cus- bonded warehouse of such merchandise tody of the port director pursuant to or baggage within the applicable 20-cal- section 490(b), Tariff Act of 1930, as endar-day period, he may be liable for amended (19 U.S.C. 1490(b)), shall be the payment of liquidated damages of sent to a general order warehouse after $1,000 per bill of lading under the terms 1 day after the day the aircraft arrived, and conditions of his international car- to be held there at the risk and expense rier or custodial bond (see §§ 113.63(b), of the consignee. 113.63(c) and 113.64(b) of this chapter). [T.D. 98–74, 63 FR 51288, Sept. 25, 1998, as (d) If the carrier or any other party amended by T.D. 02–65, 67 FR 68033, Nov. 8, to whom custody of the unentered mer- 2002] chandise has been transferred by a Cus- toms-authorized permit to transfer or Subpart F—International Traffic in-bond entry fails to timely relinquish Permit custody of the merchandise to a Cus- toms-approved bonded General Order § 122.51 Aircraft of domestic origin warehouse, the carrier or other party registered in the U.S. may be liable for liquidated damages After Customs inspection of the air- equal to the value of that merchandise craft, passengers, baggage and mer- under the terms and conditions of his chandise at the entry airport, commer- international carrier or custodial bond, cial aircraft of domestic origin reg- as applicable. istered in the U.S. may be allowed to (e) If the bonded warehouse operator proceed to other airports in the U.S. fails to take possession of unentered without permit. and unreleased merchandise or baggage within five calendar days after receipt § 122.52 Aircraft of foreign origin reg- of notification of the presence of such istered in the U.S. merchandise or baggage under this sec- (a) Application. This section applies tion, he may be liable for the payment to commercial aircraft (as defined in of liquidated damages under the terms § 122.1(d)) of foreign origin registered in and conditions of his custodial bond the U.S. and arriving in the U.S. from (see § 113.63(a)(1) of this chapter). If the a foreign area. port director finds that the warehouse (b) Aircraft entered as an imported arti- proprietor cannot accept the goods be- cle. If an aircraft covered by this sec- cause they are required by law to be tion is entered as an imported article,

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and any applicable duty for the aircraft any salvageable part of it is not ex- has been paid on a prior arrival, it may ported, then: be allowed to proceed as other than an (A) Entry is required to be made for imported article. In this instance, the the damaged aircraft or any salvage- aircraft commander must file a dec- able part of it; and laration that states the: (B) A duty payment, if applicable, (1) Port where entry was made; based on the condition of the aircraft (2) Date duty, if any, was paid; and following the accident, is required. (3) Number of the entry. (c) Aircraft not entered as imported ar- § 122.53 Aircraft of foreign registry ticle—(1) Treatment as other than an im- chartered or leased to U.S. air car- riers. ported article. A commercial aircraft covered by this section which has not Aircraft of foreign registry leased or been entered as an imported article chartered to a U.S. air carrier, while may travel from airport to airport in being operated by the U.S. air carrier the U.S. without payment of duty. under the provisions of the Federal Each commercial aircraft shall proceed Aviation Administration regulations under a permit on Customs Form 7507 (14 CFR 121.153), shall be treated as or 7509, as provided in § 122.54. Treat- U.S. registered aircraft for purposes of ment of the aircraft as other than an this subpart. imported article shall continue for so long as the aircraft: § 122.54 Aircraft of foreign registry. (i) Is used only for commercial pur- (a) Application. For any commercial poses between the U.S. and foreign aircraft of foreign registry arriving in areas; and the U.S., the aircraft commander or (ii) Will leave the U.S. for a foreign agent shall file for an international destination in commercial use or car- traffic permit when the aircraft; rying neither passengers nor cargo. (1) Is not an imported article; and (2) Treatment as an imported article. (2) Is ferried (proceeds carrying nei- Any aircraft covered by this section ther passengers nor cargo) from the which was not entered as an imported airport of first arrival to one or more article shall make entry if it: airports in the U.S. (For permit to pro- (i) Is withdrawn from commercial use ceed with residue cargo, passengers, or between the U.S. and foreign areas; or crewmembers for discharge in the U.S., (ii) Is used in the U.S. in a way not see subpart I of this part). reasonably related to efficient com- (b) International traffic permit. The mercial use of the aircraft between the international traffic permit shall be U.S. and foreign areas. filed on Customs Form 7507 by the car- (3) Aircraft damage and duty pay- rier or its agent. Customs Form 7509 ment—(i) Substantial damage to commer- may be used if the aircraft arrives di- cial aircraft. If an accident causes sub- rectly from Canada on a flight begin- stantial damage to a commercial air- ning in Canada and ending in the U.S. craft, no entry or duty payment is re- Either form shall show the following quired for any part of the wreckage. information and must be approved by (ii) Less than substantial damage and the appropriate Customs officer: export. If an accident does not cause (1) Type of aircraft; substantial damage to a commercial (2) Nationality and registration num- aircraft, salvageable parts of the ber of aircraft; wrecked aircraft may be exported. In (3) Name and country of aircraft this circumstance, the aircraft, as a manufacturer; whole or in part, is not considered to (4) Name of aircraft commander; be withdrawn from commerical use and (5) Country from which aircraft ar- is not subject to entry or to duty as rived; imported merchandise. (6) Name and location of airport (iii) Less than substantial damage and where international traffic permit is no export. If an accident does not cause issued; substantial damage to a commercial (7) Date international traffic permit aircraft and the wrecked aircraft or is issued;

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(8) Name and location of airport to (b) Any aircraft used by members of which aircraft is proceeding; air travel clubs are required to clear, (9) Purpose of stay in the U.S.; and foreign aircraft traveling under a (10) Signature of Customs officer giv- permit to proceed shall also clear. ing permit. (c) Permit on board. The international [T.D. 88–12, 53 FR 9292, Mar. 22, 1988, as amended at CBP Dec. 08-43, 73 FR 68313, Nov. traffic permit shall be kept on board 18, 2008] the aircraft while in the U.S. (d) Intermediate airports. For each air- § 122.62 Aircraft not otherwise re- port at which the aircraft lands, the quired to clear. Customs officer, or airport manager if there is no Customs officer present, (a) Bureau of the Census. Under Bu- shall note the following information on reau of the Census Regulations (15 CFR the permit: part 30), aircraft not required to clear (1) Name and location of the airport; by § 122.61 shall obtain permission to (2) Date and arrival time; depart if carrying merchandise from (3) Purpose of the visit; the U.S. to Puerto Rico or from Puerto (4) Name and location of the next air- Rico to the U.S. port to be visited; and (b) Bureau of Industry and Security. (5) Date and time of departure. Aircraft leaving the U.S. for a foreign (e) Final airport. The international area must be cleared by Customs if a traffic permit shall be given to the Cus- validated license from the Bureau of toms officer in charge at the airport of Industry and Security (Department of final clearance for a foreign destina- Commerce) is required for the aircraft tion. Before clearance is given, the under the Export Administration Regu- Customs officer shall make sure that lations (15 CFR parts 730 through 774). the aircraft was properly inspected by Aircraft are not required to clear if the Customs in the U.S. Secretary of Commerce issues a permit (f) Port of issue. The international allowing departure without clearance. traffic permit shall be returned after (c) Department of State. Aircraft not final clearance to the director of the covered by Export Administration Reg- port where the permit was issued, to be ulations are subject to the Department kept on file. of State export licensing authority as (g) Enforcement. Once the permit to set out in 22 CFR parts 121 and 123. proceed has been issued for an aircraft, Such aircraft may depart from the U.S. the director of the port of issue must only with the proper Department of receive notice that the aircraft has State license. made final clearance. If notice is not [T.D. 88–12, 53 FR 9292, Mar. 22, 1988, as received within 60 days, the port direc- amended by T.D. 93–61, 58 FR 41425, Aug. 4, tor shall report the matter to the Cus- 1993; CBP Dec. 04–28, 69 FR 52599, Aug. 27, toms agent in charge of the area for in- 2004; 69 FR 54179, Sept. 2, 2004] vestigation. § 122.63 Scheduled airlines. Subpart G—Clearance of Aircraft The aircraft commander or agent and Permission To Depart shall request clearance or permission to depart for aircraft of scheduled air- § 122.61 Aircraft required to clear. lines covered by this subpart. (a) Private aircraft leaving the (a) Clearance at other than airport of United States as defined in § 122.22, for final departure. Aircraft may clear at a foreign area are required to clear as each airport where merchandise and/or set forth in § 122.26. All other aircraft, passengers are taken on board for except for public aircraft leaving the transport outside of the U.S. The clear- United States for a foreign area, are re- ance applies only to the merchandise quired to clear if: and passengers boarding at each place. (1) Carrying passengers and/or mer- Clearance shall be requested at the chandise for hire; or Customs port of entry (regardless of (2) Taking aboard or discharging pas- whether it is an international airport) sengers and/or merchandise for hire in nearest to the place where merchandise a foreign area. and/or passengers are taken on board.

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(b) Clearance at final departure airport. (i) Passengers for hire; or Clearance or permission to depart may (ii) Non-commercial cargo for which be requested at the Customs port of Shipper’s Export Declarations are not entry (regardless of whether it is an required. international airport) nearest the last (2) If not cleared by telephone, an air departure airport. cargo manifest containing the fol- lowing statement, signed by the air- § 122.64 Other aircraft. craft commander or agent, shall be Clearance or permission to depart submitted to Customs: shall be requested by the aircraft com- mander or agent for aircraft covered by I declare to the best of my knowledge and belief that there is no cargo on board this this subpart other than those of sched- aircraft. uled airlines. The request must be Signature llllllllllllllllll made to the director of the port of (Aircraft Commander or Agent) entry (regardless of whether it is an international airport) nearest the final (b) Timeliness. The request for tele- departure airport. phone clearance must be received by the Customs officer in charge with suf- § 122.65 Failure to depart. ficient time remaining before depar- Once an aircraft has been cleared or ture to ensure that Customs may un- given permission to depart it must de- dertake any necessary examination of part within 72 hours. The aircraft com- the aircraft and cargo. mander or agent shall report promptly (c) Documentation. If clearance is to the port director if departure is de- granted by telephone, the aircraft com- layed beyond or cancelled within 72 mander is not required to file the docu- hours after the aircraft received clear- ments required by this subpart. ance or permission to depart. § 122.72 Aircraft departing with com- § 122.66 Clearance or permission to de- mercial export cargo. part denied. If an aircraft with export cargo If advance electronic air cargo infor- leaves the U.S. for any foreign area, a mation is not received as provided in general declaration, if required, an air § 192.14 of this chapter, Customs and cargo manifest and any required Ship- Border Protection may deny clearance per’s Export Declarations, shall be filed or permission for the aircraft to depart in accordance with this subpart for all from the United States. cargo on the aircraft, and for the air- [CBP Dec. 03–32, 68 FR 68173, Dec. 5, 2003] craft itself if exported as merchandise. See § 122.79 for special requirements re- Subpart H—Documents Required garding shipments to U.S. possessions. for Clearance and Permission § 122.73 General declaration and air To Depart; Electronic Manifest cargo manifest. Requirements for Passengers, (a) General declaration—(1) Form. The Crew Members, and Non- general declaration shall be on Cus- Crew Members Onboard toms Form 7507 and shall show all in- Commercial Aircraft Depart- formation required. ing From the United States (2) Preparation and filing. The aircraft commander or agent shall file two cop- § 122.71 Aircraft departing with no ies of the general declaration with Cus- commercial export cargo. toms at the departure airport. (a) Application. This section applies (3) Exception. A general declaration to aircraft departing for foreign terri- shall not be required if the air cargo tory with no export cargo, but not to manifest, Customs Form 7509, contains those aircraft which are themselves the statement shown in paragraph (b) being exported. of this section. (1) Such aircraft may clear by tele- (b) Air cargo manifest—(1) Form. The phone in advance with the director of air cargo manifest shall be on Customs the port of departure if departing Form 7509, and shall show all informa- empty or carrying only: tion required. If a general declaration

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is not presented, the following state- state of war exists between foreign na- ment, signed by the aircraft com- tions; or mander or agent, shall appear on the (2) If the aircraft is departing on a form: flight from the U.S. directly or indi- I declare that all statements contained in rectly to a foreign country listed in this manifest, including the account of the § 4.75 of this chapter. cargo on board this aircraft, are complete, In both cases, a complete air cargo exact, and true to the best of my knowledge. manifest and all required Shipper’s Ex- Signature llllllllllllllllll port Declarations shall be filed with (Aircraft Commander or Agent) the port director before the aircraft (2) Preparation and filing. The aircraft will be cleared. commander or agent shall file two cop- (c) Filing under bond. An incomplete ies of the air cargo manifest with the set of documents may be filed only Customs at the departure airport. when accompanied by the proper bond. Three copies of the air cargo manifest Under the bond, a complete set of docu- shall be filed if the aircraft is covered ments shall be filed within whichever by § 122.77(b). The air cargo manifest of the following time periods is appro- must be filed in: priate: (i) Complete form, with all required (1) Shipments to foreign countries. All Shipper’s Export Declarations (see required Shipper’s Export Declarations § 122.75); or and a complete air cargo manifest shall (ii) Incomplete form (pro forma) be filed by the airline not later than under § 122.74. the fourth business day after clearance § 122.74 Incomplete (pro forma) mani- (when clearance is required) or depar- fest. ture (when clearance is not required) of (a) Application—(1) Shipments to for- the aircraft. eign countries. Except for aircraft bound (2) Shipments to and from Puerto Rico. for foreign locations referred to in For shipments from the U.S. to Puerto paragraph (b) of this section, clearance, Rico, the complete manifest (when re- or permission to depart may be given quired) and all required Shipper’s Ex- to an aircraft bound for a foreign loca- port Declarations shall be filed not tion by the Customs at the departure later than the seventh business day airport before a complete manifest or after arrival into Puerto Rico. For all required Shipper’s Export Declara- shipments from Puerto Rico to the tions have been filed, if a proper bond U.S., the complete manifest (when re- is filed on Customs Form 301, con- quired) and all required Shipper’s Ex- taining the bond conditions set forth in port Declarations shall be filed not subpart G of part 113 of this chapter. later than the seventh business day (2) Shipments to Puerto Rico. As pro- after departure from Puerto Rico. vided in § 122.79(b), any required air (3) Shipments to U.S. possessions. For cargo manifest or Shipper’s Export shipments between the U.S. or Puerto Declarations for direct flights between Rico and possessions of the U.S., a the U.S. and Puerto Rico shall be filed complete manifest and all required with the appropriate Customs officer Shipper’s Export Declarations shall be upon arrival in Puerto Rico. If any re- filed by the airline not later than the quired manifest or Shipper’s Export seventh business day after departure. Declarations are not filed with the ap- propriate Customs officer within one See § 122.79. business day after arrival in Puerto (d) Declaration required. A declaration Rico, a proper bond shall be filed at shall be made on the incomplete mani- that time on Customs Form 301, con- fest that: taining the bond conditions set forth in (1) All required documents will be subpart G of part 113 of this chapter. filed within the 4-day bond period; or (b) Exceptions. An incomplete mani- (2) All required documents will be fest will not be accepted: filed within the 7-day bond period. (1) During any time covered by a proclamation of the President that a

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Once all documents have been filed, a Airline lllllllllllllllllll statement as required by § 122.75(b) Authorized Agent llllllllllllll shall be made. § 122.75a Electronic manifest require- [T.D. 88–12, 53 FR 9292, Mar. 22, 1988, as ment for passengers onboard com- amended by T.D. 93–61, 58 FR 41425, Aug. 4, 1993] mercial aircraft departing from the United States. § 122.75 Complete manifest. (a) Definitions. The definitions set (a) Contents. A complete air cargo forth in § 122.49a(a) also apply for pur- manifest shall list all cargo laden, and poses of this section. show for each item the air waybill (b) Electronic departure manifest—(1) number, or marks and numbers on General—(i) Basic requirement. Except as packages and the type of goods carried. provided in paragraph (c) of this sec- If an item does not require a Shipper’s tion, an appropriate official of each Export Declaration, it shall be noted commercial aircraft (carrier) departing on the air cargo manifest. from the United States en route to any (1) Shipments on an air waybill. A copy port or place outside the United States of each air waybill on which shipments must transmit to the Advance Pas- are listed may be attached to the air senger Information System (APIS; re- cargo manifest, and the number of the air waybill may be listed on the air ferred to in this section as the Customs cargo manifest. The statement ‘‘Cargo and Border Protection (CBP) system), as per Air Waybill Attached’’ must ap- the electronic data interchange system pear on the air cargo manifest if this is approved by CBP for such trans- done. missions, an electronic passenger de- (2) Direct departure. This subsection parture manifest covering all pas- applies only to direct departures of sengers checked in for the flight. A shipments requiring a Shipper’s Export passenger manifest must be trans- Declaration. A copy of each declaration mitted separately from a crew member may be attached to the air cargo mani- manifest required under § 122.75b if fest, and the number of each declara- transmission is in U.S. EDIFACT for- tion shall be listed on the air cargo mat. The passenger manifest must be manifest in the column for air waybill transmitted to the CBP system at the numbers. The statement ‘‘Cargo as per place and time specified in paragraph Export Declarations Attached’’ must (b)(2) of this section, in the manner set appear on the manifest if this is done. forth under paragraph (b)(1)(ii) of this (b) Statement required. (1) When all re- section. quired documents are ready for filing, (ii) Transmission of manifests. A car- the following statement must appear rier required to make passenger depar- on the air cargo manifest, or on the ture manifest transmissions to the general declaration form if an air cargo CBP system under paragraph (b)(1)(i) of manifest is not required: this section must make the required Attached Shipper’s Export Declarations transmissions covering all passengers represent a full and complete enumeration checked in for the flight in accordance and description of the cargo carried in this with either paragraph (b)(1)(ii)(A), (B), flight except that listed on the cargo mani- fest. (C), or (D) of this section, as follows: (A) Non-interactive batch transmission (2) If an incomplete set of documents option. A carrier that chooses not to has been filed and is later completed, transmit required passenger manifests the following statement shall accom- by means of a CBP-certified interactive pany the Shipper’s Export Declarations electronic transmission system under and any required air cargo manifests: paragraph (b)(1)(ii)(B), (C), or (D) of Attached Shipper’s Export Declarations this section must make batch manifest represent a full and complete enumeration transmissions in accordance with this and description of the cargo carried on air- paragraph (b)(1)(ii)(A) by means of a craft No. llll, Flight No. llll cleared direct for llll, on llll except cargo non-interactive electronic trans- listed on any cargo manifest required to be mission system approved by CBP. The filed for such flight. carrier may make a single, complete

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batch manifest transmission con- for the flight. In the case of connecting taining the data required under para- passengers arriving at the connecting graph (b)(3) of this section for all pas- airport already in possession of board- sengers checked in for the flight or two ing passes for a flight departing from or more partial batch manifest trans- the United States whose data have not missions, each containing the required been collected by the carrier, the car- data for the identified passengers and rier must transmit required manifest which together cover all passengers data for these passengers when they ar- checked in for the flight. After receipt rive at the gate, or some other suitable of the manifest information, the CBP place designated by the carrier, for the system will perform an initial security flight. After receipt of the manifest in- vetting of the data and send to the car- formation, the CBP system will per- rier by a non-interactive transmission form an initial security vetting of the method a ‘‘not-cleared’’ instruction for data and send to the carrier by inter- passengers identified as requiring addi- active electronic transmission, as ap- tional security analysis and a ‘‘se- propriate, a ‘‘cleared’’ instruction for lectee’’ instruction for passengers re- passengers not matching against the quiring secondary screening (e.g., addi- watch list, a ‘‘not-cleared’’ instruction tional examination of the person and/or for passengers identified as requiring his baggage) under applicable Trans- additional security analysis, and a ‘‘se- portation Security Administration lectee’’ instruction for passengers who (TSA) requirements. The carrier must require secondary screening (e.g., addi- designate as a selectee any passenger ‘‘ ’’ tional examination of the person and/or so identified during initial security his baggage) under applicable TSA re- vetting, in accordance with applicable quirements. The carrier must designate TSA requirements. The carrier must as a selectee any passenger so identi- not issue a boarding pass to, or load ‘‘ ’’ the baggage of, any passenger subject fied during initial security vetting, in accordance with applicable TSA re- to the ‘‘not-cleared’’ instruction and must contact the Transportation Secu- quirements. The carrier must not issue rity Administration (TSA) to seek res- a boarding pass to, or load the baggage olution of the ‘‘not-cleared’’ instruction of, any passenger subject to a ‘‘not- by providing, if necessary, additional cleared’’ instruction and, in the case of relevant information relative to the connecting passengers (as described in ‘‘not-cleared’’ passenger. TSA will no- this paragraph), the carrier must not tify the carrier if a ‘‘not-cleared’’ pas- board or load the baggage of any such senger is cleared for boarding or down- passenger until the CBP system re- graded to ‘‘selectee’’ status based on the turns a ‘‘cleared’’ or ‘‘selectee’’ response additional security analysis. for that passenger. Where a ‘‘selectee’’ (B) Interactive batch transmission op- instruction is received for a connecting tion. A carrier, upon obtaining CBP passenger, the carrier must ensure that certification, in accordance with para- such passenger undergoes secondary graph (b)(1)(ii)(E) of this section, may screening before boarding. The carrier make manifest transmissions by means must seek resolution of a ‘‘not-cleared’’ of an interactive electronic trans- instruction by contacting TSA and pro- mission system configured for batch viding, if necessary, additional rel- transmission of data and receipt from evant information relative to the ‘‘not- the CBP system of appropriate mes- cleared’’ passenger. Upon completion of sages. A carrier operating under this the additional security analysis, TSA paragraph must make manifest trans- will notify the carrier if a ‘‘not-cleared’’ missions by transmitting a single, passenger is cleared for boarding or complete batch manifest containing downgraded to ‘‘selectee’’ status based the data required under paragraph on the additional security analysis. No (b)(3) of this section for all passengers later than 30 minutes after the secur- checked in for the flight or two or ing of the aircraft, the carrier must more partial batch manifests, each transmit to the CBP system a message containing the required data for the reporting any passengers who checked identified passengers and which to- in but were not onboard the flight. The gether cover all passengers checked in message must identify the passengers

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by a unique identifier selected or de- ceived for a connecting passenger, the vised by the carrier or by specific pas- carrier must ensure that such pas- senger data (name) and may contain senger undergoes secondary screening the unique identifiers or data for all before boarding. The carrier must seek passengers onboard the flight or for resolution of a ‘‘not-cleared’’ instruc- only those passengers who checked in tion by contacting TSA and providing, but were not onboard the flight. if necessary, additional relevant infor- (C) Interactive individual passenger in- mation relative to the ‘‘not-cleared’’ formation transmission option. A carrier, passenger. Upon completion of the ad- upon obtaining CBP certification, in ditional security analysis, TSA will no- accordance with paragraph (b)(1)(ii)(E) tify the carrier if a ‘‘not-cleared’’ pas- of this section, may make manifest senger is cleared for boarding or down- transmissions by means of an inter- graded to ‘‘selectee’’ status based on the active electronic transmission system additional security analysis. No later configured for transmitting individual than 30 minutes after the securing of passenger data for each passenger and the aircraft, the carrier must transmit for receiving from the CBP system ap- to the CBP system a message reporting propriate messages. A carrier operating any passengers who checked in but under this paragraph must make such were not onboard the flight. The mes- transmissions as individual passengers sage must identify the passengers by a check in for the flight or, in the case of unique identifier selected or devised by connecting passengers arriving at the the carrier or by specific passenger connecting airport already in posses- data (name) and may contain the sion of boarding passes for a flight de- unique identifiers or data for all pas- parting from the United States whose sengers onboard the flight or for only data have not been collected by the those passengers who checked in but carrier, as these connecting passengers were not onboard the flight. arrive at the gate, or some other suit- (D) Combined use of interactive meth- able place designated by the carrier for ods. If certified to do so, a carrier may the flight. With each transmission of make transmissions under both para- manifest information by the carrier, graphs (b)(1)(ii)(B) and (C) of this sec- the CBP system will perform an initial tion for a particular flight or for dif- security vetting of the data and send to ferent flights. the carrier by interactive electronic transmission, as appropriate, a (E) Certification. Before making any required manifest transmissions under ‘‘cleared’’ instruction for passengers not matching against the watch list, a paragraph (b)(1)(ii)(B) or (C) of this sec- ‘‘not-cleared’’ instruction for passengers tion, a carrier must subject its elec- identified during initial security vet- tronic transmission system to CBP ting as requiring additional security testing, and CBP must certify that the analysis, and a ‘‘selectee’’ instruction carrier’s system is then presently capa- for passengers requiring secondary ble of interactively communicating screening (e.g., additional examination with the CBP system for effective of the person and/or his baggage) under transmission of manifest data and re- applicable TSA requirements. The car- ceipt of appropriate messages under rier must designate as a ‘‘selectee’’ any those paragraphs. passenger so identified during initial (2) Place and time for submission. The security vetting, in accordance with appropriate official specified in para- applicable TSA requirements. The car- graph (b)(1)(i) of this section (carrier) rier must not issue a boarding pass to, must transmit the departure manifest or load the baggage of, any passenger or manifest data as required under subject to a ‘‘not-cleared’’ instruction paragraphs (b)(1)(i) and (ii) of this sec- and, in the case of connecting pas- tion to the CBP system (CBP Data Cen- sengers (as described in this para- ter, CBP Headquarters), in accordance graph), must not board or load the bag- with the following: gage of any such passenger until the (i) For manifests transmitted under CBP system returns a ‘‘cleared’’ or ‘‘se- paragraph (b)(1)(ii)(A) and (B) of this lectee’’ response for that passenger. section, no later than 30 minutes prior Where a ‘‘selectee’’ instruction is re- to the securing of the aircraft; 741

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(ii) For manifest information trans- correct, the document appears to be mitted under paragraph (b)(1)(ii)(C) of valid for travel purposes, and the pas- this section, no later than the securing senger is the person to whom the travel of the aircraft; and document was issued. (iii) For an aircraft operating as an (e) Sharing of manifest information. In- air ambulance in service of a medical formation contained in the passenger emergency, no later than 30 minutes manifest required under this section after departure. that is received by CBP electronically (3) Information required. The elec- may, upon request, be shared with tronic passenger departure manifest re- other Federal agencies for the purpose quired under paragraph (b)(1) of this of protecting national security. CBP section must contain the following in- may also share such information as formation for all passengers, except otherwise authorized by law. that the information specified in para- [CBP Dec. 05–12, 70 FR 17855, Apr. 7, 2005, as graphs (b)(3)(iv), (ix), and (xi) of this amended by CBP Dec. 07–64, 72 FR 48344, Aug. section must be included on the mani- 23, 2007] fest only on or after October 4, 2005: (i) Full name (last, first, and, if § 122.75b Electronic manifest require- available, middle); ment for crew members and non- (ii) Date of birth; crew members onboard commercial (iii) Gender (F = female; M = male); aircraft departing from the United (iv) Citizenship; States. (v) Status on board the aircraft; (a) Definitions. The definitions set (vi) Travel document type (e.g., P = forth in § 122.49a(a) also apply for pur- passport; A = alien registration card); poses of this section, except that the (vii) Passport number, if a passport is definitions of ‘‘all-cargo flight,’’ ‘‘car- required; rier,’’ ‘‘crew member,’’ and ‘‘non-crew (viii) Passport country of issuance, if member’’ applicable to this section are a passport is required; found in § 122.49b(a). (ix) Passport expiration date, if a (b) Electronic departure manifest—(1) passport is required; General requirement. Except as provided (x) Alien registration number, where in paragraph (c) of this section, an ap- applicable; propriate official of each commercial (xi) Passenger Name Record locator, aircraft departing from the United if available; States to any port or place outside the (xii) International Air Transport As- United States must transmit to Cus- sociation (IATA) departure port code; toms and Border Protection (CBP) an (xiii) IATA code of port/place of final electronic crew member departure arrival (foreign port code); manifest and, for all-cargo flights only, (xiv) Airline carrier code; an electronic non-crew member depar- (xv) Flight number; and ture manifest covering any crew mem- (xvi) Date of aircraft departure. bers and non-crew members onboard. (c) Exception. The electronic pas- Each manifest must be transmitted to senger departure manifest specified in CBP at the place and time specified in paragraph (b)(1) of this section is not paragraph (b)(2) of this section by required for active duty military per- means of an electronic data inter- sonnel traveling as passengers on board change system approved by CBP and a departing Department of Defense must set forth the information speci- commercial chartered aircraft. fied in paragraph (b)(3) of this section. (d) Carrier responsibility for comparing Where both a crew member departure information collected with travel docu- manifest and a non-crew member de- ment. The carrier collecting the infor- parture manifest are required for an mation described in paragraph (b)(3) of all-cargo flight, they must be combined this section is responsible for com- in one departure manifest covering paring the travel document presented both crew members and non-crew mem- by the passenger with the travel docu- bers. Where a passenger departure ment information it is transmitting to manifest under § 122.75a and a crew CBP in accordance with this section in member departure manifest under this order to ensure that the information is section are required, they must be

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transmitted separately if the trans- (ii) Date of birth; mission is in US EDIFACT format. (iii) Place of birth (city, state—if ap- (2) Place and time for submission; cer- plicable, country); tification; change to manifest. (i) Place (iv) Gender (F = female; M = male); and time for submission. The appropriate (v) Citizenship; official specified in paragraph (b)(1) of (vi) Address of permanent residence; this section must transmit the elec- (vii) Status on board the aircraft; tronic departure manifest required (viii) Pilot certificate number and under paragraph (b)(1) of this section country of issuance (if applicable); to the CBP Data Center, CBP Head- (ix) Travel document type (e.g., P = quarters, no later than 60 minutes prior passport; A = alien registration card); to departure of the aircraft, except (x) Passport number, if a passport is that for an air ambulance in service of required; a medical emergency, the manifest (xi) Passport country of issuance, if a must be transmitted to CBP no later passport is required; than 30 minutes after departure. (xii) Passport expiration date, if a (ii) Certification. Except as provided passport is required; in paragraph (c) of this section, the ap- (xiii) Alien registration number, propriate official, by transmitting the where applicable; manifest as required under paragraph (xiv) Passenger Name Record locator, (b)(1) of this section, certifies that the if available; flight’s crew members and non-crew (xv) International Air Transport As- members are included, respectively, on sociation (IATA) departure port code; the master crew member list or master (xvi) IATA code of port/place of final non-crew member list previously sub- arrival (foreign port code); mitted to CBP in accordance with (xvii) Airline carrier code; § 122.49c. If a crew member or non-crew (xviii) Flight number; and member on the manifest is not also in- (xix) Date of aircraft departure. cluded on the appropriate master list, (c) Exceptions. The electronic depar- the flight may be denied clearance to ture manifest requirement specified in depart. paragraph (b)(1) of this section is sub- (iii) Changes to manifest. The appro- ject to the following conditions: priate official is obligated to make nec- (1) Federal Aviation Administration essary changes to the crew member or (FAA) Aviation Safety Inspectors with non-crew member departure manifest valid credentials and authorization are after transmission of the manifest to not subject to the requirement, but the CBP. Necessary changes include adding manifest requirement of § 122.75a ap- a name, with other required informa- plies to these inspectors, as they are tion, to the manifest or amending pre- considered passengers on departing viously submitted information. If flights; changes are submitted less than 60 (2) For crew members traveling on- minutes before scheduled flight depar- board departing aircraft chartered by ture, the air carrier must receive ap- the U.S. Department of Defense, the proval from TSA before allowing the provisions of this section apply regard- flight to depart or the flight may be de- ing electronic transmission of the nied clearance to depart. manifest, except that: (3) Information required. The elec- (i) The manifest certification provi- tronic crew member and non-crew sion of paragraph (b)(2)(ii) of this sec- member departure manifests required tion is inapplicable; and under paragraph (b)(1) of this section (ii) The TSA manifest change ap- must contain the following informa- proval requirement of paragraph tion for all crew members and non-crew (b)(2)(iii) of this section is inapplicable; members, except that the information and specified in paragraphs (b)(iii), (v), (vi), (3) For non-crew members traveling (xii), and (xiv) of this section must be onboard a departing all-cargo flight included on the manifest only on or chartered by the U.S. Department of after October 4, 2005: Defense, the manifest is not required, (i) Full name (last, first, and, if but the manifest requirement of available, middle); § 122.75a applies to these persons, as, in

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this instance, they are considered pas- port director of the departure airport sengers on departing flights. any Shipper’s Export Declarations re- (d) Carrier responsibility for comparing quired by the Bureau of the Census (see information collected with travel docu- 15 CFR part 30). ment. The carrier collecting the infor- (2) Shipments to Puerto Rico. For mation described in paragraph (b)(3) of flights carrying shipments to Puerto this section is responsible for com- Rico from the U.S., the aircraft com- paring the travel document presented mander or agent shall file any Ship- by the crew member or non-crew mem- per’s Export Declarations required by ber with the travel document informa- the Bureau of the Census (see 15 CFR tion it is transmitting to CBP in ac- part 30) upon arrival in Puerto Rico cordance with this section in order to with the port director there. ensure that the information is correct, (b) Inspection certificates. The aircraft the document appears to be valid for commander or authorized agent shall travel, and the crew member or non- deliver a proper export inspection cer- crew member is the person to whom tificate issued by the Veterinary Serv- the travel document was issued. ice, Animal and Plant Inspection Serv- (e) Sharing of manifest information. In- ice, Department of Agriculture (9 CFR formation contained in the crew mem- part 91), to the Customs officer in ber and non-crew member manifests re- charge at the time of departure of any quired under this section that is re- aircraft carrying horses, mules, asses, ceived by CBP electronically may, cattle, sheep, swine, or goats. upon request, be shared with other Federal agencies for the purpose of pro- [T.D. 93–61, 58 FR 41426, Aug. 4, 1993] tecting national security. CBP may also share such information as other- § 122.77 Clearance certificate. wise authorized by law. (a) Aircraft departing from the U.S. One (f) Master crew member and non-crew copy of the air cargo manifest shall be member lists. Air carriers subject to the used as a clearance certificate when requirements of this section must also endorsed by the port director to show comply with the requirements of that clearance is granted. § 122.49c pertaining to the electronic (b) Scheduled aircraft. If a scheduled transmission of a master crew member aircraft clears at an airport which is list and a master non-crew member list not the airport at or nearest the place as applied to flights departing from the of final take-off from the U.S., two cop- United States. ies of the air cargo manifest shall be (g) Superseding amendments issued by filed. One copy shall be used as a clear- TSA. One or more of the requirements ance certificate when endorsed by the of this section may be superseded by director of the port where clearance is provisions of, amendments to, or alter- obtained, and the second copy shall be native procedures authorized by TSA attached to the first for use at subse- for compliance with an aviation secu- quent U.S. ports. rity program, emergency amendment, or security directive issued by the TSA § 122.78 Entry or withdrawal for ex- to an air carrier subject to the provi- portation or for transportation and sions of 49 CFR part 1544, 1546, or 1550. exportation. The amendments will have superseding If a shipment is exported under an effect only for the airline to which entry or withdrawal for exportation, or issued and only for the period of time for transportation and exportation, the they remain in effect. air cargo manifest, the air waybill, or [CBP Dec. 05–12, 70 FR 17855, Apr. 7, 2005] the consignment note attached to the manifest shall clearly show the fol- § 122.76 Shipper’s Export Declarations lowing information for each entry or and inspection certificates. withdrawal: (a) Shipper’s Export Declarations—(1) (a) Number; Other than shipments to Puerto Rico. For (b) Date; and shipments other than to Puerto Rico, (c) Class of entry or withdrawal, as at the time of clearance, the aircraft follows: commander or agent shall file with the (1) Transportation and exportation;

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(2) Withdrawal for transportation and part 113 of this chapter, has been filed exportation; and covers the aircraft. (3) Immediate exportation; (4) Withdrawal for exportation; or § 122.82 Bond requirements. (5) Withdrawal for transportation. A bond on Customs Form 301, con- The name of the port where the entry taining the bond provisions set forth in or withdrawal was filed, if not the port subpart G of part 113 of this chapter, where the merchandise is laden for ex- shall be filed before an aircraft is given portation, shall also appear on the air a permit to proceed with residue cargo cargo manifest. under this subpart. The bond shall be filed in the correct amount with the di- § 122.79 Shipments to U.S. possessions. rector of the entry airport. (a) Other than Puerto Rico. An air cargo manifest shall be filed for air- § 122.83 Forms required. craft transporting cargo between the (a) Traveling general declaration and U.S. and U.S. possessions. Shipper’s manifest. When applying for examina- Export Declarations are not required tion and release from an airport or for shipments from the U.S. or Puerto place of entry in the U.S., the aircraft Rico to the U.S. possessions, except to commander or agent shall file a trav- the U.S. Virgin Islands or from a U.S. eling general declaration and manifest. possession and destined to the U.S., The traveling general declaration and Puerto Rico, or another U.S. posses- manifest is one certified copy of the sion. original inward general declaration, (b) Puerto Rico. When an aircraft car- and each air cargo manifest required ries merchandise on a direct flight when the aircraft entered. This in- from the U.S. to Puerto Rico, any re- cludes air waybills that were part of quired air cargo manifest or Shipper’s the manifest. Export Declarations shall be filed with (b) Attachments to traveling general the appropriate port director at Puerto declaration and manifest—(1) Crew pur- Rico. chase and stores list. The crew purchase [T.D. 88–12, 53 FR 9292, Mar. 22, 1988, as and stores list, if required when the amended by T.D. 93–61, 58 FR 41426, Aug. 4, aircraft enters under §§ 122.46 and 122.47, 1993] shall be attached to the traveling gen- eral declaration and manifest. § 122.80 Verification of statement. (2) Crew purchases not listed on a crew Customs officers may verify any of purchase list. A crew member’s declara- the statements required under this sub- tion shall be attached to the traveling part by examining the shipping records general declaration and manifest if: of the airline involved. (i) Crew purchases are listed on a crew declaration, Customs Form 5129, Subpart I—Procedures for Residue instead of on the crew purchase list, Cargo and Stopover Passengers under § 122.46(c)(2); and (ii) The crew member has not left the § 122.81 Application. aircraft with his or her purchase at the (a) Aircraft arriving with cargo. Air- first entry port. craft arriving in the U.S. from a for- The crew member’s declaration must eign area with cargo shown on the be attached at the port where the arti- manifest to be traveling to other air- cles listed on the declaration receive ports in the U.S. or to foreign areas clearance. may proceed under the provisions of (c) Abstract general declaration and this subpart. manifest. The abstract general declara- (b) Aircraft arriving with no cargo. Air- tion and manifest shall consist of one craft arriving in the U.S. from a for- copy of the general declaration, and eign area with no cargo on board, and one copy of each manifest (including requesting immediate examination and air waybills) covering residue cargo: release, may proceed if a bond on Cus- (1) Not yet examined and released by toms Form 301, containing the bond Customs or any other Federal agency; conditions set forth in subpart G of and

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(2) To be discharged at another do- (2) The traveling general declaration mestic or foreign airport. when an abstract general declaration is An abstract general declaration and not required; or manifest need not be filed at the last (3) A separate sheet of paper. domestic port of discharge. (e) Permit to proceed for nonscheduled (d) Permit to proceed. A permit to pro- aircraft. For each permit to proceed ceed from one to an- issued to a nonscheduled aircraft car- other shall be filed by the aircraft com- rying residue cargo the transit air mander or agent with the Customs offi- cargo manifest procedures shall be fol- cer in charge at the clearance airport. lowed. When the aircraft arrives at the The permit to proceed shall include a final port, the aircraft commander declaration by the aircraft commander shall deliver the permit to proceed to Customs. or agent, which shall be signed on (f) Use of form. When all of the docu- entry at the next domestic airport. The ments required by this section are in permit to proceed and declaration shall order, the permit to proceed shall be state substantially the following: dated and signed by the Customs offi- PERMIT TO PROCEED FROM ONE AIRPORT cer in charge at the clearance airport. TO ANOTHER One copy of the permit to proceed shall be delivered to the aircraft commander Airport of Departure llllllllllll or agent with the other required docu- Date lllllllllllllllllllll ments, for filing at the next inter- Permission is hereby given aircraft national airport. lllll to proceed to lllll (Next Domestic Airport) [T.D. 88–12, 53 FR 9292, Mar. 22, 1988; T.D. 00– The aircraft which has arrived from and is 22, 65 FR 16518, Mar. 29, 2000] destined to the places shown in the general declaration, is proceeding to such places of § 122.84 Intermediate airport. destination to discharge residue cargo, pas- (a) Application. The provisions of this sengers, or crew members and their pur- section apply at any U.S. airport to chases, as listed in the attached manifest. which an aircraft proceeds with residue Bond was given at the airport of arrival for cargo, and passengers, or crewmembers the cargo retained on board. Items of cargo manifested for delivery at this airport ap- and their purchases not cleared by Cus- pear to have been landed. toms. They do not apply to aircraft ar- Number of crew members not cleared by riving at the last domestic port of dis- Customs llll. charge. Number of passengers not cleared by Cus- (b) Entry. When an aircraft arrives at toms llll. the next airport, the aircraft com- Number of pages of the traveling mander or agent shall make entry by manifest llll. filing the: llllllllllllllllllllllll (1) Abstract general declaration and (Customs Officer and Title) manifest; DECLARATION ON ENTRY OF AIRCRAFT AT (2) Traveling general declaration and FOLLOWING AIRPORT manifest; and (3) Permit to proceed. Airport of Arrival llllllllllllll Date lllllllllllllllllllll The Declaration on Entry of Aircraft at I, lllll, commander or authorized Following Airport, found on the permit agent of the aircraft identified in this docu- to proceed, shall be properly signed be- ment, declare and guarantee that there were fore filing for entry. not, when such aircraft departed from the (c) Crew declarations. The declara- airport of llll, nor have been since, nor tions and entries, Customs Form 5129, now are, any more or other goods, wares, or of any crewmembers who leave the air- merchandise on board than was stated in the craft with their purchases at the inter- attached manifests. llllllllllllllllllllllll mediate airport shall be detached from (Signature and Title) the traveling general manifest. The declaration and entries are to be de- The permit to proceed and declaration tached by the Customs officer in must be stamped, mimeographed or charge and are kept at the airport. printed on: (d) Departure. When the aircraft (1) The abstract general declaration; leaves an intermediate airport carrying

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residue cargo, and passengers or crew- § 122.88 Aircraft carrying domestic members and their purchases are not (stopover) passengers. yet cleared by Customs or another in- Airlines that commingle domestic terested Federal agency, the procedure (stopover) passengers (that is, pas- is the same as at the first arrival air- sengers who have already cleared Cus- port. All documents required by this toms at their port of arrival and are section, except those detached under continuing on another aircraft to a sec- paragraph (c) of this secticn, shall be ond U.S. destination) with inter- returned to the aircraft commander or national passengers who are continuing agent for filing at the next entry air- on the flight to their port of arrival port. and have not yet cleared Customs, must comply with certain require- § 122.85 Final airport. ments before being issued a permit to When an aircraft enters at the last proceed. The carriers requirements are domestic airport of discharge, the trav- as follows: eling general declaration and manifest (a) The domestic (stopover) pas- shall be filed with Customs and kept at sengers must be transported on U.S.- the airport. No abstract general dec- registered aircraft, or foreign-reg- laration and manifest is required. istered aircraft of the same foreign air- line that brought them into the U.S. § 122.86 Substitution of aircraft. (b) A $2.00 charge must be paid for each revenue producing domestic (stop- (a) Application. The residue cargo pro- over) passenger reinspected in the U.S. cedure applies when an airline must (see § 24.12 of this chapter). substitute aircraft to reach a destina- (c) Arrangements must be made for tion due to weather conditions or oper- the checked baggage of all passengers ational factors which prevent an air- requiring inspection on the previously craft on arrival of the flight at the first described flights to be off-loaded and port from continuing inbound to inte- made available for examination in the rior ports scheduled for that flight. Federal inspection area at the destina- (b) Clearance and entry. Clearance and tion port (intermediate or final) where entry of substitute aircraft is required an inspection is to take place. as provided in this subpart for other (d) All stopover passengers shall be aircraft. notified in writing, prior to boarding, (c) Identification. An identification of that they will be subject to full rein- all substitute aircraft shall be clearly spection by Customs. This written no- made on all clearance and entry docu- tification shall contain the following ments. language: ‘‘Notice to all boarding pas- (d) Transporting cargo—(1) For- sengers: You are boarding an aircraft warding. The carrier may forward all on which passengers will be arriving in cargo which arrived on one aircraft by the U.S. from foreign destinations. transferring it to another aircraft of These passengers have not yet cleared the same airline to complete the in- U.S. Customs. Accordingly, you will be subject to a full reinspection by Cus- bound flight. The transfer shall be done toms at your final U.S. port of entry.’’ under Customs supervision. (e) Domestic (stopover) passengers (2) Conditions. All of the residue cargo shall be provided a Customs declara- from more than one inbound flight of tion identified by the words ‘‘Domestic an airline may be laden on one sub- Flight’’. The domestic (stopover) pas- stitute aircraft of the airline. The sub- senger is only required to complete stitute aircraft shall finish the inbound items 1–4 on that declaration. transport of the residue cargo. (f) The carrier shall present to Cus- toms, as otherwise required by law, the § 122.87 Other requirements. permit to proceed and/or the general Section 4.85 of this chapter, relating declaration, clearly stating the number to vessels with residue cargo for do- of domestic (stopover) passengers to be mestic ports, applies to aircraft residue reinspected upon arrival at the destina- cargo, except as stated in this subpart. tion port (intermediate or final) where

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an inspection of passengers is to take tination of the cargo indicated by place. available air carrier shipping docu- ments. The ultimate destination must Subpart J—Transportation in Bond be shown even though the air transpor- and Merchandise in Transit tation may be scheduled to terminate in a country prior to the cargo’s final § 122.91 Application. destination; This subpart applies to the transpor- (v) Be modified to contain the fol- tation in bond of merchandise arriving lowing information which should ap- in the U.S. by aircraft and entered: pear in a block or attachment in the (a) For immediate transportation to upper right-hand corner as in this ex- another airport without appraisement; ample. The numbers 1–8 correspond to or the descriptions that follow; the num- (b) For transportation through the bers do not have to appear on the AWB: U.S. and later exportation by aircraft. (1) llllllllllllllllllllll Origin § 122.92 Procedure at port of origin. (2) llllllllllllllllllllll (a) Forms required—(1) Customs Form Entry Type 7512 or other document. Customs Form (3) llllllllllllllllllllll 7512 or other Customs approved docu- Destination ments, such as an air waybill (see para- (4) llllllllllllllllllllll graph (a)(3) of this section), shall be Importing Carrier/Flight Number/Arrival used for both entry and manifest. Date Three copies of the form or other docu- (5) llllllllllllllllllllll ment are required to be filed with Cus- Bonded Carrier/Exporter toms at the port of origin for merchan- (6) llllllllllllllllllllll dise for immediate transportation Date without appraisement. Four copies of (7) llllllllllllllllllllll the form or other document are re- Signature of Carrier’s Agent quired when merchandise for transpor- (or Exporter) tation and exportation is entered. (See (8) llllllllllllllllllllll also, §§ 18.11 and 18.20(a) of this chap- Customs Officer Date ter). Each copy shall be signed by the carrier or its authorized agent. The item numbers correspond to the (2) Air Waybill. An air waybill may be following information: used for both entry and manifest. Item 1—Origin— The numeric port Three copies of the air waybill are re- code as listed in Schedule D of the Har- quired unless the port director deems monized Tariff Schedules of the United additional copies necessary. Photo- States, or the port where the in-bond copies of the original air waybill are entry is presented. acceptable. Either preprinted stock air Item 2—Entry type— The appropriate waybills or electronically generated air in-bond code number such as I.T./61 for waybills may be used. The air waybill Immediate Transportation, T&E/62 for must: Transportation and Exportation, and (i) Contain the information required I.E./63 for Immediate Exportation. of a universal air waybill as recognized Item 3—Destination— The numeric and accepted by the International Air port code for the intended port of des- Transport Association (IATA), be leg- tination for entry or exportation. ible and in the English language; Item 4—Importing Carrier/Flight Num- (ii) Display a unique 11-digit number, ber/Arrival Date— This information the first three digits being the air car- serves to identify the shipment in rier’s identification code; terms of the inward foreign manifest of (iii) Display the number of packages the importing carrier. The ‘‘Arrival based on the smallest external pack- Date’’ is the date of arrival of the im- aging unit (e.g., 14 packages is accept- porting conveyance in the U.S. The in- able, 1 pallet is unacceptable); formation must be supplied in all in- (iv) Display the name of the final stances. port of destination in the U.S. or the Item 5—Bonded Carrier/Exporter— The name of the ultimate country of des- bonded carrier or exporter who will be

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liable for the proper movement, han- Form 7512 or other Customs approved dling, and safekeeping of the merchan- document shall be delivered to the car- dise once the in-bond movement is au- rier. thorized by Customs. If this informa- (2) Merchandise entered for transpor- tion is not supplied, the in-bond move- tation and exportation. When merchan- ment will be carried out under the dise is entered for transportation and bond of the importing carrier. (See exportation, one copy of Customs For Item 7 for further information on 7512 and any other Customs approved transfer of liability.) document shall be delivered to the car- Item 6—Date— The date of the in- rier. bond entry preparation. Since an in- (3) After delivery. After delivery, the bond entry can be prepared before the forms or other document shall accom- date of entry presentation and/or ac- pany the merchandise to the port of ceptance, and prior to the actual ar- destination or exportation. rival of the importing conveyance, this (c) Receipt and supervision. The agent date should only be used for duty as- of a bonded air carrier shall give a re- sessment purposes when the date in ceipt for any merchandise delivered to Item 8 is left blank. If a date is not it for transportation in bond, and no present, the date of in-bond prepara- supervision of the lading of the mer- tion will be deemed to be the date of chandise on the transporting aircraft arrival. shall be required. Item 7—Signature of Carrier’s Agent (or (d) Split shipment—(1) Departure with- Exporter)— This signature of the au- in 24 hours. Merchandise covered by a thorized agent of the bonded carrier or single entry and manifest (Customs exporter identified previously (See Form 7512 or other Customs approved Item 5) constitutes acceptance of the document) may be sent to the destina- liability for the in-bond shipment by tion airport on one or more aircraft. A the party signing. A signature is re- separate manifest for each aircraft is quired except when the in-bond move- not required if the whole shipment is ment is under the bond of the import- sent within a single 24-hour period. ing carrier. If unsigned, the submission (2) Departure not within 24 hours. If to Customs of an AWB requesting such any part of a shipment is sent more a movement is evidence of the accept- than 24 hours after the first part was ance of liability if the AWB is approved sent, the entry and manifest copy by Customs. which accompanies the first shipment Item 8—Customs Officer/Date— Signa- shall state that the rest of the ship- ture of the Customs officer who author- ment will follow by separate aircraft. A izes the initiation of the in-bond move- single manifest shall be prepared for ment and the date of such authoriza- each part of the shipment sent by sepa- tion. Customs will check to make sure rate aircraft. The manifest shall be merchandise is released only to a bond- used as notice of each arrival at the ed carrier. The date is used to start the destination airport. time limit for completion of the in- (e) Transhipment. Merchandise sent bond movement and for consumption under bond may be transferred at an entry purposes in accord with § 141.69(b) intermediate airport to one or more of this chapter. Customs authorization aircraft of the same airline. This may procedures which use a perforation de- be done without Customs supervision vice are acceptable in lieu of the appro- and notice of the transfer is not re- priate Customs signature. The port di- quired. If merchandise covered by one rector will determine whether a signa- entry and manifest is transferred to ture will be required in this block prior more than one aircraft, paragraph (d) to the time that the cargo is allowed to of this section applies. move. (f) Sealing not required. The sealing of (b) Delivery of Customs form to car- aircraft, aircraft compartments car- rier—(1) Merchandise entered for imme- rying bonded merchandise, or the diate transportation without appraise- cording and sealing of bonded packages ment. When merchandise is entered for carried by the aircraft, is not required. immediate transportation without ap- (g) Warning labels. The carrier shall praisement, two copies of Customs supply and attach the warning label, as

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described in § 18.4(e) of this chapter, to (2) Submit to the Customs officer in each bonded package. charge the certificate received at the place the merchandise was taken on [T.D. 88–12, 53 FR 9292, Mar. 22, 1988, as amended by T.D. 92–82, 57 FR 38276, Aug. 24, board. The clearance certificate is kept 1992; T.D. 00–22, 65 FR 16518, Mar. 29, 2000] by the Customs officer in charge until departure. § 122.93 Procedure at destination or This procedure shall be followed at exportation airport. each place of landing before final de- (a) Delivery to port director. When a parture. bonded shipment arrives at the des- [T.D. 88–12, 53 FR 9292, Mar. 22, 1988; T.D. 00– tination or exportation airport, the 22, 65 FR 15618, Mar. 29, 2000] aircraft commander or agent shall de- liver one copy of the entry and mani- § 122.95 Other provisions. fest (Customs Form 7512 or other Cus- Part 18 of this chapter (Transpor- toms approved document) covering the tation in Bond and Merchandise in shipment to the port director of that Transit) applies to the transportation airport as notice of arrival. If the ship- of merchandise under this subpart un- ment was sent by separate aircraft less stated otherwise. more than 24 hours after the first part of the shipment was sent, then a mani- fest for each part of the shipment shall Subpart K—Accompanied be delivered to the port director. Baggage in Transit (b) Delivery to consignee. When the § 122.101 Entry of accompanied bag- merchandise is sent under an entry for gage. immediate transportation without ap- praisal, one copy of the manifest cov- Passengers who enter the U.S. on one ering the merchandise shall be deliv- aircraft and depart to a foreign area on ered by the carrier to the consignee. another aircraft with accompanying This copy is used to make entry, and baggage shall either: may also be used as a carrier certifi- (a) Submit their baggage to Customs cate as provided in § 141.11(a)(4) of this for inspection; or chapter. (b) Arrange with the importing car- rier for the baggage to be processed [T.D. 88–12, 53 FR 9292, Mar. 22, 1988; T.D. 00– under regular in-transit procedures. 22, 65 FR 16518, Mar. 29, 2000] When passengers choose not to have ac- § 122.94 Certificate of lading for expor- cess to their baggage while in the U.S., tation. the baggage shall be listed on the Air (a) Required filing. This section ap- Cargo Manifest as provided in § 122.48. plies to merchandise entered for trans- § 122.102 Inspection of baggage in portation and exportation by aircraft. transit. A certificate of lading for exportation and a Customs Form 7512 or other Cus- (a) General baggage in transit may be toms approved document (see § 122.93 of inspected upon arrival, while in tran- this subpart) shall be filed when the sit, and upon exportation. Carriers merchandise reaches the final depar- shall present in-transit baggage for in- ture airport. The form shall be filled spection at any time found necessary out and signed at the place where air- by the port director. craft clearance for the merchandise is (b) In-transit baggage shall be pre- given. sented to a Customs officer for inspec- (b) Clearance not at place of final de- tion and clearance before the baggage parture. If an aircraft is cleared at a can be delivered to a passenger while in place other than the place of final de- the U.S. parture from the U.S., the aircraft commander or its authorized agent Subpart L—Transit Air Cargo shall: Manifest (TACM) Procedures (1) Promptly report arrival of any bonded merchandise for export to the § 122.111 Application. Customs officer in charge at that place; Cargo (including manifested baggage) and which arrives and is transported under

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Customs control in, through, or from, (ii) Air cargo shipments from several the U.S. may be transported in bond exporting countries, with the name of under this subpart. If cargo is not the exporting country shown in the transported under this subpart, it shall ‘‘Nature of Goods’’ column. be transported under other provisions (2) Shipment to same port. Each transit of this chapter. (See subparts I and J of air manifest sheet may list only those this part, and parts 18 and 123 of this shipments manifested by way of the chapter.) port of arrival for: (i) The same Customs port of destina- § 122.112 Definitions. tion; The following definitions apply in (ii) The same Customs port for later this subpart: exportation; or (a) Transit air cargo. ‘‘Transit air (iii) Direct exportation from the port cargo’’ is cargo, including manifested of arrival. baggage, transported under the re- (c) Information required. Each air quirements of this subpart. cargo manifest sheet shall show: (b) Port of arrival. The ‘‘port of ar- (1) The foreign port of lading; rival’’ is the port in the U.S. where im- (2) The date the aircraft arrived at ported cargo must be documented for the port of arrival; further transportation under this sub- (3) Each U.S. port where Customs part. services will be necessary due to tran- (c) Transfer or transferred. ‘‘Transfer sit air cargo procedures; and or transferred’’ means the change of (4) The final port of destination in documentation of cargo to transit air the U.S., or the foreign country of des- cargo for transportation. The terms tination, for each shipment. The for- also include the physical movement of eign country destination shown on the the cargo from one carrier to another, manifest must be the final destination, and thereafter by air or surface move- as shown by airline shipping docu- ment to the port of destination. ments, even though airline transport (d) Transit air cargo manifest. ‘‘Transit may be scheduled to end before the air cargo manifest’’ is used in this sub- shipment arrives at the final destina- part as the shortened title for the tion. transportation entry and transit air (d) Corrections. If corrections in the cargo manifest. route shown on the original manifest for the cargo are required at the port of § 122.113 Form for transit air cargo arrival to make a manifest sheet work- manifest procedures. able as a transit air cargo manifest, A manifest on Customs Form 7509 is the director of the port of arrival may required for transit air cargo, as pro- allow the corrections. vided in § 122.48(c) of this part. The words ‘‘Transportation Entry and Tran- § 122.115 Labeling of cargo. sit Air Cargo Manifest’’ shall be print- A warning label, as required by ed, stamped or marked on the form and § 18.4(e) of this chapter, shall be at- on all copies of the form required for tached to all transit air cargo not di- transit air cargo movement. rectly exported from the port of arrival before the cargo leaves the port of ar- § 122.114 Contents. rival. (a) Form duplicates original manifest. Each transit air cargo manifest shall § 122.116 Identification of manifest be a duplicate of the sheet presented as sheets. part of the cargo manifest for the air- When the original cargo manifest for craft on which the cargo arrived in the the aircraft on which the cargo arrives U.S. is presented by the aircraft commander (b) Shipments shown on manifest—(1) or its authorized agent at the port of Country of exportation. Each transit air arrival, a manifest number will be cargo manifest sheet may list: given to the aircraft entry documents (i) Only air cargo shipments from one by Customs. The number given shall be exporting country, with the name of used by the airline to identify all cop- the country shown in the heading; or ies of the transit air cargo manifest.

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All copies of the manifest shall be cor- (3) Carting. When carting is used to rectly numbered before cargo will be deliver transit air cargo to receiving released from the port of arrival as airlines, the importing airline is re- transit air cargo. sponsible for the cargo under its own bond until a receipt is filed by the re- § 122.117 Requirements for transit air ceiving airline. This does not apply cargo transport. when the carting is done under part 112 (a) Transportation—(1) Port to port. of this chapter, at the expense of the Transit air cargo may be carried to an- parties involved. other port only when a receipt is given, (4) Importing airlines. An importing as provided in paragraph (b) of this sec- airline which has qualified as a carrier tion. The receipt may be given only to of bonded merchandise, whether reg- an airline which: istered in the U.S. or a foreign area, (i) Is a common carrier for the trans- may: portation of bonded merchandise; and (i) Give a receipt for the air cargo; (ii) Has the required Customs bond on (ii) File an appropriate bond; and file. (iii) Deliver the cargo to an author- (2) Exportation from port of arrival. ized domestic carrier for in-bond trans- Transit air cargo may be exported from portation from the port of arrival. The the port of arrival only if covered by a importing carrier’s bond covers the bond on Customs Form 301, containing transportation. the bond conditions set forth in sub- part G of part 113 of this chapter, as (d) Split shipments. A receipt shall be provided in § 18.25 of this chapter. given by one airline for all of the cargo (b) Receipt—(1) Requirements. When shipments listed on one transit air air cargo is to move from the port of cargo manifest sheet. Cargo shipments arrival as transit air cargo, a receipt so listed shall be transported from the shall be given. The receipt shall be port of arrival on one aircraft or car- made by the airline responsible for rier unless the use of more than one transport or export within the general aircraft or carrier would be allowed: order period (see § 122.50). (1) By § 122.92(d) under a single com- (2) Contents. The receipt shall appear bined entry and manifest; on each copy of the transit air cargo (2) By § 122.118(d); or manifest, clearly signed and dated if (3) By § 122.119(e), permitting the use required, in the following form: of a surface carrier for transport. Received the cargo listed herein for deliv- Otherwise, all shipments on the transit ery to Customs at the port of destination or air cargo manifest shall be separately exportation shown above, or for direct expor- documented and transported under the tation. regular procedures for transportation llllllllllllllllllllllll of merchandise in bond (See subpart J). Name of carrier (or exporter) [T.D. 88–12, 53 FR 9292, Mar. 22, 1988, as llllllllllllllllllllllll amended by T.D. 98–74, 63 FR 51289, Sept. 25, Attorney or agent of carrier (or exporter) 1998] llllllllllllllllllllllll Date § 122.118 Exportation from port of ar- (c) Responsibility for transit air cargo— rival. (1) Direct exportation. The responsibility (a) Application. Transit air cargo may of the airline exporting transit air be transferred for exportation from any cargo for direct exportation begins port of arrival under this section. The when a receipt, as provided in para- port director may require any super- graph (b) of this section, is presented vision necessary to enforce the regula- to Customs. tions of other Federal agencies. (2) Other than direct exportation. When (b) Time. Transit air cargo shall be the transit air cargo is not for direct exported from the port of arrival with- exportation, the responsibility of the in 10 days from the date the exporting airline receiving the cargo begins when airline receives the cargo. After the 10- a receipt, as provided in paragraph (b) day period, the individual cargo ship- of this section, is presented to Cus- ments must be made the subject of in- toms. dividual entries, as appropriate.

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(c) Transit air cargo manifest copies. the carrier manifest copy in § 122.120(g). Three copies of the transit air cargo The reviewing officer shall take the manifest shall be filed with Customs. proper action if a license is necessary (1) Review copy. The importing airline for any cargo. The exporting airline shall file a copy of each transit air shall be notified that any transit air cargo manifest sheet covering any cargo which is not covered by the re- cargo shipment that will be transferred quired license must be placed under for direct exportation. This filing shall constructive Customs custody in a spe- be made as soon as the exporting air- cial area of the airline’s terminal until line has been chosen. The exporting the license is obtained. airline need not give receipt on the re- view copy for the cargo to be trans- § 122.119 Transportation to another ferred, but the name of the exporting U.S. port. airline shall be placed on the copy. (a) Application. Air cargo shipments (2) Exportation copy. The exportation may be transferred for transportation copy shall be filed by the exporting air- as transit air cargo from the port of ar- line when clearance documents are pre- rival to another port in the U.S. under sented to Customs. this section. The director of the port of (3) Clearance copy. The clearance copy arrival may require Customs super- shall be filed with the exporting air- vision of the transfer. craft’s clearance documents. (b) Time. Transit air cargo traveling The exportation and clearance copies to a final port of destination in the shall show the exporting airline’s re- U.S. shall be delivered to Customs at ceipt for the cargo, aircraft number, its destination within 15 days from the flight number, and the date. date the receiving airline gives the re- (d) Direct export on different aircraft. ceipt for the cargo at the port of ar- Transit air cargo shipments which are rival. listed on one aircraft transit air cargo (c) Transit air cargo manifest copies. manifest sheet may be directly ex- Four copies of the transit air cargo ported on different aircraft of the ex- manifest, including a carrier manifest porting airline. If this occurs, two addi- copy, shall be filed by the airline giv- tional copies of the transit air cargo ing a receipt for moving the cargo ship- manifest shall be filed for each ship- ments to their destination. The permit ment or group of shipments trans- copy is used and kept by Customs at ported in other aircraft. Each copy of the port of arrival. the transit air cargo manifest shall be (d) Failure to deliver on time—(1) Proce- clearly marked to show which ship- dure. If transit air cargo does not ar- ment or shipments listed are covered rive at the destination port on time, by the manifest copy. the director of the port of arrival shall (e) Direct export by another airline. If take action as provided in §§ 18.6 and shipments listed on one transit air 18.8 of this chapter. The amount of cargo manifest sheet are not exported duty and tax shall be decided at the from the same port on the same air- port of arrival on the basis of informa- line, separate export entries on Cus- tion: toms Form 7512, as required by § 18.25 of (i) On the permit copy kept at the this chapter, shall be filed. port of arrival; and (f) Post entered air cargo. Air cargo not listed on the manifest (i.e., over- (ii) Obtained from the carriers as nec- ages) which has been post entered essary. under § 122.49(b) may be exported from The director of the port of arrival shall the port of origin under this subpart. If notify the airline that presented a re- this occurs, four copies of the air cargo ceipt for the cargo that there has been manifest, Customs Form 7509, marked a failure to deliver. ‘‘Post Entry’’, shall be provided. All re- (2) Responsibility of airline. When the quirements of § 122.44(b) shall be fol- airline that presented a receipt for the lowed in using this procedure. cargo receives notice of discrepancies, (g) Review. The review copy of the the airline shall answer within 90 days transit air cargo manifest sheets must of the date of such notice to the direc- be reviewed by Customs as required for tor of the port of arrival. The answer

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shall provide any information or docu- (1) Port of arrival. Two copies of the ments related to the value and descrip- transit air cargo manifest, marked sep- tion of the cargo involved that the arately as ‘‘permit’’ and ‘‘control’’ cop- receipting airline and the importing ies, shall be filed with Customs at the airline can produce. port of arrival. Filing shall be made (e) Surface movement to port of destina- when the arriving aircraft enters, or tion. If an aircraft arrives at the port of before the general order period ends, by arrival with cargo to be carried as the airline which presents a receipt to transit air cargo, the cargo may be transport the cargo from the port of ar- transferred to another carrier for sur- rival to the port of destination. face movement to the port of destina- (2) Port of exportation. Three copies of tion. The transfer is allowed under the the transit air cargo manifest shall be following conditions: filed at the port of exportation. (1) The bond of the party receiving (i) Carrier manifest copy. The carrier the cargo for surface movement must manifest copy shall be attached to the cover the transfer and surface move- listing of cargo shipments and sub- ment; mitted when the cargo arrives at the (2) The description of the cargo on exportation port. the transit air cargo manifest must be (ii) Exportation and clearance copies. complete; Two copies, marked separately as ‘‘ex- (3) The entire shipment listed in the portation’’ and ‘‘clearance’’ copies, shall transit air cargo manifest must be be filed with Customs at the expor- shipped from the port of arrival to the tation port. port of destination by the same surface (e) Delivery to exporting airline. When carrier; and the transit air cargo arrives at the ex- (4) The requirements of § 122.114(b) portation port, it may be delivered di- must be followed. rectly to the exporting carrier, to- [T.D. 88–12, 54 FR 9292, Mar. 22, 1988; T.D. 00– gether with the exportation and clear- 22, 65 FR 16518, Mar. 29, 2000] ance copies. The name of the exporting carrier shall be clearly noted on the § 122.120 Transportation to another carrier manifest copy, which shall then port for exportation. be delivered to Customs. (a) Application. Air cargo may be (f) Storage by exporting airline. The ex- transferred as transit air cargo at the porting carrier shall keep all cargo port of arrival for transportation to an- listed on the transit air cargo manifest other port in the U.S. and later expor- in one storage space. This storage tation under this section. space shall be separate from the area in (b) Supervision—(1) From port of arrival which special shipments which require to exportation port. The director of the a license under paragraph (g) of this port of arrival shall order any super- section are stored. vision found necessary for the transfer (g) Export license—(1) Review. A Cus- of transit air cargo for transportation toms officer shall review the carrier to another port for export. manifest copy of the transit air cargo (2) At exportation port. Customs shall manifest to make sure that the export be notified far enough in advance to be licensing requirements of other Fed- able to make any required supervision eral agencies have been followed. of the lading of cargo, and to enforce (2) Information inadequate. If the any other Federal agency require- manifest information is not enough for ments, when transit air cargo is ready Customs to determine that a license or for lading on the exporting aircraft. other requirement applies, then the (c) Time. Transit air cargo covered by transit air cargo shall be checked by this section shall be delivered to Cus- examination, or by inspection of the toms at the port of exportation within air waybills or attached invoices. 15 days from the date of receipt by the (3) When license or other requirement forwarding airline. applies. The exporting airline shall be (d) Transit air cargo manifest copies. notified at once if Customs finds that Five copies of the transit air cargo the shipment cannot be exported with- manifest shall be filed with Customs. out a license or other approval. The

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shipment shall then be put under con- (2) Duty-paid and tax-paid liquor and structive Customs custody in a special tobacco which has been placed in the area set aside for the shipment in the same liquor kit as duty-free and tax- exporting airline’s cargo terminal. free liquor and tobacco. (h) Filing of exportation and clearance (b) Aircraft. Subpart M applies to all copies—(1) Information. When filed with commercial aircraft on domestic or Customs, the exportation and clear- foreign flights operating into, from and ance copies of the transit air cargo between U.S. airports, which are car- manifest shall each show: rying: (i) The aircraft number; (1) Duty-free and tax-free liquor and (ii) The aircraft flight number; and tobacco withdrawn from bond under (iii) The date. section 309, Tariff Act of 1930, as (2) Filing. The exporting airline shall amended (19 U.S.C. 1309); or file the exportation and clearance cop- (2) Other liquor or tobacco on which ies before the aircraft that carries the duty or taxes have not been paid. transit air cargo departs. The clear- This includes any aircraft carrying ance copies shall be grouped together duty-free and tax-free liquor under 19 and not mixed in with other outward U.S.C. 1309, or other Federal law, al- manifest sheets. The exportation cop- though the aircraft is not required to ies shall be grouped together, and kept enter, clear or report arrival. separate from the outward clearance documents. § 122.132 Sealing of aircraft liquor (i) Cargo not laden at same airport by kits. same airline. If all the cargo listed on (a) Sealing required. Aircraft liquor one transit air cargo manifest sheet is kits shall be sealed on board the air- not laden for exportation from the craft by crewmembers before the air- same U.S. airport by the same airline, craft lands in the U.S. The liquor kits then separate entries on Customs Form shall be kept under seal while on the 7512 are required for each cargo ship- ground unless taken to an authorized ment listed: airline in-bond liquor storeroom. (1) For transportation and expor- (b) Exception. When an aircraft is tation under subpart J of this part; or traveling between airports in the U.S., (2) For direct exportation under in a trade for which duty-free and tax- § 18.25 of this chapter. free liquor is used during flight, sealing (j) Cargo laden on more than one air- the liquor kits on board during trans- craft of same airline. When any cargo porting stopovers is not required if: shipment listed on the same transit air (1) The liquor kits are kept on board cargo manifest must be exported on the aircraft; and more than one aircraft of the same air- (2) The port director finds that seal- line, § 122.118(d) applies. ing is not required for revenue protec- (k) Failure to deliver. If all or part of tion. the cargo listed on the transit air (c) Seals to be used. Aircraft liquor cargo manifest is not accounted for kits shall be sealed with serially num- with an exportation copy within 40 bered, Customs approved seals. The air- days, the director of the port of arrival line shall use seals supplied by an ap- shall take action as provided in proved manufacturer, as provided in § 122.119(d). part 24 of this chapter. A small number [T.D. 88–12, 53 FR 9292, Mar. 25, 1988, as of seals may be obtained from the port amended by T.D. 98–74, 63 FR 51289, Sept. 25, director. 1998; T.D. 00–22, 65 FR 16518, Mar. 29, 2000] (d) Removing seals. When sealed liquor kits are on the ground, the Customs Subpart M—Aircraft Liquor Kits seals may be broken only by: (1) A Customs officer; or § 122.131 Application. (2) Authorized airline personnel, in (a) Liquor and tobacco. Subpart M ap- an authorized airline in-bond liquor plies to: storeroom. (1) Duty-free and tax-free liquor and (e) Resealing. When a Customs officer tobacco; and breaks the seal of a liquor kit to check

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the contents, the action shall be re- supervision found necessary by the corded on the liquor kit stores list, and port director, may be: the liquor kit must be resealed with an (1) Kept on board the aircraft; approved seal. (2) Removed and replaced upon the aircraft; or § 122.133 Stores list required on ar- (3) Removed and replaced aboard an- rival. other aircraft. (a) When required, contents. Three (b) Sealing of kits. Aircraft liquor kits copies of an incoming stores list shall covered by this section shall remain be prepared for each liquor kit on sealed until departure. Customs offi- board before an aircraft lands. The in- cers may remove the seal to check the coming stores list shall state for each contents of the liquor kits, but shall type of liquor and bottle size: reseal the kits as provided in (1) Number of full bottles; § 122.132(e). (2) Number of partially filled bottles; (c) Restocking. Additional amounts of and duty-free and tax-free liquor and to- (3) Total number of bottles. bacco obtained in the U.S. shall be If the carrier chooses not to state the laden in a separate container on any type of liquor for each size bottle, any aircraft covered by this section. The duty or taxes assessed for any shortage lading shall be done under any super- shall be set at the highest rate avail- vision the port director finds nec- able for the alcoholic beverages in the essary. The additional liquor and to- kit. bacco shall be shown on separate out- (b) Disposition of stores list copies. One ward stores lists. copy of the incoming stores list shall be placed in the liquor kit before it is § 122.135 When airline has in-bond liq- sealed. The remaining two copies shall uor storeroom. be used as follows: (a) Restocking. Liquor kits on board (1) One copy shall be filed with the an aircraft landing at an airport where inward cargo manifest; and the airline involved has an authorized (2) One copy shall be kept for filing in-bond liquor storeroom may be re- with the outward cargo manifest if the moved and restocked in the storeroom. liquor kit was laden for export. (c) For aircraft not required to enter (b) Inventory record. Each authorized and/or clear. If an aircraft is not re- airline in-bond liquor storeroom shall quired to enter and/or clear: keep an inventory record in a form (1) One copy shall be given to the that satisfies the port director. The in- Customs officer upon arrival; and ventory record shall account for the re- (2) One copy shall be kept to be given ceipt and use of all aircraft liquor and to the Customs officer before departure tobacco stores on which duty and/or of the aircraft. tax has not been paid. (d) When stores list not prepared. When (c) Airline employees. Any airline a complete stores list is not prepared which has an authorized in-bond liquor before landing, liquor kits must be store room at an airport shall give the sealed on board, and the seal number port director: shall be recorded on the stores list. (1) A list of names of all airline em- When the aircraft lands, the liquor ployees authorized to break Customs shall be taken at once to the Customs seals on liquor kits in the in-bond liq- office and the stores list shall be com- uor storeroom; and pleted by crew members under Customs (2) Signature samples of the author- supervision. ized employees. (d) Opening of aircraft liquor kits. Air- § 122.134 When airline does not have craft liquor kits received in an author- in-bond liquor storeroom. ized storeroom shall be opened only by (a) Handling of liquor kits. An aircraft authorized airline employees, or by may land at an airport where the air- Customs officers. line involved does not have an author- (e) Contents of liquor kits. The employ- ized in-bond liquor storeroom. When ees who break the seals on aircraft liq- this occurs, the liquor kits, under any uor kits shall check the contents at

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once. The employees shall immediately corded, when exported, on a certificate report to the port director any: of use prepared by the airline. (1) Evidence of seal tampering; (2) Difference between the seal num- Subpart N—Flights to and From bers on the liquor kits and those re- corded on the stores list; and the U.S. Virgin Islands (3) Differences in quantity as shown § 122.141 Definitions. on the stores list. (f) Handling the liquor kits—(1) Partial Under subpart N, the following defi- bottles. Partial bottles of liquor may be nitions apply: removed from incoming liquor kits and (a) United States. The term ‘‘U.S.’’ in- kept in the in-bond liquor storeroom to cludes the several States, the District be destroyed or combined with other of Columbia and Puerto Rico. partial bottles. This may be done only (b) Foreign area. The term ‘‘foreign under Customs supervision. The costs area’’ means any area other than the of Customs supervision shall be paid by several States, the District of Colum- the airline. bia and Puerto Rico. (2) Exportation. The contents of in- coming liquor kits may be commingled § 122.142 Flights between the U.S. Vir- to restock outbound liquor kits. The gin Islands and a foreign area. commingling must take place in the airline in-bond liquor storeroom, using (a) Aircraft arriving in the U.S. Virgin liquor bottles on which the seal has not Islands. Aircraft arriving in the U.S. been broken. Virgin Islands from a place other than (3) Sealing. All liquor kits shall be the U.S. are governed by the provisions sealed as provided in § 122.132(a) before of this part which apply to aircraft ar- removal from the in-bond liquor store- riving in the U.S. from a foreign area. room. All seal numbers shall be listed (b) Aircraft leaving the U.S. Virgin Is- on an outgoing stores list. lands. Aircraft leaving the U.S. Virgin Islands for a place other than the U.S. § 122.136 Outgoing stores list. are governed by the provisions of this (a) Preparation. Two copies of a seri- part that apply to aircraft leaving the ally numbered outgoing stores list U.S. for a foreign area. shall be prepared by the airline for all liquor and tobacco withdrawn from § 122.143 Flights from the U.S. to the bonded or non-tax-paid stock and added U.S. Virgin Islands. to liquor kits. The outgoing stores list (a) In general. Aircraft on flights shall show the total number of bottles from the U.S. to the U.S. Virgin Is- for each type liquor, the brand, and the lands are governed by the provisions of size of each bottle. (b) Use of copies. The two copies of this part that apply to aircraft on a the outgoing stores list shall be used as flight within the U.S. follows: (b) Bureau of the Census. When Bu- (1) One copy shall be placed and kept reau of the Census regulations (15 CFR in the outgoing kits until the aircraft part 30) apply to aircraft carrying mer- leaves the U.S.; and chandise to the U.S. Virgin Islands (2) One copy must be filed either with from the U.S., permission to depart the outgoing cargo manifest (for air- must be obtained from the port direc- craft required to clear) or with Cus- tor. Permission to depart shall not be toms before departing, as provided in given unless: § 122.133(c). (1) A complete manifest and Ship- In both cases, the third copy of the in- per’s Export Declarations as required ward stores list shall be filed with the by 15 CFR part 30 are filed; or outgoing stores list. (See § 122.133(c)). (2) An incomplete manifest under 15 CFR 30.24 is filed and the complete § 122.137 Certificate of use. manifest and Shipper’s Export Declara- Any liquor or tobacco withdrawn tions are filed within 7 business days from the in-bond storeroom and shown after departure. on the outgoing stores list shall be re-

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§ 122.144 Flights from the U.S. Virgin sonable time at the discretion of the Islands to the U.S. aircraft commander or agent. (a) Aircraft not inspected. This para- (2) A permit to proceed on Customs graph applies to aircraft departing Form 7507 shall be presented for air- from the U.S. Virgin Islands and arriv- craft registered in the U.S. which are: ing in the U.S., without having been in- (i) Of foreign origin; spected prior to departure. (ii) Not duty paid; and (1) On departure. Aircraft leaving the (iii) Proceeding carrying neither pas- U.S. Virgin Islands for the U.S. are sengers nor cargo. governed by the provisions of this part The permit to proceed, as required by that apply to aircraft leaving the U.S. subpart F of this part, shall be marked for a foreign area. with the port and date of inspection, (2) On arrival. Aircraft departing and shall be signed by the inspecting from the U.S. Virgin Islands and arriv- officer in the U.S. Virgin Islands. ing in the U.S. are governed by the pro- visions of this part that apply to air- (3) A permit to proceed on Customs craft arriving in the U.S. from a for- Form 7507 shall be presented for air- eign area. craft registered in a foreign country (b) Supervision. When aircraft are in- and proceeding carrying neither pas- spected by Customs in the U.S. Virgin sengers nor cargo. The permit to pro- Islands, the port director may order ceed, as required under subpart F of any supervision found necessary to pro- this part, shall be marked with the tect the revenue and enforce the laws port and date of inspection, and shall administered by Customs. This in- be signed by the inspecting officer in cludes the collection of duty and taxes the U.S. Virgin Islands. on articles bought in the U.S. Virgin (4) A permit to proceed, or other doc- Islands. ument, shall be filed as required under (c) Procedure. When an aircraft that subpart I of this part for an aircraft was inspected in the U.S. Virgin Is- carrying residue cargo and/or pas- lands arrives in the U.S. from the U.S. sengers. The permit to proceed shall be Virgin Islands, the aircraft commander marked with the port and date of in- must be able to give evidence of the in- spection, and it must be signed by the spection to Customs on request. Evi- inspecting officer in the U.S. Virgin Is- dence of the inspection shall be given lands. in the following manner: (1) A certificate on Customs Form 7507 shall be presented for aircraft reg- Subpart O—Flights to and From istered in the U.S.: Cuba (i) Of domestic origin; or (ii) Of foreign origin, if duty has been § 122.151 Definitions. paid and the aircraft is proceeding car- Under this subpart, the following rying neither passengers nor cargo, or definitions apply: with cargo and/or passengers solely (a) United States. The term ‘‘U.S.’’ in- from the U.S. Virgin Islands. cludes the several States, the District Two copies of the certificate shall be of Columbia, the U.S. Virgin Islands, given to the inspecting Customs offi- and Puerto Rico. cers in the U.S. Virgin Islands by the (b) Cuba. The term ‘‘Cuba’’ does not aircraft commander. The certificate include the Guantanamo Bay Naval shall be marked with the port and date Station. of inspection, and must be signed by the inspecting officer. The original of § 122.152 Application. the certificate must be returned to the This subpart applies to all aircraft aircraft commander, who must keep entering or departing the U.S. to or the certificate for a reasonable time from Cuba except public aircraft. after the end of the flight to the U.S. If requested, the certificate shall be pre- [T.D. 88–12, 53 FR 9292, Mar. 22, 1988, as sented to Customs. The certificate may amended by T.D. 97–82, 62 FR 51770, Oct. 3, be destroyed or disposed of after a rea- 1997]

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§ 122.153 Limitations on airport of reference purposes, the following is a entry or departure. list of airports that have been author- (a) Aircraft arrival and departure. The ized by CBP to accept aircraft trav- owner or person in command of any eling between Cuba and the United aircraft clearing the United States for States. or entering the United States from Cuba, whether the aircraft is departing Location Name on a temporary sojourn or for export, Jamaica, New York ...... John F. Kennedy International Air- must clear or obtain permission to de- port part from, or enter at, the Miami Inter- Los Angeles, California Los Angeles International Airport national Airport, Miami, Florida; the Miami, Florida ...... Miami International Airport John F. Kennedy International Air- port, Jamaica, New York; the Los An- [CBP Dec 11–05, 76 FR 5060, Jan. 28, 2011] geles International Airport, Los Ange- les, California; or any other airport § 122.154 Notice of arrival. that has been approved by CBP pursu- (a) Application. All aircraft entering ant to paragraph (b) of this section, the U.S. from Cuba must give advance and must comply with the require- notice of arrival, unless it is an Office ments in this part unless otherwise au- thorized by the Assistant Commis- of Foreign Assets Control (OFAC) ap- sioner, Office of Field Operations, CBP proved scheduled commercial aircraft Headquarters. of a scheduled airline. (b) CBP approval of airports of entry (b) Procedure for giving advance notice and departure. of arrival. The commander of an air- (1) Airports eligible to apply. An inter- craft covered by this section shall give national airport, landing rights air- the advance notice of arrival not less port, or user fee airport (as defined in than one (1) hour before crossing the § 122.1 and described in subpart B of U.S. coast or border. Notice shall be this part) that is equipped to facilitate given either: passport control and baggage inspec- (1) Through Federal Aviation Admin- tion, and otherwise process inter- istration flight notification procedure national flights and has an Office of (see International Flight Information Foreign Assets Control (OFAC) li- Manual, Federal Aviation Administra- censed carrier service provider that is tion); or prepared to provide flights between the (2) Directly to the CBP officer in airport and Cuba, may request CBP ap- charge at the applicable airport au- proval to become an airport of entry thorized pursuant to § 122.153. and departure for aircraft traveling to or from Cuba. (c) Contents of notice. The advance no- (2) Application and approval procedure. tice of arrival shall state: The director of the port authority gov- (1) Type of aircraft and registration erning the airport must send a written number; request to the Assistant Commissioner, (2) Name of aircraft commander; Office of Field Operations, CBP Head- (3) Number of U.S. citizen passengers; quarters, requesting approval for the (4) Number of alien passengers; airport to be able to accept aircraft (5) Place of last foreign departure; traveling to or from Cuba. Upon deter- (6) Estimated time and location of mination that the airport is suitable to crossing the U.S. coast or border; and provide such services, CBP will notify (7) Estimated time of arrival. the requestor that the airport has been (d) Private Aircraft. In addition to approved to accept aircraft traveling to these requirements, private aircraft or from Cuba, and that it may imme- diately begin to accept such aircraft. must also give notice of arrival pursu- For reference purposes, approved air- ant to § 122.22 of this part. ports will be listed on the CBP Web site [T.D. 88–12, 53 FR 9292, Mar. 22, 1988, as and in updates to paragraph (c) of this amended by T.D. 99–71, 64 FR 53628, Oct. 4, section. 1999; CBP Dec. 08-43, 73 FR 68313, Nov. 18, (c) List of airports authorized to accept 2008; CBP Dec 11–05, 76 FR 5061, Jan. 28, 2011] aircraft traveling to or from Cuba. For

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§ 122.155 Document to be presented overages, and failure to manifest nar- upon arrival. cotics or marihuana, in which cases the Upon arrival, the aircraft commander penalties set forth in section 584, Tariff shall present: Act of 1930, as amended (19 U.S.C. 1584) (a) A manifest of all passengers on apply, or for failure to report arrival or board, as required by the U.S. Immi- to present the documents required by gration and Naturalization Service § 122.27(c) of this part in which cases pursuant to 8 CFR 231.1(b), to an officer the penalties set forth in section 436, of the U.S. Immigration and Natu- Tariff Act of 1930, as amended (19 ralization Service or to a Customs offi- U.S.C. 1436) apply, and any aircraft cer acting as an Immigration officer; used in connection with any such viola- (b) The documents required by sub- tion shall be subject to seizure and for- part E of this part. feiture, as provided for in the Customs laws. A penalty or forfeiture may be § 122.156 Release of passengers. mitigated under part 171 of this chap- No passengers arriving from Cuba by ter. aircraft will be released by Customs, nor will the aircraft be cleared or per- [T.D. 91–61, 56 FR 32086, July 15, 1991, as mitted to depart before the passengers amended by T.D. 98–74, 63 FR 51289, Sept. 25, are released by an officer of the Immi- 1998] gration and Naturalization Service or by a Customs officer acting on behalf § 122.162 Failure to notify and explain differences in air cargo manifest. of that agency. (a) Application. Penalties shall be as- § 122.157 Documents required for sessed if differences in an air cargo clearance. manifest (overages or shortages) are As a condition precedent to clear- discovered and: ance, the aircraft commander shall (1) The required notice and expla- present to Customs: nation are not made in time; (a) The documents required by Sub- (2) The port director is not satisfied part H of this part; and that the differences were caused by (b) A validated license issued by the clerical error or other mistake; Department of Commerce, as provided (3) There has been a loss of revenue for in 15 CFR 371.19 or a license issued to the U.S.; or by the Department of State, as pro- vided in 22 CFR part 123. (4) The port director is not satisfied that there was a valid reason for delay § 122.158 Other entry and clearance re- in reporting any differences. quirements. (b) Definition. Under this section, All other provisions of this part re- ‘‘clerical error or other mistake’’ means lating to entry and clearance of air- a non-negligent, inadvertant, or typo- craft are applicable to aircraft subject graphical mistake in the preparation, to this subpart. assembly, or submission (electronically or otherwise) of the manifest. Subpart P—Public Aircraft (c) Repeated differences. If repeated [Reserved] differences are found in manifests filed by the same person, it may be deter- Subpart Q—Penalties mined that the differences were a re- sult of negligence and not clerical § 122.161 In general. error or other mistake. Except as provided in subpart S of (d) Knowledge. A penalty may be as- this part, any person who violates any sessed for differences in a manifest Customs requirements stated in this that are unknown to the aircraft com- part, or any regulation that applies to mander or owner. aircraft under § 122.2, is, in addition to [T.D. 88–12, 53 FR 9292, Mar. 22, 1988, as any other applicable penalty, subject amended by T.D. 99–64, 64 FR 43266, Aug. 10, to civil penalty of $5,000 as provided by 1999] 19 U.S.C. 1644 and 1644a, except for

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§ 122.163 Transit air cargo traveling to (b) Customs officers detecting pos- U.S. ports. sible violations shall report the matter (a) Application. If transit air cargo is to Headquarters, Attention: Entry Pro- traveling from the port of arrival to cedures and Carriers Branch. Liability another U.S. port under § 122.119, a li- should not be assessed under 49 U.S.C. ability shall be assessed, as set out in Chapter 463 pending instructions from § 18.8 of this chapter if there has been: Headquarters since certain limited do- mestic transportation by foreign civil (1) Shortage in delivery; aircraft is permitted under regulations (2) Irregular delivery; or issued by the Department of Transpor- (3) Non-delivery. tation. (b) Liabilities assessed. The liabilities assessed under this section are imposed [T.D. 88–12, 53 FR 9292, Mar. 22, 1988, as as liquidated damages under a carrier’s amended by T.D. 98–74, 63 FR 51289, Sept. 25, bond. 1998; T.D. 99–27, 64 FR 13675, Mar. 22, 1999] (c) Value of merchandise. The port di- rector shall determine the value of § 122.166 Arrival, departure, discharge, and documentation. merchandise for assessment purposes based on the following factors: (a) Liability for civil penalties. Except (1) Any data or documents available as otherwise provided, any aircraft to the airline which presented a receipt pilot violation of the requirements of for the transit air cargo, and available section 433, Tariff Act of 1930, as to the importing airline relating to the amended, (19 U.S.C. 1433), with respect description and value of the cargo; and to the following actions shall be liable (2) Other information available to the for civil penalties as provided by sec- port director relating to the same or tion 436, Tariff Act of 1930, as amended similar merchandise. If the data or (19 U.S.C. 1436), and described in para- documents required by this section are graph (c) of this section: not submitted within 90 days of the (1) Advance notification of arrival; date requested, the port director shall (2) Report of arrival; determine value on the basis of other (3) Landing of aircraft; available information. The transit air (4) Presentation of documentation; cargo manifest does not reflect value. (5) Departure from the port, place, or airport of arrival without authoriza- § 122.164 Transportation to another tion; or port for exportation. (6) Discharge of passenger, or mer- If transit air cargo is traveling from chandise (to include baggage) without the port of arrival to another U.S. port authorization. for later exportation, any liquidated (b) Liability for criminal penalties. damages for shortages or irregular de- Upon conviction, any aircraft pilot vio- livery shall be assessed as provided in lating any of the Customs require- § 122.163. ments described in paragraph (a) of this section shall, in addition to civil § 122.165 Air cabotage. penalties be subject to criminal pen- (a) The air cabotage law (49 U.S.C. alties as set forth in section 436, Tariff 41703) prohibits the transportation of Act of 1930, as amended, (19 U.S.C. persons, property, or mail for com- 1436), and described in paragraph (c) of pensation or hire between points of the this section. If the aircraft has or is U.S. in a foreign civil aircraft. The discovered to have had on board any term ‘‘foreign civil aircraft’’ includes merchandise (other than the equiva- all aircraft that are not of U.S. reg- lent, for a vessel, of sea stores) the im- istration except those foreign-reg- portation of which into the U.S. is pro- istered aircraft leased or chartered to a hibited, that person shall be subject to U.S. air carrier and operated under the an additional fine as set forth in 19 authority of regulations issued by the U.S.C. 1436 and described in paragraph Department of Transportation, as pro- (c) of this section. vided for in 14 CFR 121.153, and those (c) Civil and criminal penalties de- aircraft used exclusively in the service scribed—(1) Civil penalty. The pilot of of any government. any aircraft who fails to comply with

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the requirements of this section is lia- severe penalties are provided in 19 ble for a civil penalty of $5,000 for the U.S.C. 1590 if the smuggled merchan- first violation, and $10,000 for each sub- dise is a controlled substance. In such sequent violation. Any aircraft used in case, a violator is liable for a fine of connection with any such violation is not more than $250,000 or imprisonment subject to seizure and forfeiture. for not more than 20 years, or both. (2) Criminal penalty. In addition to (c) For purposes of imposing civil the civil penalty prescribed for viola- penalties under this section, any of the tion of this section, the pilot of any following acts, when performed within aircraft who intentionally fails to com- 250 miles of the territorial sea of the ply with the requirements of this sec- United States, shall be evidence that tion is liable, upon conviction, for a the transportation or possession of fine of not more than $2,000 or impris- merchandise was unlawful and shall in- onment for 1 year, or both. If the air- dicate that the purpose of the transfer craft is found to have, or to have had, was to make it possible for such mer- on board any merchandise the importa- chandise, or any part of it, to be intro- tion of which is prohibited, such indi- duced into the U.S. unlawfully. For vidual is liable for an additional fine of purposes of seizure and forfeiture, the not more than $10,000 or imprisonment following acts shall be evidence that an for not more than 5 years, or both. aircraft was used in connection with, (3) Additional civil penalty. If any mer- or to aid or facilitate, a violation of chandise, other than the equivalent of this section; vessel sea stores, is imported or brought into the U.S. aboard an air- (1) The operation of an aircraft with- craft which has failed to comply with out lights during such times as lights the requirements prescribed by this are required to be displayed under ap- section, the pilot of the aircraft shall plicable law. be liable for a civil penalty equal to (2) The presence on an aircraft of an the value of the merchandise, and the auxiliary fuel tank which is not in- merchandise may be seized and for- stalled in accordance with applicable feited, unless properly entered by the law. importer or consignee. (3) The failure to correctly identify the aircraft by registration number § 122.167 Aviation smuggling. and country of registration, when re- (a) Civil penalties. Any aircraft pilot quested to do so by a customs officer or who transports, or any person on board other government authority. any aircraft who possesses prohibited (4) The external display of false reg- or restricted merchandise knowing, or istration numbers or false country of intending, that the merchandise will be registration. introduced into the U.S. contrary to (5) The presence on board of law shall be subject to a civil penalty unmanifested merchandise, the impor- of twice the value of the merchandise tation of which is prohibited or re- involved, but not less than $10,000, as stricted. prescribed in section 590, Tariff Act of (6) The presence on board of con- 1930, as amended (19 U.S.C. 1590). Any trolled substances which are not mani- aircraft used in connection with, or in fested or which are not accompanied by aiding or facilitating, any violation of the permits or licenses required under 19 U.S.C. 1590, whether or not any per- Single Convention on Narcotic Drugs son is charged in connection with such or other international treaty. violation, may be seized and forfeited (7) The presence of any compartment in accordance with Customs laws. or equipment which is built or fitted (b) Criminal penalties. Any aircraft out for smuggling. pilot or person who intentionally vio- lates 19 U.S.C. 1590 is, upon conviction, subject to the criminal penalties of a Subpart R—Air Carrier Smuggling fine of not more than $10,000 or impris- Prevention Program onment for not more than 5 years, or both, if none of the merchandise in- SOURCE: T.D. 91–25, 56 FR 12347, Mar. 25, volved is a controlled substance. More 1991, unless otherwise noted.

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§ 122.171 Description of program. a SOP submitted by an applicant car- The Air Carrier Smuggling Preven- rier contains sufficient detail to assure tion Program (ACSPP) is designed to the proper level of care and diligence enlist the cooperation of the air car- required under the provisions of the riers, as defined in 19 U.S.C. 1584 note, ACSPP, the Assistant Commissioner, in Customs efforts to prevent the Office of Field Operations, will apply smuggling of controlled substances. If uniform standards and verify that, at a carriers develop and implement thor- minimum, procedures are in place ough and complete internal security which: procedures at ACSPP designated termi- (1) Assure positive security back- nals and foreign departure and inter- ground checks are performed on all mediate points, the opportunity for carrier employees, both those em- their conveyances being used for trans- ployed within the United States and portation of controlled substances will without, who have access to baggage, be greatly reduced. Participation in cargo or secure areas on participating the program is voluntary, and may be routes, to the extent permitted by law; limited to specific routes. Should a (2) Assure a system of positive bag- controlled substance be introduced into gage and cargo identification is em- the United States on a conveyance ployed at all terminals used by the car- owned or operated by a participating rier; carrier however, the carrier will be ex- (3) Assure the carrier employs a sys- empt from seizure and penalties should tem to assure that no unmanifested it satisfy the provisions of § 122.175 of cargo is placed on board the convey- this part. The program will be oper- ance or brought into the United States ational for a period of 2 years from De- cember 18, 1989, pursuant to 19 U.S.C. on any of their conveyances; 1584 note. (4) Assure the carrier has specific procedures through which it will notify § 122.172 Eligibility. Customs should it discover any Any air carrier whose international unmanifested or improperly manifested flights arrive at, or depart from, any of cargo on any of its conveyances or in the designated test airports, Miami any area subject to its control; International Airport, Dallas-Fort (5) Assure the carrier has an effective Worth International Airport, or Los and practical employee awareness Angeles International Airport, is eligi- training program in place; and ble for participation in the ACSPP. (6) Assure thorough security meas- ures are implemented at all foreign de- § 122.173 Application procedures. parture points on ACSPP participating (a) Application. An air carrier which routes which will assure that the car- wishes to participate in the ACSPP rier has control and knowledge of the shall submit an application to the As- baggage, cargo, passenger and other sistant Commissioner, Office of Field materials placed on board its aircraft. Operations, in which it: (c) Acceptance and notification. Upon (1) Identifies specific routes and des- verification by Customs that a car- ignated departure points and ACSPP rier’s SOP meets all the criteria out- airports for which application is made; lined in § 122.173(b) of this part, the car- (2) Certifies that it has developed and rier will be notified that its application will continue to maintain standard op- to the ACSPP has been accepted. Ac- erating procedures (SOP) which are de- ceptance into the ACSPP is made with signed to safeguard the integrity of its the understanding and expectation employees, cargo and conveyances. The that the carrier will continue to act application shall be accompanied by with the highest degree of care and three (3) copies of the SOP developed by the air carrier. diligence required under law and that (b) Approval criteria. Upon receipt, it will abide by and perform all ele- each application will be reviewed to de- ments of its approved SOP. termine whether the procedures con- [T.D. 91–25, 56 FR 12347, Mar. 25, 1991, as tained therein meet the requirements amended by T.D. 91–77, 56 FR 46115, Sept. 10, of the ACSPP. In determining whether 1991]

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§ 122.174 Operational procedures. erated by a participating carrier, or in (a) Participating carriers. Partici- cargo carried by a participating car- pating carriers are required to develop rier, on a route identified by the car- and adhere to procedures whereby they rier as one participating in the ACSPP will: and which has been approved by Cus- (1) Provide security personnel for toms, the participating air carrier every international arrival partici- shall be considered to have met the pating in the ACSPP to conduct the test of highest degree of care and dili- following procedures: gence required under law, and shall not (i) Perform a thorough internal and be subject to the penalty or seizure external search of the arriving aircraft; provisions of the Tariff Act of 1930, as (ii) Maintain total control of all pas- amended, if the carrier establishes at sengers and cargo being discharged an oral presentation before the port di- from the aircraft to either the Customs rector or his designee, that the carrier passenger hall or to the carrier’s cargo was not grossly negligent nor engaged facility; in willful misconduct, and that it had (iii) Verify that all cargo on aircraft complied with all the provisions of is properly manifested, marked and these regulations. weighed and that piece counts are properly performed; and § 122.176 Removal from ACSPP. (iv) Maintain physical security of the (a) Grounds for removal from ACSSPP. aircraft and ramp access to the aircraft The Assistant Commissioner, Office of while it is being offloaded. Field Operations, may revoke or (2) Provide security personnel at the supend the privilege of operating as a foreign point of departure for every member of the ACSPP if: international departure which is par- (1) Acceptance into the program was ticipating in ACSPP to conduct the fol- gained through fraud or the lowing procedures: misstatement of a material fact; (i) Perform a thorough internal and (2) The carrier refuses or neglects to external search of the departing air- obey any proper order of a Customs of- craft; ficer or any Customs order, rule, or (ii) Maintain total control of all pas- regulation relative to its cooperation sengers and cargo being loaded on the within the program; aircraft from either the passenger ter- (3) An officer of the carrier or cor- minal or the carrier’s cargo facility; poration which has been accepted into (iii) Verify that all cargo placed on the program is convicted of a felony or the aircraft is properly manifested, misdemeanor involving theft, smug- marked and weighed and that piece gling, or other theft-connected crime counts are properly performed; which was committed in his or her offi- (iv) Maintain physical security of the cial capacity as an officer of the car- aircraft and ramp access to the aircraft rier, or is convicted of any Customs-re- while it is being loaded; and lated crime; (v) Maintain similar positive security (4) The carrier fails to retain mer- measures at all foreign intermediate chandise which has been designated for airports prior to the arrival of the air- examination; craft at an ACSPP designated airport. (5) The carrier does not provide se- (b) U.S. Customs. U.S. Customs will: cure facilities or properly safeguard (1) Retain all current options avail- merchandise within its area of control; able regarding the search and inspec- or tion of any and all passengers, cargo (6) The carrier fails to observe any of and conveyances; and the procedures which it had set forth in (2) Provide training to carrier per- the SOP which served as the basis for sonnel to assist the development of the carrier’s acceptance into the pro- proper operational procedures. gram; and (7) The carrier has been notified in § 122.175 Exemption from penalties. writing that it has been found in non- Should a controlled substance be in- compliance with a provision of the pro- troduced into the United States or dis- gram and has failed to correct such covered aboard an aircraft owned or op- noncompliance after having been given

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a reasonable opportunity to correct pose of prohibiting unauthorized en- such noncompliance. tries or contact with persons or ob- (b) Notice and appeal. The Assistant jects. Commissioner, Office of Field Oper- [T.D. 90–82, 55 FR 42557, Oct. 22, 1990, as ations, shall suspend or remove partici- amended by T.D. 02–40, 67 FR 48984, July 29, pants from the ACSPP by serving no- 2002] tice of the proposed action upon the carrier in writing. The notice shall be § 122.182 Security provisions. in the form of a statement specifically (a) Customs access seal required. With setting forth the grounds for suspen- the exception of all Federal and uni- sion or removal and shall provide the formed State and local law enforce- carrier with notice that it may file a ment personnel and aircraft passengers written notice of appeal from suspen- and crew, all persons located at, oper- sion or revocation within 10 days fol- ating out of, or employed by any air- lowing receipt of the notice of revoca- port accommodating international air tion or suspension. The notice of ap- commerce or its tenants or contrac- peal shall be filed in duplicate to the tors, including air carriers, who have office of the Assistant Commissioner, unescorted access to the Customs secu- Field Operations, and shall set forth re- rity area, must openly display or sponse of the carrier to the statement produce upon demand an approved ac- of the Assistant Commissioner. cess seal issued by Customs. The ap- (c) Notice of decision. The Assistant proved Customs access seal must be in Commissioner, Office of Field Oper- the possession of the person in whose ations, shall notify the participating name it is issued whenever the person carrier in writing of the decision con- is in the Customs security area and cerning continued participation in the must be used only in furtherance of program. that person’s employment in accord- (d) Use of uniform criteria. When mak- ance with the description of duties sub- ing any determination regarding a car- mitted by the employer under para- rier’s participation or continuation in graph (c)(1) of this section. The Cus- the ACSPP, the Assistant Commis- toms access seal remains the property sioner, Office of Field Operations, shall of Customs, and any bearer must im- employ a uniform standard of perform- mediately surrender it as provided in ance and evaluation. paragraph (g) of this section or upon [T.D. 91–25, 56 FR 12347, Mar. 25, 1991, as demand by any authorized Customs of- amended by T.D. 91–77, 56 FR 46115, Sept. 10, ficer for any cause referred to in 1991; T.D. 99–27, 64 FR 13675, Mar. 22, 1999] § 122.187(a). Unless surrendered pursu- ant to paragraph (g) of this section or Subpart S—Access to Customs § 122.187, each approved Customs access Security Areas seal issued under paragraph (c)(1) of this section will remain valid for 2 SOURCE: T.D. 90–82, 55 FR 42557, Oct. 22, years from January 1, 2002, in the case 1990, unless otherwise noted. of a Customs access seal issued prior to that date and for 2 years from the date § 122.181 Definition of Customs secu- of issuance in all other cases. Reten- rity area. tion of an approved Customs access For purposes of this section, the term seal beyond the applicable 2-year pe- ‘‘Customs security area’’ means the riod will be subject to the reapplica- Federal inspection services area at any tion provisions of paragraph (c)(2) of airport accommodating international this section. air commerce designated for processing (b) Employers responsibility. Employ- passengers, crew, their baggage and ef- ers operating in Customs airport secu- fects arriving from, or departing to, rity areas shall advise all employees of foreign countries, as well as the air- the provisions of the Customs regula- craft deplaning and ramp area and tions relative to those areas, require other restricted areas designated by employees to familiarize themselves the port director. These areas will be with those provisions and insure em- posted as restricted to the extent pos- ployee compliance. The employer shall sible and are established for the pur- also advise the port director of any

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changes of employment pursuant to (ii) Proof of citizenship or authorized § 122.182(g). residency and a photograph may also (c) Application requirements—(1) Initial be required. application. An application for an ap- (2) Reapplication. If a person wishes to proved Customs access seal, as required retain an approved Customs access seal by this section, must be filed by the ap- for one or more additional 2-year peri- plicant with the port director on Cus- ods beyond the 2-year period referred toms Form 3078 and must be supported to in paragraph (a) of this section, that by a written request and justification person must submit a new application for issuance prepared by the appli- no later than 30 calendar days prior to cant’s employer that describes the du- the start of each additional period. The ties that the applicant will perform new application must be filed in the manner specified in paragraph (c)(1) of while in the Customs security area. this section for an initial application, The application requirement applies to and the port director may also require all employees required to display an the submission of fingerprints as pro- approved Customs access seal by this vided in paragraph (c)(1)(i) of this sec- section, regardless of the length of tion. The new application will be sub- their employment. The application ject to review on a de novo basis as if must be supported by the bond of the it were an initial application except applicant’s employer or principal on that the written attestation referred to Customs Form 301 containing the bond in paragraph (d) of this section will not conditions set forth in § 113.62, § 113.63, be required if there has been no change or § 113.64 of this chapter, relating to in the employment of the applicant importers or brokers, custodians of since the last attestation was sub- bonded merchandise, or international mitted to Customs. carriers. If the applicant’s employer is (d) Background check. An authorized not the principal on a Customs bond on official of the employer must attest in Customs Form 301 for one or more of writing that a background check has the activities to which the bond condi- been conducted on the applicant, to the tions set forth in § 113.62, § 113.63, or extent allowable by law. The back- § 113.64 relate, the application must be ground check must include, at a min- supported by an Airport Customs Secu- imum, references and employment his- rity Area Bond, as set forth in appen- tory, to the extent necessary to verify dix A of part 113 of this chapter. The representations made by the applicant latter bond may be waived, however, relating to employment in the pre- for State or local government-related ceding 5 years. The authorized official agencies in the discretion of the port of the employer must attest that, to director. Waiver of this bond does not the best of his knowledge, the appli- relieve the agency in question or its cant meets the conditions necessary to employees from compliance with all perform functions associated with em- other provisions of this subpart. In ad- ployment in the Customs security area. dition, in connection with an applica- Additionally, the application may be investigated by Customs and a report tion for an approved Customs access prepared concerning the character of seal under this section: the applicant. Records of background (i) The port director may require the investigations conducted by employers applicant to submit fingerprints on must be retained for a period of one form FD–258 or on any other approved year following cessation of employ- medium either at the time of, or fol- ment and made available upon request lowing, the filing of the application. If of the port director. required, the port director will inform (e) Law Enforcement officers and other the applicant of the current Federal governmental officials. Law enforcement Bureau of Investigation user fee for officers and other Federal, State, or conducting fingerprint checks and the local officials whose official duties re- Customs administrative processing fee, quire access to the Customs security the total of which must be tendered by, area may request from the port direc- or on behalf of, the applicant with the tor the issuance of an approved Cus- application; and toms access seal. They need not make

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application nor submit to background cess seal or the revocation or suspen- checks for security area access. An Air- sion of access under § 122.182(g) or port Customs Security Area Bond is § 122.187; not required. (2) Evidence of a pending or past in- (f) Replacement access seal. A new Cus- vestigation establishing probable cause tom access seal may be obtained from to believe that the applicant has en- the port director in the following cir- gaged in any conduct which relates to, cumstances, without the completion of or which could lead to a conviction for, an additional application, except as de- a disqualifying offense listed under termined by the port director in his paragraph (a)(4) of this section; discretion: (3) The arrest of the applicant for, or (1) A change in employee name or ad- the charging of the applicant with, a dress; disqualifying offense listed under para- (2) A change in the name or owner- graph (a)(4) of this section on which ship of the employing company; prosecution or other disposition is (3) A change in employer or airport pending; authority identification card format; (4) A disqualifying offense committed or by the applicant. For purposes of this (4) Loss or theft of the Customs ac- paragraph, an applicant commits a dis- cess seal (see § 122.185 of this part). qualifying offense if the applicant has (g) Surrender of access seal. Where the been convicted of, or found not guilty employee no longer requires access to of by reason of insanity, or has com- the Customs security area for an ex- mitted any act or omission involving, tended period of time at the airport of any of the following in any jurisdiction issuance due to a change in duties, ter- during the 5-year period, or any longer mination of employment, or other rea- period that the port director deems ap- son, or where the 2-year period referred propriate for the offense in question, to in paragraph (a) of this section ex- prior to the date of the application sub- pires and a new application under para- mitted under § 122.182 or at any time graph (c)(2) of this section has not been while in possession of an approved Cus- approved, the employer shall notify the toms access seal: port director in writing, at the time of (i) Forgery of certificates, false such change, and shall return the Cus- marking of aircraft, and other aircraft toms access seal to Customs. The noti- registration violation (49 U.S.C. 46306); fication shall include information re- (ii) Interference with air navigation garding the disposition of the approved (49 U.S.C. 46308); Customs access seal of the employee. (iii) Improper transportation of a [T.D. 90–82, 55 FR 42557, Oct. 22, 1990, as hazardous material (49 U.S.C. 46312); amended by T.D. 93–18, 58 FR 15773, Mar. 24, (iv) Aircraft piracy in the special air- 1993; T.D. 02–40, 67 FR 48984, July 29, 2002; 67 craft jurisdiction of the United States FR 51928, Aug. 9, 2002] (49 U.S.C. 46502(a)); (v) Interference with flight crew § 122.183 Denial of access. members or flight attendants (49 U.S.C. (a) Grounds for denial. Access to the 46504); Customs security area will not be (vi) Commission of certain crimes granted, and therefore an approved aboard aircraft in flight (49 U.S.C. Customs access seal will not be issued, 46506); to any person whose access to the Cus- (vii) Carrying a weapon or explosive toms security area will, in the judg- aboard aircraft (49 U.S.C. 46505); ment of the port director, endanger the (viii) Conveying false information revenue or the security of the area or and threats (49 U.S.C. 46507); pose an unacceptable risk to public (ix) Aircraft piracy outside the spe- health, interest or safety, national se- cial aircraft jurisdiction of the United curity, or aviation safety. Specific States (49 U.S.C. 46502(b)); grounds for denial of access to the Cus- (x) Lighting violations involving toms security area include, but are not transportation of controlled substances limited to, the following: (49 U.S.C. 46315); (1) Any cause which would justify a (xi) Unlawful entry into an aircraft demand for surrender of a Customs ac- or airport area that serves air carriers

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or foreign air carriers contrary to es- (xxxvi) violations; tablished security requirements (49 or U.S.C. 46314); (xxxvii) Conspiracy or attempt to (xii) Destruction of an aircraft or air- commit any of the offenses or acts re- craft facility (18 U.S.C. 32); ferred to in paragraphs (a)(4)(i) through (xiii) Murder; (a)(4)(xxxv) of this section; (xiv) Assault with intent to murder; (5) Denial or suspension of the appli- (xv) Espionage; cant’s unescorted access authority to a (xvi) Sedition; Security Identification Display Area (xvii) Kidnapping or hostage taking; (SIDA) pursuant to regulations pro- (xviii) Treason; mulgated by the U.S. Federal Aviation (xix) Rape or aggravated sexual Administration or other appropriate abuse; government agency; or (xx) Unlawful possession, use, sale, (6) Inability of the applicant’s em- distribution, or manufacture of an ex- ployer or Customs to complete a mean- plosive or weapon; ingful background check or investiga- (xxi) Extortion; tion of the applicant. (xxii) Armed or felony unarmed rob- (b) Notification of denial. The port di- bery; rector shall give written notification (xxiii) Distribution of, or intent to to any person whose application for ac- distribute, a controlled substance; cess to the Customs security area has (xxiv) Felony arson; been denied, fully stating the reasons (xxv) Felony involving: for denial and setting forth specific ap- (A) A threat; peal procedures. The employer shall be (B) Willful destruction of property; notified in writing that the applicant (C) Importation or manufacture of a has been denied access to the area and controlled substance; that the detailed reasons for the denial (D) Burglary; have been furnished to the applicant. (E) Theft; Detailed reasons regarding the denial, (F) Dishonesty, fraud, or misrepre- however, shall not be furnished to the sentation; (G) Possession or distribution of sto- employer by Customs. len property; (c) Appeal of denial. The denial will be (H) Aggravated assault; final unless the applicant files with the (I) Bribery; or port director a written notice of appeal (J) Illegal possession of a controlled within 10 days following receipt of the substance punishable by a maximum notice of denial. The notice of appeal term of imprisonment of more than one shall be filed in duplicate and shall set year; forth the response of the applicant to (xxvi) Violence at an airport serving the statement of the port director. The international civil aviation (18 U.S.C. port director will render his decision 37); on the appeal to the applicant in writ- (xxvii) Embezzlement; ing within 30 calendar days of receipt (xxviii) Perjury; of the notice of appeal and, if the appli- (xxix) Robbery; cation is denied on appeal, the decision (xxx) Crimes associated with ter- will advise the applicant of the proce- rorist activities; dures for filing a further appeal pursu- (xxxi) Sabotage; ant to paragraph (d) of this section. (xxxii) Assault with a deadly weapon; (d) Further appeal of denial. Where the (xxxiii) Illegal use or possession of application on appeal is denied by the firearms or explosives; port director, the applicant may file a (xxxiv) Any violation of a U.S. immi- further written notice of appeal with gration law; the director of field operations at the (xxxv) Any violation of a Customs Customs Management Center having law or any other law administered or jurisdiction over the office of the port enforced by Customs involving nar- director within 10 calendar days of re- cotics or controlled substances, com- ceipt of the port director’s decision on mercial fraud, currency or financial the appeal. The further notice of appeal transactions, smuggling, failure to re- must be filed in duplicate and must set port, or failure to declare; forth the response of the applicant to

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the decision of the port director. The fact even though the employee may director of field operations will review have separately reported that fact to the appeal and render a written deci- the port director under paragraph (b) of sion. The final decision will be trans- this section. In addition, each em- mitted to the port director and served ployer must submit to the port direc- by him on the applicant. tor during the first month of each cal- [T.D. 90–82, 55 FR 42557, Oct. 22, 1990, as endar quarter a report setting forth a amended by T.D. 02–40, 67 FR 48985, July 29, current list of all its employees who 2002] have an approved Customs access seal. The quarterly report must list sepa- § 122.184 Change of identification; rately all additions to, and deletions change in circumstances of em- from, the previous quarterly report. ployee; additional employer respon- Moreover, each employer must take sibilities. appropriate steps to ensure that an em- (a) Change of identification. The Cus- ployee uses an approved Customs ac- toms access seal may be removed from cess seal only in connection with ac- the employee by the port director tivities relating to his employment. where, for security reasons, a change in the nature of the identification card or [T.D. 02–40, 67 FR 48986, July 29, 2002; 67 FR other medium on which it appears is 51928, Aug. 9, 2002] necessary. (b) Change in circumstances of em- § 122.185 Report of loss or theft of Cus- ployee. If, after issuance of a Customs toms access seal. access seal to an employee, any cir- The loss or theft of an approved Cus- cumstance arises (for example, an ar- toms access seal must be promptly re- rest or conviction for a disqualifying ported in writing by the employee to offense) that constitutes a ground for the port director. The Customs access denial of access to the Customs secu- seal may be replaced, as provided in rity area under § 122.183(a) or for rev- § 122.182(f). ocation or suspension of access to the Customs security area and surrender of [T.D. 02–40, 67 FR 48986, July 29, 2002] the Customs access seal under § 122.187(a), the employee must within § 122.186 Presentation of Customs ac- cess seal by other person. 24 hours advise the port director in writing of that change in cir- If an approved Customs access seal is cumstance. In the case of an arrest or presented by a person other than the prosecution for a disqualifying offense one to whom it was issued, the Cus- listed in § 122.183(a)(4), the employee toms access seal will be removed and also must within 5 calendar days advise destroyed. An approved Customs access the port director in writing of the final seal may be removed from an employee disposition of that arrest or prosecu- by any Customs officer designated by tion. In addition, if an airport operator the port director. or an aircraft operator suspends an em- ployee’s unescorted access authority to [T.D. 02–40, 67 FR 48986, July 29, 2002] a Security Identification Display Area § 122.187 Revocation or suspension of pursuant to regulations promulgated access. by the U.S. Federal Aviation Adminis- tration or other appropriate govern- (a) Grounds for revocation or suspen- ment agency and the employee also has sion of access—(1) General. The port di- an approved Customs access seal, the rector: employee must within 24 hours advise (i) Must immediately revoke or sus- the port director in writing of the fact pend an employee’s access to the Cus- of, and basis for, the suspension. toms security area and demand the im- (c) Additional employer responsibilities. mediate surrender of the employee’s If an employer becomes aware of any approved Customs access seal for any change in the circumstances of its em- ground specified in paragraph (a)(2) of ployee as described in paragraph (b) of this section; or this section, the employer must imme- (ii) May propose the revocation or diately advise the port director of that suspension of an employee’s access to

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the Customs security area and the sur- sureties, and a satisfactory new bond render of the employee’s approved Cus- with good and sufficient sureties is not toms access seal whenever, in the judg- furnished within a reasonable time; ment of the port director, it appears (ix) The employee no longer requires for any ground not specified in para- access to the Customs security area for graph (a)(2) of this section that contin- an extended period of time at the air- ued access might pose an unacceptable port of issuance because of a change in risk to public health, interest or safe- duties, termination of employment, or ty, national security, aviation safety, other reason; or the revenue, or the security of the (x) The employee or employer fails to area. In this case the port director will provide the notification of a change in provide the employee with an oppor- circumstances as required under tunity to respond to the notice of pro- § 122.184(b) or (c) or the employee fails posed action. to report the loss or theft of a Customs (2) Specific grounds. Access to the access seal as required under § 122.185. Customs security area will be revoked (b) Notice of revocation or suspension. or suspended, and surrender of an ap- The port director will revoke or sus- proved Customs access seal will be de- pend access to the Customs security manded, in any of the following cir- area and demand surrender of the Cus- cumstances: toms access seal by giving notice of the (i) There is probable cause to believe revocation or suspension and demand that an approved Customs access seal in writing to the employee, with a copy was obtained through fraud, a material of the notice to the employer. The no- omission, or the misstatement of a ma- tice will indicate whether the revoca- terial fact; tion or suspension is effective imme- (ii) The employee is or has been con- diately or is proposed. victed of, or found not guilty of by rea- (1) Immediate revocation or suspension. son of insanity, or there is probable When the revocation or suspension of cause to believe that the employee has access and the surrender of the Cus- committed any act or omission involv- toms access seal are effective imme- ing, an offense listed in § 122.183(a)(4); diately, the port director will issue a (iii) The employee has been arrested final notice of revocation or suspen- for, or charged with, an offense listed sion. The port director or his designee in § 122.183(a)(4) and prosecution or may deny physical access to the Cus- other disposition of the arrest or toms security area and may demand charge is pending; surrender of an approved Customs ac- (iv) The employee has engaged in any cess seal at any time on an emergency other conduct that would constitute a basis prior to issuance of a final notice ground for denial of access to the Cus- of revocation or suspension whenever toms security area under § 122.183; in the judgment of the port director or (v) The employee permits the ap- his designee an emergency situation in- proved Customs access seal to be used volving public health, safety, or secu- by any other person or refuses to open- rity is involved and, in such a case, a ly display or produce it upon the prop- final notice of revocation or suspension er demand of a Customs officer; will be issued to the affected employee (vi) The employee uses the approved within 10 calendar days of the emer- Customs access seal in connection with gency action. A final notice of revoca- a matter not related to his employ- tion or suspension will state the spe- ment or not constituting a duty de- cific grounds for the immediate revoca- scribed in the written justification re- tion or suspension, direct the employee quired by § 122.182(c)(1); to immediately surrender the Customs (vii) The employee refuses or ne- access seal if that Customs access seal glects to obey any proper order of a has not already been surrendered, and Customs officer, or any Customs order, advise the employee that he may rule, or regulation; choose to pursue one of the following (viii) For all employees of the bond two options: holder, if the bond required by (i) Submit a new application for an § 122.182(c) is determined to be insuffi- approved Customs access seal, in ac- cient in amount or lacking sufficient cordance with the provisions of

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§ 122.182(c), on or after the 180th cal- options specified in paragraphs (b)(1)(i) endar day following the date of the and (ii) of this section. final notice of revocation or suspen- (B) Based on response. If the employee sion; or files a timely response, the port direc- (ii) File a written administrative ap- tor will issue a final determination re- peal of the final notice of revocation or garding the status of the employee’s suspension with the port director in ac- right of access to the Customs security cordance with paragraph (c) of this sec- area within 30 calendar days of the tion within 30 calendar days of the date date the employee’s response was re- of the final notice of revocation or sus- ceived by the port director. If this final pension. The appeal may request that a determination is adverse to the em- hearing be held in accordance with ployee, then the final notice of revoca- paragraph (d) of this section, and in tion or suspension will state the spe- that case the appeal also must dem- cific grounds for the revocation or sus- onstrate that there is a genuine issue pension, direct the employee to imme- of fact that is material to the revoca- diately surrender the Customs access tion or suspension action. seal, and advise the employee that he (2) Proposed revocation or suspension— may choose to pursue one of the two (i) Issuance of notice. When the revoca- options specified in paragraphs (b)(1)(i) tion or suspension of access and the and (ii) of this section. surrender of the Customs access seal is (c) Appeal procedures—(1) Filing of ap- proposed, the port director will issue a peal. The employee may file a written notice of proposed revocation or sus- appeal of the final notice of revocation pension. The notice of proposed revoca- or suspension with the port director tion or suspension will state the spe- within 10 calendar days following re- cific grounds for the proposed action, ceipt of the final notice of revocation inform the employee that he may con- or suspension. The appeal must be filed tinue to have access to the Customs se- in duplicate and must set forth the re- curity area and may retain the Cus- sponse of the employee to the state- toms access seal pending issuance of a ment of the port director. The port di- final notice under paragraph (b)(2)(ii) rector may, in his discretion, allow the of this section, and advise the em- employee additional time to submit ployee that he may file with the port documentation or other information in director a written response addressing support of the appeal. the grounds for the proposed action (2) Action by port director—(i) If a within 10 calendar days of the date the hearing is requested. If the appeal re- notice of proposed action was received quests that a hearing be held, the port by the employee. The employee may director will first review the appeal to respond by accepting responsibility, determine whether there is a genuine explaining extenuating circumstances, issue of fact that is material to the and/or providing rebuttal evidence. The revocation or suspension action. If a employee also may ask for a meeting hearing is required because the port di- with the port director or his designee rector finds that there is a genuine to discuss the proposed action. issue of fact that is material to the (ii) Final notice—(A) Based on non- revocation or suspension action, a response. If the employee does not re- hearing will be held, and a decision on spond to the notice of proposed action, the appeal will be rendered, in accord- the port director will issue a final no- ance with paragraphs (d) through (f) of tice of revocation or suspension within this section. If the port director finds 30 calendar days of the date the notice that there is no genuine issue of fact of proposed action was received by the that is material to the revocation or employee. The final notice of revoca- suspension action, no hearing will be tion or suspension will state the spe- held and the port director will forward cific grounds for the revocation or sus- the administrative record as provided pension, direct the employee to imme- in paragraph (c)(2)(ii) of this section diately surrender the Customs access for the rendering of a decision on the seal, and advise the employee that he appeal under paragraph (c)(3) of this may choose to pursue one of the two section.

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(ii) CMC review. If no hearing is re- ther the employee nor his attorney ap- quested or if the port director finds pears for a scheduled hearing, the hear- that a requested hearing is not re- ing officer must record that fact, ac- quired, following receipt of the appeal cept any appropriate testimony, and the port director will forward the ad- conclude the hearing. The hearing offi- ministrative record to the director of cer must promptly transmit all papers, field operations at the Customs Man- together with his recommendations, to agement Center having jurisdiction the director of field operations. over the office of the port director for (e) Additional written views. Within 10 a decision on the appeal. The trans- calendar days after delivery of a copy mittal of the port director must in- of the stenographic record of the hear- clude a response to any disputed issues ing to the director of field operations, raised in the appeal. either party may submit to the direc- (3) Action by the director. Following tor of field operations additional writ- receipt of the administrative record ten views and arguments on matters in from the port director, the director of the record. A copy of any submission field operations will render a written will be provided to the other party. decision on the appeal based on the Within 10 calendar days of receipt of record forwarded by the port director. the copy of the submission, the other The decision will be rendered within 30 party may file a reply with the director calendar days of receipt of the record of field operations, and a copy of the and will be transmitted to the port di- reply will be provided to the other rector and served by the port director party. No further submissions will be on the employee. A decision on an ap- accepted. peal rendered under this paragraph will (f) Decision. After consideration of constitute the final administrative ac- the recommendation of the hearing of- tion on the matter. ficer and any additional written sub- (d) Hearing. A hearing will be con- missions and replies made under para- ducted in connection with an appeal of graph (e) of this section, the director of a final notice of revocation or suspen- field operations will render a written sion of access to the Customs security decision. The decision will be trans- area only if the affected employee in mitted to the port director and served writing requests a hearing and dem- by the port director on the employee. A onstrates that there is a genuine issue decision on an appeal rendered under of fact that is material to the revoca- this paragraph will constitute the final tion or suspension action. If a hearing administrative action on the matter. is required, it must be held before a hearing officer designated by the Com- [T.D. 02–40, 67 FR 48986, July 29, 2002; 67 FR missioner, or his designee. The em- 51928, Aug. 9, 2002; 67 FR 54023, Aug. 20, 2002] ployee will be notified of the time and place of the hearing at least 5 calendar § 122.188 Issuance of temporary Cus- days before the hearing. The employee toms access seal. may be represented by counsel at the (a) Conditions for issuance. When an revocation or suspension hearing. All approved Customs access seal is re- evidence and testimony of witnesses in quired under § 122.182(a) of this part and the proceeding, including substan- the port director determines that the tiation of charges and the answer to application cannot be administratively the charges, must be presented. Both processed in a reasonable period of parties will have the right of time, an employer may, upon written cross’examination. A stenographic request, be issued a temporary Cus- record of the proceedings will be made toms access seal for his employee. The upon request and a copy furnished to employer must satisfy the port direc- the employee. At the conclusion of the tor that a hardship would result if the proceedings or review of a written ap- request is not granted. Surety on the peal, the hearing officer must promptly bond, as required by § 122.182(c), may be transmit all papers and the steno- waived in the discretion of the port di- graphic record to the director of field rector but only for the period of the operations, together with the rec- temporary Customs access seal and its ommendation for final action. If nei- renewal period.

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VerDate Mar<15>2010 17:08 Apr 28, 2011 Jkt 223059 PO 00000 Frm 00782 Fmt 8010 Sfmt 8010 Q:\19\19V1 ofr150 PsN: PC150 U.S. Customs and Border Protection, DHS; Treasury Pt. 123

(b) Validation period. The temporary PART 123—CBP RELATIONS WITH Customs access seal shall be valid for a CANADA AND MEXICO period of 60 days. The port director may renew the temporary Customs ac- Sec. cess seal for additional 30 day periods 123.0 Scope. where the circumstances under which the temporary Customs access seal was Subpart A—General Provisions originally issued continue to exist. The 123.1 Report of arrival from Canada or Mex- temporary Customs access seal shall be ico and permission to proceed. destroyed by the port director when 123.2 Penalty for failure to report arrival or the permanent approved Customs ac- for proceeding without a permit. cess seal is issued, or the privileges 123.3 Inward foreign manifest required. granted thereby are withdrawn. 123.4 Inward foreign manifest forms to be used. (c) Temporary employees and official 123.5 Certification and filing of inward for- visitors. The provisions of this section eign manifest. shall also apply to temporary employ- 123.6 Train sheet for arriving railroad ees and official visitors requiring ac- trains. cess to the Customs security area. In 123.7 Manifest used as an entry for uncondi- tionally free merchandise valued not the case of temporary employees, the over $250. Customs access seal shall be valid for a 123.8 Permit or special license to unlade or period of 30 days. In the case of official lade a vessel or vehicle. visitors, the temporary Customs access 123.9 Explanation of a discrepancy in a seal shall be valid for the day of manifest. issuance only. Temporary employee 123.10 General order merchandise. and official visitor Customs access seal Subpart B—International Traffic are renewable for periods equal to their original period of validity. 123.11 Supplies on international trains. (d) Revocation of denial and access. 123.12 Entry of foreign locomotives and equipment in international traffic. The temporary Customs access seal 123.13 Foreign repairs to domestic loco- may be revoked and access to the Cus- motives and other domestic railroad toms security area denied at any time equipment. if the holder of the temporary Customs 123.14 Entry of foreign-based trucks, busses, access seal refuses or neglects to obey and taxicabs in international traffic. any proper order of a Customs officer, 123.15 Vehicles of foreign origin used be- tween communities of the United States or any Customs order, rule, or regula- and Canada or Mexico. tion, or if, in the judgment of the port 123.16 Entry of returning trucks, busses, or director, continuation of the privileges taxicabs in international traffic. granted thereby would endanger the 123.17 Foreign repairs to domestic trucks, revenue or pose a threat to the Cus- busses, taxicabs and their equipment. 123.18 Equipment and materials for con- toms security area. structing bridges or tunnels between the [T.D. 90–82, 55 FR 42557, Oct. 22, 1990, as United States and Canada or Mexico. amended by T.D. 02–40, 67 FR 48988, July 29, 2002] Subpart C—Shipments In Transit Through Canada or Mexico § 122.189 Bond liability. 123.21 Merchandise in transit. Any failure on the part of a principal 123.22 In-transit manifest. to comply with the conditions of the 123.23 Train sheet for in-transit rail ship- ments. bond required under § 122.182(c), includ- 123.24 Sealing of conveyances or compart- ing a failure of an employer to comply ments. with any requirement applicable to the 123.25 Certification and disposition of mani- employer under this subpart, will con- fests. stitute a breach of the bond and may 123.26 Transshipment of merchandise mov- result in a claim for liquidated dam- ing through Canada or Mexico. 123.27 Feeding and watering animals in Can- ages under the bond. ada. [T.D. 02–40, 67 FR 48988, July 29, 2002] 123.28 Merchandise remaining in or exported to Canada or Mexico.

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