4.4_Private Aircraft Defined
4.4.1_For the purpose of this section, _private
aircraft" means any civil aircraft not being used to
transport persons or property for compensation or
hire. The term ‘‘person transported for compensation
or hire" means a person who would not be transported
unless there was some payment or other consideration, including monetary or services rendered, by or
for the person and who is not connected with the
operation of the aircraft or its navigation, ownership,
or business. An aircraft will be presumed to not be
carrying persons or merchandise for hire, and thus
will be a private aircraft for Customs purposes, when
the aircraft is transporting only the aircraft owner’s
employees, invited guests, or the aircraft owner’s
own property. This presumption may be overcome by
evidence that the employees, _guests," or property
are being transported for compensation or other
consideration. If an aircraft is used by a group of
individuals, one of whom is the pilot making the
flight for his/her own convenience, and all persons
aboard the aircraft including the pilot contribute
equally toward payment of the expense of operating
the aircraft owned or rented by them, the aircraft
would be considered private.
4.5_Exemption from the Landing Requirement
4.5.1_The owner or aircraft commander of a private
aircraft required to furnish a notice of intended arrival
in compliance with paragraph 4.1.9 of this section
may request an exemption from the landing
requirement specified in paragraph 4.3 of this section.
If approved, the applicant is bound to comply with all
other requirements, including operating at or above
12,500 feet mean sea level, providing advance notice
of penetration to U.S. Customs at least one hour in
advance of crossing the border or coastline,
furnishing advance notice of arrival at the first
intended airport of landing, etc. The request should be
addressed to the Port Director of U.S. Customs
having jurisdiction over the airport to be utilized most
frequently when arriving from points south of the
U.S. Requests for exemptions can be for either a
single specific flight or term (one year) approval.
Applications for a single overflight exemption must
be received at least 15 days in advance of the intended
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date of arrival; for term exemption, at least 30 days in
advance.
4.5.2_Air charters or taxi service cannot be granted
an unqualified term exemption since they cannot
reasonably comply with the requirements of a term
application, namely, comprehensive details of the
passengers they will transport in the course of one
year. By submitting all other details, air charters/taxis
will accrue the benefit of _conditional" approval.
This approval is called conditional because the
operator must receive the concurrence of the Port
Director prior to each trip. Concurrence will be based
upon factors such as the foreign point of departure to
the U.S. and the passengers being transported. The
benefit realized by the charter/taxi operator is that the
time constraints listed above for timely submission of
single overflight exemptions can be drastically
reduced. Local Customs Ports will establish
minimum time frames in accordance with their own
requirements.
4.5.3_Required elements of any overflight exemption include the following:
4.5.3.1_Aircraft registration number and serial
number.
4.5.3.2_Identification information for the aircraft
(make, model, color scheme, and type, such as
turboprop, etc.).
4.5.3.3_A statement that the aircraft is equipped with
a functioning mode C (altitude reporting) transponder which will be in use during the overflight.
4.5.3.4_A statement that the aircraft is capable of
flying above 12,500 feet and that it will be operated
at such an altitude when utilizing the overflight
exemption unless ordered to fly at a lower altitude by
FAA air traffic controllers.
4.5.3.5_Names, home addresses, social security
numbers (optional), and dates of birth of owners of
the aircraft. (If the aircraft is being operated under a
lease, the name and address of the lessee, in addition
to that of the owner.)
4.5.3.6_Names, home addresses, social security
numbers (optional), dates of birth, and any FAA
certificate numbers of all crew members that the
applicant wishes to have approved. Individual
applications from each crew member must also be
attached and should take the form of a signed letter
from the crew member in question. The applicant
must verify the accuracy of the information provided
by the crew member to the best of the applicants
ability. The application must contain a statement to
this effect.
4.5.3.7_Names, home addresses, social security
numbers (optional), and dates of birth of usual and
potential passengers to the greatest extent possible.
An approved passenger must be on board to utilize the
overflight exemption.
4.5.3.8_Description of usual or anticipated cargo or
baggage.
4.5.3.9_Description of the company’s usual business
activity, if the aircraft is company owned.
4.5.3.10_Name of intended airport(s) of first landing
in the U.S. (The overflight exemption will only be
valid to fly to airports preapproved by Customs).
4.5.3.11_Foreign place(s) from which the flight(s)
will originate.
4.5.3.12_Reason for the request of overflight
exemption.
4.5.4_Information should be as complete and
accurate as possible and should be specific rather than
general. The following points will assist in preparing
an acceptable application:
4.5.4.1_Include all potential crew members who
might be present on the aircraft during the term of the
desired exemption. In order for overflight exemptions to remain valid, all crew members on a flight
must have been listed on your application.
4.5.4.2_Provide as many identifiers as possible for all
crew and passengers. Social security numbers,
passport numbers, aircraft pilot license numbers, etc.,
will contribute greatly to expediting background
investigations.
4.5.4.3_Describe the type of business the corporation
is engaged in. If the corporation that owns the aircraft
is merely an air transportation service for the benefit
of an affiliated company, please provide details.
4.5.4.4_List the foreign cities and countries the
aircraft will visit. It is to your advantage to describe
the nature of your business in each location, or to
indicate that certain destinations are vacation/entertainment locations.
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4.5.4.5_The reason for overflight exemption requests
should be as tangible and concretely stated as
possible. Estimate the costs incurred by making an
extra landing at a _designated airport" (fuel, wear on
aircraft components, landing fees, additional time/
distance).
4.5.4.6_Provide an estimate of the number of nautical
flying miles which will be saved on an annual basis
if the exemption is granted.
4.5.4.7_Companies involved in air ambulance-type
operations may be granted a single overflight
exemption when emergency situations arise, as well
as in the case of nonemergency transport for
individuals seeking medical treatment. Both U.S. and
foreign registered aircraft will be eligible for the
special exemption. The applicant must provide all the
necessary information normally required for an
overflight exemption. Customs should be notified at
least 24 hours prior to departure. If this cannot be
accomplished, Customs will allow receipt of the
overflight exemption application up to departure
time, as well as in flight through a flight service
station.
4.5.5_Applicants should be aware that the processing
of term applications requires time for all background
reports to be prepared for the deciding official.
Incomplete applications will not be processed, and
the applicant will be notified of the specific additional
information that must be supplied. Should an
application for overflight be denied at the district
level, an appeal process is available. Letters of denial
will include the name and address of the Service/Area
Director of Customs responsible for the district office
that denied your application. You may petition the
Service/Area Director for reconsideration of your
request.
5. Public Health Measures Applied to
Aircraft
5.1_Same requirements as for scheduled flights.
6. Airports Designated as Entry Points
6.1_Airports Designated as Entry Points for Aircraft
Arriving from Mexico and Other Foreign Countries
in the Western Hemisphere South of 30 Degrees
North Latitude.
TBL GEN 1.2-2
Location Airport Name
ARIZONA
Douglas Bisbee-Douglas International
Douglas Douglas Municipal
Nogales Nogales International
Tucson Tucson International
Yuma Yuma International
CALIFORNIA
Calexico Calexico International
San Diego Brown Field
FLORIDA
Fort Lauderdale Fort Lauderdale Executive
Fort Lauderdale Fort Lauderdale-Hollywood
International
Key West Key West International
Miami Miami International
Miami Opa-Locka
Miami Tamiami
West Palm Beach Palm Beach International
Fort Pierce St. Lucie County
Tampa Tampa International
LOUISIANA
New Orleans New Orleans Lakefront
New Orleans New Orleans International (Moissant Field)
NEW MEXICO
Santa Teresa Santa Teresa
NORTH CAROLINA
Wilmington New Hanover County
TEXAS
Beaumont Jefferson County
Brownsville Brownsville International
Corpus Christi Corpus Christi International
Del Rio Del Rio International
Eagle Pass Eagle Pass Municipal
El Paso El Paso International
Houston William P. Hobby
Laredo Laredo International
McAllen Miller International
Presidio Presidio-Lely International
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7. Entry and Clearance -Cuba
7.1_Aircraft arriving from or departing for Cuba
must land at or depart from Miami International
Airport. Upon arrival, the pilot will present a manifest
of all passengers on board to an officer of the U.S.
Immigration and Naturalization Service or to a
Customs officer acting as an Immigration officer. No
passenger arriving from Cuba by aircraft will be
released by Customs, nor will the aircraft be cleared
or permitted to depart before the passenger is released
by an Immigration officer or a Customs officer acting
on behalf of that agency.
7.2_Aircraft proceeding to Cuba are required to have
a validated license issued by the Department of
Commerce or a license issued by the Department of
State.
7.3_These special requirements do not apply to
aircraft arriving from or departing to the U.S. Naval
Base at Guantanamo Bay. Aircraft from this base
must meet the same requirements as aircraft arriving
from other Caribbean nations.
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GEN 1.3 Entry, Transit, and Departure
of Passengers and Crew
1. Customs Requirements
1.1_Incoming passengers are required to complete a
customs declaration. All baggage or articles
belonging to the disembarking passengers are subject
to customs inspection. Permission of the Customs
officer is required prior to discharging any
merchandise or baggage not previously cleared by
Customs or prior to permitting passengers or persons
employed on the aircraft not cleared by Customs to
depart unless such removal or departure is necessary
for the purpose of safety or the preservation of life or
property. In case of an emergency or forced landing,
Customs, Immigration, Public Health, and Agriculture officials must be notified immediately.
1.2_No departure formalities are required upon
departure for embarking passengers.
1.3_Any aircraft departing from the U.S. on a
business or pleasure flight to unauthorized destinations (see GEN 1.4 paragraphs 3.3 and 3.4) or aircraft
carrying passengers or merchandise for hire, or which
will take on board or discharge passengers anywhere
outside the U.S., is required to obtain clearance at the
customs port of entry at or nearest the last place of
take-off from the U.S.
1.4_A private aircraft departing from the U.S. on a
business or pleasure flight to an authorized
destination, is not required to present a departure
manifest or have a U.S. Customs clearance of any
type, although modified, military-type, privately
owned aircraft are subject to certain restrictions (see
GEN 1.4 paragraph_5.8) under the regulations of the
Office of Munitions Control of the Department of
State.
2. Immigration Requirements
2.1_Aircraft operators are required to present all
persons for U.S. immigration inspection. Aliens must
comply with all provisions of current immigration
laws and regulations. Aliens who are lawfully
domiciled residents of the U.S., must, with certain
exceptions not generally applicable here, present
their valid alien registration cards (Form_I-151)
issued by the Immigration Office. U.S. citizens must
be able to satisfy inspectors of their citizenship and
should, therefore, carry with them sufficient
identification.
2.2_Valid passports and visas are required for all alien
passengers arriving and departing on the same or
through flights or transferring to another flight at the
same or a nearby airport. The visa requirement may
be exempted for passengers in direct transit with a
layover period of up to eight hours who are
passengers on scheduled air carriers which are
signatory to a previously approved transit agreement
with the Immigration and Naturalization Service.
2.3_An alien passenger entering the U.S. for the
purpose of immigration must hold a valid passport
and an immigration visa, the latter being issued at
U.S. Consulates abroad. Temporary visitors must be
in possession of a valid passport and visa.
2.4_Flight crew members must be in possession of a
valid passport and visa regardless of length of stay
unless the crew members are exempted through
previous agreement. (See paragraph 2.2).
2.5_Arrival and Departure Manifests
2.5.1_Neither arrival nor departure manifests containing information on all passengers are required in
the U.S. However, the U.S. Immigration and
Naturalization Service does require the completion
and submission to immigration officials, of an
arrival/departure card for each nonresident alien
entering the U.S., regardless of length of stay.
2.6_Arriving Flights
2.6.1_The captain or agent of every aircraft (other
than private) arriving in the U.S. from a foreign place
or from an outlying possession of the U.S. is
responsible for and must ensure that an arrival/departure card (Form I-94) is prepared by each nonresident
alien passenger and is presented to the immigration
officer at the port of arrival. The I-94 card, however,
is not required for the citizens of Canada and the
French islands of St. Piere and Migueion, near
Newfoundland. In addition, an arrival/departure card
is not required for an arriving, direct transit passenger
at a U.S. port from which the passenger will depart
directly to a foreign place or an outlying possession
of the U.S. on the same flight, provided that a listing
which includes the number of such direct transit
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passengers is provided or that the number of such
passengers are noted on the U.S. Customs Service
Form 7507 or on the International Civil Aviation
Organization’s General Declaration and such passengers remain, during ground time, in a separate area
under the direction and control of the Customs
Service.
2.6.2_Captains of private aircraft not engaged in the
carriage of persons or cargo for hire (nonrevenue
flights) are not required to present arrival-departure
cards (Form I-94). This, however, does not relieve a
nonresident alien passenger from the responsibility of
completing and submitting a Form I-94 to
immigration officials when required. Most alien
passengers must execute and present Form I-94
(revised March 1, 1986). Prior editions may not be
used. Form I-94 must be completed by all persons
except U.S. citizens, returning resident aliens, aliens
with immigrant visas, and Canadians visiting or in
transit. Mexican nationals in possession of Immigration Form I-86 or Form I-586 are exempt from Form
I-94 reporting requirements when their itinerary is
limited to California, Arizona, New Mexico, or Texas
and will not exceed 72 hours in duration. This
exemption does not apply when travel will exceed
25_miles from the international border between
Mexico and the U.S. Travel to Nevada by Mexican
nationals is exempted for periods of less than 30 days.
Mexican nationals proceeding to destinations more
than 25_miles from the border in these states will have
to obtain a visitor’s permit I-444 when arriving in the
U.S. Mexican nationals presenting official or
diplomatic passports and destined to the U.S. for
purposes other than permanent assignment are
exempted from Form I-94 reporting requirements.
2.6.3_Completion of the arrival-departure cards
(Form I-94) must be as follows:
2.6.3.1_Alien passengers on temporary visit in the
U.S. must complete all items of Form I-94 in
duplicate, one copy of which is attached to the
passport for surrender to immigration officials upon
departure.
2.6.3.2_Alien passengers in direct transit, when
required to complete Form I-94, are to insert the
symbol TRWOV on the line headed _Passenger
Boarded At" and need not complete items 3, 8, and 9.
Form I-94 is to be completed in single copy only.
2.6.3.3_When the Form I-94 is required by
individuals entering the U.S. by private aircraft it
should indicate PRIVATE in block #7-Airline and
Flight Number. They do not need to complete
block_#9-City Where You Boarded. All other items
on the form are self-explanatory and should be
completed prior to actual arrival in the U.S.
2.6.4_When inspection of an arriving passenger is
deferred at the request of the air carrier to another port
of debarkation, the required forms relating to any
such passenger shall be returned, together with a
Form I-92, when the Form I-94 procedure is used, for
presentation by the captain, master, or agent at the
port where inspection is to be conducted.
2.7_Departing Flights
2.7.1_The captain or agent of every aircraft (other
than private) departing from the U.S. for a foreign
place or an outlying possession of the U.S. is
responsible for and must ensure that all alien
passengers on board (except for citizens of Canada
and the French islands of St. Piere and Migueion, near
Newfoundland), surrender to the immigration officer
at the port of departure, prior to departure, the
passport copy of the arrival/departure card (Form
I-94) which was completed upon arrival in the U.S.
Aircraft departing on regularly scheduled flights
from the U.S., however, may collect the cards and
defer their presentation, along with either the Bureau
of Customs Form 7507 or the ICAO General
Declaration, containing the listing of alien direct
transit passengers for whom the arrival/departure
card was not prepared upon arrival.
2.7.2_Private aircraft owners are responsible for the
proper completion and submission of Form I-94 for
all crew and passengers affected by the reporting
requirement. Departure documents should be annotated on the reverse of the document to indicate Port
of Departure and Date of Departure. Following
Carrier, print the word PRIVATE. In the space
provided for Flight Number/Ship Name, print the
aircraft’s tail number. Departure documents should
be submitted to a U.S. Immigration or U.S. Customs
inspector at the time of departure from the U.S. or
mailed to the Appalachian Computer Service address
in London, KY. Aircraft owners are responsible for
the submission of all I-94 Departure Records upon
departure to a foreign destination.
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2.7.3_Resident aliens of the U.S. who will be
traveling abroad under a foreign passport must ensure
that their Alien Registration Card, Form 151, is
available for presentation to gain re-entry into the
U.S. upon completion of trip.
2.8_Currency Reporting Requirements
2.8.1_There is no limitation in terms of the total
amount of monetary instruments which may be
brought into or taken out of the U.S., nor is it illegal
to do so. However, if you transport or cause to be
transported (including by mail or other means), more
than $10,000 in monetary instruments on any
occasion into or out of the U.S., or if you receive more
than that amount, you must file a report (Customs
Form 4790) with U.S. Customs (Currency and
Foreign Transactions Reporting Act, 31 U.S.C. 1101,
et seq.). Monetary instruments include U.S. or
foreign coin in current circulation, currency,
traveler’s checks, money orders, and negotiable
instruments or investment securities in bearer form.
Failure to comply can result in civil and criminal
penalties.
3. Public Health Requirements
3.1_Disembarking passengers are not required to
present a vaccination certificate except when coming
directly from an area infected with cholera, yellow
fever, or smallpox. Smallpox vaccination is necessary only if, within the 14 days before arrival, the
traveler has been in a country reporting smallpox.
3.2_The pilot in command of an aircraft destined for
a U.S. airport must report immediately to the
Quarantine Station at or nearest the airport at which
the aircraft will arrive, the occurrence, on board, of
any death or any ill person among passengers or crew.
Ill person is defined as:
3.2.1_Temperature of 100 degrees Fahrenheit
(38_degrees Celsius) or greater accompanied by rash,
glandular swelling, or jaundice, or which has
persisted for more than 48 hours; or
3.2.2_Diarrhea, defined as the occurrence in a
24-hour period of three or more loose stools or of a
greater than normal (for the person) amount of loose
stools.
3.3_The pilot in command is responsible for
detaining the aircraft and persons and things arriving
thereon and keeping them free from unauthorized
contact pending release when required by
Sections_71.31, 71.46, 71.62, 71.63, and 71.102 of
the Foreign Quarantine Regulations of the Public
Health Service (Part 71, Title 42, Code of Federal
Regulations).
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GEN 1.4 Entry, Transit, and
Departure of Cargo
1. Requirements Concerning Cargo and
Other Articles
1.1_Customs entry and clearance of cargo and
unaccompanied baggage destined for points within
U.S. territory must be completed at the first
international airport of entry.
1.2_Transshipment of cargo and other articles must
be dealt with at the first international airport of entry
according to related regulations. All aircraft entering
the U.S. or arriving any place in the U.S. from any
other place in the U.S. carrying residue foreign cargo
shall not depart from the place of landing without
receiving permission from the Customs officer.
2. Agricultural Quarantine Requirements
2.1_The U.S. Department of Agriculture, Plant
Protection and Quarantine Division (PPQ), has strict
requirements regarding the entry, handling and
disposition of garbage and galley refuse on all flights
arriving from any foreign country, except Canada
(7_CFR Parts 94 and 330). A list of sanitary
international airports approved by PPQ can be
secured from any PPQ office at major airports (see
Aerodrome Section).
2.2_Meat, meat products, milk, live birds, poultry, or
other domestic farm animals can only enter the U.S.
under certain conditions from certain countries under
the regulations of the PPQ.
2.3_No insects or other plant pests shall knowingly be
transported into the U.S. If the pilot of any aircraft has
reason to believe any flying or crawling insects are
aboard his/her aircraft, such information should be
relayed to the nearest PPQ office or inspector when
landing.
2.4_Permits are required to bring most fruits,
vegetables, plants, seeds, etc., into the U.S. from
foreign countries. A guide to restricted or prohibited
products can be secured from any PPQ office.
2.5_Dogs, cats, monkeys, psittacine birds (parrot
family), turtles, shipments of disease organisms and
vectors, and dead bodies are subject to entry
restrictions prescribed in the Foreign Quarantine
Regulations of the Public Health Service (42 CFR
Part 71, Subject J).
3. Exportation of Aircraft, Cargo, and Other
Articles
3.1_All U.S. and foreign registered aircraft departing
the U.S. for a foreign destination on a temporary
sojourn must have export authorization. The two
types of export authorization are a license exception
(AVS) and a license. Detailed information on both the
license exception and the license can be obtained
from:
The U. S. Department of Commerce
Bureau of Export Administration
Exporter Counseling Division
Washington, DC 20230
Telephone: (202) 482-4811
Facsimile: (202) 482-3617
3.2_A license exception (AVS) is an authorization to
export the aircraft if certain criteria are satisfied. This
exception does not require an application nor will
there be an issuance of a license document prior to the
flight.
REFERENCE-
15 CFR Section 740.15
3.3_License exception AVS authorizes an operating
civil aircraft of foreign registry that has been in the
U.S. on a temporary sojourn to depart from the U.S.
under its own power for any destination, provided
that:
3.3.1_No sale or transfer of operational control of the
aircraft to nationals of Cuba, Iran, Iraq, Libya, North
Korea, Sudan, or Syria has occurred while in the U.S.
3.3.2_The aircraft is not departing for the purpose of
sale or transfer of operational control to nationals of
Cuba, Iran, Iraq, Libya, North Korea, Sudan, or Syria;
and
3.3.3_It does not carry from the U.S. any item for
which an export license is required and has not been
granted by the U.S. Government.
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