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Enter/Depart Index

Entry, Transit, and Departure Flights

GENERAL

a. All flights into or over the territories of the United States and landing in such territories shall be carried out in accordance with the regulations of the United States regarding civil aviation.

b. Aircraft landing in or departing from the territories of the U.S. must first land at or finally depart from an international airport except as may be otherwise noted in this section.

c. The following is a partial list of U.S. airports designated to serve international operations. This list contains U.S. airports with scheduled passenger service in large aircraft and certain airports designated as alternate service airports. Omitted from this list are designated general aviation airports, airports with scheduled cargo but no scheduled passenger service, and certain airports having international service in commuter-type aircraft. The Customs and Border Protection's (CBP) Guide for Private Flyers contains helpful information for general aviation pilots.

Diagrams of these and other U.S. airports are in the Terminal Procedures Publication (TPP). For additional information on these airports, see the U.S. Airport/Facility Directory (A/FD).

Both the A/FD and TPP may be purchased from:

NOAA Distribution Branch, N/CG33,
National Ocean Service,
Riverdale, MD 20737-1199,
Phone: 301-436-6990,
Fax: 301-436-6829,
Internet: http://acc.nos.noaa.gov/

d. All aircraft entering the United States must land at a designated international airport of entry unless prior approval to land at a landing rights or other airport has been obtained from CBP. The term "international airport of entry" refers to any airport designated by the Secretary of the Treasury or CBP as a port of entry for civil aircraft arriving in the United States from any place outside thereof and for cargo carried on such aircraft. Located above is a partial list of such airports. The term "landing rights airport" refers to an airport of entry at which permission to land must be granted by the appropriate CBP officer with acknowledgment of the Immigration and Naturalization Service, the Public Health Service, and the Animal and Plant Health Inspection Service of the Department of Agriculture. Such landing rights are required before an aircraft may land at an airport which has not been designated for CBP purposes as an international airport of entry. In the case of scheduled aircraft, such permission shall be obtained from the Service/Area Director of CBP of the Port where the first landing will occur. In all other cases, including private aircraft, landing permission may be obtained from the Port Director of CBP or the CBP officer in charge of the port of entry or CBP station nearest the intended place of landing. All persons entering the United States must be inspected for U.S. Customs, Immigration, Agriculture and Public Health purposes.

NOTE-
Frequently, the word "international" is included in the name of an airport for other than CBP purposes; in which case, it has no special Customs meaning.

e. Subject to the observance of the applicable rules, conditions, and limitations of the Federal Aviation Regulations and the Department of Transportation (DOT)/Office of the Secretary of Transportation (OST), Office of International Aviation, as described below, foreign civil aircraft registered and manufactured in any foreign country which is a member of the International Civil Aviation Organization (ICAO) may be navigated in the U.S. Foreign civil aircraft manufactured in a country which at the time of manufacture was not a member of ICAO may be navigated in the U.S. if the country has notified ICAO that the aircraft meets the standards described in the Chicago Convention or if a notice has been filed with the DOT/OST, Office of International Aviation, through diplomatic channels, that the aircraft meets the standards described in the Chicago Convention.

f. Aircraft registered under the laws of foreign countries, not members of ICAO, may be navigated in United States territory only when authorized by the DOT/OST Office of International Aviation.

g. All civil aircraft operated to, from, or within the United States must carry on board effective certificates of registration and airworthiness issued by the country of registry. Also, a valid certificate of registration for private aircraft which are U.S. registered must also be presented upon arrival in the U.S. when presentation for inspection is requested by a CBP officer. A so-called "pink slip" is a duplicate copy of the Aircraft Registration Application (FAA Form AC 8050-1), and does not constitute a valid certificate of registration authorizing travel internationally.

h. A commander of a private aircraft arriving in the U.S. must present for inspection a valid pilot certificate/license, medical certificate, authorization, or license held by that person, when presentation for inspection is requested by a CBP officer.

i. Except as provided in 19 Code of Federal Regulations (CFR) Part 122.14, any person who violates any customs requirements stated in this part or any regulation that applies to aircraft under Part 122.2 is in addition to any other applicable penalty, subject to a civil penalty of $5000 as provided for in 49 U.S.C. App. 1474 except for overages and failure to manifest narcotics or marijuana in which case the penalties set forth in section 584 Tariff Act of 1930, as amended (19 U.S.C.) apply, or for failure to report arrival or to present the documents required by Part 122.27 (c) of this part in which cases penalties set forth in section 436, Tariff act of 1930, and amended (19 U.S.C. 1436) apply, and any aircraft used in connection with any such violation shall be subject to seizure and forfeiture, as provided for in the Customs laws. A penalty for forfeiture may be mitigated under Part 171 of this chapter.

j. Transportation of firearms by aircraft passengers: Regulations of the Bureau of Alcohol, Tobacco, Firearms and Explosives (Department of Justice) make it unlawful for any person knowingly to deliver or cause to be delivered to any common or contract carrier for transportation or shipment in interstate or foreign commerce, to persons other than licensed importers, licensed manufacturers, licensed dealers, or licensed collectors, any package or other container in which there is any firearm or ammunition without written notice to the carrier that such firearm or ammunition is being transported or shipped; except that any passenger who owns or legally possesses a firearm or ammunition being transported aboard any common or contract carrier for movement with the passenger in interstate or foreign commerce may deliver said firearm or ammunition into the custody of the pilot, captain, conductor or operator of such common or contract carrier for the duration of the trip.

SCHEDULED COMMON CARRIAGE FLIGHTS

a. General

  1. Generally, when an operator of an aircraft advertises its transportation services to the general public or particular classes or segments of the public for compensation or hire, it is a common carrier. In turn, the transportation service the operator performs is considered to be in common carriage. The scheduled flights into, from and landing in the territory of the U.S. for purposes of loading or unloading passengers, cargo and mail (revenue flights) must first obtain from the U.S. DOT/OST Office of International Aviation (X-40) a foreign air carrier permit. Applications for common carrier authority must be filed with X-40. If X-40, determines that the carrier is fit, willing, and able to perform the service it proposes and that the service is in the public interest, X-40 shall issue the carrier a foreign air carrier permit, subject to the disapproval of the President of the United States.

  2. The scheduled flights in transit across the territory of the U.S. or landing for reasons other than for the purpose of loading and unloading of passengers, cargo or mail (nonrevenue flights), which are registered in a State which is a party to the International Air Services Transit Agreement, shall submit a notice of transit to X-40. The notice of transit must be submitted at least 15 days prior to the flight and must include:

    (a) Name, country of organization and nationality (including the nationality of all ownership interests) of the operator;

    (b) Name of the country in which the aircraft to be used in the service is registered;

    (c) A full description of the proposed operations including the type of operations (passenger, property, mail, or combination), date of commencement, duration and frequency of flights, and routing (including each terminal and intermediate point that will be served); and

    (d) Copies of advertising of the flights, if advertised in the United States.

b. If the notice is timely filed, the flights may be operated in the absence of a contrary notification from X-40.

  1. Scheduled flights in transit across the territory of the U.S. or landing for reasons other than for the purpose of loading and unloading of passengers, cargo, or mail (non-revenue flights), which are registered in a State which is not a party to the International Air Services Transit Agreement, must obtain prior permission from X-40 at least 15 days prior to the flight. The carrier may not transit U.S. territory unless and until it receives a foreign aircraft permit to do so from X-40.

  2. The permission to transit United States territory as described above also includes the right to make stops in the United States for technical purposes (for example, refueling and servicing of the aircraft) as long as the stopover does not exceed 24 hours. Stopovers which do exceed 24 hours are permitted only in those cases where a transfer of passengers, property, or mail to another aircraft is necessary for the safety of the aircraft, passengers, property, or crew. Stopovers for the pleasure or convenience of passengers are not included in the transit authority.

DOCUMENTARY REQUIREMENTS FOR CLEARANCE OF AIRCRAFT

a. The documents listed below must be submitted to U.S. authorities for clearance on entry and departure of aircraft. All documents must follow the ICAO standard format as set forth in the relevant appendixes to Annex 9, and are acceptable only when furnished in English.

b. Aircraft Documents Required

PUBLIC HEALTH MEASURES APPLIED TO AIRCRAFT

a. No public health measures are required to be carried out with respect to aircraft entering U.S. territory except that disinfection of an aircraft may be required if it has left a foreign area that is infected with insect-borne communicable disease and the aircraft is suspected of harboring insects of public health importance. Disinfection is defined as: "the operation in which measures are taken to kill the insect vectors of human disease present in carriers and containers."

  1. Disinfection shall be the responsibility of the air carrier and shall be subject to monitoring by the Director of the Public Health Service.

  2. Disinfection of the aircraft shall be accomplished immediately after landing and blocking. The cargo compartment shall be disinfected before the mail, baggage, and other cargo are discharged and the rest of the aircraft shall be disinfected after passengers and crew deplane.

  3. Disinfection shall be performed with an approved insecticide in accordance with the manufacturer's instructions. The current list of approved insecticides and sources may be obtained from the Division of Quarantine, Center for Prevention Services, Centers for Disease Control, Atlanta, GA 30333.

b. All food and potable water taken on board an aircraft at any airport and intended for human consumption thereon shall be obtained from sources approved in accordance with 21 CFR Parts 1240 and 1250.

c. Aircraft inbound or outbound on an international flight shall not discharge over the United States any excrement or waste water or other polluting materials. Arriving aircraft shall discharge such matter only at servicing areas approved under regulations cited above.

d. Aircraft on an international voyage, which are in traffic between U.S. airports, shall be subject to inspection when there occurs on board, among passengers or crew, any death, or any ill person, or when illness is suspected to be caused by insanitary conditions.

AGRICULTURE QUARANTINE MEASURES

a. The offloading and incineration of garbage by caterers and haulers will be conducted either under the direct supervision of CBP-AI (Agricultural Inspector) or in accord with a local compliance agreement.

b. No movement of food outside the plane is allowed unless monitored by CBP-AI.

NONSCHEDULED, NONCOMMON CARRIAGE FLIGHTS

a. General: Nonscheduled, noncommon flights are transportation services for remuneration or hire that are not offered to the general public.

b. Nonscheduled flights in transit across the territory of the U.S. or landing for reasons other than the purposes of loading and unloading passengers, cargo, or mail (nonrevenue flights) which are registered in a State which is a member of ICAO may do so without the necessity of obtaining prior permission, provided passengers are not permitted to leave the airport during stopover or provided that each stopover does not exceed 24 hours. Stopovers which do exceed 24 hours are permitted only in those cases where a transfer of passengers, property, or mail to another aircraft is necessary for the safety of the aircraft, passengers, property, or crew. Stopovers for the pleasure or convenience of passengers are not included in the transit authority.

c. Nonscheduled flights landing in the territory of the U.S. for reasons of loading or unloading passengers, cargo, or mail (revenue flights), must obtain prior permission from X-40 at least 15 days prior to the flight. All permission requests must include:

  1. Name and address of applicant.

  2. Aircraft make, model, and registration or identification marks.

  3. Country in which the aircraft is registered.

  4. Name and address of registered owner of aircraft.

  5. Type of flight(s) (passenger, cargo, or agricultural or industrial operation).

  6. Purpose of flight(s).

  7. Date of the flight(s).

  8. Routing of the flight(s).

  9. Number of flights.

  10. Name of charterer.

  11. Charter price.

Applications should be made on Department of Transportation (DOT) Form 4509; however, if time does not permit, applications by telegram will be accepted as long as they include the information described above. Telegraphic applications must include a prepaid voucher sufficient to allow a 60 word reply. The permit issued by X-40 must be carried aboard the aircraft during flights over U.S. territory.

d. The following commercial air operations require pre-flight authorization from X-40:

  1. Agricultural and industrial operations which include, but are not limited to, such services as crop dusting, pest control, pipeline patrols, mapping, surveying, banner towing or skywriting.

  2. Occasional and infrequent planeload charter flights carrying persons or property to and/or from the United States. The number of these flights that may be performed is limited to six in any calendar year. Foreign civil aircraft are not permitted to transport persons or property or mail for compensation or hire between points wholly within the United States.

  3. Continuing cargo operations for one or more contractors. Applicants may be authorized to serve up to 10 different contractors in a 12-month period; however, authorization may be granted only if it is clear that the service is not in common carriage and the carrier and contractor enter into a contract which provides for (a) continuing cargo operations for a period of at least 6 months; (b) an absolute or minimum number of flights or volume of cargo to be transported; and (c) a guarantee by the contractor to the carrier to pay for the minimum number of flights to be performed or volume of cargo to be transported whether or not he/she uses the capacity. Continuing cargo operations wholly within the United States cannot be authorized.

e. Persons wishing to operate foreign civil aircraft from, to or within the United States other than as described in this Section may request permission to perform those services by filing an application with X-40. The application should include the information described above in this section. Permission to perform these services may be granted if X-40 finds that the service is consistent with applicable law and is in the interest of the public of the United States.

f. Nonscheduled flights in transit across the territory of the U.S. or landing with or without purposes of loading and unloading passengers, cargo or mail (revenue or nonrevenue flights) which are registered in a State which is not a member of ICAO must obtain prior permission from X-40 at least 15 days prior to the flight. All permission requests must include the same information as cited above.

DOCUMENTARY REQUIREMENTS FOR CLEARANCE OF AIRCRAFT

Documentation requirements for nonscheduled flights are the same as for scheduled flights. In addition, CBP Form 178 must be filled out for all private aircraft arrivals. The pilot may also be requested to produce for inspection, a valid airman's certificate, medical certificate (14 CFR Section 61.3), and the aircraft registration certificate.

PUBLIC HEALTH MEASURES APPLIED TO AIRCRAFT

Same requirements as for scheduled flights.

PRIVATE FLIGHTS

a. Procedures

  1. If an operator intends to carry out a private flight in transit across the territory of the U.S. without landing, he/she may do so without the necessity of obtaining prior permission.

  2. If an operator intends to carry out a private flight in transit across the territory of the U.S. with intermediate landing, the operator must provide advance notice of arrival to U.S. CBP officials at or nearest the first intended landing. CBP officials, upon notification, will notify the necessary Immigration, Public Health, and Agriculture officials. Advance notice must be received in sufficient time to enable the officials designated to inspect the aircraft to reach the place of landing before the arrival of the aircraft. At least one hour advance notice is required for this purpose during regular business hours. More advance notice may be required during other times.

b. Notification of arrival must include:

  1. Type of aircraft and registration number.

  2. Name of aircraft commander.

  3. Number of alien passengers.

  4. Number of United States citizen passengers.

  5. Place of last foreign departure.

  6. Estimated time and location of crossing United States border/coastline.

  7. Name of intended United States airport of first landing (designated airport).

  8. Estimated time of arrival.

c. Private aircraft arriving from Canada or Mexico may request that advance notice of arrival to CBP officers be included in the flight plan to be transmitted to an FAA facility which is filed in those countries if destined to an airport in the U.S. where flight notification advise customs (ADCUS) service is available. An ADCUS message in the remarks section of the flight plan consists of the word ADCUS followed by the pilot's name and the number of persons on board (POB) with a notation of the number of non-U.S. citizens (i.e., ADCUS John Doe 5 POB 2 NON). This notification may be provided through FAA; however, this entails the relaying of information and is not as timely or reliable as direct communication. It is recommended that, if possible, pilots attempt to communicate directly with CBP by telephone or other means to insure that an officer will be available at the time requested. It is the ultimate responsibility of the pilot to insure CBP is properly notified, and the failure to do so may subject the pilot to penalty action. At those airports where ADCUS service is available, the FAA will forward the ADCUS information to the CBP official on duty. At a landing rights airport such notices will then be treated as an application for permission to land. A flight plan notice must be filed sufficiently before the estimated time of arrival of the flight to permit CBP to make a determination as to whether or not to grant the requested landing rights.

d. Aircraft may use the following method of notifying CBP when departing from a country or remote area where a pre-departure flight plan cannot be filed or an ADCUS remark cannot be included in a pre-departure flight plan: Call the nearest en route domestic or international FAA flight service station as soon as it is estimated that radio communications can be established and file a VFR or DVFR flight plan and include as the last item the advise customs information. The station with which such a flight plan is filed will forward it to the appropriate FAA station who will notify the CBP office responsible for the destination airport.

e. If the pilot fails to include "advise Customs" in the radioed flight plan, it will be assumed that he/she has made other arrangements, and FAA will not advise Customs.

f. FAA assumes no responsibility for any delays in advising CBP if the flight plan is given to FAA too late for delivery to CBP before arrival of the aircraft. It is still the pilot's responsibility to give timely notice even though a flight plan is given to the FAA. The FAA cannot reply on an "advise Customs" flight plan if the pilot indicates a destination airport where flight service notice to CBP is NOT available. When dependable facilities for giving timely notice of arrival are not available, a landing shall be made at a place where the necessary facilities do exist before coming into any area from any place outside the United States.

g. Advance Report of Penetration of United States Airspace via U.S./Mexican Border or Gulf and Atlantic Coasts:

All private aircraft arriving in the United States via: (a) the United States/Mexican border or the Pacific Coast from a foreign place in the Western Hemisphere south of 33 degrees north latitude and between 97 degrees and 120 degrees west longitude; or (b) the Gulf of Mexico and Atlantic Coasts from a foreign place in the Western Hemisphere south of 30 degrees north latitude, shall furnish a notice of intended arrival to CBP at the nearest designated airport as listed in this section. This notice may be furnished directly to CBP by telephone, radio, or other means, or may be furnished through the FAA to CBP, but must be furnished at least 1 hour prior to crossing the U.S./Mexican border or the United States coastline. This notice will be valid as long as actual arrival is within 15 minutes of the original ETA, otherwise a new notice must be given CBP. Notices will be accepted up to 23 hours in advance by CBP and the FAA.

h. Notice to Customs: The notice to CBP required by paragraph c of this section shall include the following:

  1. Aircraft registration number.

  2. Name of aircraft commander.

  3. Number of United States citizen passengers.

  4. Number of alien passengers.

  5. Place of last departure (foreign).

  6. Estimated time and location of crossing U.S. border/coastline.

  7. Name of intended U.S. airport of first landing (one of the designated airports listed in this section, unless an exemption has been granted in accordance with this section).

  8. Estimated time of arrival.

i. Landing Requirement: Private aircraft required to furnish a notice of intended arrival in compliance with this section, shall land for Customs processing at the nearest designated airport to point of crossing as listed in this section, unless exempted from this requirement in accordance with this section. In addition to the requirements of this paragraph, private aircraft commanders must comply with all other landing and notice of arrival requirements.

j. Private Aircraft Defined: For the purpose of this section, "private aircraft" means any aircraft other than an aircraft engaged in the transportation of passengers or cargo, or both, for hire.

k. Exemption from the Landing Requirement: The owner or aircraft commander of a private aircraft required to furnish a notice of intended arrival in compliance with this section may request an exemption from the landing requirement specified in this section. The request shall be submitted to the Port Director of U.S. CBP having jurisdiction over the airport that will 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 (1 year) approval. Applications for a single overflight exemption must be received at least 15 days in advance of the intended date of arrival, and for term exemption at least 30 days in advance.

l. Air charters or taxi service cannot be granted an unqualified term exemption; however, a "conditional" approval may be applied for. Information submitted in an application is reviewed by law enforcement agencies. Providing information which is voluntary; e.g., social security numbers, can substantially reduce the time required to act on an application. Should an application be denied, an appeal process is available to the Port Director of CBP responsible for the district in which the application was denied. Required elements of any overflight exemption include the following:

  1. Aircraft registration number and serial number.

  2. Identification information for the aircraft (make, model, color scheme and type, such as turbo-prop, etc.).

  3. Statement that the aircraft is equipped with a functioning mode C (altitude reporting) transponder which will be in use during overflight.

  4. Statement that the aircraft is capable of flying at or 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.

  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).

  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 his/her ability, and the application must contain a statement to this effect.

  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.

  8. Description of usual or anticipated cargo or baggage.

  9. Description of the company's usual business activity, if the aircraft is company owned.

  10. Name of intended airport(s) of first landing in the United States. (The overflight exemption will only be valid to fly to airports preapproved by CBP).

  11. Foreign place(s) from which the flight(s) will originate.

  12. Reason for the request of overflight exemption.

NOTE-
Information should be as complete and accurate as possible, and should be specific as indicated in the following points:

  (a) 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.

  (b) Provide as many identifiers as possible for all crew members and passengers. Social security numbers, passport numbers, aircraft pilot license numbers, etc, will contribute greatly to expediting background investigations.

  (c) Describe the type of business the corporation is engaged in. If the corporation which owns the aircraft is merely an air transportation service for the benefit of an affiliated company, please provide details.

  (d) List the foreign cities and countries the aircraft will visit. It is to the applicants advantage to describe the nature of business in each, or to indicate that certain destinations are vacation/entertainment locations.

  (e) 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).

  (f) Provide an estimate of the number of nautical flying miles which will be saved on an annual basis if the exemption is granted.

  (g) Companies involved in air ambulance type operations may be granted a single overflight exemption for emergency/nonemergency transport of individuals seeking medical treatment. U.S. and foreign registered aircraft are eligible for this special exemption. The applicant should provide all the information required for an overflight exemption at least 24 hours prior to departure. CBP will allow receipt of the overflight exemption application up to departure time, as well as in flight, through flight service stations.

  m. Airports designated as entry points for aircraft arriving from Mexico and other foreign countries in the Western Hemisphere south of 30 degrees north latitude:

DOCUMENTARY REQUIREMENTS FOR CLEARANCE OF AIRCRAFT

Same requirements as for scheduled flights.

PUBLIC HEALTH MEASURES APPLIED TO AIRCRAFT

Same requirements as for scheduled flights.

REGULATIONS CONCERNING THE ENTRY, TRANSIT, AND DEPARTURE OF NONIMMIGRANT PASSENGERS AND CREW

Immigration Requirements

Aircraft operators are required to present all persons for United States immigration inspection. Aliens must comply with all provisions of current immigration laws and regulations. Aliens who are lawfully domiciled residents of the United States, 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.

a. 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 exempt for passengers in direct transit with a layover period of up to 8 hours who are passengers on scheduled air carriers which are signatory to a previously approved transit agreement with the Immigration and Naturalization Service.

b. 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.

c. 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.

Agriculture Requirements

a. All persons must declare all food items in their possession. They must also declare any plants, seeds, animals and animal byproducts (trophies, for example). Additionally many processed meats and products containing meat ingredients are regulated for animal disease agents.

b. All biological materials (per the BioTerrorism Act) must be declared to the CBP agent.

ARRIVAL AND DEPARTURE MANIFESTS

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.

ARRIVING FLIGHTS

a. The captain or agent of every aircraft arriving in the United States from a foreign place or from an outlying possession of the United States is responsible for and must insure that an arrival/departure card (Form I-94) is prepared by each nonresident alien passenger and is presented to the immigration officer at the first port of arrival. The I-94 card, however, is not required for the citizens of Canada and the French Islands of St. Pierre and Miquelon, near Newfoundland. In addition, an arrival/departure card is not required for an arriving, direct transit passenger at a United States port from which he/she 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 passengers is provided; or that the number of such passengers are noted on the CBP Form 7507; or on the ICAO's General Declaration, and such passengers remain, during ground time, in a separate area under the direction and control of CBP.

b. Captains of private aircraft not engaged in the carriage of persons or cargo for hire (nonrevenue flights) are 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 an I-94 card to immigration officials when required.

c. Completion of the arrival/departure cards (Form I-94) must be as follows:

  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. Alien passengers in possession of an immigration visa and returning alien residents need only to complete the first 4 items of the I-94 card in single copy. Returning alien residents are to substitute their alien registration card (Form I-151) number for passport number on the I-94 card.

  3. Alien passengers in direct transit, when required to complete Form I-94, are to insert the symbol THROW 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.

d. 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. When the Form I-94 procedure is used, prepare a Form I-92, for presentation by the captain, master, or agent at the port where inspection is to be conducted.

DEPARTING FLIGHTS

a. The captain or agent of every aircraft departing from the U.S. for a foreign place or an outlying possession of the U.S. is responsible for and must insure that all alien passengers on board, (except for citizens of Canada and the French Islands of St. Pierre and Miquelon, 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 CBP 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.

b. Captains of private aircraft not engaged in the carriage of persons or cargo for hire (nonrevenue flights) are required to present the arrival/departure card (Form I-94) upon departure. This, however, does not relieve the nonresident alien passenger from the responsibility of returning the I-94 copy attached to his/her passport to immigration officials when required.

c. Resident aliens of the U.S. who will be travelling abroad under a foreign passport must insure that their Alien Registration Card, Form 151, is available for presentation to gain reentry into the U.S. upon completion of trip.

CUSTOMS REQUIREMENTS

a. Incoming passengers are required to complete a Customs declaration. All baggage or articles belonging to the disembarking passengers are subject to CBP inspection. Permission of the CBP Officer is required prior to discharging any merchandise or baggage not previously cleared by CBP or prior to permitting passengers or persons employed on the aircraft not cleared by CBP 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, CBP, Immigration, Public Health and Agriculture officials must be notified immediately.

b. APHIS maintains a predeparture program for persons departing from Hawaii, Puerto Rico, and the U.S. Territories. Persons may not carry fruits out of tropical areas to the mainland due to concerns about fruit flies.

c. Any aircraft departing from the United States on a business or pleasure flight to unauthorized destinations 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 CBP port of entry at or nearest the last place of takeoff from the United States.

d. Private aircraft, departing from the United States on a business or pleasure flight to an authorized destination, are not required to present a departure manifest or have a U.S. CBP clearance of any type, although modified, military-type, privately owned aircraft are subject to certain restrictions under the regulations of the Office of Munitions Control of the Department of State.

CURRENCY REPORTING REQUIREMENTS

The transportation of currency or bearer instruments, regardless of the amount, is legal; however, if more than ten thousand dollars ($10,000) in either U.S. or foreign currency (travellers checks, money orders, or other bearer monetary instruments) is taken out of or brought into the U.S., a report must be filed, by law, with the CBP.

PUBLIC HEALTH REQUIREMENTS

a. 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 traveller has been in a country reporting smallpox.

b. Pilots shall report immediately to the Quarantine Station at or nearest the port at which the aircraft will arrive the occurrence, on board, of any death or any illness characterized by the following signs and symptoms:

  1. Temperature of 100 degrees Fahrenheit (38 degrees centigrade) or greater accompanied by rash, jaundice or glandular swelling, or which has persisted for 48 hours; or

  2. Diarrhea, defined as the occurrence in a 24- hour period of three or more loose stools or of a greater than normal (for a person) amount of loose stools.

c. The pilot in command is responsible for detaining the aircraft, 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 (42 CFR Part 71.)

AGRICULTURAL QUARANTINE REQUIREMENTS

a. The U.S. Department of Agriculture, Animal and Plant Health Inspection Service (APHIS), 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 approved sanitary international airports can be secured from APHIS headquarters, Riverdale, Maryland. 301-734-7633.

b. 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 USDA APHIS.

c. 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 Agriculture Inspector (CBP-AI) or the nearest USDA APHIS office covering that state.
(http://www.aphis.usda.gov/services/report_pest_disease/report_pest.html).

d. 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 the APHIS office listed in 3. above or the local CBP-AI inspector. Additionally, APHIS maintains a website at http://www.aphis.usda.gov/index.html.

e. Dogs, cats, monkeys, psittacine birds (parrot family), turtles, shipments of disease organisms and vectors, and dead bodies are subject to entry restrictions prescribed by APHIS Veterinary Services (9 CFR 94-97) as well as in the Foreign Quarantine Regulations of the Public Health Service (42 CFR Part 71, Subject J). APHIS Veterinary Services website is http://www.aphis.usda.gov/vs/.

REGULATIONS CONCERNING IMPORTATION, TRANS-SHIPMENT, AND EXPORTATION OF AIRCRAFT AND CARGO

a. Requirements Concerning Cargo and Other Articles

  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.

  2. Trans-shipment of cargo and other articles must be dealt with at the first international airport of entry according to related regulations. All aircraft entering the United States or arriving any place in the United States from any other place in the United States carrying residue foreign cargo, shall not depart from the place of landing without receiving permission from the CBP officer.

  3. Exportation of Aircraft, Cargo, and Other Articles. All U.S.-and foreign-registered aircraft departing the United States for foreign destination on a temporary sojourn must have export authorization. The two types of export authorization are a license exception for Aircraft and Vessels (AVS) and a license. Detailed information on both the license exception and the license can be obtained from:

  4. APHIS requires an APHIS Transport Permit for the movement of plant and animal products throughout the United States.

The U. S. Department of Commerce
Bureau of Export Administration
Exporter Counseling Division
Washington, DC 20230
Telephone: (202) 482-4811
Facsimile: (202) 482-3617

  (a) License exception AVS is an authorization to export the aircraft if certain criteria are satisfied (see 15 CFR Section 740.15). This exception does not require an application nor will there be an issuance of a license document prior to the flight.

    (1) License exception AVS authorizes an operating civil aircraft of foreign registry that has been in the United States on a temporary sojourn to depart from the United States under its own power for any destination, provided that:

      [a] 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 United States.

      [b] 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.

      [c] It does not carry from the United States any commodity for which export authorization has not been granted by the appropriate U.S. Government agency.

    (2) License exception AVS authorizes a civil aircraft of U.S. registry operating under an Air Carrier Operating Certificate, Commercial Operating Certificate, or Air Taxi Operating Certificate issued by the Federal Aviation Administration pursuant to part 129 of the regulations of the Federal Aviation Administration (14 CFR Part 129), to depart from the United States under its own power for any destination provided that:

      [a] The aircraft does not depart for the purpose of sale, lease or other disposition of the aircraft or its equipment, parts, accessories or components to a foreign country or any national thereof.

      [b] The aircraft's registration will not be changed while abroad.

      [c] The aircraft is not to be used in any foreign military activity while abroad.

      [d] The aircraft does not carry any commodity from the U.S. for which export authorization has not been granted by the appropriate U.S. Government agency.

    (3) License exception AVS authorizes any other operating civil aircraft of U.S. registry to depart from the United States under its own power for any destination except Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria (flights to these destinations require a license), provided that:

      [a] The aircraft does not depart for the purpose of sale, lease or other disposition of the aircraft or its equipment, parts, accessories or components to a foreign country or national thereof.

      [b] The aircraft's registration will not be changed while abroad.

      [c] The aircraft is not to be used in any foreign military activity while abroad.

      [d] The aircraft does not carry any commodity from the U.S. for which export authorization has not been granted by the appropriate U.S. Government agency.

      [e] The aircraft will be operated by a U.S. licensed pilot while abroad, except that during domestic flights within a foreign country, the aircraft may be operated by a pilot currently licensed by that foreign country.

  (b) A license authorizes the departure of the aircraft within the special limitations set forth in the license document. It is issued only on the basis of a formal application requesting the issuance of a license prior to the flight.

  (c) Once it has been determined that an export license is required, an application for the license should be submitted to the Bureau of Export Administration, U.S. Department of Commerce. An application consists of Form BXA-748P (Multi-Purpose Application). This form and information on the application process can be obtained free-of-charge from either the U.S. Department of Commerce in Washington, DC or any of its District Offices. (See International Trade in the local telephone directory blue pages under State government.)

Applications for validated licenses by non-U.S. citizens require that the applicant appoint an agent subject to U.S. jurisdiction to act on his/her behalf.

If an emergency situation necessitates the expediting of the application process, contact the Exporter Counseling Division Staff of the Bureau of Export Administration (telephone 202-482-4811, facsimile: 202-482-3617) or any Department of Commerce District Office for assistance. These offices are listed in the local telephone directory blue pages under State government.

b. Regulations Concerning Civil Movement of Arms, Ammunition and Military Type Aircraft

  1. Importation of military type aircraft and the carriage or importation of firearms or ammunition are regulated by the U.S. Department of the Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives.

    (a) A permit must be obtained from the Bureau of Alcohol, Tobacco, Firearms and Explosives for the importation of certain military type aircraft regardless of demilitarization. Aircraft that are exempt from permits are specifically listed in the regulations on Importation of Arms, Ammunition and Implements of War (26 CFR Part 180).

    (b) A permit must be obtained from the Bureau of Alcohol, Tobacco, Firearms and Explosives for the importation of firearms and ammunition for commercial transactions.

    (c) Transportation or shipment of firearms or ammunition in interstate or foreign commerce to persons other than licensed importers, licensed manufacturers, licensed dealers or licensed collectors, without written notice to the carrier that such firearms or ammunition is being transported or shipped, is unlawful.

    (d) Any passenger who owns or legally possesses a firearm or ammunition being transported abroad any common or contract carrier for movement with the passenger in interstate or foreign commerce must deliver said firearm or ammunition into the custody of the pilot, captain, conductor or operator of such common or contract carrier for the duration of the trip.

    (e) Applications for permits should be made on Form 6 (Firearms), preferably 30 days in advance of importation. Form IRS-4522, International Import Certificate, may also be required by the exporting country and should accompany applications on Form 6 (Firearms) when necessary.

    (f) Exportation of military type aircraft are regulated by the U.S. Department of State, Office of Munitions Control.

    (g) A license must be obtained from the Office of Munitions Control, Department of State, for the exportation from the United States of certain military type aircraft regardless of demilitarization. Aircraft that are exempt from licenses are specifically listed in the regulations on International Traffic in Arms (22 CFR Part 121). Applications for licenses are made as follows:

      (1) For permanent export, on Form DSP-5, apply at least 30, preferably 60, days in advance; a Form DSP-63 or 63a may also be required from the importing country; or

      (2) For temporary export, on Form DSP-73, apply at least 10 days in advance.

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