1. INTRODUCTION

The CBP Guide for Private Flyers is your book; it’s written for the private, corporate, or charter pilot, where you’re on a business or pleasure flight, whether you’re going to or arrive from foreign countries. It sets forth basic CBP requirements and provides a complete list of airports where you can get CBP processing.

Your air travel will be easier if you know CBP regulations and follow them. The International Flight Information Manual, published by the Federal Aviation Administration (FAA), offers additional information on regulations governing international flights. You can buy this manual from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, 202.512.1800. The cost is $51.00 for domestic mailing, $63.75 for foreign.

If you are in doubt about CBP regulations, don’t guess. Ask your local CBP officer or the CBP officer at the airport where you plan to enter the United States.

2. THE NARCOTICS SMUGGLING THREAT

CBP is asking the general aviation community for help in combating narcotics smuggling. Fixed-base operators, fuel service facilities, aircraft brokers, aircraft charter services, airport security, pilots, crew, airport personnel, and you, the private pilot, can help CBP extend its eyes and ears in this effort.

Detecting, interdicting and apprehending people engaged in smuggling and using aircraft to do it are challenges that CBP faces every day. Areas like Puerto Rico, Florida, Louisiana, Texas, Arizona, New Mexico, and California have been inundated with people and organizations trying to smuggle large amounts of narcotics into the United States. We are asking for your assistance as we try to identify these groups and individuals. The following list of 14 indicators will help you identify behaviors and activities that may be associated with the smuggling of narcotics into the United States. Remember smugglers endanger you, the general aviation community, and your family, the public community. These people tarnish the highly regarded general aviation community.

Be aware that these are only guidelines. The presence of a single indicator does not necessarily mean you have encountered an air smuggler:

Passenger seats removed from the aircraft.

1. Gas cans inside the aircraft or individuals without an aircraft who buy large amounts of aviation gas in containers.

2. Numerous cardboard boxes, duffel bags, plastic bags, or similar containers inside the aircraft, or seeds, green vegetable matter, fragments of various butcher paper or cellophane wrap indicating possible marijuana debris visible inside the aircraft; tape markings around the tail that alter or conceal the tail number or that seem intended to do so, or other residue around the aircraft tail number.

3. Maps in the aircraft or similar evidence of flights to Mexico, the Caribbean, Central or South America when the pilot avoids reference to such flights, or a pilot who requests maps or information about areas in Mexico, the Caribbean, Central or South America when it appears that he is not going to follow official procedures for such trips.

4. Strong odors from the aircraft (perfumes and deodorizers are often used to disguise the odor of marijuana and cocaine).

5. FAA registration numbers on the aircraft that appear to be incomplete, crooked, altered, or concealed.

6. Muddy wheels, dirty or dusty aircraft, beat-up props, pitted undercarriage or other evidence of landings on unpaved air strips or in fields, sand, etc.

7. Vans, panel trucks, or campers meeting the aircraft at an isolated location.

8. Pilot or passengers reluctant to leave the aircraft’s immediate area or to allow others close to the aircraft during refueling or servicing.

9. Aviators who pay cash for fuel or services, or pilots or passengers who display large amounts of cash.

10. Individuals who list themselves on aircraft rental applications as being self-employed and operating from their residence.

11. Individuals who rent hangars for one month or a similar short-term basis, particularly when they pay cash in advance and give minimal information about the reason or circumstances of the short-term rental.

12. Pilots who own or operate expensive aircraft with no visible means of support, or other factors that might lead you to believe the individual is engaged in criminal activities like narcotics trafficking.

13. Pilots reluctant to discuss destination, point of origin, or any of the above conditions.

Any of the foregoing items, especially when coupled with other suspicious behaviors by the aircraft operator or occupants may indicate that the aircraft is being used in an illegal activity. So if you observe any of the foregoing, and you believe there is a possibility that individuals might be engaged in smuggling, please note any information about the identity of the pilot(s), other occupants, aircraft, description, and license numbers of vehicles. Under no circumstances, however, should you take direct action on your own. Immediately, or as soon as you safely can, notify CBP or Immigration and Customs Enforcement (ICE). Call either the national 1-800/BE-ALERT number, or else contact the ICE office nearest you. All information will be held in confidence.

If, as a result of your information, the CBP or ICE seizes and causes the forfeiture of currency or monetary instruments, you could receive a reward of up to $150,000. In the case of information leading to vessel, aircraft, vehicle, or other property seizures, a reward of up to $250,000 could be paid.

CBP realizes that the vast majority of private aircraft operators and crewmembers are honest and that they have no intention of violating our laws. Nevertheless, our officers must sometimes ask a private aircraft operator for his aircraft to undergo a thorough CBP search, possibly including removing panels or opening compartments.

Ordinarily, when a CBP officer questions an aircraft operator arriving from a foreign country, or who appears to have arrived from a foreign country, the officer will be in full CBP uniform and will be wearing a CBP badge. This is always the case with CBP inspectors stationed at airports that inspect and clear reported arrivals from, and departures to, foreign countries.

But CBP also conducts special enforcement operations during which wearing a uniform would be self-defeating, as, for example, when officers are observing suspicious activities. However, if a CBP officer approaches a citizen for questioning, inspection or search, the officer must identify himself or herself, including providing his or her badge number if requested. In fact, providing a badge number is even more important when CBP officers are not in uniform. If a CBP officer believes he may be harassed by a citizen because of the questioning, the officer does not have to provide his name; the officer’s badge number will be sufficient for CBP to determine the officer's identity should an investigation be warranted.

Any time a person claiming to be a CBP or ICE officer does not clearly and fully identify himself-for example, by being in CBP uniform, by providing his name and badge number upon request, or, when not in uniform, by showing the citizen his badge-the citizen should ask to speak with that officer's supervisor. If a supervisor is not available, the citizen should contact the nearest CBP office or the CBP port director with jurisdiction over the location where the incident occurred. This procedure should also be followed when a CBP officer has properly identified himself, but the citizen believes he was treated unfairly, unprofessionally, or discourteously.

Should the citizen believe that the person questioning him is impersonating a CBP officer, he should cooperate to the extent necessary to protect his safety and then contact the nearest CBP office or other law enforcement agency. Please be assured that CBP is fully aware that effective enforcement of our laws depends as much upon the cooperation of honest citizens as upon our own enforcement efforts.

Aircraft used to smuggle narcotics are subject to seizure. Title 19, Section 1595(a) of the U.S. Code provides that such aircraft may be forfeited. In addition, aircraft that have been illegally modified in order to help promote the importation of contraband are also subject to forfeiture under Section 1590. Further, it does not matter whether the narcotics are being smuggled by a crewmember or by a passenger. These individuals are all subject to criminal prosecution.

3. SCOPE AND DEFINITIONS

The information in this book applies to private aircraft of both United States and foreign registry. CBP requirements vary depending upon whether an aircraft is operating as a commercial or a private flight; the nature of the particular flight determines whether it is operating in a private or commercial capacity. The owners, aircraft type, or the predominant use of the aircraft have little bearing on this determination; in fact, many corporate and business aircraft typically operate as private aircraft for CBP purposes.

When corporate/business aircraft are operating as private aircraft for CBP purposes, the flight crew shall not be treated as crewmembers (19 CFR 148.61 [b]), nor shall they be subject to the crew member declaration and exemption rules (19 CFR Subpart G 148.61-148.67).

Aircraft that do not qualify as private must comply with applicable entry and clearance requirements for commercial aircraft as specified in Part 122, Customs Regulations (19 CFR Part 122). For additional information on these requirements, please contact your nearest CBP office.

For CBP purposes, a private aircraft is any civilian aircraft not being used to transport persons or property for compensation or hire. A commercial aircraft is any civilian aircraft 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 were some payment or other consideration, including monetary or services rendered, by or for the person, and that the person transported is not connected with the aircraft’s operation, navigation, ownership, or business. The major criterion for determining whether an aircraft is private or commercial will be how the aircraft is used on a particular flight. This criterion--how the aircraft is used--would be the same whether the owner or lessee is a corporation, partnership, sole proprietorship, or an individual.

An aircraft is presumed not to be carrying persons or merchandise for hire, and thus, to be a private aircraft for CBP purposes, when the aircraft is transporting only the aircraft owner's employees, invited guests, or the owner's own property. This presumption can be overcome by evidence that the owner's employees, guests, or property are being transported for compensation or other consideration. An aircraft would be considered private if it is used by a group of individuals who own or have rented it, and if all persons aboard including the pilot have contributed equally toward the operating expenses of that particular flight, and if the pilot is making the flight for his own convenience.

Usually, aircraft arriving in the United States that raise the question of whether they are private or commercial are those operated by the owner or lessee. When determining whether an aircraft is private or commercial, the aircraft's lessee will be considered its owner if the pilot is a regular employee of the lessee, and if the lessee has complete control of the aircraft and its itinerary. Accordingly, aircraft operated by the owner, or by a lessee as described in the preceding sentence, will be classified as private or commercial depending upon the aircraft’s use on a particular flight, that is, whether it is transporting persons or property for compensation or hire. On the other hand, a leased aircraft will be considered commercial for CBP purposes if the pilot and/or crew are part of the leasing arrangement of the aircraft.

Air charter or air taxi flights are subject to CBP reporting requirements for private aircraft if they have a seating capacity of up to 30 passengers and a payload of up to 7,500 pounds. Such aircraft must land at one of CBP’s designated southern border airports when arriving in the United States by crossing a southern border. For additional information on this subject, as well as a definition of the southern border, see the section on Special Reporting Requirements.

It must be emphasized that although these smaller air taxi and air charter flights are considered private for CBP reporting purposes, they are still commercial for purposes other than reporting. This means they may be subject to the CBP processing fees that apply to commercial flights. Air taxi and air charter flights must also provide CBP with the normal commercial entry documents, either the Air Cargo Manifest (Customs Form 7509) or the General Declaration (CBP Form 7507), when they arrive in the United States. Finally, FAA designations--as Part 91 (private) or Part 135 (commercial) aircraft--do not have to coincide with CBP designations. Thus, a single flight could be considered private under FAA regulations, commercial for CBP entrance and clearance purposes, and private for CBP reporting purposes.

The term international airport means any airport that the Secretary of the Treasury or the Commissioner of CBP has designated as a port of entry for civil aircraft arriving in the United States from any place outside the United States and for any cargo carried on such aircraft. International airport is also a designation by the Attorney General as a port of entry for certain classes of aliens arriving on such aircraft and by the Secretary of Health and Human Services as a place for quarantine inspection. All officially designated international airports are listed in this publication.

Note: Frequently the word international is included in an airport's name for other than CBP purposes. If an airport with the word international in its name is not included in the list, it is not an international airport for CBP purposes.

The term landing rights airport means an airport at which permission to land may be granted by a CBP officer with acknowledgment of the U.S. Public Health Service Such rights are required before an aircraft may land at an airport not designated as an international airport for CBP purposes.

For CBP purposes, the term United States includes the 50 states, the District of Columbia, and Puerto Rico. Aircraft arriving from Puerto Rico will have to provide CBP with an advance notice of penetration of United Stated airspace. (See the Special Reporting Requirements section for details.) For information about arrivals from the U.S. insular possessions, refer to the U.S. Aeronautical Information Publication, which is published biennially by the FAA.

4. OUTWARD FLIGHTS

ADVANCE NOTICE OF ARRIVAL IN CANADA AND MEXICO

FLIGHTS TO CANADA

According to Section 602.73 of the CARs, a flight plan must be filed for all flights between Canada and the United States.

Pilots must land at a Canada Customs authorized AOE. Canada Customs does not require citizenship information on flight plans.

Aerodromes that are designated as an AOE with Customs services available are indicated in the aerodrome/facility directory of the CFS or the WAS. “ADCUS” notifications on flights plans will no longer be accepted, and pilots must make their own customs arrangements by calling 1 888 226-7277 at least two hours, but not more than 48 hours before flying into Canada. Pilots are also cautioned that for flight arrivals outside of the established hours, the provision of Canadian Customs services may not always be available. Where available, call-out charges may be levied.

Aircraft carrying passengers or cargo for hire or compensation on either the outbound or inbound portions of flights are only considered private aircraft for U.S. CBP reporting purposes. These aircraft must comply with the clearance requirements for commercial aircraft, which are set forth in Part 122 of the Customs Regulations.

CBP officers have the authority to search aircraft leaving the United States for a foreign destination as well as those entering the United States.

FLIGHTS TO MEXICO

Mexico requires advance notice of a pilots' intent to enter the country. Under agreements between the United States and Mexico, private plane operators may usually include this advance notice (ADCUS) in Item 2 of the Remarks section of a flight plan. This flight plan must then be filed at the nearest FAA flight service station before the pilot departs from the United States. That station will then transmit the message to the proper authorities in the country of destination. Contact the nearest FAA flight service station about this procedure.

Aircraft carrying passengers or cargo for hire or compensation on either the outbound or inbound portions of flights are only considered private aircraft for CBP reporting purposes. These aircraft must comply with the clearance requirements for commercial aircraft, which are set forth in Part 122 of the Customs Regulations.

CBP officers have the authority to search aircraft leaving the United States for a foreign destination as well as those entering the United States.

EXPORTING PRIVATE AIRCRAFT

Ferry pilots-that is, pilots transferring their aircraft for importation or exportation-should be aware that when they leave the United States with an aircraft for export, that aircraft is subject to CBP inspection. The pilot should be prepared to show his FAA pilot license, his medical certificate, aircraft registration and airworthiness certificate, and an approved FAA Form 337 if the aircraft has ferry tanks. A Shipper's Export Declaration, which is a U.S. Census Bureau form, must also be filed with CBP before departure. The Shipper's Export Declaration can be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, tel. 202.512.1800. The Shipper's Export Declaration is not required for shipments to Canada when Canada is the ultimate destination for the exported aircraft.

ENTRY AND CLEARANCE-CUBA

Aircraft arriving from or departing for Cuba must land at or depart from Miami International Airport, as provided in Subpart 0, Section 122.153, of the Customs Regulations.

Upon arrival, the pilot will present a manifest of all passengers to a CBP officer .

Aircraft going to Cuba must have a validated license from either the Department of Commerce or the Department of State.

Note: These special requirements do not apply to aircraft arriving from or departing for the U.S. Naval Base at Guantanamo Bay. Aircraft from this base must meet the same requirements as aircraft arriving from other Caribbean nations.

5. INWARD FLIGHTS

PROVIDING NOTIFICATION TO CBP

In order to have a CBP officer present to provide inspectional services for you and your aircraft, you must notify CBP of your intention to land and the estimated time of your arrival.

This notification may be provided by telephone, radio, or by an ADCUS message (ADvise CUStoms) in the flight plan through the FAA. The term ADCUS should be clearly identifiable in the Remarks section of your flight plan if you wish to have CBP notified. Be aware, however, that the ADCUS procedure involves relaying information and is not as timely or reliable as direct communication (telephone or radio). CBP recommends that, if possible, pilots communicate directly with CBP by telephone or other means to assure that an officer will be available at the time requested. It is the pilot's responsibility to make sure that CBP is properly notified. Failure to do so may subject the pilot to a penalty. (See Penalties for Violations [Subpart Q of the Customs Regulations] in the Appendix.) The last section of this guide provides telephone numbers and other information to help you contact CBP.

The GATE program (GATE stands for General Aviation Telephonic Entry) has been indefinitely suspended.

FLIGHTS ORIGINATING FROM CANADA

According to Section 602.73 of the CARs, a flight plan must be filed for all flights between Canada and the United States.

U.S. Customs information on flight plans to U.S. airports from Canada must include the number of U.S. and non-U.S. citizens on the flight. ADCUS is still accepted on flight plans to the U.S.; however, the ADCUS remark in the flight plan may not be sufficient notice for some U.S. airports. At least one hour advance notice of arrival must be provided. The aircraft operator is solely responsible for ensuring that Customs receives the notification. It may be preferable to contact the Customs office by telephone to advise them directly of your ETA.

IMPORTING A PRIVATE AIRCRAFT

CBP considers parties involved in ferrying aircraft for importation into the United States (e.g., for sale or sale on approval) to be operating commercially, and the aircraft is considered merchandise. Prior to arriving in the United States, importers should arrange for formal entry of the aircraft, which normally requires the services of a customs broker or posting a bond. Release of the aircraft will be delayed if it arrives and no entry release documents are available. All imported private aircraft are subject to formal entry requirements. The pilot should also be prepared to present his FAA pilot license, medical certificate, aircraft registration, airworthiness certificate, and an approved FAA Form 337 if ferry tanks are installed.

SPECIAL REPORTING REQUIREMENTS: SOUTHERN BORDER, PACIFIC, GULF OF MEXICO, AND ATLANTIC COASTLINES

CBP has identified general aviation aircraft as being at high risk for narcotics smuggling. This is especially true for aircraft flying from areas south of the United States. Therefore, to prevent such smuggling, the following special reporting procedures have been instituted for aircraft coming from these areas:

All private aircraft arriving in the United States via the United States/Mexican border or the Pacific Coast from a foreign location in the Western Hemisphere south of 33 degrees north latitude must furnish a notice of intended arrival with CBP at the designated airport nearest the border or coastline crossing point. (See the list of designated airports).

All private aircraft arriving in the United States via the Gulf of Mexico or the Atlantic Coast from a foreign location in the Western Hemisphere south of 30 degrees north latitude, or from any place in Mexico or from the U.S. Virgin Islands, shall also furnish a notice of intended arrival. Such aircraft must then land for inspection at the nearest designated airport unless an overflight exemption has been granted under Section 122.25 of the Customs Regulations. The CBP must grant landing rights to these aircraft in order for them to land at designated airports that are not also approved as international airports. See the list of Airports Where CBP is Normally Available for further information on this subject.

The requirement to furnish an advance notice of intended arrival does not apply to private aircraft departing from Puerto Rico and conducting their flights under instrument flight rules (IFR) until they have crossed the United States coastline or proceeded north of 30 degrees north latitude prior to crossing the coastline. The notice must be furnished at least one hour before crossing the United States coastline or border. The notice may be furnished directly to CBP by telephone, radio, by an ADCUS message in the flight plan through the FAA. The FAA will accept ADCUS notices up to 23 hours before arrival.

Private aircraft arriving in the continental United States from Puerto Rico must provide a one-hour advance notice of coastline or border penetration--not landing, but border penetration--if they are not conducting their flights on an IFR flight plan per Section 122.23(b) of the Customs Regulations. This requirement also applies to private aircraft that have flown beyond the inner boundary of the Air Defense Identification Zone (ADIZ) south of 30 degrees north latitude on the Atlantic Coast or beyond the inner boundary of the Gulf Coast ADIZ south of the United States-Mexican border or beyond the inner boundary of the Pacific Coast ADIZ south of 33 degrees north latitude and that have not landed in a foreign place. This one-hour advance notice requirement may be satisfied either by filing a flight plan with the FAA and placing ADCUS in the Remarks section of the flight plan or by contacting CBP directly at least one hour before the inbound crossing of the United States border or coastline.

The notice to CBP required by this section must include the following:

1. Aircraft registration number.

2. Name of aircraft commander.

3. Number of passengers who are United States citizens.

4. Number of alien passengers.

5. Place of last departure.

6. Estimated time of crossing a United States border or coastline and location of the border or coastline.

7. Name of United States airport of first landing.

8. Estimated time of arrival.

DESIGNATED AIRPORTS

Private aircraft coming from a foreign location are required to furnish a notice of intended arrival in compliance with these special reporting requirements, which apply to private flights originating in areas south of United States borders. These flights must land for CBP processing at a designated airport nearest the border or coastline crossing point unless the aircraft has been exempted from this requirement. In addition to the requirements of this paragraph, private aircraft commanders must comply with all other landing and notice-of-arrival requirements. This landing requirement does not apply to private aircraft that have not landed in a foreign place or that are arriving directly from Puerto Rico.

LOCATION

NAME OF AIRPORT

Beaumont, TX

Jefferson County

Brownsville, TX

Brownsville International*

Calexico, CA

Calexico International*

Corpus Christi, TX

Corpus Christi International

Del Rio, TX

Del Rio International*

Douglas, AZ

Bisbee-Douglas International*

Douglas, AZ

Douglas Municipal

Eagle Pass, TX

Maverick County Memorial International*

El Paso, TX

El Paso International*

Fort Lauderdale, FL

Fort Lauderdale Executive

Fort Lauderdale, FL

Fort Lauderdale-Hollywood International

Fort Pierce, FL

St. Lucie County

Houston, TX

William P. Hobby

Key West, FL

Key West International

Laredo, TX

Laredo International*

McAllen, TX

Miller International*

Miami, FL

Miami International

Miami, FL

Opa-Locka

Miami, FL

Tamiami

Midland, TX

Midland International

New Orleans, LA

New Orleans International (Moissant Field)

New Orleans, LA

New Orleans Lakefront

Nogales, AZ

Nogales International*

Presidio, TX

Presidio-Lely International*

San Diego, CA

Brown Field*

Santa Teresa, NM

Santa Teresa

Tampa, FL

Tampa International

Tucson, AZ

Tucson International

West Palm Beach, FL

Palm Beach International

Wilmington, NC

New Hanover County

Yuma, AZ

Yuma International

*These airports offer free service 24 hours a day, Monday through Saturday. For other airports' hours of operation, please see the List of Airports Where CBP is Normally Available and the list of designated airports.

EXEMPTION FROM SPECIAL LANDING REQUIREMENTS

Requests for an exemption from the requirement to land at a designated airport can be made to the CBP port director with jurisdiction over the airport you would normally use when arriving in the United States. If the port director approves the request, the applicant must comply with all other requirements including the requirement to fly no lower than 12,500 feet mean sea level; to provide advance notice of penetration to CBP at least one hour before crossing the border or coastline; to furnish advance notice of arrival at the first intended airport of landing; and others that may apply

CBP ports have been instructed to review carefully all requests for overflight exemptions, in particular, to look for accuracy and completeness of the required information as well as the applicant's demonstration of genuine need for this privilege. Controlling aircraft arrivals in the United States is of critical importance if CBP is to successfully combat the flow of illegal drugs and other contraband. In order to grant an overflight exemption to an individual or corporation, the port director must be reasonably assured that the party requesting the exemption will not compromise the mission of CBP.

Review of the information in an application for overflight exemption is performed in conjunction with other law enforcement agencies, as are background checks. Some of the information sought is required by law; other information is voluntary. Performing a background check can be a lengthy procedure; providing the voluntary information--social security numbers, for example--can substantially reduce the time required to process your application. An application containing insufficient information about individuals or corporations can create doubt, which can keep background reports from being forwarded to the deciding official in a timely manner.

Applications should be addressed to the CBP port director with jurisdiction over the airport you will normally use when arriving from points south of the United States. Requests for exemptions can be for a single, specific flight or for a term of one year (called a term exemption). The port director must get applications for a single overflight exemption at least 15 days in advance of the intended date of arrival; for term exemptions, at least 30 days in advance.

All overflight exemptions must include the following information:

• Aircraft registration number and serial number.

• Identifying information about the aircraft (make, model, color scheme, type, such as turboprop, etc.)

• A statement that the aircraft is equipped with a functioning mode C (altitude reporting) transponder, which will be in use during the overflight.

• A statement that the aircraft is capable of flying above 12,500 feet and that it will be operated at such an altitude during the exempted overflight, unless ordered by FAA air traffic controllers to fly at a lower altitude.

• Names, home addresses, social security numbers (optional), and dates of birth of aircraft owners. (If the aircraft is being operated under a lease, the name and address of both the lessee and the owner.)

• Names, home addresses, social security numbers (optional), dates of birth, and any FAA certificate numbers of crewmembers that the applicant wishes to have approved.

Each application for an overflight exemption must also include individual applications from each crewmember. Crewmember applications should be in the form of a letter signed by the crewmember to whom it pertains. The crewmember making application should include a statement in his or her letter attesting to the accuracy of the information he or she has just provided.

• Names, home addresses, social security numbers (optional), and to the extent possible, dates of birth of usual or probable passengers. An approved passenger must be on board for the overflight exemption to be used.

• Description of usual or anticipated cargo or baggage.

• If the aircraft is company-owned, a description of the company's usual business activity.

• Name of intended airport(s) of first landing in the U.S. (The overflight exemption will only be valid to fly to airports pre-approved by CBP.)

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

• Reason for requesting the overflight exemption.

Information should be as complete and accurate as possible and should be specific rather than general. The following points will help you prepare an acceptable application:

• Include all potential crewmembers that might be present on the aircraft during the term of the exemption you are applying for. In order for overflight exemptions to remain valid, all crewmembers on a flight must have been listed on your application.

• Provide as much identifying information about crewmembers and passengers as possible. Social security numbers, passport numbers, aircraft pilot license numbers, etc., will contribute greatly to expediting background investigations.

• Describe the type of business the corporation is engaged in. If the company that owns the aircraft is simply an air transportation service for the benefit of an affiliated company, please provide details.

• List the foreign cities and countries the aircraft will visit. CBP recommends describing the nature of your business in each location or indicating whether certain destinations are for vacation or entertainment.

• The reason(s) for requesting the overflight exemption should be stated as concretely as possible. Provide an estimate of the increased costs of an extra landing at a designated airport (e.g., for fuel, wear on aircraft components, landing fees, additional time/distance, etc.).

• Using the following method to get an estimate, provide an estimate of the number of nautical flying miles that will be saved annually if the exemption is granted: Determine the distance from your last foreign point of departure to the U.S. airport where the aircraft will be inspected. Then calculate the flying distance from the same foreign point of departure to the same destination with an intermediate stop at the most convenient (that is, closest to a straight-line route) designated airport. Then, subtract the mileage for the direct flight from the mileage for the flight that stops at the designated airport to calculate the mileage saved on a given flight.

• Companies involved in air-ambulance operations may be granted a single overflight exemption when emergency situations arise, and for non-emergency transport of individuals seeking medical treatment. Both U.S. and foreign-registered aircraft are eligible for this special exemption; however, applicants for this privilege must still provide all the information normally required for an overflight exemption. Ideally, CBP should be notified at least 24 hours prior to departure. If this is not possible, CBP will allow receipt of the application up to departure time, or, if necessary, in flight through a flight service station.

Applicants should be aware that processing term applications takes time: Background reports must be prepared and submitted to the deciding official. Incomplete applications will not be processed; however, the applicant will be notified of the information still needed to complete his or her application.

An appeals process is available if an application for overflight is denied. CBP will send the applicant a letter of denial that includes the name and address of the port director with authority over the airport at which the application was denied. You may also petition CBP for reconsideration of your request. Send your petition to: Customs and Border Protection, , Office of Field Operations, Border Security and Facilitation, 1300 Pennsylvania Avenue, Washington, D.C. 20229

ENTRY AND CLEARANCE-CUBA

Aircraft arriving from or departing for Cuba must land at or depart from Miami International Airport, as provided in Subpart 0, Section 122.153, of the Customs Regulations.

Upon arrival, the pilot will present a manifest of all passengers to a CBP officer .

Aircraft going to Cuba must have a validated license from either the Department of Commerce or the Department of State.

These special requirements do not apply to aircraft arriving from or departing for the U.S. Naval Base at Guantanamo Bay. Aircraft from this base must meet the same requirements as aircraft arriving from other Caribbean nations.

INTERNATIONAL AIRPORTS

Aircraft arriving at international airports don't need to request permission to land--known as landing rights--from CBP. However, an advance notice of the estimated time of arrival, in local time, must be transmitted to CBP for each flight. In general, a one-hour advance notice of arrival is sufficient, although please note that a longer time is required at certain airports. Aircraft operators must bear in mind that this advance notice is based upon the time that the CBP officer will receive the notification, not the time the flight plan or message is filed.

LOCATION

NAME OF AIRPORT

Akron, OH

Akron Municipal

Albany, NY

Albany County

Baudette, MN

Baudette International

Bellingham, WA

Bellingham International

Brownsville, TX

Brownsville International

Burlington, VT

Burlington International

Calexico, CA

Calexico International

Caribou, ME

Caribou Municipal

Chicago, IL

Midway

Cleveland, OH

Cleveland Hopkins International

Cut Bank, MT

Cut Bank Municipal

Del Rio, TX

Del Rio International

Detroit, MI

Detroit City

Detroit, MI

Detroit Metropolitan Wayne County

Douglas, AZ

Bisbee-Douglas Municipal

Duluth, MN

Duluth International

Duluth, MN

Sky Harbor

El Paso, TX

El Paso International

Fort Lauderdale, FL

Fort Lauderdale-Hollywood International

Friday Harbor, WA

Friday Harbor Seaplane Base

Grand Forks, ND

Grand Forks International

Great Falls, MT

Great Falls International

Havre, MT

Havre City-County

Houlton, ME

Houlton International

International Falls, MN

Falls International

Juneau, AK

Juneau Municipal

Juneau, AK

Juneau Harbor Seaplane Base

Ketchikan, AK

Ketchikan Harbor Seaplane Base

Key West, FL

Key West International

Laredo, TX

Laredo International

Massena, NY

Richards Field

Maverick, TX

Maverick County

McAllen, TX

Miller International

Miami, FL

Chalk Seaplane Base

Miami, FL

Miami International

Minot, ND

Minot International

Nogales, AZ

Nogales International

Ogdensburg, NY

Ogdensburg Harbor

Ogdensburg, NY

Ogdensburg International

Oroville, WA

Dorothy Scott

Oroville, WA

Dorothy Scott Seaplane Base

Pembina, ND

Pembina Municipal

Port Huron, MI

St. Clair County International

Port Townsend, WA

Jefferson County International

Ranier, MN

Ranier International Seaplane Base

Rochester, NY

Rochester-Monroe County

Rouses Point, NY

Rouses Point Seaplane Base

San Diego, CA

San Diego International (Lindbergh Field)

Sandusky, OH

Griffing-Sandusky

Sault Ste. Marie, MI

Sault Ste. Marie City-County

Seattle, WA

King County International

Seattle, WA

Lake Union Air Service (Seaplanes)

Tampa, FL

Tampa International

Tucson, AZ

Tucson International

Watertown, NY

Watertown New York International

West Palm Beach, FL

Palm Beach International

Williston, ND

Sloulin Field International

Wrangell, AK

Wrangell Seaplane Base

Yuma, AZ

Yuma International

Except in the case of short flights (please see the definition of, and policy regarding, short flights), requests to transmit such notices may be included in flight plans to be filed at certain airports in Canada and Mexico under agreements with those countries. If an ADCUS message is not included in the flight plan, FAA will not advise CBP of intended arrival. The pilot is ultimately responsible for ensuring that CBP is properly notified. At airports that do not provide this service (flight plan notification), notices of arrival must be made directly to CBP.

For private aircraft arriving in the United States from certain foreign areas south of the United States, refer to the Special Reporting Requirements section in the chapter Inward Flights.

LANDING RIGHTS AIRPORTS

In addition to providing advance notice of arrival, as just described (international Airports), pilots must also obtain specific permission to land at a Landing Rights airport before intended use. Except for short flights, advance notice of arrival may be transmitted to CBP in the ADCUS section of flight plans at airports where flight notification service is available. These notices will be treated as an application for permission to land, although the pilot is still ultimately responsible for ensuring that CBP is properly notified. Landing rights may be denied if inspection service cannot be provided. If flight notification service is not available at a particular airport, pilots must submit applications for landing rights and must provide arrival notices directly to CBP.

CBP officers may, at their discretion, grant blanket landing rights for certain airports for a specified period of time; in these cases, pilots will only be required to provide advance notice of arrival.

"USER-FEE" AIRPORTS

Congress created the "User-Fee" Airport Program a part of the Tariff and Trade Act of 1984. Under this program, certain airports that do not meet the criteria for becoming a CBP port of entry can petition to become a designated "user-fee" airport instead.

"User-fee" airports are so named because the costs associated with them are reimbursable: Private aircraft operators using designated "user-fee" airports are frequently required to reimburse the airport operator for the costs associated with processing their arrivals. These costs may well run from $100 to $300 or more per arrival.

The airports currently designated as "user-fee" are:

LOCATION

NAME OF AIRPORT

Albany, NY

Binghampton Regional

Blountville, TN

Tri-Cities Regional

Casper, WY

Natrona County International

Dallas, TX

Addison

Daytona Beach, FL

Daytona Beach Regional

Denver, CO

Denver-Jefferson County

Decatur, IL

Decatur Airport

Dupage, IL

Dupage

Fargo, ND

Hector International

Fort Myers, FL

South West Florida International

Fort Wayne, IN

Baer Field

Fort Worth, TX

Alliance

Lexington, KY

Blue Grass Airfield

Manchester, NH

Manchester

Medford, OR

Rogue Valley-Medford International

Melbourne, FL

Melbourne International

Midland, TX

Midland International

Morristown, NJ

Morristown Municipal

Moses Lake, WA

Moses Lake

Myrtle Beach, SC

Myrtle Beach International

Ocala, FL

Ocala Regional

Palm Springs, CA

Palm Springs Regional

Sarasota, FL

Sarasota Bradenton International

Terre Haute, IN

Hullman Regional

Waterford, MI

Oakland County International

Waukegan, IL

Waukegan Regional

West Trenton, NJ

Trenton Mercer

Wheeling, IL

Paul-Waukee Municipal

Wilmington, OH

Airbourne Airpark

Ypsilanti, MI

Willow Run Regional

OTHER AIRPORTS

Permission to land at airports other than those listed in this publication may be obtained in limited cases; however, advance arrangements, preferably in writing, must be made with the CBP office nearest the airport of intended arrival. In these cases, advance notice of arrival is still required. Pilots should be aware that mileage and per diem costs for CBP services, if applicable, may accrue.

WHAT TO REPORT

Unless you are landing at an airport that offers flight plan notification, your application for landing rights and your arrival notice(s) must specify:

1. Type of aircraft and registration number or marks of nationality.

2. Commander's name.

3. Foreign point of departure.

4. Airport of arrival and ICAO¹ airport designator code.

5. Number of passengers who are United States citizens.

6. Number of alien passengers.

7. Estimated time of arrival.

Stricter requirements apply to private aircraft arriving in the United States from certain foreign areas south of the United States. (Refer to Special Reporting Requirements in the Inward Flights section.)

¹International Civil Aviation Organization

SHORT FLIGHTS

If flying time from the foreign airport to the United States airport is less than one hour, the pilot should: (1) request landing rights when these are required, and (2) transmit his arrival notice directly to the CBP office before departing the foreign airport, unless prior arrangements have been made. This is necessary to give inspection personnel sufficient time first, to be assigned to, and then, to be present at, the airport before the aircraft arrives. On such short notice, the FAA cannot guarantee delivery of a message (under the flight-plan notification arrangement) in sufficient time. It is still the pilot's responsibility to give timely notice, even though a flight plan has been filed.

For private aircraft arriving in the United States from certain foreign areas south of the United States, refer to Special Reporting Requirements in the Inward Flights section.

CHANGING DESTINATION EN ROUTE

Pilots may find it necessary or convenient to change the intended airport of destination while en route. Failure to obtain advance permission from CBP to alter the airport of destination may result in penalty action.

DOCUMENTATION AND EXAMINATION ON ARRIVAL

Private aircraft are required to report directly to CBP for inspection immediately upon arrival. A CBP officer will normally be present if the pilot has given proper advance notice of arrival. In the event that no inspecting officer is present, the pilot should report his arrival to CBP by telephone or most convenient means. He should keep the aircraft, passengers, crewmembers, baggage, food, and cargo intact and off in a separate place until the inspecting officer arrives or until a CBP officer gives special instructions on what the next steps should be.

The pilot should supply the inspecting officer with the information necessary to complete the required documentation--the Private Aircraft Enforcement System Arrival Report (CBP Form 178)--unless the pilot has prepared this document in advance. CBPF 178, which can be obtained from the CBP web site or a CBP office, must be completed for all private aircraft arrivals.

The pilot must produce for inspection a valid airman's certificate or a pilot's certificate or license, a medical certificate, and the aircraft registration certificate (19 CFR 122.27[c]). Failure to present the required documentation could result in civil penalties of $5,000 per violation. Overages, attempts to smuggle contraband, or any act in connection with such violations shall be subject to fines, as well as seizure and forfeiture of the aircraft, as provided for under Customs laws 19 U.S.C. 1436 and 1584.

Crew and passenger baggage will be examined in the same manner as they would be for other international travelers. A verbal declaration of articles acquired abroad will suffice unless duty is owed or the inspecting officer considers an inspection necessary. The pilot in command will prepare a baggage declaration (CBP 6059B) to account for noncommercial cargo or unaccompanied baggage carried on board private aircraft. Appropriate entry for noncommercial cargo or unaccompanied baggage is also required; CBP officers will furnish the necessary forms. In addition, the inspecting officer may require that baggage and cargo be removed from the aircraft for inspection, and the officer may also physically inspect the aircraft. It is the pilot's responsibility to assist in opening baggage and aircraft compartments. Aircraft operators may have to hire a certified mechanic in the event of extensive examination.

REGISTRATION CERTIFICATE REQUIREMENTS FOR BORDER CROSSING

Article 29 of the Convention of International Civil Aviation requires that each aircraft of a member state carry a Certificate of Registration when engaged in international air navigation. The pink copy of FAA Form 8050-1 (Aircraft Registration Application), which authorizes aircraft to be used up to 90 days within the United States, is not valid for border crossing flights. To minimize hardships for new owners who wish to use their aircraft in international flight, the applicant may submit, along with the required registration documents, a request for expedited processing of the registration.

To register his or her plane, the new owner should send the following:

1. The Aircraft Registration Application (AC Form 8050-1), showing appropriate title to the aircraft, and signed in ink by the applicant.

2. Documentary evidence of ownership (i.e., bill of sale, etc.) signed in ink by the seller(s), for each change in ownership.

3. A registration fee of $5.00, in the form of a personal check or money order made payable to the U.S. Treasury.

For international flying, the applicant should request expedited processing of the registration. The request should include the following:

1. A complete description of the aircraft, including manufacturer's name, model designation, serial number, and registration number.

2. The intended date, time, and destination of the international flight.

3. The fax number and the city and state where the temporary certificate is to be sent.

4. The applicant's name, signature, and title, if appropriate.

After the aircraft has been registered in the applicant's name, the FAA will issue a temporary certificate and will fax it to the number supplied in item number 3, above. This faxed document may be carried as a temporary registration certificate until the applicant receives the actual Certificate of Aircraft Registration, AC Form 8050-3.

Expedited requests for aircraft registration, and associated documents, may be sent to:

REGULAR MAIL

Aircraft Registration Branch AFS-750

Attn: Priority

P.O. Box 25504

Oklahoma City, OK 73125

FEDERAL EXPRESS

Aircraft Registration Branch AFS-750

Attn: Priority

6425 S. Denning Avenue

Oklahoma City, OK 73169

Phone: (405) 954-3116

PERSONAL EXEMPTIONS

CBP does not consider individuals operating a private aircraft to be crewmembers for tariff purposes. Thus, when these individuals enter the United States in conjunction with private aviation activities, they will be treated for exemption purposes as either returning residents or nonresidents, as appropriate (19 CFR 148.61). Charter aircraft crews, however, may be considered crewmembers.

For information on exemptions and the importation of typical tourist items, please consult the CBP brochures Know Before You Go and Visiting the United States: CBP Regulations for Nonresidents.

REPORT OF CURRENCY AND OTHER MONETARY INSTRUMENTS

There is no limitation on the total amount of monetary instruments that may be brought into or taken out of the United States, nor is it illegal to do so. However, if you transport, attempt to 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 United States, you must file a report (Fin Cen 105, formally CF 4790) with CBP. Monetary instruments include U.S. or foreign coin, currency, traveler's checks in any form, money orders, and negotiable instruments or investment securities in bearer form.

Reporting is required under the Currency and Foreign Transactions Reporting Act, 31 U.S.C. 1101, et seq. Failure to comply can result in civil and criminal penalties and may lead to forfeiture of the monetary instruments.

IMMIGRATION REQUIREMENTS FOR PRIVATE AIRCRAFT ARRIVALS

Persons arriving in the United States from a foreign place, including Canada and Mexico, must report for CBP inspection immediately upon arrival.

With some exceptions, anyone who is not either a U.S. citizen or a permanent resident alien must present a valid passport and valid visa upon entering the United States. Visas can only be obtained at American consulates or embassies abroad. As of March 17, 2003, landed immigrants in Canada who share a common nationality with Canada are required to present a valid passport and a valid visa. Canadian citizens are exempt from visa requirements in most cases.

Note: Nationals of countries that participate in the Visa Waiver Pilot Program are required to obtain visas if they arrive in the United States on a private aircraft.

United States and Canadian citizens are advised to carry proof of citizenship, which can include a passport, birth certificate, naturalization papers or other documents that support your claim of citizenship. If you have any questions about what documents are required for entry into the United States, call the nearest American consulate, embassy, or U.S. Citizenship and Immigration Service office.

Most alien passengers must fill out and present upon arrival the Arrival/Departure Record Form (INS Form I-94, revised March 1, 1986). Earlier editions may not be used. Form I-94 must be completed by all persons except United States citizens, permanent resident aliens, aliens with immigrant visas, and Canadians.

Individuals who enter the United States by private aircraft and who must present form 1-94 should be aware that block number 7, Airline Flight Number, should indicate "private". All other items on the form are self-explanatory and should be completed before arriving in the United States. The completed forms must be presented to CBP officer upon arrival.

Mexican nationals who have a valid Mexican border crossing card (I-186 or I-586) or a valid passport and nonimmigrant visitor's visa are exempt from presenting Form I-94 if they remain within 25 miles of the Mexican border and their stay in the United States does not exceed 72 hours. INS form I-94 is required for Mexican nationals who want to stay in the United States for up to 30 days or travel to the five-state area of California, New Mexico, Nevada, Arizona, and Texas. Mexican nationals who present official or diplomatic passports and who are coming to the United States for reasons other than permanent assignment are exempt from Form I-94 reporting requirements.

Aircraft owners are responsible for assuring that all passengers who are affected by the I-94 reporting requirement have completed and submitted the form properly. Departure documentation should be annotated on the reverse side of the I-94 with the port and date of departure. In the space for 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 CBP officer at the time of departure from the United States, or mailed to the Affiliated Computer Service address listed below, in London, Kentucky. Aircraft owners are responsible for the submission of all I-94 departure records upon departure to a foreign destination.

Form I-94 can be purchased from the Superintendent of Documents, Government Pr