GEN 1.4 Entry, Transit, and Departure of Cargo

1.. 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. Transshipment of cargo and other articles must be dealt with at the first international airport of entry ­according to related regulations. All aircraft entering the U.S. or arriving any place in the U.S. from any other ­place in the U.S. carrying residue foreign cargo must not depart from the place of landing without receiving ­permission from the Customs officer.

2.. Agricultural Quarantine Requirements

  1. The U.S. Department of Agriculture, Plant Protection and Quarantine Division (PPQ), has strict ­requirements regarding the entry, handling and disposition of garbage and galley refuse on all flights arriving ­from any foreign country, except Canada (7 CFR Parts 94 and 330). A list of sanitary international airports ­approved by PPQ can be secured from any PPQ office at major airports (see Aerodrome Section).
  2. The U.S. Department of Agriculture (USDA) specifies regulations for inspecting aircraft and persons ­moving from Hawaii, Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, or the U.S. ­Virgin Islands. The person moving the aircraft must contact and offer an inspector the opportunity to inspect the ­aircraft (7 CFR Parts 318.13 and 318.58).
  3. Meat, meat products, milk, live birds, poultry, or other domestic farm animals can only enter the U.S. under ­certain conditions from certain countries under the regulations of the PPQ.
  4. No insects or other plant pests must knowingly be transported into the U.S. If the pilot of any aircraft has ­reason to believe any flying or crawling insects are aboard his/her aircraft, such information should be relayed ­to the nearest PPQ office or inspector when landing.
  5. Permits are required to bring most fruits, vegetables, plants, seeds, etc., into the U.S. from foreign countries. ­A guide to restricted or prohibited products can be secured from any PPQ office.
  6. Dogs, cats, monkeys, psittacine birds (parrot family), turtles, shipments of disease organisms and vectors, ­and dead bodies are subject to entry restrictions prescribed in the Foreign Quarantine Regulations of the Public ­Health Service (42 CFR Part 71, Subject J).

3.. Exportation of Aircraft, Cargo, and Other Articles

  1. All U.S. and foreign registered aircraft departing the U.S. for a foreign destination on a temporary sojourn ­must have export authorization. The two types of export authorization are a license exception (AVS) and a ­license. Detailed information on both the license exception and the license can be obtained from:

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

  2. A license exception (AVS) is an authorization to export the aircraft if certain criteria are satisfied. This ­exception does not require an application nor will there be an issuance of a license document prior to the flight.
  3. License exception AVS authorizes an operating civil aircraft of foreign registry that has been in the U.S. on ­a temporary sojourn to depart from the U.S. under its own power for any destination, provided that:
    1. No sale or transfer of operational control of the aircraft to nationals of Cuba, Iran, Iraq, Libya, North Korea, ­Sudan, or Syria has occurred while in the U.S.
    2. The aircraft is not departing for the purpose of sale or transfer of operational control to nationals of Cuba, ­Iran, Iraq, Libya, North Korea, Sudan, or Syria; and
    3. It does not carry from the U.S. any item for which an export license is required and has not been granted ­by the U.S. Government.
  4. 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 or conducting flights under operating specifications approved by the Federal Aviation ­Administration pursuant to 14 CFR Part 129 of the regulations of the Federal Aviation Administration, may ­depart from the U.S. under its own power for any destination provided that:
    1. The aircraft does not depart for the purpose of sale, lease or other disposition of operational control of the ­aircraft or its equipment, parts, accessories, or components to a foreign country or any national thereof.
    2. The aircraft's U.S. registration will not be changed while abroad.
    3. The aircraft is not to be used in any foreign military activity while abroad; and
    4. The aircraft does not carry from the U.S. any item for which a license is required and has not been granted ­by the U.S. Government.
  5. License exception AVS authorizes any other operating civil aircraft of U.S. registry to depart from the U.S. ­under its own power for any destination, except to Cuba, Iran, Iraq, Sudan, Syria, Libya, and North Korea (flights ­to these destinations require a license), provided that:
    1. The aircraft does not depart for the purpose of sale, lease or other disposition of operational control of the ­aircraft, or its equipment, parts, accessories, or components to a foreign country or national thereof.
    2. The aircraft's U.S. registration will not be changed while abroad.
    3. The aircraft is not to be used in any foreign military activity while abroad.
    4. The aircraft does not carry from the U.S. any item for which an export license is required and has not been ­granted by the U.S. Government; and
    5. The aircraft will be operated while abroad by a U.S. licensed pilot, except that during domestic flights ­within a foreign country, the aircraft may be operated by a pilot currently licensed by that foreign country.
  6. 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.
  7. 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 (multipurpose 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 or any of its District ­Offices. (See paragraph 4.)
  8. Applications for validated licenses by non-U.S. citizens require that the applicant appoint an agent subject ­to U.S. jurisdiction to act in his/her behalf. If an emergency situation necessitates the expedition of the application ­process, contact the Counseling Division Staff of the Bureau of Export Administration (telephone ­202-482-4811) or any Department of Commerce District Office for assistance.

4.. Department of Commerce District Office Locations

TBL GEN 1.4-1

State

City

Alabama

Birmingham

Alaska

Anchorage

Arizona

Phoenix

California

Los Angeles

California

San Francisco

Colorado

Denver

Connecticut

Hartford

Florida

Miami

Georgia

Atlanta

Georgia

Savannah

Hawaii

Honolulu

Illinois

Chicago

Indiana

Indianapolis

Iowa

Des Moines

Louisiana

New Orleans

Maryland

Baltimore

Massachusetts

Boston

Michigan

Detroit

Minnesota

Minneapolis

Missouri

St. Louis

Nebraska

Omaha

Nevada

Reno

New Jersey

Newark

New Mexico

Albuquerque

New York

Buffalo

New York

New York

North Carolina

Greensboro

Ohio

Cincinnati

Ohio

Cleveland

Oregon

Portland

Pennsylvania

Philadelphia

Pennsylvania

Pittsburgh

Puerto Rico

San Juan

South Carolina

Columbia

Tennessee

Memphis

Texas

Dallas

Texas

Houston

Utah

Salt Lake City

Washington

Seattle

West Virginia

Charleston

Wisconsin

Milwaukee

Wyoming

Cheyenne

5.. 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 Treasury, Division of Alcohol, Tobacco and Firearms.
  2. A permit must be obtained from the Alcohol, Tobacco and Firearms Division 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).
  3. A permit must be obtained from the Alcohol, Tobacco and Firearms Division for the importation of firearms ­and ammunition for commercial transactions.
  4. 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.
  5. Any passenger who owns or legally possesses a firearm or ammunition being transported aboard any ­common or contract carrier for movement with the passenger 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.
  6. 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.
  7. Exportation of military type aircraft are regulated by the U.S. Department of State, Office of Munitions ­Control.
  8. A license must be obtained from the Office of Munitions Control, Department of State, for the exportation ­from the U. S. 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, preferable 60, days in advance. A Form ­DSP-63a may also be required from the importing country.
    2. For temporary export, on Form DSP-73. Apply at least 10 days in advance.