Immigration Alert: Change In Requirements For Private Aircraft Arriving And Departing The United States

On November 18, 2008, U.S. Customs and Border Protection (CBP),

in an effort to improve and standardize international and domestic

general aviation security, published new regulations in the Federal

Register that changed the requirements for private aircraft. The

new regulations require advance notice of a private aircraft's

arrival from a foreign country and/or departure to a foreign

country and standardize the collection of travel manifests

documenting all persons on board. The new process outlined in this

rule change is similar to the process currently employed by

commercial aircraft, as CBP seeks to standardize advance notice

procedures for all CBP airports of entry in the United States.

Previously, pilots of private aircraft entering the U.S. from

abroad were required to notify the CBP directly (at the place of

intended arrival) at least 60 minutes prior to arrival,

or, alternatively, by requesting in the "remarks" section

of their Federal Aviation Administration (FAA) flight plan that the

FAA share this information directly with CBP. Some CBP offices also

requested that detailed information about passengers, crew, and the

aircraft itself be faxed in advance to CBP, but this practice was

not in effect at all CBP offices.

The new regulations require pilots (or their designees) to

submit advance notice and passenger/crew manifest information to

the CBP no later than 60 minutes prior to departure from

the foreign airport of origin. This notice is to be provided

through the

Electronic Advance Passenger Information System (eAPIS), an

electronic data interchange system overseen by CBP. CBP now also

requires the pilot (or their designee) to compare the data

contained in the flight manifest with the information on a

Department of Homeland Security approved travel document presented

by each individual seeking to travel on the aircraft. CBP will now

also issue departure authorization to pilots (or their designees)

through the eAPIS system.

In addition...

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