GUIDE FOR PRIVATE FLYERS

TABLE OF CONTENTS

 1. Introduction

 2. The Narcotics Smuggling Threat

 3. Scope and Definitions

 4. Outward Flights

           • Advance Notice of Arrival in Canada and Mexico

           • Exporting Private Aircraft

 5. Inward Flights

           • Providing Notification to Customs

           • Importing a Private Aircraft

           • Special Reporting Requirements-Southern Border, Pacific, Gulf of Mexico, and Atlantic Coastlines

           • Designated Airports

           • Exemption from Special Landing Requirements

           • Entry and Clearance-Cuba

           • International Airports

           • Landing Rights Airports

           • "User-Fee" Airports

           • Other Airports

           • What to Report

           • Short Flights

           • Changing Destination en Route

           • Documentation and Examination on Arrival

           • Registration Certificate Requirements for Border Crossing

           • Personal Exemptions

           • Report of Currency and Other Monetary Instruments

           • Immigration Requirements of Private Aircraft

           • Plant and Animal Quarantines of the Department of Agriculture

           • U.S. Fish and Wildlife Service

           • Repairs to Private Aircraft

           • In case of Emergency

           • Hours of Service

           • User Fees

           • Replacement Decals

           • Commercial Aircraft "User-Fee" Requirements

           • Overtime Charges

           • Penalties for Violations

           • Customs Headquarters

Appendix

           I. List of Airports Where U.S. Customs Service is Normally Available

           II. Customs Regulations:

                     • 19 CFR 122, Subparts A, B, C, D, N, O, and Q

                     • 19 CFR 148, Subpart A

           III. Frequently used Customs forms

U.S. Customs Service Guide for Private Flyers

If you have questions about U.S. Customs entry or reporting procedures, don't guess. Ask

your local Customs officers. Also, ask about possible changes in the list of airports, hours

of operation, etc., that may have occurred since this book was published. Phone numbers,

hours of service, and similar aspects of airport operation do change from time to time. The information in this edition is accurate as of the date of publication, but it may be worth your while to make a quick call before your flight.

INTORDUCTION

Customs 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 Customs requirements and provides a complete list of airports where you can get Customs processing.

Your air travel will be easier if you know Customs regulations and follow them.  The International Flight Information Manual, published by the Federal Aviation Administration, 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 Customs regulations, don’t guess.  Ask your local Customs officer or the Customs officer at the airport where you plan to enter the United States.

THE NARCOTICS SMUGGLING THREAT

The United States Customs Service 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 the Customs Service 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 Customs 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 which 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:

1.      Passenger seats removed from the aircraft.

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

3.      Numerous cardboard boxes, duffle 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's tail number.

4.      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.

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

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

7.      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.

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

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

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

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

12.  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.

13.  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.

14.  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 U.S. Customs. Call either the national 1-800/BE-ALERT number, or else contact the Customs Office of Investigations nearest you. All information will be held in confidence.

If, as a result of your information, the U.S. Customs Service 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.

The Customs Service realizes that the vast majority of private aircraft operators and crew members 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 Customs search, possibly including removing panels or opening compartments.

Ordinarily, when a Customs 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 Customs uniform and will be wearing a Customs badge. This is always the case with Customs inspectors stationed at airports who inspect and clear reported arrivals from, and departures to, foreign countries.

But Customs 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 Customs 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 Customs officers are not in uniform. If a Customs 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 the Customs Service to determine the officer's identity should an investigation be warranted.

Any time a person claiming to be a Customs officer does not clearly and fully identify himself-for example, by being in Customs uniform, by providing his 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 Customs office or the Customs port director with jurisdiction over the location where the incident occurred. This procedure should also be followed when a Customs 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 Customs officer, he should cooperate to the extent necessary to protect his safety and then contact the nearest Customs office or other law enforcement agency. Please be assured that the Customs Service is fully aware that effective enforcement of our laws depends as much upon the cooperation of honest citizens as upon our own enforcement efforts.

NARCOTICS SMUGGLING

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 smuggle by a crew member or by a passenger. These individuals are all subject to criminal prosecution.

SCOPE AND DEFINITIONS

The information in this book applies to private aircraft of both United States and foreign registry. Customs 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 Customs purposes.

When corporate/business aircraft are operating as private aircraft for Customs purposes, the flight crew shall not be treated as crew members (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 U.S. Customs office.

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

The term international airport means any airport that the Secretary of the Treasury or the Commissioner of Customs 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 Customs purposes. If an airport with the word international in its name is not included in the list, it is not an international airport for Customs purposes.

The term landing rights airport means an airport at which permission to land may be granted by a Customs officer with acknowledgment of the Immigration and Naturalization Service, the U.S. Public Health Service, and the Animal and Plant Health Inspection Service of the Department of Agriculture. Such rights are required before an aircraft may land at an airport not designated as an international airport for Customs purposes.

For Customs 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 Customs 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.

OUTWARD FLIGHTS

ADVANCE NOTICE OF ARRIVAL IN CANADA AND MEXICO

Many countries, including Canada and Mexico, require advance notice of pilots' intent to arrive in those countries. Under agreements between the United States, Canada, and Mexico, private plane operators may usually include this advance notice 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 Customs reporting purposes. These aircraft must comply with the clearance requirements for commercial aircraft, which are set forth in Part 122 of the Customs Regulations.

Customs 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 Customs 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 the Customs Service 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.

INWARD FLIGHTS

PROVIDING NOTIFICATION TO CUSTOMS

In order to have a Customs officer present to provide inspectional services for you and your aircraft, you must notify the Customs Service 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 Customs notified. Be aware, however, that the ADCUS procedure involves relaying information and is not as timely or reliable as direct communication (telephone or radio). The Customs Service recommends that, if possible, pilots communicate directly with Customs 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 Customs 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 Customs.

The GATE program (GATE stands for General Aviation Telephonic Entry) was developed by the Customs Service so that qualifying general aviation aircraft can make Customs entry by phone when they are entering the United States directly from Canada. For more information on this program, contact GATE headquarters at 1-800/98-CLEAR (1-800/98-25327) or visit the Customs Service's Web site, www.customs.gov.

IMPORTING A PRIVATE AIRCRAFT

The Customs Service 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

The U.S. Customs Service 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 the Customs Service 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 Customs Service 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 Customs Service 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 Customs 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 Customs directly at least one hour before the inbound crossing of the United States border or coastline.

The notice to Customs 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 Customs 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.

EXEMPTION FROM SPECIAL LANDING REQUIREMENTS

Requests for an exemption from the requirement to land at a designated airport can be made to the U.S. Customs 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 U.S. Customs 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

U.S. Customs 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 the Customs Service 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 the U.S. Customs Service.

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 U.S. Customs 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 crew members whom 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 preapproved by Customs.)

·        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 who 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. The Customs Service 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, Customs should be notified at least 24 hours prior to departure. If this is not possible, Customs 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. Customs 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 Customs Service Headquarters for reconsideration of your request. Send your petition to: U.S. Customs Service, Director of Passenger Programs, 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 an officer of the United States Immigration and Naturalization Service, or to a Customs officer acting as an immigration officer. Neither Customs nor the INS will release any passenger arriving from Cuba by aircraft, nor will the aircraft be cleared or permitted to depart before an immigration officer, or a Customs officer acting on behalf of that agency, has released the passengers.

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 U.S. Customs. However, an advance notice of the estimated time of arrival, in local time, must be transmitted to U.S. Customs 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 Customs officer will receive the notification, not the time the flight plan or message is filed.

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 Customs of intended arrival. The pilot is ultimately responsible for ensuring that Customs is properly notified. At airports that do not provide this service (flight plan notification), notices of arrival must be made directly to U.S. Customs.

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 Customs 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 Customs 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 U.S. Customs.

Customs 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 Customs 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:

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 Customs 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 Customs 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.

¹International Civil Aviation Organization.

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.)

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 Customs 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 Customs to alter the airport of destination may result in penalty action.

DOCUMENTATION AND EXAMINATION ON ARRIVAL

Private aircraft are required to report directly to Customs for inspection immediately upon arrival. A Customs officer or an INS or Department of Agriculture 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 Customs by telephone or most convenient means. He should keep the aircraft, passengers, crew members, baggage, food, and cargo intact and off in a separate place until the inspecting officer arrives or until a Customs 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 (Customs Form 178)--unless the pilot has prepared this document in advance. CF 178, which can be obtained from the Customs Service, 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 Customs baggage declaration (CF 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; Customs 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

The Customs Service does not consider individuals operating a private aircraft to be crew members 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 crew members.

For information on exemptions and the importation of typical tourist items, please consult the Customs Service's brochures Know Before You Go and Visiting the United States: Customs 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 (Customs Form 4790) with U.S. Customs. 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, must report for immigration inspection immediately upon arrival.

With some exceptions, anyone who is not either a U.S. citizen or a permanent resident alien must present a visa upon entering the United States. Visas can only be obtained at American consulates or embassies abroad. Canadian citizens and landed immigrants in Canada who share a common nationality with Canada 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. Most other aliens must present a valid, unexpired passport. 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. Immigration and Naturalization Service office.

Most alien passengers must fill out and present upon arrival the Arrival/Departure Record Form (INS Form 1-94, revised March 1, 1986). Earlier editions may not be used. Form 1-94 must be completed by all persons except United States citizens, returning resident aliens, aliens with immigrant visas, Canadians, and landed immigrants in Canada visiting or in transit who share a common nationality with Canada.

Individuals who enter the United States by private aircraft and who must present form 1-94 should be aware that: (1) block number 7, Airline Flight Number, should indicate "private," (2) block number 9, City Where You Boarded, can be left blank. 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 either a U.S. Immigration officer or a U.S. Customs inspector upon arrival.

Mexican nationals who have a valid Mexican border crossing card (1-186 or 1-586) or a valid passport and nonimmigrant visitor's visa are exempt from presenting Form 1-94 if they remain within 25 miles of the Mexican border and their stay in the United States does not exceed 72 hours. INS form 1-444 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 1-94 reporting requirements.

Aircraft owners are responsible for assuring that all crew and passengers who are affected by the 1-94  reporting requirement have completed and submitted the form properly. Departure documents should be annotated on the reverse side of the 1-94 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 U.S. Immigration officer or U.S. Customs inspector 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 1-94 departure records upon departure to a foreign destination.

Form 1-94 can be purchased from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402, 202.512.1800. Forms and printing specifications are also available through the INS Form 1-94 Support Desk, Affiliated Computer Service, P.O. Box 140, 1084 South Laurel Road, London, KY 40743, 606.878.5204. The forms are available in English and 13 other languages.

PLANT AND ANIMAL QUARANTINES OF THE U.S. DEPARTMENT OF AGRICULTURE

To prevent the introduction into the United States of dangerous agricultural pests, the following are restricted: fruits, vegetables, plants, plant products, soil, meats, meat products, birds, snails, and other live animals or animal products. Failure to declare all such items to a Customs or Department of Agriculture officer can result in fines or other penalties. Agricultural items, whether in baggage, stores, lunches, or garbage must be brought to the inspecting officer's attention. If found on board, prohibited items will be confiscated. Agricultural items should not be brought to the United States from any foreign place unless Agriculture inspectors for the Animal and Plant Health Inspection Service (APHIS) or Customs inspectors have informed you in advance that such items are admissible. Customs will coordinate with APHIS on flights arriving from foreign. APHIS inspectors must clear aircraft departing from Hawaii or Puerto Rico and destined for the continental United States before they depart from these locations. It is the pilot's responsibility to call the APHIS office at the airport of departure and arrange for an inspection.

For further information on this subject, refer to FAA's International Flight Information Manual or contact your local USDA/APHIS office.

U.S. FISH AND WILDLIFE SERVICE

Endangered species of plant and animal wildlife and products made from them may be prohibited, or may require permits or certification by the U.S. Fish and Wildlife Service. If you have any questions regarding the importation of plant or animal wildlife products, please consult the Fish and Wildlife Service before entering the United States.

REPAIRS TO PRIVATE AIRCRAFT

An aircraft belonging to a United States resident, taken abroad for noncommercial purposes, and then returned by the resident will be admitted free of duty once it has been satisfactorily identified. Repairs made abroad to such aircraft must be reported to U.S. Customs, but they are not subject to duty. However, re-importing parts made in the United States may require the operator to follow Customs entry procedures for those parts. If you want to know whether your aircraft parts will require Customs entry, or what paperwork is required for such entry, please contact your nearest Customs office.

IN CASE OF EMERGENCY

If an emergency landing is made in the United States, the pilot should report arrival by telephone or radio to the nearest Customs office as promptly as possible. The pilot should keep all baggage and merchandise together in a separate place and should not allow any passengers or crew members to leave the place of arrival or come into contact with the public without official permission from U.S. Customs to do so, unless such action is necessary to preserve life, health, or property. If a Customs officer is not present upon arrival, the same procedures, just described above, should be followed.

Companies involved in air-ambulance operations may be granted a single overflight exemption for emergency situations as well as for nonemergency transport of individuals seeking medical treatment. Both U.S.- and foreign-registered aircraft are eligible for this special exemption. The applicant must provide all the information normally required for an overflight exemption.

Customs should be notified at least 24 hours prior to departure. If this is not feasible, Customs will allow receipt of the overflight exemption application through an FAA flight service station up to departure time, or in flight if necessary.

HOURS OF SERVICE

Service is normally provided at airports during regular hours--that is, 8 a.m. to 5 p.m. seven days a week, as well as on national holidays. However, tours of duty at airports are based upon the need for services and may be altered to coincide with schedule changes and peak workloads. The normal hours of service can be found in the chapter  List of Airports Where Customs Service is Normally Available. Before departure, private aircraft operators should contact the Customs officer in charge at the United States airport of intended arrival to find out what hours service can be expected. Phone numbers for this purpose will be found in the same chapter. Landing rights and user-fee airports require prior permission from Customs to land.

USER FEES

Private aircraft arriving from foreign areas will be charged a processing fee of $25 each calendar year. You can pay this fee in one of two ways:

ALL PAYMENT INSTRUMENTS MUST BE DRAWN ON A UNITED STATES BANK IN UNITED STATES DOLLARS OR THE PAYMENT AND APPLICATION WILL BE RETURNED.

1. Through the Customs Decal Program Administrator: A private aircraft owner/operator may pay the $25 user fee directly to the U.S. Customs Service Finance Center. The owner/operator must mail a completed form, the Annual User Fee Decal Request-- Aircraft (Customs Form 339-A), with a $25 payment for each conveyance in the form of a check (personal, cashiers, or travelers) or money order made payable to United States Customs Service, to:

IF SENT BY REGULAR MAIL:

            U.S. Customs Service

Decal Program Administrator

P.O. Box 382030

Pittsburgh, PA 15250-8030

IF SENT BY COURIER OR EXPEDITED DELIVERY:

U.S. Customs Service

            ATTN: Decal Program Administrator-382030

            525 William Penn Way

            AIM 153-2630

            Pittsburgh, PA 15259-0001

Upon receiving payment, the administrator of the decal program will issue the decal(s), which will be sent to the applicant as promptly as possible. If you are concerned about receiving the decal(s) before the aircraft’s first arrival in the calendar year, you should try to obtain the decal(s) from your nearest Customs port office. If you are buying more than five decals with your application, you must send the application to the decal program administrator in Pittsburgh, not to your local Customs port office.

Once received, the decal must be placed on the outside of the conveyance, within 18 inches of the normal boarding area, where it is visible when doors or hatches are open.

2. Time of Arrival: If a private aircraft owner/operator does not have a decal, the Customs officer will collect the $25 fee when he or she arrives in the United States. The owner/operator of the private aircraft must complete the Annual User-Fee Decal Request (CF-339) at the time of inspection.

The Customs officer will collect the $25 fee and provide the applicant with the user fee decal and a receipt. If possible, the Customs officer will witness as the applicant affixes the decal to his or her aircraft. if the decal cannot be applied at that time, the Customs officer will give the applicant instructions on where to affix it.

REPLACEMENT DECALS

Lost or stolen decals cannot be replaced. In these cases, a new decal must be purchased. If, however, a decal has been damaged because of painting or repair to the aircraft, it can be replaced. In such cases, the following documents must be submitted:

1.      A copy of the CF 339-A, with the decal number assigned, which was returned to you with your original decal and receipt.

2.      A copy of the paid paint or repair bill, signed by the company that performed the work. The tail number or any tail number changes should be identified on the bill. The name and address of the company that performed the work must appear on the signed invoice or on the letterhead.

3.      A signed statement with a brief explanation of the circumstances that necessitated the repair or repaint, along with a contact name and telephone number.

Questions about decals should be directed to 317.298.1200, extension 1245, Monday through Friday 8:00 a.m. to 5:00 p.m.

COMMERCIAL AIRCRAFT "USER-FEE" REQUIREMENTS

Commercial aircraft operators (e.g., charters, taxis) will collect a $5 fee from each passenger to process each arrival. These fees will be remitted on a quarterly basis to the Customs Service's National Finance Center in Indianapolis.

OVERTIME CHARGES

U.S. Customs will not charge any overtime fees to process private aircraft. Overtime charges (charges for services performed after regular working hours on weekdays) may accrue, however, if an officer from an inspection agency other than Customs provides the service.

For information about the requirements of other federal inspection agencies, and how and when they perform overtime services, contact the agencies listed below:

U.S. Department of Agriculture

4700 River Road

Unit 60

Riverdale, MD 20737

Centers for Disease Control and Prevention E-03

Division of Quarantine

Atlanta, GA 30333

U.S. Immigration and Naturalization Service

Associate Commissioner, Management

425 Eye Street NW

Washington, DC 20536

A Customs bond, executed on Customs Form 301, may be of particular advantage to aircraft owners and operators who travel abroad frequently. Customs recommends that you carry a copy of the bond aboard the aircraft to simplify its verification. For information about Customs bonds, contact your nearest Customs port office.

PENALTIES FOR VIOLATIONS

The Anti-Drug Abuse Act of 1986 has substantially increased civil penalties for violations of Customs regulations. Specifically, penalties have increased from $500 to $5,000 for a first offense and from $1,000 to $10,000 for second offenses. Seizure of aircraft may occur at any time depending upon the circumstances behind the violation.

Since the law provides for substantial penalties for violations of Customs regulations, aircraft operators and pilots should make every effort to comply with them. Examples of the more common violations and resulting penalties include:

Importing contraband, including agricultural materials or undeclared merchandise, can result in seizure of the aircraft and penalty actions that vary according to the nature of the violation and the provision of law violated. In some instances, Customs may issue a notice of violation or warning instead of a penalty. Repeat violators, however, can expect penalties.

If a penalty is incurred and you believe there are mitigating circumstances that should be considered, you may petition Customs for a reduction in the penalty amount or for cancellation. If the grounds for relief are determined to be justified, the penalty may be reduced or canceled. The initial request should be made to the Customs port director responsible for the airport where the penalty was issued. If this course of action has been pursued and found unsatisfactory, and a desire to petition for further relief still exists, you may appeal to the Director of Passenger Programs at Customs Headquarters.

CUSTOMS HEADQUARTERS

When writing to Customs Headquarters, address all correspondence to:

Commissioner of Customs

1300 Pennsylvania Avenue NW

Washington, DC 20229

• For operational questions, add:

            ATTN: Passenger Programs Division

• For legal questions, add:

            ATTN: Office of Regulations and Rulings

I. List of Airports where Customs Service is normally available

Information in this section is provided in the following order:

1. State

                        a. City

                        b. Airport name

            2. ICAO airport code

            3. Customs airport type*

            4. Phone numbers

            5. Regular days and hours of operation

            6. Number of hours notice required

                        a. During regular operating hours and

                        b. After regular hours

            7. Maximum number of passengers per flight

            8. Remarks and special requirements to obtain weekend/holiday service.

If the arrival is to be after hours, notice of intended arrival should be given before the end of service on a regular business day. The regular business days and hours are listed with each airport. Pilots, however, should note that not all ports offer after-hours service, nor do all ports have regular business hours. For after-hour emergencies-and we really do mean emergencies-you may call the Customs Service's Sector Communications Command at 1.800.973.2867.

Private aircraft operators should, prior to departure, contact the Customs officer in charge at the U.S. airport of intended arrival to find out what hours service may be obtained. Phone numbers for this purpose are included in the following list.

*Customs airport types:

D = Designated

I = International

L = Landing Rights

U = User Fee

(AIRPORT TABLE)

II. PART 122: AIR COMMERCE REGULATIONS

122.0 SCOPE

The regulations in this part relate to the entry and clearance of aircraft, and the transportation of persons and cargo by aircraft, and are applicable to all air commerce. They do not apply to Guam, Midway, American Samoa, Wake, Kingman Reef, Johnston Island, and other insular possessions of the U.S. not specified herein. They do apply to the U.S. Virgin Islands as stated in Subpart N (122.141 through 122.144), and Cuba as stated in Subpart 0 (122.151 through 122.158).

SUBPART A: GENERAL DEFINITIONS AND PROVISIONS

122.1 GENERAL DEFINITIONS

The following definitions apply in this part, unless otherwise stated:

(a) Aircraft. An aircraft is any device now known, or hereafter invented, used or designed for navigation or flight in the air. It does not include hovercraft.

(b) Aircraft commander. An aircraft commander is any person serving on an aircraft who is in charge or has command of its operation and navigation.

(c) Agent. An agent is any person who is authorized to act for or in place of:

          (1) An owner or operator of a scheduled airline by written authority; or

          (2) An owner or operator of a non-scheduled airline, by power of attorney.

The authority to act shall be in writing and satisfactory to the port director.

(d) Commercial aircraft. A commercial aircraft is any aircraft transporting passengers and/or cargo for some payment or other consideration, including money or services rendered.

(e) International airport. An international airport is any airport designated by:

          (1) The Secretary of the Treasury or the Commissioner of Customs as a port of entry for aircraft arriving in the U.S. from any place outside thereof and for the merchandise carried on such aircraft;

          (2) The Attorney General as a port of entry for aliens arriving on such aircraft; and

          (3) The Secretary of Health and Human Services as a place for quarantine inspection.

(f) Landing rights airport. A landing rights airport is any airport, other than an international airport or user fee airport, at which flights from a foreign area are given permission by Customs to land.

(g) Preclearance. Preclearance is the examination and inspection of air travelers and their baggage, at the request of an airline, at foreign places where Customs personnel are stationed for that purpose. Preclearance may be used only for air travelers and their baggage, not for merchandise.

(h) Private aircraft. A private aircraft is any aircraft engaged in a personal or business flight to or from the U.S. which is not:

          (1) Carrying passengers and/or cargo for commercial purposes;

          (2) Leaving the U.S. carrying neither passengers nor cargo in order to lade passengers and/or cargo in a foreign area for commercial purposes; or

          (3) Returning to the U.S. carrying neither passengers nor cargo in ballast after leaving with passengers and/or cargo for commercial purposes.

(i) Public aircraft. A public aircraft is any aircraft owned by, or under the complete control and management of the U.S. government or any of its agencies, or any aircraft owned by or under the complete control and management of any foreign government which exempts public aircraft of the U.S. from arrival, entry and clearance requirements similar to those provided in Subpart C of this part, but not including any government-owned aircraft engaged in carrying persons or property for commercial purposes. This definition applies if the aircraft is:

          (1) Manned entirely by members of the armed forces or civil service of such government, or by both;

          (2) Transporting only property of such government, or passengers traveling on official business of such government; or

          (3) Carrying neither passengers nor cargo.

(j) Residue cargo. Residue cargo is any cargo on board an aircraft arriving in the U.S. from a foreign area if the:

          (1) Final delivery airport in the U.S. is not the port of arrival; or

          (2) Cargo remains on board the aircraft and travels from port to port in the U.S. for final delivery in a foreign area.

(k) Scheduled airline. A scheduled airline is any individual, partnership, corporation or association:

          (1) Engaged in air transportation under regular schedules to, over, away from, or within the U.S.; and

          (2) Holding a Foreign Air Carrier Permit or a Certificate of Public Convenience and Necessity, issued by the Department of Transportation pursuant to 14 CFR parts 201 and 213.

(l) United States. Except when used in another context, U.S. means the territory of the several States, the District of Columbia, and Puerto Rico, including the territorial waters and overlying airspace.

(m) User fee airport. A user fee airport is an airport so designated by Customs. Flights from a foreign area may be granted permission to land at a user fee airport rather than at an international airport or a landing rights airport. An informational listing of user fee airports is contained in 122.15.

[T.D. 88-12, 53 FR 9292, Mar. 22, 1988, as amended by T.D. 88-16, 53 FR 10371, Mar. 31, 1988; T.D. 92-90, 57 FR 43397, Sept. 21, 1992; T.D. 93-66, 58 FR 44130, Aug. 19, 1993]

122.2 OTHER CUSTOMS LAWS AND REGULATIONS

Except as otherwise provided for in this chapter, and insofar as such laws and regulations are applicable, aircraft arriving or having arrived from or departing for any foreign port or place, and the persons and merchandise, including baggage, carried thereon, shall be subject to the laws and regulations applicable to vessels to the extent that such laws and regulations are administered or enforced by Customs, as provided in 49 U.S.C. App. 1509(c).

122.3 AVAILABILITY OF FORMS

The forms mentioned in this part may be purchased from the port director at a port of entry. A small quantity of each form is set aside by port directors for free distribution and official use.

122.4 ENGLISH LANGUAGE REQUIRED

A translation in the English language shall be attached to the original and each copy of any form or document written or printed in a foreign language.

122.5 REPRODUCTION OF CUSTOMS FORMS

(a) Specifications. Subject to approval by Customs, the forms mentioned in this part may be printed by private parties if the specified size, wording arrangement, style and size of type, and quality of paper are used.

(b) Exceptions. Port directors may accept privately printed copies of the General Declaration (Customs Form 7507) and air cargo manifest (Customs Form 7509) which are different from the official forms. The privately printed forms shall include all information required on the official forms. The differences allowed are:

          (1) General Declaration. Customs Form 7507 may be printed in several languages, so long as the form includes an English version. The instructions on the reverse side of the official form may be omitted.

          (2) Air cargo manifest. Customs Form 7509 may be changed to allow for additional information used by the airline.

SUBPART B: CLASSES OF AIRPORTS

122.11 DESIGNATION AS INTERNATIONAL AIRPORT

(a) Procedure. International airports, as defined in 122.1(e), will be designated after due investigation to establish that sufficient need exists in any particular port or area to justify such designation and to determine the airport best suited for such purpose. In each case, a specific airport will be chosen, rather than a general area or district. International airports will be publicly owned, unless circumstances require otherwise.

(b) Withdrawal of designation. The designation as an international airport may be withdrawn for any of the following reasons:

          (1) The amount of business clearing through the airport does not justify maintenance of inspection equipment and personnel;

          (2) Proper facilities are not provided or maintained by the airport;

          (3) The rules and regulations of the Federal Government are not followed; or

          (4) Some other location would be more useful.

(c) Providing office space to the Federal Government. Each international airport shall provide, without cost to the Federal Government, proper office and other space for the sole use of Federal officials working at the airport. A suitable paved loading area shall be supplied by each airport at a place convenient to the office space. The loading area shall be kept for the use of aircraft entering or clearing through the airport.

122.12 OPERATION OF INTERNATIONAL AIRPORTS

(a) Entry, clearance and charges. International airports are open to all aircraft for entry and clearance at no charge by Customs. However, charges may be assessed by the airport for commercial or private use of the airport.

(b) Servicing of aircraft. When an aircraft enters or clears through an international airport, it shall be promptly serviced by airport personnel solely on the basis of order of arrival or readiness for departure. Servicing charges imposed by the airport operators shall not be greater than the schedule of charges in effect at the airport in question.

(c) Federal Aviation Administration rules. International airports shall follow and enforce any requirements for airport operations, including airport rules, that are set out by the Federal Aviation Administration in 14 CFR part 91.

(d) Additional requirements. Additional requirements may be put into effect at a particular airport as the needs of the Customs port served by the airport demand.

SUBPART C: PRIVATE AIRCRAFT

122.21 APPLICATION

This subpart applies to all private aircraft as defined in 122.1(h). No other provisions of this part apply to private aircraft except where stated in this Subpart.

122.22 NOTICE OF ARRIVAL

When arriving in the U.S. from a foreign area, all private aircraft not covered by 122.23 shall give advance notice of arrival as required in 122.31.

122.23 PRIVATE AIRCRAFT ARRIVING FROM AREAS SOUTH OF THE U.S.

(a) Definitions.

          (1) For the purpose of this section, private aircraft means all aircraft except:

                    (i) Public aircraft;

                    (ii) Those aircraft operated on a regularly published schedule, pursuant to a certificate of public convenience and necessity or foreign aircraft permit issued by the Department of Transportation, authorizing interstate, overseas air transportation; and

                    (iii) Those aircraft with a seating capacity of more than 30 passengers or a maximum payload capacity of more than 7,500 pounds which are engaged in air transportation for compensation or hire on demand. (See 49 U.S.C. App. 1372 and 14 CFR part 298).

          (2) The term place as used in this section means anywhere outside of the inner boundary of the Atlantic (Coastal) Air Defense Identification Zone (ADIZ) south of 30 degrees north latitude, anywhere outside of the inner boundary of the Gulf of Mexico (Coastal) ADIZ, or anywhere outside of the inner boundary of the Pacific (Coastal) ADIZ south of 33 degrees north latitude.

(b) Advance report of penetration of U.S. airspace. All private aircraft arriving in the Continental U.S. via the U.S./Mexican border or the Pacific Coast from a foreign place in the Western Hemisphere south of 33 degrees north latitude, or from the Gulf of Mexico and Atlantic Coasts from a place in the Western Hemisphere south of 30 degrees north latitude, from any place in Mexico, from the U.S. Virgin Islands, or (notwithstanding the definition of United States in 122.1(1)) from Puerto Rico, (which if from Puerto Rico, are conducting flight under visual flight rules (VFR)), shall furnish a notice of intended arrival to Customs at the nearest designated airport to point of crossing listed in 122.24(b), for the first landing in the U.S. The notice must be furnished at least 1 hour before crossing the U.S. coastline or border. The notice may be furnished directly to Customs by telephone, radio, or other means, or may be furnished through the Federal Aviation Administration to Customs. The requirement to furnish a notice of intended arrival shall not apply to private aircraft departing from Puerto Rico and conducting flight under instrument flight rules (IFR) until crossing the U.S. coastline or proceeding north of 30 degrees north latitude.

(c) Contents of notice. The advance notice of arrival shall include the following:

          (1) Aircraft registration number;

          (2) Name of aircraft commander;

          (3) Number of U.S. citizen passengers;

          (4) Number of alien passengers;

          (5) Place of last departure;

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

          (7) Estimated time of arrival;

          (8) Name of intended U.S. airport of first landing, as listed in 122.24, unless an exemption has been granted under 122.25, or the aircraft has not landed in foreign territory or is arriving directly from Puerto Rico, or the aircraft was inspected by Customs officers in the U.S. Virgin Islands.

122.24 LANDING REQUIREMENTS

(a) In general. Private aircraft arriving in the U.S. from a foreign area shall follow the landing requirements set out in 122.23 and 122.36.

(b) Special requirements. Private aircraft required to furnish a notice of intended arrival in compliance with 122.23 shall land for Customs processing at the nearest designated airport to the border or coastline crossing point as listed in this paragraph unless exempted from this requirement in accordance with 122.25. In addition to the requirements of this section, private aircraft commanders must comply with all other landing and notice of arrival requirements. This requirement shall not apply to private aircraft which have not landed in foreign territory or are arriving directly from Puerto Rico or if the aircraft was inspected by Customs officers in the U.S. Virgin Islands.

[T.D. 88-12, 53 FR 9292, Mar. 22,1988, as amended by 89-2, Dec. 21, 1988; T.D. 89-2, 53 FR 51272, Dec. 21, 1988; T.D. 89-44, 54 FR 14214, Apr. 10, 1989; T.D. 93-67, 58 FR 44444, Aug. 23, 1993; T.D. 94-34, 59 FR 16122, Apr. 6, 1994; T.D. 97-35, 62 FR 24815, May 7,1997]

122.25 EXEMPTION FROM SPECIAL LANDING REQUIREMENTS

(a) Request. Any company or individual that has operational control over an aircraft required to give advance notice of arrival under 122.23 may request an exemption from the landing requirements in 122.24. Single overflight exemptions may be granted to entities involved in air ambulance type operations when emergency situations arise and in cases involving the non-emergency transport of persons seeking medical treatment in the U.S. All approvals of requests for overflight exemptions and the granting of authority to be exempted from the landing requirements are at the discretion of the port director. Exemptions may allow aircraft to land at any airport in the U.S. staffed by Customs. Aircraft traveling under an exemption shall continue to follow advance notice and general landing rights requirements.

(b) Procedure. An exemption request shall be made to the port director at the airport at which the majority of Customs overflight processing is desired by the applicant. Except for air ambulance operations and other flights involving the non-emergency transport of persons seeking medical treatment in the U.S., the requests shall be signed by an officer of the company or by the requesting individual and be notarized or witnessed by a Customs officer. The requests shall be submitted:

            (1) At least 30 days before the anticipated first arrival, if the request is for an exemption covering a number of flights over a period of one year, or

            (2) At least 15 days before the anticipated arrival, if the request is for a single flight, or

            (3) In cases involving air ambulance operations when emergency situations arise and other flights involving the non-emergency transport of persons seeking medical treatment in the U.S., if time permits, at least 24 hours prior to departure. If this cannot be accomplished, Customs will allow receipt of the overflight exemption application up to departure time. In cases of extreme medical emergency, Customs will accept overflight exemption requests in flight through a Federal Aviation Administration Flight Service Station.

(c) Content of request. All requests for exemption from special landing requirements, with the exception of those for air ambulance operations and other flights involving the non-emergency transport of persons seeking medical treatment in the U.S., shall include the following information. Requests for exemptions for air ambulance operations and other flights involving the non-emergency transport of persons for medical treatment in the U.S. shall include the following information except for paragraphs (c)(5) and (c)(6) of this section:

            (1) Aircraft registration number(s) and manufacturer's serial number(s) for all aircraft owned or operated by the applicant that will be utilizing the overflight exemption;

            (2) Identification information for each aircraft including class, manufacturer, type, number, color scheme, and type of engine (e.g., turbojet, turbofan, turboprop, reciprocating, helicopter, etc.);

            (3) A statement that the aircraft is equipped with a functioning mode C (altitude reporting) transponder which will be in use during overflight, that the overflights will be made in accord with instrument flight rules (IFR), and that the overflights will be made at altitudes above 12,500 feet mean sea level (unless otherwise instructed by Federal Aviation Administration controllers);

            (4) Name and address of the applicant operating the aircraft, if the applicant is a business entity, the address of the headquarters of the business (include state of incorporation if applicable), and the names, addresses, Social Security numbers (if available), and dates of birth of the company officer or individual signing the application. If the aircraft is operated under a lease, include the name, address, Social Security number (if available), and date of birth of the owner if an individual, or the address of the headquarters of the business (include state of incorporation if applicable), and the names, addresses, Social Security numbers, and dates of birth of the officers of the business;

            (5) Individual, signed applications from each usual or anticipated pilot or crew member for all aircraft for  which an overflight exemption is sought stating name, address, Social Security number (if available), Federal Aviation Administration certificate number (if applicable), and place and date of birth;

            (6) A statement from the individual signing the application that the pilot(s) and crew member(s) responding to paragraph (c)(5) of this section are those intended to conduct overflights, and that to the best of the individual's knowledge, the information supplied in response to paragraph (c)(5) of this section is accurate;

            (7) Names, addresses, Social Security numbers (if applicable), and dates of birth for all usual or anticipated passengers. An approved passenger must be on board to utilize the overflight exemptions.

Note: Where the Social Security number is requested, furnishing of the SSN is voluntary. The authority to collect the SSN is 19 U.S.C. 66, 1433, 1459 and 1624. The primary purpose for requesting the SSN is to assist in ascertaining the identity of the individual so as to assure that only law-abiding persons will be granted permission to land at interior airports in the U.S. without first landing at one of the airports designated in 122.24. The SSN will be made available to Customs personnel on a need-to-know basis. Failure to provide the SSN may result in a delay in processing of the application;

(8) Description of the usual or anticipated baggage or cargo if known, or the actual baggage or cargo;

            (9) Description of the applicant's usual business activity;

            (10) Name(s) of the airport(s) of intended first landing in the U.S. Actual overflights will only be permitted to specific approved airports;

            (11) Foreign place or places from which flight(s) will usually originate; and

            (12) Reasons for request for overflight exemption.

(d) Procedure following exemption.

            (1) If a private aircraft is granted an exemption from the landing requirements as provided in this section, the aircraft commander shall notify Customs at least 60 minutes before:

                        (i) Crossing into the U.S. over a point on the Pacific Coast north of 33 degrees north latitude; or

                        (ii) Crossing into the U.S. over a point of the Gulf of Mexico or Atlantic Coast north of 30 degrees north latitude; or

                        (iii) Crossing into the U.S. over the Southwestern land border (defined as the U.S.-Mexican border between Brownsville, Texas, and San Diego, California). Southwestern land border crossings must be made while flying in Federal Aviation Administration published airways.

            (2) The notice shall be given to a designated airport specified in 122.24. The notice may be furnished directly to Customs by telephone, radio or other means, or may be furnished through the Federal Aviation Administration to Customs. If notice is furnished pursuant to this paragraph, notice pursuant to 122.23 and 122.24 is unnecessary.

            (3) All overflights must be conducted pursuant to an instrument flight plan filed with the Federal Aviation Administration or equivalent foreign aviation authority prior to the commencement of the overflight.

            (4) The owner or aircraft commander of a private aircraft granted an exemption from the landing requirements must:

                        (i) Notify Customs of a change of Federal Aviation Administration or other (foreign) registration number for the aircraft;

                        (ii) Notify Customs of the sale, theft, modification or destruction of the aircraft;

                        (iii) Notify Customs of changes of usual or anticipated pilots or crewmembers as specified in paragraph (c)(5) of this section. Every pilot and crewmember participating in an overflight must have prior Customs approval either through initial application and approval, or through a supplemental application submitted by the new pilot or crewmember and approved by Customs before commencement of the pilot's or crewmember's first overflight.

                        (iv) Request permission from Customs to conduct an overflight to an airport not listed in the initial overflight application as specified in paragraph (c)(10) of this section. The request must be directed to the port director who approved the initial request for an overflight exemption.

                        (v) Retain copies of the initial request for an overflight exemption, all supplemental applications from pilots or crewmembers, and all requests for additional landing privileges as well as a copy of the letter from Customs approving each of these requests. The copies must be carried on board any aircraft during the conduct of an overflight.

(5) The notification specified in paragraph (d)(4) of this section must be given to Customs within 5 working days of the change, sale, theft, modification, or destruction, or before a flight for which there is an exemption, whichever occurs earlier.

(e) Inspection of aircraft having or requesting overflight exemption. Applicants for overflight exemptions must agree to make the subject aircraft available for inspection by Customs to determine if the aircraft is capable of meeting Customs requirements for the proper conduct of an overflight. Inspections may be conducted during the review of an initial application or at any time during the term of an overflight exemption.

[T.D. 89-24, 53 FR 5429, Feb. 3, 1989, as amended by T.D. 89-24, 53 FR 6884 and 6988, Feb. 15, 1989]

122.26 ENTRY AND CLEARANCE

Private aircraft, as defined in 122.1(h), are not required to formally enter or to obtain formal clearance upon departure. However, entry and clearance requirements do apply to air charter and air taxi operators.

122.27 DOCUMENTS REQUIRED

(a) Crewmembers and passengers. Crewmembers and passengers on a private aircraft arriving in the U.S. shall make baggage declarations as set forth in part 148 of this chapter. An oral declaration of articles acquired in foreign areas shall be made, unless a written declaration on Customs Form 6059-B is found necessary by inspecting officers.

(b) Cargo.

            (1) On arrival, cargo and unaccompanied baggage not carried for hire aboard a private aircraft may be listed on a baggage declaration on Customs Form 6059-B, and shall be entered. If the cargo or unaccompanied baggage is not listed on a baggage declaration, it shall be entered in the same manner as cargo carried for hire into the U.S.

            (2) On departure, when a private aircraft leaves the U.S. carrying cargo not for hire, the Bureau of Census (15 CFR part 30) and the Export Administration (15 CFR parts 368 through 399) regulations and any other applicable export laws shall be followed. A foreign landing certificate or certified copy of a foreign customs entry is required as proof of exportation if the cargo includes:

                        (i) Merchandise valued at more than $500.00; or

                        (ii) More than one case of alcoholic beverages withdrawn from a Customs bonded warehouse or otherwise in bond for direct exportation by private aircraft.

A foreign landing certificate, when required, shall be produced within six months from the date of exportation and shall be signed by a revenue officer of the foreign country to which the merchandise is exported, unless it is shown that the country has no Customs administration, in which case the certificate may be signed by the consignee or by the vessel's agent at the place of landing.

(c) Pilot certificate/license, certificate of registration.

            (1) Pilot certificate/license. 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 Customs officer.

            (2) Certificate of registration. 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 Customs 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.

[T.D. 88-12, 53 FR 9292, Mar. 22, 1988, as amended by T.D. 91-61, 56 FR 32086, July 15, 1991]

122.28 PRIVATE AIRCRAFT TAKEN ABROAD BY U.S. RESIDENTS

An aircraft belonging to a resident of the U.S. which is taken to a foreign area for non-commercial purposes and then returned to the U.S. by the resident shall be admitted under the conditions and procedures set forth in 148.32 of this chapter. Repairs made abroad, and accessories purchased abroad shall be included in the baggage declaration as required by 148.32(c), and may be subject to entry and payment of duty as provided in 148.32.

122.29 ARRIVAL FEE AND OVERTIME SERVICES

Private aircraft may be subject to the payment of an arrival fee for services provided as set forth in 24.22 of this chapter. For the procedures to be followed in requesting overtime services in connection with the arrival of private aircraft, see 24.16 of this chapter.

[T.D. 93-85, 58 FR 54286, Oct. 21, 1993]

122.30 OTHER CUSTOMS LAWS AND REGULATIONS

Sections 122.2 and 122.161 apply to private aircraft.

SUBPART D: LANDING REQUIREMENTS

122.31 NOTICE OF ARRIVAL

(a) Application. Except as provided in paragraph (b) of this section, all aircraft entering the U.S. from a foreign area shall give advance notice of arrival. When a private aircraft, as defined in 122.23(a) of this part, enters the U.S. from a foreign area in the Western hemisphere south of the U.S., advance notice shall be given as provided in 122.23. Aircraft arriving from Cuba shall follow the procedures set forth in Subpart 0 of this part.

(b) Exceptions for scheduled aircraft of a scheduled airline. Advance notice is not required for aircraft of a scheduled airline arriving under a regular schedule. The regular schedule shall have been filed with the port director for the airport in which the first landing is made.

(c) Giving notice of arrival.

            (1) Procedure. The commander of an aircraft covered by this section shall give the advance notice of arrival. Notice shall be given to the port director at or nearest the place of first landing, either:

                        (i) Directly by radio, telephone, or other method; or

                        (ii) Through Federal Aviation Administration flight notification procedure (see International Flight Information Manual, Federal Aviation Administration).

            (2) Reliable facilities. When reliable means for giving notice are not available (for example, when departure is from a remote place) a landing shall be made at a place where notice can be sent prior to coming into the U.S.

(d) Contents of notice. The advance notice of arrival shall include the following information:

            (1) Type of aircraft and registration number;

            (2) Name of aircraft commander;

            (3) Place of last foreign departure;

            (4) International airport of intended landing or other place at which landing has been authorized by Customs;

            (5) Number of alien passengers;

            (6) Number of citizen passengers; and

            (7) Estimated time of arrival.

(e) Time of notice. Notice of arrival shall be furnished far enough in advance to allow inspecting officers to reach the place of first landing of the aircraft.

(f) Notice of other Federal agencies. When advance notice is received, the port director shall inform any other concerned Federal agency.

[T.D. 88-12, 53 FR 9292, Mar. 22, 1998, as amended by T.D. 95-77, 60 FR 50020, Sept. 27, 1995]

122.32 AIRCRAFT REQUIRED TO LAND

Any aircraft coming into the U.S., including Puerto Rico, from an area outside the U.S., is required to land, unless exempted by the Federal Aviation Administration.

122.33 PLACE OF FIRST LANDING

(a) The first landing of an aircraft entering the U.S. from a foreign area shall be:

            (1) At a designated international airport (see 122.13);

            (2) At a landing rights airport if permission to land has been granted (see 122.14); or

            (3) At a designated user fee airport if permission to land has been granted (see 122.15).

(b) Permission to land at a landing rights airport or user fee airport is not required for an emergency or forced landing (see 122.35).

[T.D. 92-90, 57 FR 43397, Sept. 21, 1992]

122.35 EMERGENCY OR FORCED LANDING

(a) Application. This section applies to emergency or forced landings made by aircraft when necessary for safety or the preservation of life or health, when such aircraft are:

            (1) Traveling from airport to airport in the U.S. under a permit to proceed (see 122.52, 122.54 and 122.83(d)), or a Customs Form 7509 (see 122.113); or

            (2) Coming into the U.S. from a foreign area.

(b) Notice. When an emergency or forced landing is made, notice shall be given:

(1) To the Customs Service at the intended place of first landing, nearest international airport, or nearest port entry, as soon as possible;

(2) By the aircraft commander, other person in charge, or aircraft owner, who shall make a full report of the flight and the emergency or forced landing.

(c) Passengers and crewmembers. The aircraft commander or other person in charge shall keep all passengers and crewmembers in a separate place at the landing area until Customs officers arrive. Passengers and crewmembers may be removed if necessary for safety, or for the purpose of contacting Customs.

(d) Merchandise and baggage. The aircraft commander or other person in charge shall keep all merchandise and baggage together and unopened at the landing area until Customs officers arrive. The merchandise and baggage may be removed for safety or to protect property.

(e) Mail. Mail may be removed from the aircraft, but shall be delivered at once to an officer or employee of the Postal Service.

122.36 RESPONSIBILITY OF AIRCRAFT COMMANDER

If an aircraft lands in the U.S. and Customs officers have not arrived, the aircraft commander shall hold the aircraft, and any merchandise or baggage on the aircraft for inspection. Passengers and crewmembers shall be kept in a separate place until Customs officers authorize their departure.

122.37 PRECLEARED AIRCRAFT

(a) Application. This section applies when aircraft carrying crew, passengers and baggage, or merchandise which has been precleared pursuant to 148.22 of this chapter at a location listed in 101.5 of this chapter and makes an unscheduled or unintended landing at an airport in the U.S.

(b) Notice. The aircraft commander or agent shall give written notice to the Customs office at:

(1) The intended place of unlading; and

(2) The place of preclearance.

(c) Time of notice. Notice shall be given within 7 days of the unscheduled or unintended landing unless other arrangements have been made in advance between the carrier and the port director.

122.38 PERMIT AND SPECIAL LICENSE TO UNLADE AND LADE

(a) Applicability. Before any passengers, baggage, or merchandise may be unladen or laden aboard on arrival or departure of an aircraft subject to these regulations, a permit and/or special license to unlade or lade shall be obtained from Customs.

(1) Permit to unlade or lade. A permit is required to obtain Customs supervision of unlading and lading during official Customs duty hours.

(2) Special license to unlade or lade. A special license is required to obtain Customs supervision of unlading and lading at any time not within official Customs duty hours (generally, during overtime hours, Sundays or holidays).

(b) Authorization required. A permit or special license shall be required for each arrival and departure unless a term permit or special license has been granted. No permit or special license shall be issued unless the carrier complies with the terminal facilities and employee list requirements of 4.30 of this chapter.

(c) Term permit or special license. A term permit or special license may be issued covering all arrivals and departures during a period of up to one year, providing local arrangements have been made to notify Customs before services are needed. The notice shall specify the kinds of services requested, and the exact times they will be needed. No term permit or special license shall be issued, and any term permit or special license already issued shall be revoked, unless the carrier complies with the terminal facilities and employee list requirements of 4.30 of this chapter.

(d) Procedures. The application for a permit and special license to unlade or lade shall be made by the owner, operator, or agent for an aircraft on Customs Form 3171, and shall be submitted to the port director for the airport in which the unlading and lading will take place. The application shall be accompanied by a bond on Customs Form 301, containing the bond conditions set forth in Subpart G of part 113 of this chapter, or a cash deposit, unless this requirement is waived under paragraph (e) of this section.

(e) Waiver of bond. To insure prompt and orderly clearance of the aircraft, passengers, baggage, or merchandise, the port director may waive the requirement under paragraph (d) of this section that either a bond or a cash deposit be made, if he is convinced the revenue is protected and that all Customs requirements are satisfied.

(f) Automatic renewal of term permit or special license. Automatic renewal of a term permit or special license may be requested by the owner, operator, or agent for an aircraft when a bond on Customs Form 301 containing the appropriate bond conditions set forth in Subpart G of part 113 of this chapter is on file. The request shall be for successive annual periods which conform to the automatic renewal periods of the bond. An application will be approved by the port director unless specific reasons exist for denial. If a request for automatic renewal is not approved, the port director shall notify the requester, and shall state the reasons for the denial. To apply for automatic renewal, item 10 on Customs Form 3171 shall be changed by adding the following words after the period of time indicated: And automatic annual renewal thereof for so long as the bond is renewed and remains in effect.

[T.D. 88-12, 53 FR 9292, Mar. 22, 1988, as amended by T.D. 94-2, 58 FR 68526, Dec. 28, 1993]

SUBPART N: FLIGHTS TO AND FROM THE U.S. VIRIGIN ISLANDS

122.141 DEFINITIONS

Under Subpart N, the following definitions apply:

(a) United States. The term U.S. includes the several States, the District of Columbia and Puerto Rico.

(b) Foreign area. The term foreign area means any area other than the several States, the District of Columbia and Puerto Rico.

122.142 FLIGHTS BETWEEN THE U.S. VIRGIN ISLANDS AND A FOREIGN AREA

(a) Aircraft arriving in the U.S. Virgin Islands. Aircraft arriving in the U.S. Virgin Islands from a place other than the U.S. are governed by the provisions of this part which apply to aircraft arriving in the U.S. from a foreign area.

(b) Aircraft leaving the U.S. Virgin Islands. Aircraft leaving the U.S. Virgin Islands for a place other than the U.S. are governed by the provisions of this part that apply to aircraft leaving the U.S. for a foreign area.

122.143 FLIGHTS FROM THE U.S. TO THE U.S. VIRGIN ISLANDS.

(a) In general. Aircraft on flights from the U.S. to the U.S. Virgin Islands are governed by the provisions of this part that apply to aircraft on a flight within the U.S.

(b) Bureau of the Census. When Bureau of the Census regulations (15 CFR part 30) apply to aircraft carrying merchandise to the U.S. Virgin Islands from the U.S., permission to depart must be obtained from the port director. Permission to depart shall not be given unless:

(1) A complete manifest and Shipper's Export Declarations as required by 15 CFR part 30 are filed; or

(2) An incomplete manifest under 15 CFR 30.24 is filed and the complete manifest and Shipper's Export Declarations are filed within 7 business days after departure.

122.144 FLIGHTS FROM THE U.S. VIRGIN 1SLANDS TO THE U.S.

(a) Aircraft not inspected. This paragraph applies to aircraft departing from the U.S. Virgin Islands and arriving in the U.S., without having been inspected prior to departure.

(1) On departure. Aircraft leaving the U.S. Virgin Islands for the U.S. are governed by the provisions of this part that apply to aircraft leaving the U.S. for a foreign area.

(2) On arrival. Aircraft departing from the U.S. Virgin Islands and arriving in the U.S. are governed by the provisions of this part that apply to aircraft arriving in the U.S. from a foreign area.

(b) Supervision. When aircraft are inspected by Customs in the U.S. Virgin Islands, the port director may order any supervision found necessary to protect the revenue  and enforce the laws administered by Customs. This includes the collection of duty and taxes on articles bought in the U.S. Virgin Islands.

(c) Procedure. When an aircraft that was inspected in the U.S. Virgin Islands arrives in the U.S. from the U.S. Virgin Islands, the aircraft commander must be able to give evidence of the inspection to Customs on request. Evidence of the inspection shall be given in the following manner:

(1) A certificate on Customs Form 7507 shall be presented for aircraft registered in the U.S.:

(i) Of domestic origin; or

(ii) Of foreign origin, if duty has been paid and the aircraft is proceeding carrying neither passengers nor cargo, or with cargo and/or passengers solely from the U.S. Virgin Islands.

Two copies of the certificate shall be given to the inspecting Customs officers, in the U.S. Virgin Islands by the aircraft commander. The certificate shall be marked with the port and date of inspection, and must be signed by the inspecting officer. The original of the certificate must be returned to the aircraft commander, who must keep the certificate for a reasonable time after the end of the flight to the U.S. If requested, the certificate shall be presented to Customs. The certificate may be destroyed or disposed of after a reasonable time at the discretion of the aircraft commander or agent.

(2) A permit to proceed on Customs Form 7507 shall be presented for aircraft registered in the U.S. which are:

(i) Of foreign origin;

(ii) Not duty paid; and

(iii) Proceeding carrying neither passengers nor cargo.

The permit to proceed, as required by Subpart F of this part, shall be marked with the port and date of inspection, and shall be signed by the inspecting officer in the U.S. Virgin Islands.

(3) A permit to proceed on Customs Form 7507 shall be presented for aircraft registered in a foreign country and proceeding carrying neither passengers nor cargo. The permit to proceed, as required under Subpart F of this part, shall be marked with the port and date of inspection, and shall be signed by the inspecting officer in the U.S. Virgin Islands.

(4) A permit to proceed, or other document, shall be filed as required under Subpart I of this part for an aircraft carrying residue cargo and/or passengers. The permit to proceed shall be marked with the port and date of inspection, and it must be signed by the inspecting officer in the U.S. Virgin Islands.

SUBPART O: FLIGHTS TO AND FROM CUBA

122.151 DEFINITIONS

Under this Subpart, the following definitions apply:

(a) United States. The term U.S. includes the several States, the District of Columbia, the U.S. Virgin Islands, and Puerto Rico.

(b) Cuba. The term Cuba does not include the Guantanamo Bay Naval Station.

122.152 APPLICATION

This subpart applies to all aircraft entering or departing the U.S. to or from Cuba except public aircraft. Public aircraft are covered by Subpart P.

[T.D. 88-12, 53 FR 9292, Mar. 22, 1998, as amended by T.D. 97-82, 62 FR 51770, Oct. 3, 1997]

122.153 LIMITATIONS ON AIRPORT OF ENTRY OR DEPARTURE

The owner or person in command of any aircraft clearing the U.S. for, or entering the U.S. from, Cuba, whether the aircraft is departing on a temporary sojourn, or for export, shall clear or obtain permission to depart from, or enter at, the Miami International Airport, Miami, Florida, and comply with the requirements in this part unless otherwise authorized by the Assistant Commissioner, Office of Field Operations, Customs Headquarters.

122.154 NOTICE OF ARRIVAL

(a) Application. All aircraft entering the U.S. from Cuba shall give advance notice of arrival.

(b) Procedure for giving advance notice of arrival. The commander of an aircraft covered by this section shall give the advance notice of arrival not less than one (1) hour before crossing the U.S. coast or border. Notice shall be given either:

(1) Through Federal Aviation Administration flight notification procedure (see International Flight Information Manual, Federal Aviation Administration); or

(2) Directly to the Customs officer in charge at the Miami International Airport, Miami, Florida.

(c) Contents of notice. The advance notice of arrival shall state:

(1) Type of aircraft and registration number;

(2) Name of aircraft commander;

(3) Number of U.S. citizen passengers;

(4) Number of alien passengers;

(5) Place of last foreign departure;

(6) Estimated time and location of crossing the U.S. coast or border; and

(7) Estimated time of arrival.

122.155 DOCUMENT TO BE PRESENTED UPON ARRIVAL

Upon arrival, the aircraft commander shall present:

(a) A manifest of all passengers on board, as required by the U.S. Immigration and Naturalization Service pursuant to 8 CFR 231.1 to an officer of the U.S. Immigration and Naturalization Service or to a Customs officer acting as an Immigration officer;

(b) The documents required by Subpart E of this part.

122.156 RELEASE OF PASSENGERS

No passengers arriving from Cuba by aircraft will be released by Customs, nor will the aircraft be cleared or permitted to depart before the passengers are released by an officer of the Immigration and Naturalization Service or by a Customs officer acting on behalf of that agency.

122.157 DOCUMENTS REQUIRED FOR CLEARANCE

As a condition precedent to clearance, the aircraft commander shall present to Customs:

(a) The documents required by Subpart H of this part; and

(b) A validated license issued by the Department of Commerce, as provided for in 15 CFR 371.19 or a license issued by the Department of State, as provided in 22 CFR part 123.

122.158 OTHER ENTRY AND CLEARANCE REQUIREMENTS

All other provisions of this part relating to entry and clearance of aircraft are applicable to aircraft subject to this subpart.

SUBPART Q: PENALTIES

122.161 IN GENERAL

Except as provided in 122.14, any person who violates any Customs requirements stated in this part, or any regulation that applies to aircraft under 122.2, is, in addition to any other applicable penalty, subject to civil penalty of $5,000 as provided by 49 U.S.C. App. 1474, except for overages, and failure to manifest narcotics or marijuana, in which cases the penalties set forth in section 584, Tariff Act of 1930, as amended (19 U.S.C. 1584) apply, or for failure to report arrival or to present the documents required by 122.27 (c) of this part in which cases the penalties set forth in section 436, Tariff Act of 1930, as 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 or forfeiture may be mitigated under part 171 of this chapter.

[T.D. 91-61, 56 FR 32086, July 15, 1991]

122.166 ARRIVAL, DEPARTURE, DISCHARGE, AND DOCUMENTATION

(a) Liability for civil penalties. Except as otherwise provided, any aircraft pilot violation of the requirements of section 433, Tariff Act of 1930, as amended, (19 U.S.C. 1433), with respect to the following actions shall be liable for civil penalties as provided by section 436, Tariff Act of 1930, as amended (19 U.S.C. 1436), and described in paragraph (c) of this section:

(1) Advance notification of arrival;

(2) Report of arrival;

(3) Landing of aircraft;

(4) Presentation of documentation;

(5) Departure from the port, place, or airport of arrival without authorization; or

(6) Discharge of passengers or merchandise (to include baggage) without authorization.

(b) Liability for criminal penalties. Upon conviction, any aircraft pilot violating any of the Customs requirements described in paragraph (a) of this section shall, in addition to civil penalties, be subject to criminal penalties as set forth in section 436, Tariff Act of 1930, as amended, (19 U.S.C. 1436), and described in paragraph (c) of this section. If the aircraft has or is discovered to have had on board any merchandise (other than the equivalent, for a vessel, of sea stores) the importation of which into the U.S. is prohibited, that person shall be subject to an additional fine as set forth in 19 U.S.C. 1436 and described in paragraph (c) of this section.

(c) Civil and criminal penalties described--

(1) Civil penalty. The pilot of any aircraft who fails to comply with the requirements of this section is liable for a civil penalty of $5,000 for the first violation, and $10,000 for each subsequent violation. Any aircraft used in connection with any such violation is subject to seizure and forfeiture.

(2) Criminal penalty. In addition to the civil penalty prescribed for violation of this section, the pilot of any aircraft who intentionally fails to comply with the requirements of this section is liable, upon conviction, for a fine of not more than $2,000 or imprisonment for 1 year, or both. If the aircraft is found to have, or to have had, on board any merchandise the importation of which is prohibited, such individual is liable for an additional fine of not more than $10,000 or imprisonment for not more than 5 years, or both.

(3) Additional civic penalty. If any merchandise, other than the equivalent of vessel sea stores, is imported or brought into the U.S. aboard an aircraft which has failed to comply with the requirements prescribed by this section, the pilot of the aircraft shall be liable for a civil penalty equal to the value of the merchandise, and the merchandise may be seized and forfeited, unless properly entered by the importer or consignee.

122.167 AVIATION SMUGGLING

(a) Civil penalties. Any aircraft pilot who transports, or any person on board any aircraft who possesses prohibited or restricted merchandise knowing, or intending, that the merchandise will be introduced into the U.S. contrary to law shall be subject to a civil penalty of twice the value of the merchandise involved, but not less than $10,000, as prescribed in section 590, Tariff Act of 1930, as amended (19 U.S.C. 1590). Any aircraft used in connection with, or in aiding or facilitating, any violation of 19 U.S.C. 1590, whether or not any person is charged in connection with such violation, may be seized and forfeited in accordance with Customs laws.

(b) Criminal penalties. Any aircraft pilot or person who intentionally violates 19 U.S.C. 1590 is, upon conviction, subject to the criminal penalties of a fine of not more than $10,000 or imprisonment for not more than 5 years, or both, if none of the merchandise involved is a controlled substance. More severe penalties are provided in 19 U.S.C. 1590 if the smuggled merchandise is a controlled substance. In such case, a violator is liable for a fine of not more than $250,000 or imprisonment for not more than 20 years, or both. (c) For purposes of imposing civil penalties under this section, any of the following acts, when performed within 250 miles of the territorial sea of the United States, shall be evidence that the transportation or possession of merchandise was unlawful and shall indicate that the purpose of the transfer was to make it possible for such merchandise, or any part of it, to be introduced into the U.S. unlawfully. For purposes of seizure and forfeiture, the following acts shall be evidence that an aircraft was used in connection with, or to aid or facilitate, a violation of this section:

(1) The operation of an aircraft without lights during such times as lights are required to be displayed under applicable law.

(2) The presence on an aircraft of an auxiliary fuel tank which is not installed in accordance with applicable law.

(3) The failure to correctly identify the aircraft by registration number and country of registration, when requested to do so by a customs officer or other government authority.

(4) The external display of false registration numbers or false country of registration.

(5) The presence on board of unmanifested merchandise, the importation of which is prohibited or restricted.

(6) The presence on board of controlled substances which are not manifested or which are not accompanied by the permits or licenses required under Single Convention on Narcotic Drugs or other international treaty.

(7) The presence of any compartment or equipment which is built or fitted out for smuggling.

PART 148: PERSONAL DECLARATIONS AND EXEMPTIONS

148.0 SCOPE

This part contains the regulations governing the allowance of exemptions for residents and nonresidents arriving in the United States, for crewmembers of carriers engaged in international traffic, for military and civilian employees of the United States, for certain evacuees, and for certain personnel of foreign governments and international organizations. Procedures and requirements are also set forth pertaining to registration of articles to be taken abroad, declaration and entry, and examination of baggage, and collection of duties and taxes.

SUBPART A: GENERAL PROVISIONS

148.1 REGISTRATION OF EFFECTS TO BE TAKEN ABROAD

(a) Persons who may use procedure. Any person, except a nonresident seaman, airman, or person engaged in similar employment, who intends to take effects of foreign origin abroad may register such articles before departure from the United States in order to facilitate their identification on return to the United States. Only articles of foreign origin having serial numbers or other distinctive, permanently affixed unique markings can be registered.

(b) Procedures for registration. Applicants for registration of articles of foreign origin shall present the articles, together with a completed, but unsigned, Customs Form 4457, which may be obtained in advance of departure, to a Customs officer. After the Customs officer has examined the articles and verified their description, he shall have the applicant sign the form. The Customs officer shall then sign the form and return it to the applicant for presentation on return of the articles. Customs form 4455 may be required in any case in which Customs form 4457 will not adequately serve the purpose of registration.

(c) Presentation on return and reuse. The form shall be presented to the Customs officer when the registered articles are returned to the United States. The form shall be valid for reuse as long as the document is legible to identify the registered articles.

[T.D. 82-102, 47 FR 24119, June 3, 1982, as amended by T.D. 91-35, 56 FR 19260, Apr. 26, 1991]

148.9 RESIDENCE STATUS OF ARRIVING PERSONS

(a) General. Persons arriving from foreign countries shall be divided into two classes for Customs purposes:

(1) Residents of the United States returning from abroad, and

(2) All other persons, hereinafter referred to as nonresidents.

(b) Status as returning resident. Citizens of the United States, or persons who have formerly resided in the United States (including American citizens who are residents of American Samoa, Guam, the Commonwealth of the Northern Mariana Islands or the Virgin Islands of the United States) shall be deemed residents of the United States returning from abroad within the meaning of residents as used in Chapter 98, Subchapter IV, Harmonized Tariff Schedule of the United States (19 U.S.C. 1202), in the absence of satisfactory evidence that they have established a home elsewhere. For this purpose, the residence of a wife shall be deemed to be that of her husband unless satisfactory evidence is presented that the wife has established a separate residence elsewhere. The residence of a minor child shall be presumed to be that of his parents.

(c) Status as nonresident. Any person arriving in the United States who is not a resident of the United States or who, though a resident of the United States, is not returning from abroad, shall be treated for the purpose of these regulations as a nonresident.

(d) Optional claim of nonresident status. Any person arriving in the United States who would otherwise be considered a returning resident, may claim at his option the status of a nonresident if he intends to remain in the United States for only a short period of time before returning abroad. If the status as a nonresident claimed by an arriving person is allowed, the procedures in 148.8 shall be followed.

[T.D. 73-27, 38 FR 2449, Jan. 26, 1973, as amended by T.D. 78-394, 43 FR 49788, Oct. 25, 1978 T.D. 89-1, 53 FR 51263, Dec. 21, 1988]

148.3 CUSTOMS TREATMENT AFTER TRANSITING THE PANAMA CANAL

Passengers' baggage and effects and purchases of officers and crewmembers landed in the United States from vessels which have transited the Panama Canal are subject to Customs examination and treatment in the same manner as arrivals from any other foreign country.

[T.D. 73-27, 38 FR 2449, Jan. 26, 1973, as amended by T.D. 79-276, 44 FR 61957, Oct. 29, 1979]

148.4 ACCOMPANYING ARTICLES

(a) Generally. Articles shall be considered as accompanying a passenger or brought in by him if the articles arrive on the same vessel, vehicle, or aircraft on the same date as that of his arrival in the United States.

(b) Baggage shipped as freight. Articles in baggage shipped as freight on a bill of lading or airway bill shall be considered as accompanying a passenger when the baggage arrives on the conveyance on which he arrives in the United States.

(c) Precleared articles. Articles in baggage, or in baggage shipped as freight, shall be considered as accompanying a passenger if examined at an established preclearance station and the baggage is hand-carried, checked, or manifested on the conveyance on which he arrives in the United States.

(d) Automobiles. An automobile which arrives on the same mode of conveyance on the same date as a passenger arrives in the United States shall be considered as accompanying him.

(e) Misdirected baggage. Baggage which arrives on the same mode of conveyance ahead of, or after a passenger, shall be treated as accompanying him if it is fully evident to the examining officer from the circumstances that:

(1) The passenger intended the baggage to arrive with him; and

(2) It was misdirected through no fault of the passenger.

148.5 REGULAR ENTRY OF ARTICLES IN BAGGAGE

Subject to any applicable exemption from entry requirements, articles imported as baggage but not passed under a baggage declaration or under the procedure provided in 148.6 for unaccompanied shipments of effects subject to personal exemptions shall be entered in the same manner as a cargo importation of like goods. In making regular entry for articles imported in baggage, the value of articles entitled to free entry under subheadings 9804.00.10, or 9804.00.45, Harmonized Tariff Schedule of the United States (19 U.S.C. 1202), shall be disregarded in determining whether formal or informal entry is required.

[T.D. 73-27, 38 FR 2449, Jan. 26, 1973, as amended by T.D. 89-1, 53 FR 51263, Dec. 21, 1988]

148.6 ENTRY OF UNACCOMPANIED SHIPMENTS OF EFFECTS SUBJECT TO PERSONAL EXEMPTIONS

(a) Declaration to support free entry. When effects claimed to be free of duty under subheadings 9804.00.10, 9804.00.20, 9804.00.25, 9804.00.35, or 9804.00.45, Harmonized Tariff Schedule of the United States (HTSUS) (19 U.S.C. 1202), do not accompany the importer on his arrival in the United States or are forwarded in bond, a declaration of the importer on Customs Form 3299 shall be required to support the claim for free entry. However, an oral declaration may be accepted in lieu of a written declaration on Customs Form 3299, for effects of a resident which are free of duty under subheadings 9804.00.10 or 9804.00.45. Effects of returning residents entitled to free entry under subheadings 9804.00.10 or 9804.00.45 (except automobiles and other vehicles of residents returning from countries other than Canada or Mexico) need not be itemized if a written declaration is required.

(b) Exemption from entry. If the port director is satisfied that an entry would serve no good purpose, none need be required, but evidence of ownership for Customs purposes, such as a carrier's certificate or properly endorsed bill of lading, shall be required with the declaration. Such exemption from entry may also be applied with respect to household effects or tools of trade entitled to free entry (see 148.52 and 148.53 respectively) which are unaccompanied or forwarded in bond.

[T.D. 73-27, 38 FR 2449, Jan. 26, 1973, as amended by T.D. 89-1, 53 FR 51264, Dec. 21, 1988]

148.7 UNCLAIMED BAGGAGE

Articles in passengers' baggage on which duties due are not paid and baggage not claimed within a reasonable time shall be treated as unclaimed and sent to general order.

148.8 TEMPORARY IMPORTATION BY RESIDENTS ARRIVING FOR SHORT VISITS

A person claiming the status of a nonresident upon arrival for a short visit in the United States before returning abroad may import articles free of duty under subheadings 9804.00.20, 9804.00.25, 9804.00.30, 9804.00.35, Harmonized Tariff Schedule of the United States (19 U.S.C. 1202), in accordance with the following procedure:

(a) The person claiming the status shall agree to export all such articles upon his departure from the United States, except articles imported as gifts under subheading 9804.00.30, and articles consumed during his visit;

(b) When required to do so, the person claiming the status shall list all articles of substantial value which he is importing on Customs Form 4455, in duplicate, noting thereon the expected duration of his visit. He shall present the completed form to the inspecting officer who will initial both copies and return the duplicate to him;

(c) Upon his departure from the United States at the completion of his visit, the person claiming the status of a nonresident shall present to a Customs officer the duplicate copy of Customs Form 4455, initialed by the inspecting officer, and the articles listed thereon shall be subject to inspection; and

(d) If he decides not to return abroad, the person claiming the status shall immediately notify the director at the port of entry. The port director will advise him of the amount of duties and taxes due by reason of his failure to return abroad.

[T.D. 73-27, 38 FR 2449, Jan. 26, 1973, as amended by T.D. 89-1, 53 FR 51264, Dec. 21, 1988]

III FREQUENTLY USED CUSTOMS FORMS

•  Customs Form 178: Private Aircraft Enforcement System Arrival Report

•  Customs Form 301: Customs Bond

•  Customs Form 337: Major Repair and Alteration

•  Customs Form 339A: Aircraft Decal Request

•  Customs Form 3171: Application - Permit - Special License - Unlading - Lading - Overtime Services

•  Customs Form 7507: General Declaration

•  Customs Form 7509: Air Cargo Manifest