In addition to the required [[Certificates and Documents for International Flights]], there are certain paperwork requirements for each flight departing and arriving in the United States. The applicable regulations are found in 19 CFR, Part 122 (Air Commerce Regulations) and Part 148 (Personal Declarations and Exemptions). The information on this page applies specifically to **private aircraft**, as defined in 19 CFR §122.1(h). Different regulations in 19 CFR Part 122 apply to commercial aircraft and scheduled airlines. ![[private aircraft 19 CFR part 122.png]] # Electronic Advance Passenger Information System - eAPIS 19 CFR §122.22 describes the manifest requirements for private aircraft departing and arriving in the United States. Manifests are submitted via the Electronic Advance Passenger Information System, or eAPIS: [[Welcome to eAPIS | Customs and Border Protection](https://eapis.cbp.dhs.gov/eapis/auth)]() Manifests contain the following information: - Crew and passenger details, including passport information, reason/duration of travel, etc - Flight details, including aircraft information, departure time and location, border crossing time and location, and arrival time and location Manifest changes such as passenger additions or substitutions require a new manifest; passengers listed on the manifest but **NOT** present on the flight do **NOT** require a new manifest. ## Departure Manifest - The departure manifest must be submitted no later than 60 minutes prior to departing the United States - A tolerance of ±60 minutes from the departure time listed in the manifest is allowed - For changes in departure time greater than 60 minutes, a new manifest is required **AND** the original flight clearance request must be cancelled by contacting the CBP port associated with departure - An email stating "private aircraft departure clearance is approved" must be received prior to departure ![[departure eAPIS information.png]] ## Arrival Manifest - The arrival manifest must be submitted no later than 60 minutes prior to departure of the aircraft from the foreign port or place - After receiving an email confirming manifest receipt, the pilot must secure permission to land at the CBP port of intended arrival ![[arrival eAPIS information.png]] # Departing from the United States ## Place of Departure Flights departing from the United States can originate anywhere - they do **not** need to depart from a CBP airport. If this is the case, the departure manifest should include the nearest CBP airport in the "CBP Airport" data field, and the actual departure city and airport in the "City" and "Actual Departure Location Description" data fields, respectively. ![[eAPIS CBP airport.png]] ## Registering Personal Effects It is not a requirement, however, individuals travelling with expensive personal effects (especially foreign-manufactured) may want to register these effects prior to travel abroad, to avoid customs declaration issues upon returning to the United States. Per 19 CFR §148.1, this can be done by registering the personal effects with a customs officer on a CBP Form 4457. The items must have serial numbers or other distinctive, permanently affixed unique markings to be eligible. ![[CBP Form 4457.png]] # Arriving in the United States ## Place of First Landing Per 19 CFR §122.33, the first landing of an aircraft entering the United States from a foreign area must be at a CBP airport of entry: - a designated international airport (§122.13) - a landing rights airport (§122.14) - a user fee airport (§122.15) After receiving an email confirming the arrival manifest receipt, the pilot must contact the CBP office at the airport of arrival to secure permission to land. Take note of the fees and hours of operation for the specific CBP office at the airport of arrival. The CBP website can assist pilots in locating a suitable airport of arrival: [[Locate a Port of Entry | U.S. Customs and Border Protection](https://www.cbp.gov/about/contact/ports)]() ## Arriving from South of the United States Per 19 CFR §§122.23 and 122.24, aircraft arriving from "south of the United States" (the Gulf of Mexico, south of 30° N latitude on the east coast, or south of 33° N latitude on the west coast) are required to land at the **nearest designated airport** to the border or coastline crossing point, from the airport list in §122.24(b). Owners or operators who frequently fly internationally in this region may request a Border Overflight Exemption (BOE) letter per 19 CFR §122.25, allowing their aircraft to continue to other CBP airports of entry. A copy of the letter must be kept on board the aircraft, and additional operating rules specified in the letter must be followed. ![[overflight exemption letter.png]] ## Clearing US Customs When contacting the CBP office to secure permission to land, note any rules and procedures in effect for that particular CBP office, such as tolerance for arrival time, parking in a designated area, remaining inside the aircraft during inspection, etc. ![[ORL landing rights example.png]] ### Customs Declarations Per 19 CFR §148.11, all articles acquired abroad must be declared upon arrival. Crew of private aircraft are **NOT** required to make a crewmember's declaration on a CBP Form 5129, per 19 CFR §148.61(b). One written declaration (§148.13) per family is required, or an oral declaration (§148.12) **may** be accepted if the value of the articles does not exceed $800 in some cases. Per 19 CFR §122.27, private aircraft written declarations are made on a CBP Form 6059-B. The CBP General Declaration Form 7507 is required for commercial aircraft per 19 CFR §122.43. ![[CBP Form 6059B.png]] ### Private Aircraft Arrival Report Upon arrival, the CBP officer will need to complete a CBP Form 178, Private Aircraft Enforcement System Arrival Report. The pilot should be ready to provide the necessary information when requested, or can have the appropriate sections of the form filled out in advance. ![[CBP Form 178.png]] # Additional Information - If travelling with more than $10,000 of currency or monetary instruments, a FinCEN Form 105 must be filed with CBP: [[FinCEN Form 105 | CMIR, U.S. Customs and Border Protection](https://fincen105.cbp.dhs.gov/#/)]() - Whether dealing with US or foreign customs, **ALWAYS** note the name and/or badge number of the customs officials you interact with; without a paper trail, this may be your only means of proving that the interaction did happen - 19 CFR Part 122 does not contain specific procedures for diversion, except for in an emergency (§122.35) - Do **NOT** take customs rules and requirements lightly; civil penalties of **$5,000** are enforceable per 19 CFR §122.161 # References - [[eCFR :: 19 CFR Part 122 -- Air Commerce Regulations](https://www.ecfr.gov/current/title-19/chapter-I/part-122)]() - [[eCFR :: 19 CFR Part 148 -- Personal Declarations and Exemptions](https://www.ecfr.gov/current/title-19/chapter-I/part-148)]() - [[Microsoft Word - CBP Private Air APIS Guide 2 0 _3_.doc](https://www.cbp.gov/sites/default/files/documents/CBP%20Private%20Air%20Guide%203%200%20(Jan%202015).pdf)]() - [[Cover: GPFCVR](https://www.eapisfile.com/docs/eapis/private_flyers_guide.pdf)]() ### By Kevin Sakson