News
New Requirements for Private Aircraft Arriving and Departing the United States Begin on May 18, 2009 (eAPIS)
by Scott Burgess, released on Tuesday, January 27, 2009
New regulations will require that, starting May 18, 2009, after the eAPIS program has been fully implemented, flight information and passenger manifests for aircraft arriving and departing in the United States must be filed via the electronic Advance Passenger Information System (eAPIS). Both logs can be filed at the same time, but must be filed not later than 60 minutes prior to departure. Since permission, by return email, must be received prior to departure, we suggest that flight crew and operators file as far in advance as is possible, especially since the flight plans and passenger manifest can be updated (although only amendments to already-transmitted manifest related to flight cancellation, ETA changes, or changes in the arrival locations may be submitted via telephone or radio).
The flight crew will be responsible for comparing the travel documents presented by each passenger with the travel document information transmitted via eAPIS. You can register as a user at https://eapis.cbp.dhs.gov/. We suggest you do so immediately, and begin to use the program now on a voluntary basis.
ARRIVALS
Advance notice of arrival must include the following information about the aircraft and flight crew:
I. Aircraft tail number;
II. Type of Aircraft;
III. Call sign (if available);
IV. CBP issued decal number (if available);
V. Place of last departure (ICAO airport when available);
VI. Date of aircraft arrival;
VII. Estimated time of arrival;
VIII. Estimated time and location of crossing U.S. border/coastline;
IX. Name of intended U.S. airport of first landing (as listed in §122.24 if applicable, unless an exemption has been granted under § 122.25, or the aircraft was inspected by CBP Officers in the US Virgin Islands);
X. Owner/Lessees name (if individual: Last, first, and, if available middle; or business entity name, if applicable);
XI. Owner/Lessees address (number and street, city, state, zip/postal code, country, telephone number, fax number, and email address);
XII. Pilot name (last, first, middle, if available);
XIII. Pilot license number;
XIV. Pilot street address (number and street, city, state, zip/postal code, country, telephone number, fax number, and email address);
XV. Country of issuance of pilot’s license;
XVI. Operator name (for individuals: last, first, and if available, middle or business entity name, if applicable);
XVII. Operator Street Address (number and street, city, state, zip code, country, telephone number, fax number and e-mail address);
XVIII. Aircraft color(s);
XIX. Complete itinerary (foreign airports landed at within 24 hours prior to landing in the United States);
and
XX. 24-hour Emergency point of contact (e.g. broker, dispatcher, repair shop, or other third party contact or individual who is knowledgeable about this particular flight) name (first, last, middle, if available) and phone number.
In addition, for each individual aboard the aircraft upon arrival, the following information must be submitted:
I. Full name (last, first, and, if available, middle);
II. Date of Birth;
III. Gender (F=female; M=male);
IV. Citizenship;
V. Country of residence;
VI. Status on board the aircraft;
VII. DHS-Approved travel document number, if a DHS-approved travel document is required; (e.g. passport; alien registration card, etc.);
VIII. DHS-Approved travel document number;
IX. DHS-Approved travel document country of issuance; if a DHS-approved travel document is required;
X. DHS-Approved travel document expiration date, where applicable;
XI. Alien registration number, where applicable;
XII. Address while in the United States (number and street, city, state, and zip code). This information is required for all travelers including crew onboard the aircraft.
Prior to departure from the foreign airport, the flight crew must receive a message from the Department of Homeland Security approving landing within the United States, and follow any instructions contained therein prior to departure.
DEPARTURES
Advance notice of arrival must include the following information about the aircraft and flight crew:
I. Aircraft tail number;
II. Type of Aircraft;
III. Call sign (if available)
IV. CBP issued decal number (if available)
V. Date of aircraft departure (ICAO airport code when available);
VI. Date of Aircraft departure;
VII. Estimated time of departure;
VIII. Estimated time and location of crossing U.S. border/coastline;
IX. Name of intended foreign airport of first landing (airport code, when available)
X. Owner/Lessee name (if individual: last, first, and, if available, middle; or business entity name if applicable);
XI. Owner/Lessee street address (number and Street, city, state, zip/postal code, country, telephone number, fax number, and email address);
XII. Pilot/Private aircraft pilot name (last, first and, if available, middle;
XIII. Pilot license number;
XIV. Pilot street address (number and street, city, state, zip/postal code, country, telephone number, fax number, and email address);
XV. Country of issuance of pilot’s license;
XVI. Operator name (if individual: last, first, and if available, middle; or business entity name, if applicable);
XVII. Operator street address (number and street, city, state, zip/postal code, country, telephone number, fax number, and email address);
XVIII. 24-hour Emergency point of contact (e.g. broker, dispatcher, repair shop, or other third party contact, or individual who is knowledgeable about this particular flight )name (last, first, middle, if available) and phone number;
XIX. Aircraft color(s); and
XX. Complete itinerary (intended foreign airport destinations for 24 hours following departures).
In addition, for each individual aboard the aircraft upon departure, the following information must be submitted:
I. Full name (last, first, and, if available, middle);
II. Date of Birth;
III. Gender (F=female; M=male);
IV. Citizenship;
V. Country of residence;
VI. Status on board the aircraft;
VII. DHS-Approved travel document number, if a DHS-approved travel document is required; (e.g. passport; alien registration card, etc.);
VIII. DHS-Approved travel document number;
IX. DHS-Approved travel document country of issuance; if a DHS-approved travel document is required;
X. DHS-Approved travel document expiration date, where applicable;
XI. Alien registration number, where applicable;
XII. Address while in the United States (number and street, city, state, and zip code). This information is required for all travelers including crew onboard the aircraft
Prior to departure from an airport in the USA for a foreign airport, the flight crew must receive a message from the Department of Homeland Security approving the departure from the United States, and follow any instructions contained therein. Once the Department of Homeland Security has approved the departure, and the pilot has executed all instructions issued by Homeland Security, the aircraft is free to depart.
In those rare instance when a reliable means for giving notice are not available, we expect that the US Customs & Border Protection Agency will accept telephonic notification and/or notification via radio through an international flight service station, so long as the requisite advance notice is given.
Should you have any question with regard to any regulations developed with regard to arriving and departing aircraft, please contact Scott Burgess at scottb@aviationlegalgroup.com.
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