Not only are there special rules to adhere to when flying outside of the U.S.—you’re familiar with rules for crossing the Air Defense Identification Zone, FAR 91.703, the foreign country’s entry requirements, flight rules, and insurance requirements, and Annex 2 to the Convention on International Civil Aviation, right?—there are also various other U.S. agencies’ rules and regulations to follow.
Customs and Border Protection (“CBP”) is the elephant in the room, but before we get to that, don’t forget that you might be required to obtain a restricted radiotelephone operator's permit and radio station license from the Federal Communications Commission. The Department of Homeland Security (“DHS”) requires citizens to carry passports issued by the Department of State for anyone crossing the border by air (passport cards are not acceptable when flying). Non-citizens must ensure their travel documents are DHS approved. A waiver from the Transportation Security Administration might be required for aircraft crossing the border without a transponder or radio. Other agencies, like the Department of Agriculture, Fish and Wildlife Service, or the Financial Crimes Enforcement Network, may also have something to say about your trip.
Now, let’s discuss that elephant—CBP’s rules for crossing the border in private aircraft. Most of the rules applicable to private aircraft appear in Title 19 of the Code of Federal Regulations, Part 122, Subpart C.
When flying out of the U.S., you must file an electronic manifest and advance notice of departure through CBP’s Electronic Advance Passenger Information System (“eAPIS”) at least 60 minutes prior to departure. Additionally, you must receive approval from CBP before departing. Normally, the eAPIS confirmation email will also serve as permission to depart, but you should carefully review the email for any special instructions. If any information changes (like adding a last-minute passenger), the eAPIS must be amended or resubmitted and separate approval received before departure.
For arrivals into the U.S., you must locate an airport of entry (“AOE”) for CBP processing, even if it’s inconvenient. CBP classifies AOEs as “international airports,” “landing rights airports,” or “user fee airports.” The only major difference for private aircraft is that CBP won’t charge for processing at an international airport (but the airport might). Unfortunately, every AOE has their own policy and procedures in place, so be sure to become familiar with the requirements before selecting your AOE. Recently, CBP reopened its catalog of general aviation airport factsheets, which contains airport specific procedures and requirements.
When flying in from certain areas to the south of the U.S. border, you are generally required to choose the AOE nearest to your crossing point from a list in the regulation—unless you have an “overflight exemption” or meet other narrow exceptions.
Otherwise, the procedure is mostly the same. Submit an eAPIS at least 60 minutes prior to departure. If you’re not able to submit the eAPIS because you do not have internet access, you’re required to land at a location where you can reliably submit the eAPIS. In rare circumstances, you might be able to submit or make changes to an inbound eAPIS by phone. However, unlike an outbound flight, you must secure permission to land prior to departure when coming home.
This bears repeating. One of the most overlooked requirements when flying back to the U.S. is securing permission to land—no, I don’t mean getting ATC permission. I mean getting permission from CBP to land at your proposed AOE prior to departure. Again, it’s important to become familiar with that AOE’s specific procedures and requirements. Some may require 48 hours’ advance notice. Additionally, CBP does not have to grant you permission to land at your selected AOE. That may require you to look elsewhere, so have a backup in mind.
For private aircraft, the pilot is always responsible for ensuring accurate manifest and advance notice of arrival or departure information, and for ensuring that all required travel documents are carried and up to date. If you fail to adhere to CBP’s rules, first-time offenders are generally levied a $5,000 civil penalty. This doubles for repeat offenders. On top of that, if you have an overflight exemption or Global Entry, those privileges will likely be suspended for at least six months. In extreme cases, CBP may attempt to seize your aircraft. Fortunately, there generally are mitigation tactics that can be employed. If you are the suspect of a possible CBP violation, you should obtain competent counsel immediately.
