19 C.F.R. § 122.49a Electronic manifest requirement for passengers onboard commercial aircraft arriving in the United States.
Title 19 - Customs Duties
(a) Definitions. The following definitions apply for purposes of this section: Appropriate official. “Appropriate official” means the master or commanding officer, or authorized agent, owner, or consignee, of a commercial aircraft; this term and the term “carrier” are sometimes used interchangeably. Carrier. See “Appropriate official.” Commercial aircraft. “Commercial aircraft” has the meaning provided in §122.1(d) and includes aircraft engaged in passenger flight operations, all-cargo flight operations, and dual flight operations involving the transport of both cargo and passengers. Crew Member. “Crew member” means a person serving on board an aircraft in good faith in any capacity required for normal operation and service of the flight. In addition, the definition of “crew member” applicable to this section should not be applied in the context of other customs laws, to the extent this definition differs from the meaning of “crew member” contemplated in such other customs laws. Departure. “Departure” means the point at which the wheels are up on the aircraft and the aircraft is en route directly to its destination. Emergency. “Emergency” means, with respect to an aircraft arriving at a U.S. port due to an emergency, an urgent situation due to a mechanical, medical, or security problem affecting the flight, or to an urgent situation affecting the non-U.S. port of destination that necessitates a detour to a U.S. port. Passenger. “Passenger” means any person, including a Federal Aviation Administration (FAA) Aviation Security Inspector with valid credentials and authorization, being transported on a commercial aircraft who is not a crew member. United States. “United States” means the continental United States, Alaska, Hawaii, Puerto Rico, Guam, and the Virgin Islands of the United States. (b) Electronic arrival manifest—(1) General requirement. Except as provided in paragraph (c) of this section, an appropriate official of each commercial aircraft arriving in the United States from any place outside the United States must transmit to Customs and Border Protection (CBP) an electronic passenger arrival manifest covering any passengers on board the aircraft. Each manifest must be transmitted to CPB at the place and time specified in paragraph (b)(2) of this section by means of an electronic data interchange system approved by CBP and must set forth the information specified in paragraph (b)(3) of this section. A passenger manifest must be transmitted separately from a crew member manifest required under §122.49b if transmission is in US EDIFACT format. (2) Place and time for submission. The appropriate official specified in paragraph (b)(1) of this section must transmit the electronic passenger arrival manifest required under paragraph (b)(1) of this section to the CBP Data Center, CBP Headquarters: (i) No later than 15 minutes after departure of the aircraft; (ii) For flights not originally destined to the United States but diverted to a U.S. port due to an emergency, no later than 30 minutes prior to arrival; in cases of non-compliance, CBP will take into consideration that the carrier was not equipped to make the transmission and the circumstances of the emergency situation; and (iii) For an aircraft operating as an air ambulance in service of a medical emergency, no later than 30 minutes prior to arrival. (3) Information required. Except as provided in paragraph (c) of this section, the electronic passenger arrival manifest required under paragraph (b)(1) of this section must contain the following information for all passengers, except that the information specified in paragraphs (b)(iv), (v), (x), (xii), (xiii), and (xiv) of this section must be included on the manifest only on or after October 4, 2005: (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) Travel document type (e.g., P = passport; A = alien registration card); (viii) Passport number, if a passport is required; (ix) Passport country of issuance, if a passport is required; (x) Passport expiration date, if a passport is required; (xi) Alien registration number, where applicable; (xii) Address while in the United States (number and street, city, state, and zip code), except that this information is not required for U.S. citizens, lawful permanent residents, or persons who are in transit to a location outside the United States; (xiii) Passenger Name Record locator, if available; (xiv) International Air Transport Association (IATA) code of foreign port/place where transportation to the United States began (foreign port code); (xv) IATA code of port/place of first arrival (arrival port code); (xvi) IATA code of final foreign port/place of destination for in-transit passengers (foreign port code); (xvii) Airline carrier code; (xviii) Flight number; and (xix) Date of aircraft arrival. (c) Exception. The electronic passenger arrival manifest specified in paragraph (b)(1) of this section is not required for active duty U.S. military personnel being transported as passengers on arriving Department of Defense commercial chartered aircraft. (d) Carrier responsibility for comparing information collected with travel document. The carrier collecting the information described in paragraph (b)(3) of this section is responsible for comparing the travel document presented by the passenger with the travel document information it is transmitting to CBP in accordance with this section in order to ensure that the information is correct, the document appears to be valid for travel to the United States, and the passenger is the person to whom the travel document was issued. (e) Sharing of manifest information. Information contained in the passenger manifests required by this section that is received by CBP electronically may, upon request, be shared with other Federal agencies for the purpose of protecting national security. CBP may also share such information as otherwise authorized by law. [CBP Dec. 05–12, 70 FR 17852, Apr. 7, 2005]
Title 19: Customs Duties
PART 122—AIR COMMERCE REGULATIONS
Subpart E—Aircraft Entry and Entry Documents; Electronic Manifest Requirements for Passengers, Crew Members, and Non-Crew Members Onboard Commercial Aircraft Arriving In, Continuing Within, and Overflying the United States
§ 122.49a Electronic manifest requirement for passengers onboard commercial aircraft arriving in the United States.
