19 C.F.R. Subpart H—Documents Required for Clearance and Permission To Depart; Electronic Manifest Requirements for Passengers, Crew Members, and Non-Crew Members Onboard Commercial Aircraft Departing From the United States
Title 19 - Customs Duties
(a) Application. This section applies to aircraft departing for foreign territory with no export cargo, but not to those aircraft which are themselves being exported. (1) Such aircraft may clear by telephone in advance with the director of the port of departure if departing empty or carrying only: (i) Passengers for hire; or (ii) Non-commercial cargo for which Shipper's Export Declarations are not required. (2) If not cleared by telephone, an air cargo manifest containing the following statement, signed by the aircraft commander or agent, shall be submitted to Customs:
I declare to the best of my knowledge and belief that there is no cargo on board this aircraft. (Aircraft Commander or Agent) (b) Timeliness. The request for telephone clearance must be received by the Customs officer in charge with sufficient time remaining before departure to ensure that Customs may undertake any necessary examination of the aircraft and cargo. (c) Documentation. If clearance is granted by telephone, the aircraft commander is not required to file the documents required by this subpart. If an aircraft with export cargo leaves the U.S. for any foreign area, a general declaration, if required, an air cargo manifest and any required Shipper's Export Declarations, shall be filed in accordance with this subpart for all cargo on the aircraft, and for the aircraft itself if exported as merchandise. See §122.79 for special requirements regarding shipments to U.S. possessions. (a) General declaration—(1) Form. The general declaration shall be on Customs Form 7507 and shall show all information required. (2) Preparation and filing. The aircraft commander or agent shall file two copies of the general declaration with Customs at the departure airport. (3) Exception. A general declaration shall not be required if the air cargo manifest, Customs Form 7509, contains the statement shown in paragraph (b) of this section. (b) Air cargo manifest—(1) Form. The air cargo manifest shall be on Customs Form 7509, and shall show all information required. If a general declaration is not presented, the following statement, signed by the aircraft commander or agent, shall appear on the form:
I declare that all statements contained in this manifest, including the account of the cargo on board this aircraft, are complete, exact, and true to the best of my knowledge. (Aircraft Commander or Agent) (2) Preparation and filing. The aircraft commander or agent shall file two copies of the air cargo manifest with the Customs at the departure airport. Three copies of the air cargo manifest shall be filed if the aircraft is covered by §122.77(b). The air cargo manifest must be filed in: (i) Complete form, with all required Shipper's Export Declarations (see §122.75); or (ii) Incomplete form (pro forma) under §122.74. (a) Application—(1) Shipments to foreign countries. Except for aircraft bound for foreign locations referred to in paragraph (b) of this section, clearance, or permission to depart may be given to an aircraft bound for a foreign location by the Customs at the departure airport before a complete manifest or all required Shipper's Export Declarations have been filed, if a proper bond is filed on Customs Form 301, containing the bond conditions set forth in subpart G of part 113 of this chapter. (2) Shipments to Puerto Rico. As provided in §122.79(b), any required air cargo manifest or Shipper's Export Declarations for direct flights between the U.S. and Puerto Rico shall be filed with the appropriate Customs officer upon arrival in Puerto Rico. If any required manifest or Shipper's Export Declarations are not filed with the appropriate Customs officer within one business day after arrival in Puerto Rico, a proper bond shall be filed at that time on Customs Form 301, containing the bond conditions set forth in subpart G of part 113 of this chapter. (b) Exceptions. An incomplete manifest will not be accepted: (1) During any time covered by a proclamation of the President that a state of war exists between foreign nations; or (2) If the aircraft is departing on a flight from the U.S. directly or indirectly to a foreign country listed in §4.75 of this chapter. In both cases, a complete air cargo manifest and all required Shipper's Export Declarations shall be filed with the port director before the aircraft will be cleared. (c) Filing under bond. An incomplete set of documents may be filed only when accompanied by the proper bond. Under the bond, a complete set of documents shall be filed within whichever of the following time periods is appropriate: (1) Shipments to foreign countries. All required Shipper's Export Declarations and a complete air cargo manifest shall be filed by the airline not later than the fourth business day after clearance (when clearance is required) or departure (when clearance is not required) of the aircraft. (2) Shipments to and from Puerto Rico. For shipments from the U.S. to Puerto Rico, the complete manifest (when required) and all required Shipper's Export Declarations shall be filed not later than the seventh business day after arrival into Puerto Rico. For shipments from Puerto Rico to the U.S., the complete manifest (when required) and all required Shipper's Export Declarations shall be filed not later than the seventh business day after departure from Puerto Rico. (3) Shipments to U.S. possessions. For shipments between the U.S. or Puerto Rico and possessions of the U.S., a complete manifest and all required Shipper's Export Declarations shall be filed by the airline not later than the seventh business day after departure. See §122.79. (d) Declaration required. A declaration shall be made on the incomplete manifest that: (1) All required documents will be filed within the 4-day bond period; or (2) All required documents will be filed within the 7-day bond period. Once all documents have been filed, a statement as required by §122.75(b) shall be made. [T.D. 88–12, 53 FR 9292, Mar. 22, 1988, as amended by T.D. 93–61, 58 FR 41425, Aug. 4, 1993] (a) Contents. A complete air cargo manifest shall list all cargo laden, and show for each item the air waybill number, or marks and numbers on packages and the type of goods carried. If an item does not require a Shipper's Export Declaration, it shall be noted on the air cargo manifest. (1) Shipments on an air waybill. A copy of each air waybill on which shipments are listed may be attached to the air cargo manifest, and the number of the air waybill may be listed on the air cargo manifest. The statement “Cargo as per Air Waybill Attached” must appear on the air cargo manifest if this is done. (2) Direct departure. This subsection applies only to direct departures of shipments requiring a Shipper's Export Declaration. A copy of each declaration may be attached to the air cargo manifest, and the number of each declaration shall be listed on the air cargo manifest in the column for air waybill numbers. The statement “Cargo as per Export Declarations Attached” must appear on the manifest if this is done. (b) Statement required. (1) When all required documents are ready for filing, the following statement must appear on the air cargo manifest, or on the general declaration form if an air cargo manifest is not required:
Attached Shipper's Export Declarations represent a full and complete enumeration and description of the cargo carried in this flight except that listed on the cargo manifest. (2) If an incomplete set of documents has been filed and is later completed, the following statement shall accompany the Shipper's Export Declarations and any required air cargo manifests:
Attached Shipper's Export Declarations represent a full and complete enumeration and description of the cargo carried on aircraft No. ____, Flight No. ____ cleared direct for ____, on ____ except cargo listed on any cargo manifest required to be filed for such flight. (a) Definitions. The definitions set forth in §122.49a(a) also apply for purposes of this section. (b) Electronic departure manifest—(1) General requirement. Except as provided in paragraph (c) of this section, an appropriate official of each commercial aircraft departing from the United States to any port or place outside the United States must transmit to Customs and Border Protection (CBP) an electronic passenger departure manifest covering any passengers onboard. The 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. (2) Place and time for submission. The appropriate official specified in paragraph (b)(1) of this section must transmit the electronic passenger departure manifest required under paragraph (b)(1) of this section to the CBP Data Center, CBP Headquarters, no later than 15 minutes prior to departure of the aircraft from the United States, except that for an air ambulance in service of a medical emergency, the manifest must be transmitted to CBP no later than 30 minutes after departure. (3) Information required. The electronic passenger departure 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)(3)(iv), (ix), and (xi) 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) Status on board the aircraft; (vi) Travel document type (e.g., P = passport; A = alien registration card); (vii) Passport number, if a passport is required; (viii) Passport country of issuance, if a passport is required; (ix) Passport expiration date, if a passport is required; (x) Alien registration number, where applicable; (xi) Passenger Name Record locator, if available; (xii) International Air Transport Association (IATA) departure port code; (xiii) IATA code of port/place of final arrival (foreign port code); (xiv) Airline carrier code; (xv) Flight number; and (xvi) Date of aircraft departure. (c) Exception. The electronic passenger departure manifest specified in paragraph (b)(1) of this section is not required for active duty military personnel traveling as passengers on board a departing 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 purposes, and the passenger is the person to whom the travel document was issued. (e) Sharing of manifest information. Information contained in the passenger manifest required under 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 17855, Apr. 7, 2005] (a) Definitions. The definitions set forth in §122.49a(a) also apply for purposes of this section, except that the definitions of “all-cargo flight,” “carrier,” “crew member,” and “non-crew member” applicable to this section are found in §122.49b(a). (b) Electronic departure manifest—(1) General requirement. Except as provided in paragraph (c) of this section, an appropriate official of each commercial aircraft departing from the United States to any port or place outside the United States must transmit to Customs and Border Protection (CBP) an electronic crew member departure manifest and, for all-cargo flights only, an electronic non-crew member departure manifest covering any crew members and non-crew members onboard. Each manifest must be transmitted to CBP 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. Where both a crew member departure manifest and a non-crew member departure manifest are required for an all-cargo flight, they must be combined in one departure manifest covering both crew members and non-crew members. Where a passenger departure manifest under §122.75a and a crew member departure manifest under this section are required, they must be transmitted separately if the transmission is in US EDIFACT format. (2) Place and time for submission; certification; change to manifest. (i) Place and time for submission. The appropriate official specified in paragraph (b)(1) of this section must transmit the electronic departure manifest required under paragraph (b)(1) of this section to the CBP Data Center, CBP Headquarters, no later than 60 minutes prior to departure of the aircraft, except that for an air ambulance in service of a medical emergency, the manifest must be transmitted to CBP no later than 30 minutes after departure. (ii) Certification. Except as provided in paragraph (c) of this section, the appropriate official, by transmitting the manifest as required under paragraph (b)(1) of this section, certifies that the flight's crew members and non-crew members are included, respectively, on the master crew member list or master non-crew member list previously submitted to CBP in accordance with §122.49c. If a crew member or non-crew member on the manifest is not also included on the appropriate master list, the flight may be denied clearance to depart. (iii) Changes to manifest. The appropriate official is obligated to make necessary changes to the crew member or non-crew member departure manifest after transmission of the manifest to CBP. Necessary changes include adding a name, with other required information, to the manifest or amending previously submitted information. If changes are submitted less than 60 minutes before scheduled flight departure, the air carrier must receive approval from TSA before allowing the flight to depart or the flight may be denied clearance to depart. (3) Information required. The electronic crew member and non-crew member departure manifests required under paragraph (b)(1) of this section must contain the following information for all crew members and non-crew members, except that the information specified in paragraphs (b)(iii), (v), (vi), (xii), 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) Place of birth (city, state—if applicable, country); (iv) Gender (F = female; M = male); (v) Citizenship; (vi) Address of permanent residence; (vii) Status on board the aircraft; (viii) Pilot certificate number and country of issuance (if applicable); (ix) Travel document type (e.g., P = passport; A = alien registration card); (x) Passport number, if a passport is required; (xi) Passport country of issuance, if a passport is required; (xii) Passport expiration date, if a passport is required; (xiii) Alien registration number, where applicable; (xiv) Passenger Name Record locator, if available; (xv) International Air Transport Association (IATA) departure port code; (xvi) IATA code of port/place of final arrival (foreign port code); (xvii) Airline carrier code; (xviii) Flight number; and (xix) Date of aircraft departure. (c) Exceptions. The electronic departure manifest requirement specified in paragraph (b)(1) of this section is subject to the following conditions: (1) Federal Aviation Administration (FAA) Aviation Safety Inspectors with valid credentials and authorization are not subject to the requirement, but the manifest requirement of §122.75a applies to these inspectors, as they are considered passengers on departing flights; (2) For crew members traveling onboard departing aircraft chartered by the U.S. Department of Defense, the provisions of this section apply regarding electronic transmission of the manifest, except that: (i) The manifest certification provision of paragraph (b)(2)(ii) of this section is inapplicable; and (ii) The TSA manifest change approval requirement of paragraph (b)(2)(iii) of this section is inapplicable; and (3) For non-crew members traveling onboard a departing all-cargo flight chartered by the U.S. Department of Defense, the manifest is not required, but the manifest requirement of §122.75a applies to these persons, as, in this instance, they are considered passengers on departing flights. (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 crew member or non-crew member 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, and the crew member or non-crew member is the person to whom the travel document was issued. (e) Sharing of manifest information. Information contained in the crew member and non-crew member manifests required under 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. (f) Master crew member and non-crew member lists. Air carriers subject to the requirements of this section must also comply with the requirements of §122.49c pertaining to the electronic transmission of a master crew member list and a master non-crew member list as applied to flights departing from the United States. (g) Superseding amendments issued by TSA. One or more of the requirements of this section may be superseded by provisions of, amendments to, or alternative procedures authorized by TSA for compliance with an aviation security program, emergency amendment, or security directive issued by the TSA to an air carrier subject to the provisions of 49 CFR part 1544, 1546, or 1550. The amendments will have superseding effect only for the airline to which issued and only for the period of time they remain in effect. [CBP Dec. 05–12, 70 FR 17855, Apr. 7, 2005] (a) Shipper's Export Declarations—(1) Other than shipments to Puerto Rico. For shipments other than to Puerto Rico, at the time of clearance, the aircraft commander or agent shall file with the port director of the departure airport any Shipper's Export Declarations required by the Bureau of the Census (see 15 CFR part 30). (2) Shipments to Puerto Rico. For flights carrying shipments to Puerto Rico from the U.S., the aircraft commander or agent shall file any Shipper's Export Declarations required by the Bureau of the Census (see 15 CFR part 30) upon arrival in Puerto Rico with the port director there. (b) Inspection certificates. The aircraft commander or authorized agent shall deliver a proper export inspection certificate issued by the Veterinary Service, Animal and Plant Inspection Service, Department of Agriculture (9 CFR part 91), to the Customs officer in charge at the time of departure of any aircraft carrying horses, mules, asses, cattle, sheep, swine, or goats. [T.D. 93–61, 58 FR 41426, Aug. 4, 1993] (a) Aircraft departing from the U.S. One copy of the air cargo manifest shall be used as a clearance certificate when endorsed by the port director to show that clearance is granted. (b) Scheduled aircraft. If a scheduled aircraft clears at an airport which is not the airport at or nearest the place of final take-off from the U.S., two copies of the air cargo manifest shall be filed. One copy shall be used as a clearance certificate when endorsed by the director of the port where clearance is obtained, and the second copy shall be attached to the first for use at subsequent U.S. ports. If a shipment is exported under an entry or withdrawal for exportation, or for transportation and exportation, the air cargo manifest, the air waybill, or the consignment note attached to the manifest shall clearly show the following information for each entry or withdrawal: (a) Number; (b) Date; and (c) Class of entry or withdrawal, as follows: (1) Transportation and exportation; (2) Withdrawal for transportation and exportation; (3) Immediate exportation; (4) Withdrawal for exportation; or (5) Withdrawal for transportation. The name of the port where the entry or withdrawal was filed, if not the port where the merchandise is laden for exportation, shall also appear on the air cargo manifest. (a) Other than Puerto Rico. An air cargo manifest shall be filed for aircraft transporting cargo between the U.S. and U.S. possessions. Shipper's Export Declarations are not required for shipments from the U.S. or Puerto Rico to the U.S. possessions, except to the U.S. Virgin Islands or from a U.S. possession and destined to the U.S., Puerto Rico, or another U.S. possession. (b) Puerto Rico. When an aircraft carries merchandise on a direct flight from the U.S. to Puerto Rico, any required air cargo manifest or Shipper's Export Declarations shall be filed with the appropriate port director at Puerto Rico. [T.D. 88–12, 53 FR 9292, Mar. 22, 1988, as amended by T.D. 93–61, 58 FR 41426, Aug. 4, 1993] Customs officers may verify any of the statements required under this subpart by examining the shipping records of the airline involved.
Title 19: Customs Duties
PART 122—AIR COMMERCE REGULATIONS
Subpart H—Documents Required for Clearance and Permission To Depart; Electronic Manifest Requirements for Passengers, Crew Members, and Non-Crew Members Onboard Commercial Aircraft Departing From the United States
§ 122.71 Aircraft departing with no commercial export cargo.
§ 122.72 Aircraft departing with commercial export cargo.
§ 122.73 General declaration and air cargo manifest.
§ 122.74 Incomplete (pro forma) manifest.
§ 122.75 Complete manifest.
Authorized Agent____________________§ 122.75a Electronic manifest requirement for passengers onboard commercial aircraft departing from the United States.
§ 122.75b Electronic manifest requirement for crew members and non-crew members onboard commercial aircraft departing from the United States.
§ 122.76 Shipper's Export Declarations and inspection certificates.
§ 122.77 Clearance certificate.
§ 122.78 Entry or withdrawal for exportation or for transportation and exportation.
§ 122.79 Shipments to U.S. possessions.
§ 122.80 Verification of statement.
