AOPA Turbine Pilot Magazine - September 2024 - 24

FOR THE RECORD
The elephant
CBP rules for crossing the border by private aircraft
BY IAN ARENDT
FLYING ACROSS THE U.S. border can be a rewarding experience-
nothing quite compares to flying yourself to a faraway land. But
crossing the border, in either direction, requires careful preflight
planning. Not only are there special rules to adhere to when flying
outside the United States-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 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 before you
travel you might be required to obtain a restricted radiotelephone
operator 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 United States, 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 (such as adding a last-minute passenger),
the eAPIS must be amended or resubmitted and separate approval
received before departure.
For arrivals into the United States, 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
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AOPA PILOT / September 2024
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 fact sheets, 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. 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 United States 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 plan 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 on hand 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
legal counsel immediately.
ian.arendt@aopa.org
IAN ARENDT is an
in-house attorney with
AOPA's Legal Services
Plan and a private
pilot who owns a Piper
PA-12 Super Cruiser.
AOPA Turbine Pilot Magazine - September 2024

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