Member's Home Forums General Discussion Bahamas / Caribbean Caribbean Aeronautical & Regulatory A $5,000 US Customs eAPIS Penalty

Guidance Requested: We made a mistake and landed in Puerto Rico in our Cessna 172 XP without having filed for eAPIS permission. Now we have a $5,000 fine and demand for payment from US Customs and Border Protection. It was our novice carelessness that slipped our mind when we changed our IFR flight planned destination while enroute.

After four days grounded with engine repairs at Provos Air Center, Providenciales,Turks and Caicos Islands, we departed at 4 PM on an IFR flight plan to Punta Cana. With favorable tailwinds at 11,000 we decided to extend our flight to Puerto Rico. Amended clearance was received from ATC and we were looking forward to being back in the US.

It was only after we landed in Borinquen, Puerto Rico that U.S. Customs asked us for our eAPIS confirmation. It was an embarrassing error that will always serve to remind me for the future.

We would greatly appreciate expert advise on how to respond to the U.S. Customs and Border Protection's Penalty and Demand for $5,000.00. We recognize our oversight does cost the US Government extra expense to respond and deal with our unannounced arrival. They have additional reports they have to complete and subsequent investigation to verify that we are friendly and legal.

With that said, $5,000 is a painful, financial hardship for me at this point in my flying career. Ideas that may help us deal affirmatively with this situation are appreciated.

Background: Our trip began in Raleigh, NC and 15 days later we arrived in Posada, Argentina. This was my first trip to the southern Bahamas, Caribbean and South America. AMAZING, EXCITING, CHALLENGING AND FUN! Here is a website/blog set up by my Dad to chronicle the event. www.starexod.wordpress.com

WOW, what a trip but what a painful experience with CBP.

First, normally CBP issues a warning to first time errors before issuing a fine. What CBP port did you land at in Puerto Rico? Could you scan and send us the document that they gave you? If you can please send to info@caribbeanskytours.com

We can reach out to the person over the eAPIS enforcement to see what his thoughts and opinions are. We had specifically discussed the limitations that GA aircraft have in their ability to communicate while in the air. At the time we were talking about the 30 minute requirement for changing ports which a typical GA aircraft would be unable to complay with as they normally do not have anything but a VHF radio. Were there any extenuating circumstances that prompted your decision to change destinatin while in the air?

I would also recommend contacting the AOPA legal department to determine what other legal recourse you may have.

US Customs Penalty for Flight Into Puerto Rico


Steele Scott
12:55 PM (1 minute ago)

to info, Ivan
Rick,
Thank you for responding to my blog and for your help! Attached is the US Customs Penalty document and two draft versions of my responding letter to the Demand. The first is my draft and the second is an attorney's draft from the US Virgin Islands that is a favor to me. That attorney is a labor attorney that is based in St. Croix and had a similar violation by flying a his private aircraft into or out of the US without filing the eAPIS. His fine was reduced to $500.

We landed in Borinquen, Puerto Rico. Extenuating circumstances are described in the two letters from slightly different points of view.

3 attachments — Download all attachments

US Customs Penalty.tif
381K View Download
DRAFT US Customs Penalty Response.pdf
43K View Download
Proposed letter from Steele to CBP Puerto Rico (1).doc
22K View Download

Argentina Express Ferry Flight website, www.starexod.wordpress.com

Hi Steele, I will take a look at them. What can I share with our CBP contact in Washington? What telephone number can I reach you at on Monday?

Rick,

Thank you. Everything can be shared with Customs as you see deem appropriate. My cell phone number is 203-520-7525. email: steeleinvest@gmail.com.

US Customs has given 60 days for me to respond to the Penalty and Demand. My deadline is February 14. I look forward to your call.

On Tuesday, I leave for Minnesota from North Carolina to pick up a Cessna 182. The C182 will be ferried to Argentina in March.

Rick,
Any luck so far with your CBP contact(s)?

Rick,
I am back from Cessna 182 ferry flight. Any luck with the CBP folks in DC? Is it OK if I give you a call?

Hello Steele, yes we have made progress and your case is now being reviewed by persons within CBP in Washington. While there are no guarantees of any kind, we explained your case and the circumstances involved. I have also frowarded them a copy of the fine that you sent us which has been extremely helpful.

In the meantime, CBP in Washington has asked that YOU DO NOT PAY the fine at this time until they have explored your case fully.

Rick,
Please allow me to express my gratitude for your help with this difficult situation with the U.S. Customs and Border Protection for my inadvertent landing without the proper eAPIS filing. $5,000 penalty would be a hardship that is difficult to overcome in this economy.

Although, I understand its purpose and respect the difficult and expensive task to protect our country and borders. My mistake does cost extra time and expense for the U.S. Government as they have additional reports and investigation requirements.

Thank you!

Rick,
Checking in to say thanks again and see if we made any progress.
Regards,