As we approach the peak travel season, we want to sensitize pilots to the latest CBP “hot topics” to help pilots avoid having an unpleasant journey. Unfortunately, there has been a surge in penalty cases recently and we want to help each of you to not be a part of that.

As of this Monday, October 07, the top 3 reasons for Penalty Cases on General Aviation are:
Top 3 Causes of Penalty Cases:

1) Failing to secure Permission to Land from CBP at the Airport Of Entry into the USA
2) Obtaining a Departure Clearance
3) Errors in APIS Data

These are not the only reasons for penalty cases, but these are currently at the top of the list.

Failing to secure Permission to Land: For those that have not flown internationally in a while, CBP is enforcing the requirement that in addition to properly processing eAPIS, the pilot MUST contact CBP at the port to obtain Permission to Land. You CANNOT show up at a port without doing this. We know that in the past certain ports not only did not enforce it, but they also specifically told pilots not to call. This is no longer the case, and those very same ports are now issuing penalty cases for this failure.

Obtaining Departure Clearance: After submitting your eAPIS manifest, you must receive an email from the Department of Homeland Security (DHS) authorizing your departure. You CANNOT depart without receiving this clearance. While that email procedure has been around since the beginning of the eAPIS program, the text in that email has changed significantly and the text is different in the email for a flight Departing the USA versus a flight Arriving in the USA. Please read these emails carefully as they contain very specific instructions on what we are supposed to do. There has been a surge in aircraft departing the US where the pilot either forgot to submit eAPIS or submitted eAPIS but never received the clearance because of issues with the APIS portal they were using (usually a 3’rd party) and the manifest was never received by CBP. If you are wondering “how would they ever know?”, believe us, they know. An additional twist on this topic is if anyone on board the aircraft was in the USA under a VISA. If CBP does not receive notification that persons who entered the USA with a VISA have departed the USA, then as far as CBP knows, they are still inside the USA. This could create serious problems for those persons down the road when they try to reenter the USA. Again, if you don’t get the clearance email, you ARE NOT cleared to depart.

Errors in eAPIS Data: What you submit must be correct. Some of the errors that have occurred lately are where 2 people in a family have the same, or similar, name and when using an eAPIS App for filing eAPIS the pilot selects the wrong person and submits data for someone NOT on the aircraft but fails to submit data for the person who is actually aboard the aircraft. A related topic that we have seen is where the pilot or passenger submits the correct data but arrives without the passport or with an incorrect passport (spouse, child). Not only will this be an issue when returning to the USA but it can also be a serious issue when arriving in a foreign country. We have seen persons denied entry into a country and assessed very significant fines from that country on the PIC.

We recommend that pilots develop an additional supplement to their “Before Engine Start” checklist when conducting an international flight. Here a re some items we suggest along with what you should look for:
• Departure APIS filed and clearance received (Every country may have its own APIS)
• Arrival APIS filed and clearance received (Every country may have its own APIS)
• Passports presented and verified against APIS manifests (Name matches APIS manifest EXACTLY, passport number, 6 months left before expiration, 2 pages empty)
• Overflight Permits received and Permit Numbers available to crew in the cockpit (ATC sometimes asks for it before granting clearance into airspace)
• Verify that nobody has brought a firearm aboard without required documentation for all countries and for re-importation into the USA (for USA, approved CBP Form 4457 BEFORE you leave the USA, each foreign country has its own)
• Approved CBP Form 4457 for reentering the USA with High-end jewelry, watches, photographic equipment to prove origin
• Verify that nobody has brought more than $10,000 USD in cash, instruments, gold, silver or jewels with them without declaring it (you would be amazed at what we have seen get confiscated)

CST Flight Services (Formerly: Caribbean Sky Tours)
www.cstflightservices.com