APIS Reporting Requirements

Complete reporting requirements may be found in the final rule in the April 7, 2005 Federal Register and in the applicable CBP regulations found 19 CFR 122, Subpart E.

On August 23, 2007 Customs and Border Protection released a Final Rule (220 KB, PDF) implementing changes to the timeline for APIS submissions for international Part 135 flights. These changes will take effect on February 19, 2008.

The rule requires the following APIS submissions:

In General

For Passengers

Arrivals to and Departures from the United States – Operators using “APIS 30” must submit passenger manifests in batch form by an interactive or non-interactive method no later than 30 minutes prior to securing aircraft doors for departure. Operators using “APIS Interactive Quick Query” are allowed to transmit manifest information as each passenger checks in, up to, but no later than, the time aircraft doors are secured

For Crew Member and Non-Crew Members

Arrivals to and departures from the United States – Crew/Non-Crew information needs to be submitted no later than 60 minutes prior to departure of the aircraft.

Additional/Special Reporting Requirements

1) Air ambulance flights flying to or from the U.S. in service of a medical emergency are required to submit APIS.

Arrivals – Passenger, crew member and non-crew member information must be submitted no later than 30 min prior to arrival to the United States.

Departures – Passenger, crew member and non-crew member information must be transmitted to CBP no later than 30 minutes after departure.

2) Diversions to the United States.

Passenger, crew member and non-crew member information must be submitted for flights not originally intended for US but diverted, no later than 30 minutes prior to arrival to the United States.

3) Foreign aircraft continuing within the United States.

Crew Member and non-crew member information must be submitted for flights continuing within the United States, no later than 60 min prior to departure from the U.S. port of arrival.

4) Overflying the United States.

Crew Member and non-crew member information must be submitted no later than 60 minutes prior to departure from foreign port or place of departure.

Definitions

Departure

‘‘Departure’’ means the point at which the aircraft’s doors are closed and secured for flight.

 

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.

 

Non-Crewmember

“Non-crew member’’ means air carrier employees and their family members and persons traveling onboard a commercial aircraft for the safety of the flight (such as an animal handler when animals are onboard). The definition of ‘‘non-crew member’’ is limited to all-cargo flights. (On a passenger or dual flight (passengers and cargo), air carrier employees, their family members, and persons onboard for the safety of the flight are considered passengers.)

 

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.