You are on page 1of 68

International Operations

and Regulatory Update:

February 06, 2015

Schedulers & Dispatchers Conference | San Jose, CA | February 3 6, 2015

Adam Hartley
Manager, Charter Management Team

Increasing regulatory environment

U.S. Customs and

Border Protection
Best Practices and Information

Customs and Border Protection:

Customs notification
Part 91 Private/Non-Revenue
File with APIS Inbound/Outbound
Required Documents

Customs Declaration Cards

(CF 6059B)
Customs Decal

Customs and Border Protection:

Customs notification
Customs Form 6059B
Customs Declaration

Customs and Border Protection:

Customs notification
Part 135 Non Scheduled Commercial/Charter
Transmit inbound APIS

Fax general declaration
Follow-up phone call to obtain approval
Transmit outbound APIS

Customs and Border Protection:

Customs notification
Part 135 Non-Scheduled Commercial/Charter
Required documents

General declaration (CF 7507)

Customs Bond (CF 301)
Crew Declarations (CF 5129)
Aircraft/Vessel Report (CF I-92)
Crewmans Landing Permit (CF I95 for non-U.S. crew only)

Customs and Border Protection:

Customs notification (continued)

Customs Form 7507

General Declaration

Customs Form 301

Customs Bond

Customs and Border Protection:

Customs notification (continued)

Customs Form 5129

Crew Declarations

Customs Form I-92

Aircraft/Vessel Report

Customs and Border Protection:

Customs notification (continued)
Customs Form I-95
Crewmans Landing

Update: Electronic I-94 Form

CBP is phasing out the old I-94 forms
When eAPIS is filed, CBP will print out the I-94 form for passenger

Electronic form will be available for printing at any time

CBP will distribute a tear sheet at the time of inspection
Not readily available yet in most GA customs clearance locations

Customs and Border Protection

Airports of Entry
Usually 24/7 hours of operation
1-hour notification required
Southern-border airports/first port of entry
entering the U.S. from the south
Landing rights
Prior permission required to land
Usually 24-hours notice required
User Fee
Costs associated with user-fee airports

U.S. Customs Decal

What is a Customs Decal?

Obtaining a decal

Valid for a calendar year

Registry specific

Customs and Border Protection

Notification process
Information required by agents
Availability of facilities
Airport with facilities
Airports without facilities
Notification and Process

Customs and Border Protection

Private/non-revenue (Part 91) APIS
Different than commercial and charter operations because:
CBP deviated from the WCO/IATA
PAXLST format
Additional data fields added to end the
requirement for operators to present a
competed CF178 on arrival
Customized for general aviation and
subject to evolve

Customs and Border Protection

Commercial operators
UNEdifact (Commercial APIS)
It is a standard Electronic Data Interchange (EDI) message set
approved for the use by the United Nations/Electronic Data
Interchange for Administration, Commerce and Trade (UN/EDIFACT)
under the auspices of the United Nations Economic Commission for
Europe (UN/ECE)
The International Air Transport Association (IATA) and the World
Customs Organization (WCO) adopted the Passenger List (PAXLST)
message set for use by all scheduled air carriers for the transmission
of passenger and crew data to border-control authorities in the United

Customs and Border Protection

Commercial Operators (continued)
Carrier Code
Master Crew List (MCL)
It is the operators list of crew members and associated crew data
on file with the U.S. Transportation Security Administration (TSA)
Operators conducting a commercial/charter flight into or out of the
United States are required to have all crew members on the flight
listed on their MCL in advance
Operators complying with the TSA Twelve-Five Standard Security
Program are required to maintain a MCL

Customs and Border Protection

Commercial Operators (continued)
Permit to Proceed

Form & GenDec (CF 7507)

Needed from departing port

Outbound Clearance

Outbound APIS
GenDec (CF 7507)

CBP Sidebar APIS Accuracy

Trusted APIS Submitter Program
Threat Level (Today, Elevated, Imminent)
Operator Level of Data (Not Trusted / Trusted)

(Denied, Restricted, Open)



(Full, Expedited)

Complete, Accurate, Timely

High Goals + Expectations

Customs and Border Protection

United States Visitor and Immigrant Status Indicator
Technology (USVisit) Program
US-VISIT requires that most foreign visitors traveling to the U.S.
on a visa have their two index fingers scanned and a digital
photograph taken to verify their identity at the port of entry. Most
international airports are equipped with the full-ten- fingers
scanners now.
The US-VISIT program will enhance the security of U.S. citizens
and visitors by verifying the identity of visitors with visas

Customs and Border Protection Immigration

Visa Requirements
Crew Visas
Non-U.S. crew on a PRIVATE vessel should enter the U.S. on a B1/B2
visa, not a C1/D visa.
Crewmembers on charter or commercial aircraft must enter the U.S. on a
C1/D visa.
Arriving the U.S. on a commercial aircraft with the intent to depart on a
PRIVATE aircraft a B1/B2 visa is required OR enter under the VWP
Crew arriving the U.S. commercially departing on a NON-schedule
commercial operation out of the U.S. must present a C1/D visa or enter
under the VWP
Always just suggest both for non-U.S. crew, B1/B2 and C1/D.

Passenger Visas

Customs and Border Protection

U.S. Customs Pre-clearance available at Shannon,
Ireland (EINN)
Available for Private & Charter (on a case-by- case basis)

NLT 48 hours prior to notification to arrange

Hours of Operation
Daily 0700 to 1500

Customs and Border Protection

U.S. Customs Pre-clearance available at Shannon,
Ireland (EINN)
Aircraft must arrive in a U.S. airport authorized to handle agriculture
by the USDA and CBP
Full Clearance All Crew/Pax off at airplane and into the terminal
A list of USDA-approved airports and FAQ sheet available on
Aircraft no longer required to shutdown APU while inspection taking place if
the exhaust is 8 feet or higher from the ground

U.S. Border Overflight


Update: New BOE requirements

Implemented June 17, 2013
Removed requirements for Airports of Origin/Arrival
Removed passenger requirements
Standardization for all BOE approval letters
Only A/C and crew required now

EAPIS driven

Visa Waiver Program

Best Practices

Visa Waiver Program

The Visa Waiver Program (VWP) enables citizens of certain
countries to travel to the United States for tourism or business
for 90 days or less without obtaining a visa
38 countries are participating at this time:
Andorra, Iceland, Norway, Australia, Ireland, Portugal, Austria, Italy, San Marino,
Belgium, Japan, Singapore, Brunei , Liechtenstein, Slovenia, Slovakia,
Denmark, Luxembourg, Spain, Finland, Monaco, Sweden, France, the
Netherlands, Switzerland, Germany, New Zealand, United Kingdom, Czech
Republic, Estonia, Hungary, Republic of Korea, Latvia, Lithuania, Greece,
Malta, Taiwan, Chile (May 2014)

Signatory Carrier Status: 7 year validity

Non-U.S. Based operators:
Only Commercial operators can make new applications at this time
CBP & DOT still honoring valid contracts that have not expired

Visa Waiver Program

Must be a citizen of one of
the 38 participating countries
Possess a valid passport
Seek entry for 90 days or less
Corporation must have proof of
financial solvency
Must show proof of a return ticket
I-94W form no longer required

Visa Waiver Program

Electronic System for Travel Authorization (ESTA)
Effective Jan. 12, 2009, all VWP travelers will be required to obtain an
electronic travel authorization prior to boarding a carrier to travel by air
or sea to the U.S. under the VWP.
Log onto the ESTA Web site at and complete
an online application in English. Travelers are encouraged to apply
early. The Web-based system will prompt you to answer basic
biographical and eligibility questions typically requested on a paper I94W form.
Applications may be submitted at any time prior to travel; however, the
Department of Homeland Security (DHS) recommends that
applications be submitted no less than 72 hours prior to travel. In most
cases, you will receive a response within seconds.

TSA Waivers

TSA Waivers
TSA Waiver Requirements
U.S. Registered Aircraft whose MTOW is 100,309 lbs. (45,500kgs) or less a
waiver is not required
U.S. Registered Aircraft whose MTOW is greater than 100,309 lbs.
(45,500kgs) waiver required only when overflying the U.S. (e.g. CYUL
Aircraft registered in Mexico, Canada, Bahamas, Bermuda, Cayman Islands,
British Virgin Islands with a MTOW of 100,309 lbs. or less operating to, from,
or within the U.S. or originating and arriving in any of these countries
overflying the U.S. waiver is not required (e.g. TXKF MMMY)
Aircraft registered in Mexico, Canada, Bahamas, Bermuda, Cayman Islands,
British Virgin Islands with MTOW of 100,309 lbs. or less overflying the U.S.,
either not originating or not arriving in any of these countries waiver is
required (e.g. MMTO-EINN or MGGT to CYUL)

TSA Waivers
TSA Waiver Requirements
Aircraft registered in Mexico, Canada, Bahamas, Bermuda, Cayman Islands,
and British Virgin Islands with a MTOW greater than 100,309 lbs. operating
directly to or from the U.S. - a waiver is not required
Aircraft registered in Mexico, Canada, Bahamas, Bermuda, Cayman Islands,
British Virgin Islands with a MTOW greater than 100,309 lbs.. operating within
or overflying the U.S. - a waiver is required

Foreign-registered aircraft from countries not mentioned previously operating

directly to or from the U.S. only - a waiver is not required (e.g. EGGW-KTEBEGGW)
Foreign-registered aircraft from countries not mentioned previously operating
within the U.S. or overflying the U.S. - a waiver is required

TSA Waivers
TSA Waiver Application Process
Single-Trip Waiver
Single-Aircraft Waiver valid up to 89 days

Fleet Waiver
2 or more aircraft valid up to 90 days

3 to 5 business days processing time

TSA Form 407
Supply information on Operator, Aircraft, Crew and Passengers, and
Fill out Security Statement

TSA Waivers
TSA Waiver Application Process

Approval Process
TSA Airspace Access Program
Vetting Office

Approval Information
Route of Flight


FAA Special Routing


FAA Special Routing Clearance

Applicable to ALL aircraft registered in Special Interest Countries:
China, Russia, Syria, Iran, Sudan, Cuba, and North Korea.

Required to obtain specific routing approval through

the FAA Air Traffic System Operations Security
Applicable for all routing over U.S. Territorial Airspace
13 NM from U.S. Coastline
Includes all 50 states, Puerto Rico, U.S. Virgin Islands, Northern
Mariana, and Guam

FAA Special Routing Clearance

Steps for Application:

Submit planned routing request with TSA Waiver Authorization # to FAA

FAA will alter route as it sees fit and return specific approved routing
Deviation only allowed for safety reasons, ie. weather
Valid for up to 24 hrs

Global APIS
Best Practices

Global APIS
Legislation has been passed that obliges APIS to transmit to the ten
participating member states within a single domestic airspace for all
air and sea carriers arriving at, or departing from, each member state.
Member states include Antigua, Barbuda, Barbados, Dominica,
Grenada, Guyana, Jamaica, St. Kitts, Nevis, St. Lucia, St. Vincent, the
Grenadines, Trinidad, and Tobago
JRCC Office, established early 2011 in Barbados, monitors
compliance with CARICOM. CARICOM is currently in a grace period,
but fines up to $100K per violation in the works pending development
of consistent control activities

Global APIS
Which countries will implement an APIS requirement next, and what operators
will it affect?

Mexico, CARICOM, China, and Costa Rica already have

requirements for APIS for GA
EU Countries (eBorders) have moved to implement the
system and we are awaiting a start date
Canada, Japan, India, Russia, Australia and 25+ other
countries already have APIS requirements in place for
scheduled commercial airlines

CANPASS Private and

Corporate Air Programs
Canadian Customs

Telephone Reporting
All travellers arriving on a private, company-owned or small charter
aircraft carrying no more than 15 passengers (including crew), must
use the telephone reporting system to get permission from an Officer
to enter Canada


CANPASS Private Air

While all small aircraft must use the telephone reporting system to
arrange clearance, there are different procedures for travellers with
CANPASS Permits and for travellers without permits.

Itinerant travellers without CANPASS Permits Must:
Call 1-888-CANPASS at least two hours prior to arrival
The pilot will provide details of the aircraft and passengers
Can arrive only during regular Customs business hours at a
designated Airport Of Entry (AOE); and
Must stay with the aircraft until an officer has arrived and completed
the clearance process

CANPASS Permit Holders May:
Call 1-888-CANPASS at least two hours prior to arrival, providing
the same information as itinerate aircraft;
Arrive at any AOE or CANPASS approved site anytime it is open for
landing, even if it is after Customs hours of operation; and
Proceed to destination if the arrival time corresponds with that
phoned in earlier and no Officers are present

CANPASS Permit Holders May Not operate as a permit
flight if they are:
Transporting any person who is not a permit holder;
Transporting any commercial goods; and/or
Transporting any goods which are prohibited, controlled or

Limits the movement of passengers and goods within the territory of a
country to the countrys own air carriers
Restricts foreign carriers to international movements

Cabotage - Open Skies

Established January 2012
The Open Skies Agreement provides criteria under which U.S. or
Canadian air carriers can operate charters in each others territories.

It allows for designated airlines to carry international charter

passengers and/or cargo between any point or points with unlimited
stopovers in either country.
Joins similar agreements between the U.S. and EU, Japan, Australia,
and Switzerland

Movement of the passengers between the two locations in Canada is
not restricted as long as it is part of an overall charter contract.
No cabotage violation occurs provided the movement is a continuation
of the original charter and the carrier is transporting the same
passengers to their next destination.

Any foreign aircraft involved in an unauthorized cabotage movement
will be deemed to have been imported into Canada for the purposes
of that flight and will be subject to Good and Services Tax of 5% on
the value of the aircraft.

Mexican Navigation

Mexico - SENEAM Fees

Overflight Fees
Calculated using the GCD between entry and exit FIR boundaries
Dependent on aircraft wingspan
Self-determination process

Overtime Fees
Different from local airport fees
Dependent on time on ground
Self-determination process

Aircraft Classification & Fees

Aircraft Classification by Wingspan
Small Aircraft
Type A

Type B

Up to 16.7 m and

16.7 m to 25.0 m

Medium Aircraft

Large Aircraft

25.0 m to 38.0 m

Over 38.0 m

Fees Per Kilometer Flown

Small Type A Aircraft


Small Type B Aircraft


Medium Aircraft


Large Aircraft


Fee Payment Process

Done online at

Must be done by month and year
Process is in Spanish only
Service provider assistance strongly recommended
Payment must be made by wire transfer through a Mexican bank or
by personally going to any bank in Mexico
Overtime fees and overflight fees are paid separately

No-Fly List

Latest was released January 15, 2014

All operators and aircraft that owe fees to SENEAM are listed
Fees do not include late charges and actualization charges
Fees go retroactive to 2005

Passenger Duty

UK APD (Passenger Tax)

Fee must be paid for all passengers departing from any airport in the
Fee is based on size of aircraft and distance to capital city of the
country of destination
Operators with approximately 12 flights per year are not required to
register with the HRMC. They will be considered Occasional Users

UK APD (Passenger Tax)

Increase in Fees to began April 2014

Band A (0-2000 miles)

Band B (2001-4000 miles)

Band C (4001-6000 miles)

Band D (Over 6000 miles)

SMS Safety
Management Systems

SMS regulatory landscape

Observations as of Dec. 2014
ICAO Standards and Recommended Practices
Annex 6 Part I
International Commercial Air TransportAeroplanes

Annex 6 Part II
International General Aviation

ICAO guideline issuance date



What the ICAO guideline


Member states shall create regulations requiring

operators to implement a SMS

Operators of non-commercial aircraft over 12,500

lbs (5,700 kg) or turbojet powered aircraft must
have a SMS in place when flying internationally

Operator segment affected

Scheduled commercialfor-hire, e.g. U.S. Part


e.g. U.S. Part 135

Section 3 Large and Turbojet Aeroplanes, e.g.

U.S. Part 91

SMS required for stateregistered aircraft





Hong Kong

Cayman islands




Hong Kong

United Arab Emirates

United Arab Emirates


SMS required for transient


Future outlook

Cayman islands

28 Oct 2012: EASA have given member states up

to two years (deadline 28 Oct 2014) to implement
SMS regulations

2013-2015: Canada is expected to implement

SMS regulations


Future of EU-ETS - Administrative

March 31, 2015 Reporting Deadline
< 1,000 t/co2 annual emissions exemption threshold
2013 + 2014 Separate reports due
Only EU-EU Flights applcable

Carbon Trading Period (2012-2020)

Registry Accounts
3rd Party Representation
Surrendering of Credits due: April 30, 2015

Contact information
Adam Hartley: Manager, Charter Management Team
Direct Line: 713-378-8075
Mobile Line: 281-460-1867

Thank You!