$6.2

Landing requirements.

(a) Place of landing. Every aircraft coming into any area from any place outside thereof shall land in such area unless exempted from this requirement by the Administrator of the Federal Aviation Agency, Washington 25, D.C. The first landing shall be at an international airport unless permission to land elsewhere shall first be granted, except that permission to land is not required for an emergency or forced landing. In the case of scheduled aircraft operated by scheduled airlines, such permission shall be granted by the Bureau of Customs, and in all other cases by the collector of customs or other customs officer in charge at the port of entry or customs station nearest the intended place of first landing. For procedure to be followed in case of emergency or forced landing see paragraph (g) of this section. When the Bureau of Customs grants permission to land elsewhere than at an international airport, the Bureau shall immediately notify the heads of the Public Health Service, the Immigration and Naturalization Service, and of any other agency likely to be concerned with the landing, and, when a collector or other customs officer grants such permission, he shall immediately notify the principal local officer of each such agency. In cases where such permission Is given, the owner, operator, or person in charge of the aircraft shall pay the additional expenses, if any, incurred in Inspecting the aircraft, passengers, employees, and merchandise, including bag

gage, carried therein. When such permission is granted to a scheduled airline to land aircraft operating on a schedule, no inspection charge shall be made except for overtime service performed by customs officers.

(b) Advance notice of arrival. (1) Before an aircraft comes into any area from any place outside the United States, for security reasons, and in order to avoid the penalties provided for in § 6.11, a timely notice of intended flight must be furnished, either by or at the request of the commander of the aircraft, to the collector or other customs officer in charge at or nearest the intended place of first landing in such area. That officer shall notify the officers in charge of the other Government services. When, by reason such as departure from a remote place, dependable facilities for giving notice are not available, a landing shall be made at a place where the necessary facilities do exist before coming into any area from any place outside the United States. However, radio equipment of the plane may be used if this will result in the giving of adequate and timely notice. Advance notice shall not be required in the case of aircraft of a scheduled airline arriving in accordance with a regular schedule filed with the collector of customs for the district in which the place of first landing is situated. If, upon landing in any area, the aircraft commander finds that the Government officers have not arrived, the aircraft commander must hold the aircraft and any merchandise, including baggage, thereon intact, and keep the passengers and crew members in a segregated place until the inspection officers are available.

(2) Each notice of an intended flight shall specify the type of aircraft, the registration marks thereon, the name of the aircraft commander, the place of last departure, the international airport or other place at which landing has been authorized, number of alien passengers, number of citizen passengers, and the estimated time of arrival; and shall be sent so as to be received in sufficient time to enable the officers designated to inspect the aircraft to reach the international airport or such other place of first landing prior to the arrival of the aircraft.

(c) Permission to discharge or depart. No aircraft arriving in the United States from any place outside thereof, or in an area from another area carrying residue

foreign cargo (see § 6.9) shall depart from the place of landing, or discharge any passengers or merchandise, including baggage, without receiving permission from the customs officers in charge.

(d) Permit to proceed; foreign aircraft. (1) Aircraft are subject to customs entry when brought in for repairs or when otherwise treated as imported articles. Before an aircraft which is not treated as an imported article, which is registered in a foreign country, and which arrives in the United States carrying passengers for hire or merchandise is ferried (proceeds in ballast) from the airport of first arrival to one or more airports in the United States, its commander shall obtain from the collector of customs at the airport of first arrival a permit on customs Form 4449 allowing the aircraft to proceed from airport to airport in the United States, which shall be retained on board such aircraft while in the United States. At each airport visited, the customs officer there, or, if there is none, the airport manager, shall make an endorsement on the back of such permit showing the name of the airport, date and time of arrival, date and time of departure, and purpose of the visit. The permit shall be surrendered to the collector of customs at the port of final clearance for a foreign destination, who shall satisfy himself prior to the issuance of clearance that the aircraft received proper customs treatment while in this country. The permit shall then be returned to the collector of customs at the port of issue.

(2) A copy of the permit shall be retained by the collector at the port where issued. If within 60 days after the issuance of such permit the said collector does not receive a report of the outward clearance of the aircraft covered thereby, the matter shall be reported to the customs agent in charge of the area involved for investigation.

(3) Civil aircraft of domestic origin registered in the United States and arriving from a foreign country with passengers carried for hire or merchandise, after proper customs treatment of all such passengers and merchandise, may be allowed to proceed upon their identity being established. Civil aircraft of foreign origin registered in the United States and arriving from a foreign country in international traffic shall be subject to the following provisions:

(i) If such aircraft has been entered as an imported article and duty has been

paid on a previous arrival, it may b permitted to proceed otherwise than a an imported article upon a declaratio by the aircraft commander identifyin the port, date, and number of the duty paid entry filed upon such previou arrival.

(ii) If such aircraft has not bee entered as an imported article subjec to duty, in addition to any other docu ments required in connection with flight in continuation of the interna tional traffic, it shall proceed under permit on customs Form 4449 whic shall specifically identify the aircraf number, country of manufacture, nam of the manufacturer, flight number, port and date of arrival for the flight o which it arrived in the United States and action shall be taken thereon a specified in subparagraphs (1) and (2) of this paragraph. It shall proceed without being treated as an imported article only if it is in continuous us solely in international traffic or use in cidental thereto and will depart from the United States to a destination outside thereof in international traffic or in ballast. If such aircraft which has not been entered as an imported article is withdrawn from international traffic or diverted in the United States to a use other than international traffic or use incidental thereto, it shall be subject to entry as an imported article and dutiable at the rate in effect at the time of withdrawal or diversion.1

(e) Monthly and annual requests fo overtime services and licenses to unladı

1 The Bureau of Customs made the follow ing ruling on the status of foreign aircraf wrecked while engaged in internations traffic: "If the accident results in substantia demolition of the aircraft, no entry is re quired and no duty accrues with respect t any portion of the wreckage. If the acciden does not result in substantial demolition a the aircraft, and all salvageable portions and parts of the wrecked aircraft are exported the aircraft is not considered to have beer withdrawn from international traffic so al to subject the aircraft as a whole or an] portion or part thereof to regular custom entry and duty as imported merchandise However, if the accident does not result in substantial demolition of the aircraft and the wrecked aircraft or any salvageable por tion or part thereof is not exported, an entry is required for the retained damaged aircraft, or salvageable portion or part, as the case may be, and duties will be assessed thereon in accordance with its condition immediately after the casualty." T.D. 55063(1), March 4, 1960.

-nd lade. A special license on customs brm 3851 running for any period up to month and in multiples of months hereafter, but not to exceed 1 year nor nger than the period of the supporting end, may be granted to a scheduled rline to unlade passengers or merchanise, including baggage, or to lade merandise, including baggage, in the case any or all of its planes at night or on Sunday or holiday when customs pervision is required. The application r such a special license to lade or unde and request for overtime services of stoms officers shall be made on customs orm 3851. Such request for overtime rvices must show the exact times when Vertime services will be needed unless frangements are made so that the roper customs officer will be notified uring official hours in advance of the ervices requested as to the exact times hat the services will be needed. The pecial license shall not be granted until he required bond on customs Form 3587, 1567, or 7569 shall have been filed.

(1) Monthly and annual permits to unlade and lade. The collector may also ssue a permit running for any period to 1 month and in multiples of months thereafter, but not to exceed 1 year, to unlade or lade during official hours any or all of the planes of a scheduled airline.

Customs Form 3851 shall be used for such purpose.

(g) Emergency or forced landing. Should an emergency or forced landng be made by an aircraft coming Into the United States from any place utside thereof, or into an area from a lace outside the areas defined in § 6.1(c) the regulations of this part, or while raveling from airport to airport in the reas of the United States under a pernit to proceed (see § 6.9 (b) of the reguations of this part), the aircraft comnander shall not allow any merchandise, aggage, passengers, or crew members ot previously cleared by customs or ther applicable Government agency to e removed, or to depart from the landng place without permission of a cusoms officer, unless such removal or departure is necessary for purposes of afety, communication with customs authorities, or the preservation of life, health, or property. As soon as praclicable, the aircraft commander, or a member of the crew in charge, or the cwner of the aircraft, shall communicate with the customs officer at the intended place of first landing or at the nearest

international airport or other customs port of entry in that area and make a full report of the circumstances of the flight and of the emergency or forced landing. When an aircraft carrying precleared crew, passengers and baggage or merchandise lands for any reason at an airport in the United States other than the scheduled or intended port of arrival, written notice must be received from the airline representative or aircraft commander both at the customs office at the place of preclearance and at or for the place of intended landing within seven days, unless notice is otherwise given in accordance with a procedure previously agreed to with the carrier by the collector of customs involved. Mail carried as such may be removed from such aircraft upon making an emergency or forced landing, but if so removed shall be delivered at once to a responsible officer or employee of the Postal Service. (Sec. 14, 67 Stat. 516; 19 U.S.C. 1322) [28 F.R. 14626, Dec. 31, 1963, as amended by T.D. 56181, 29 F.R. 7420, June 9, 1964; T.D. 56288, 29 F.R. 14492, Oct. 22, 1964]

§ 6.3 Entry and clearance.

(a) Aircraft coming into any area from any place outside the United States shall be entered in such area if landing is made therein and if carrying passengers for hire or commercial cargo (see § 6.7). Aircraft proceeding from one area into another shall be entered in the latter area if landing is made therein and if carrying residue cargo. Aircraft not required to enter under this paragraph are subject to other customs requirements (see § 6.2).

(b) Entry shall be made by the aircraft commander, or by any other authorized agent of the owner or operator of the aircraft (hereinafter referred to as an authorized person)," at the inter

1a Section 431, Tariff Act of 1930, as amended (19 U. S. C. 1431): "(b) Whenever a manifest of articles or persons on board an aircraft is required for customs purposes to be signed, or produced or delivered to a customs officer, the manifest may be signed, produced, or delivered by the pilot or person in charge of the aircraft, or by any other authorized agent of the owner or operator of the aircraft, subject to such regulations as the Secretary of the Treasury may prescribe. If any irregularity of omission or commission occurs in any way in respect of any such manifest, the owner or operator of the aircraft shall be liable for any fine or penalty prescribed by law in respect of such irregularity."

national airport at which the first landing is made in the arca. If, pursuant to § 6.2 (a), the first landing occurs at a place not an international airport, entry shall be made at the nearest international airport or customs port of entry, unless some other place is designated for that purpose.

(c) Aircraft departing from an area for foreign territory carrying passengers for hire or merchandise, or to take aboard or discharge persons or merchandise anywhere outside the United States or carrying residue cargo from one to another area shall be cleared in the area from which departing. In accordance with provisions of regulations of the Bureau of the Census (15 CFR Part 30), any aircraft not otherwise required to clear which is carrying merchandise from one to another area, or from an area to any possessions of the United States, must obtain permission to depart (see § 6.8 of the regulations of this part). If an aircraft is departing on a flight from the United States and is not required to clear under the preceding provisions of this paragraph, it must, nevertheless, obtain customs clearance if by reason of the foreign destination of the aircraft a validated license from the Bureau of International Commerce is required by § 370.2 of the Export Control Regulations (15 CFR 370.2). Aircraft not under the export licensing authority of the Department of Commerce are subject to the export licensing authority of the Department of State and are specified in Category X in the United States Munitions List (22 CFR Part 121). Such aircraft may depart from the United States only under appropriate Department of State license whether or not subject to clearance under this section."

(d) The clearance or permission to depart shall be obtained by the aircraft commander or an authorized agent at

* Information regarding requirements under the regulations of the Departments of Commerce or State for licensing of aircraft departing from the United States, whether for temporary sojourn abroad or for export, may be obtained at any customhouse. Attention is specifically directed to § 371.25, Export Regulations, (15 CFR 371.25) which excepts departures of certain United States civil aircraft to certain destinations, including Cuba, from general license GATS, thereby requiring a validated license for such a flight. For licensing procedure for articles enumerated in the United States Munitions List, see 22 CFR Part 123.

the customs port of entry (whether not an international airport) at or nea est the place of last take-off from t area, unless some other place is desi nated for that purpose by the collect of customs.

(e) This section shall not apply to t entry of aircraft of scheduled airlin complying with the terms of § 6.4 to the clearance or departure of su aircraft complying with the terms § 6.5, nor to the clearance of any aircra holding a permit issued by the Sec tary of Commerce authorizing departu without clearance.

§ 6.4 Entry of aircraft of scheduled a lines.

(a) Aircraft operated by schedul airlines coming into any area from a place outside the United States shall entered in the area of first landing.

(b) Aircraft operated by schedul airlines coming from one area into a other area shall be entered therein carrying residue cargo (§ 6.9).

(c) Entry required by this section an area shall be made at the place landing provided for under § 6.2.

§ 6.5 Clearance of aircraft of schedule airlines.

(a) Aircraft operated by schedule airlines departing for any place outsi the United States may clear from th area of departure, but clearance shall mandatory only during any period co ered by a proclamation of the Preside that a state of war exists between foreig nations, or the aircraft is

(1) Beginning a flight in that area; (2) Carrying from that area mercha dise which must be listed in its gener clearance declaration (§ 6.8).

(b) Aircraft operated by schedule airlines departing from one to anoth area shall clear in the area from whi departing if carrying residue foreig cargo, and, when clearance is not r quired, if transporting merchandise fro one to another area or from an are to possessions of the United States sha obtain permission to depart from th collector of customs when required f the purposes of regulations of the Bu reau of the Census (15 CFR Part 30).

(c) Clearance required by this sectio or permission to depart may be obtaine by the aircraft commander or an at thorized person at the customs port entry (whether or not an internation airport) at or nearest each place &

(a) The forms described in §§ 6.7 and 8 shall be the primary documents reired for entry and clearance of airaft. The forms shall be approximately at not to exceed 81⁄2'' wide and 14'' long nd shall be on white bond paper that ill not discolor or become brittle within years. If these forms are dittoed or the entries on them are to be dittoed, he paper must be substance 40, 17" x 2. 1,000-sheet basis; if printed or pewritten, at least 25 percent rag, substance 26, 17" x 22", 1,000-sheet basis. These forms and the entries thereon Eust be dittoed, typewritten, or printed

the English language, with ink or dye that will not fade or "feather" within 20 fears. The forms to be used for the ntry and clearance of the aircraft, pasengers, crew members, and merchandise arried thereon shall be forms approved the Commissioner of Customs.

b) The forms described in §§ 6.7 and 8 may be obtained from collectors of astoms upon payment by the owner or perator of the aircraft. These forms ay be printed or dittoed by private arties, provided the forms so printed dittoed conform to the official forms arrently in use, with respect to size, ording arrangement, style and size of pe, and paper specifications. A small antity of each of the forms shall be t aside by collectors of customs for jee distribution and official use. 6.7 Documents for entry.

(a) At the time any aircraft arriving om outside the areas of the United tates lands in an area in which entry required by § 6.3 or 6.4, the aircraft ommander or an authorized person hall deliver an inward general declarajon on customs Form 7507, or on a form onforming thereto, and shall show hereon all of the information called or by the official form, unless any of

such information is otherwise furnished as provided in this section, and shall deliver any other applicable documents as specified in this section. If an aircraft proceeds from one to another area of the United States or from one to another port in the same area carrying residue cargo or uncleared passengers, the aircraft commander or an authorized person shall deliver the documents specified in § 6.9 (c) or (d).

(b) Some of the information called for by the official form of inward general declaration may be alternatively furnished as provided herein. Some of the documents specified herein may not be required on a separate sheet or form where it is indicated that the information required on such documents may be included with information on another document or form.

(1) Crew manifest: A crew manifest shall be furnished with the general declaration except upon arrival of an aircraft directly from Canada on a flight originating there in which case merely the total number of crewmembers need be shown on the inward general declaration. The crew manifest shall be furnished by showing the full name (surname, given name and middle initial) of each crewmember in the column headed "Total Number of Crew" on the inward general declaration, or by showing such names on a separate, appropriately identified document.

(2) Crew purchases: A crew purchase list shall be furnished with the general declaration. Articles entered by crewmembers not required to file crew declarations by paragraph (g) of this section shall be listed opposite the name of the crewmember on the general declaration or on a separate crew purchase list attached thereto. Any articles required by paragraph (g) of this section to be declared on Crew Declaration, customs Form 5123, need not be listed if such crew declarations are securely attached to the general declaration or attached list, and the following statement appears thereon:

Crew purchases as per attached Crew Declarations

In the case of an aircraft arriving direct from Canada on a flight which originated in that country, no crew purchase list shall be required, but any crew declarations shall be attached to the general declaration and the total number thereof shall be shown on the face of