International Operations and Regulatory Update and Border Protection United States Visitor and...

International Operations

and Regulatory Update:

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

February 06, 2015

Introduction 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

• Pre-notification

• Update

• 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

• Inbound

– Pre-notification

– Update

– Transmit inbound APIS

• Outbound

– 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)

‒ Crewman’s Landing Permit (CF I-

95 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

• Crewman’s Landing

Permit

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

– International

• Usually 24/7 hours of operation

• 1-hour notification required

– Designated

• 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

– https://dtops.cbp.dhs.gov/

• Valid for a calendar year

• Registry specific

Customs and Border Protection

• Agriculture

– Notification process

– Information required by agents

– Availability of facilities

• Airport with facilities

• Airports without facilities

– De-catering

• 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

States

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)

• Access (Denied, Restricted, Open)

• Clearance (Full, Expedited)

• Data: Complete, Accurate, Timely

• High Goals + Expectations

Customs and Border Protection

United States Visitor and Immigrant Status Indicator

Technology (US–Visit) 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 www.CBP.gov

• 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

Exemption

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 https://esta.cbp.dhs.gov 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 I-94W 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 – MMTO)

• 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-KTEB-

EGGW)

• 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

Itinerary

– Fill out Security Statement

TSA Waivers

TSA Waiver Application Process

• https://waivers.faa.gov/aap/te_pages.p_login

• Approval Process

– TSA Airspace Access Program

– FAA

– Vetting Office

• Approval Information

– Pilots

– Route of Flight

• Changes

FAA Special Routing

Clearances

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

Continued

• 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

CARICOM / 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 Form

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.

CANPASS

• 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

• 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

• 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

restricted.

Cabotage

• Limits the movement of passengers and goods within the territory of a

country to the country’s 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 other’s 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

Cabotage

• 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.

Cabotage

• Penalty:

– 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

Fees SENEAM

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 Medium Aircraft Large Aircraft

Type A Type B

Up to 16.7 m and

Helicopters

16.7 m to 25.0 m 25.0 m to 38.0 m Over 38.0 m

Fees Per Kilometer Flown

Small Type A Aircraft $0.20

Small Type B Aircraft $1.61

Medium Aircraft $4.65

Large Aircraft $4.97

SENEAM Fees

• Fee Payment Process

– Done online at http://seneam.gob.mx/e51/pasoper1.asp

– 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

SENEAM Fees

• 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

UK APD – Air

Passenger Duty

UK APD (Passenger Tax)

• Fee must be paid for all passengers departing from any airport in the

UK

• 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

ICAO Standards and Recommended Practices

Annex 6 Part I

International Commercial Air Transport-

Aeroplanes

Annex 6 Part II

International General Aviation

ICAO guideline issuance date 2009 2010

What the ICAO guideline

states

“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 commercial-

for-hire, e.g. U.S. Part

121

Non-scheduled

commercial-for-hire,

e.g. U.S. Part 135

Section 3 Large and Turbojet Aeroplanes, e.g.

U.S. Part 91

SMS required for state-

registered aircraft

• Australia

• Bermuda

• Canada

• Hong Kong

• Mexico

• United Arab Emirates

• Bermuda

• Hong Kong

• Mexico

• Bermuda

• Cayman islands

• Mexico

• United Arab Emirates

SMS required for transient

aircraft

• Bermuda

• Cayman islands

Future outlook • 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

SMS regulatory landscape

Observations as of Dec. 2014

EU-ETS

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

Email: ahartley@univ-wea.com

Direct Line: 713-378-8075

Mobile Line: 281-460-1867

Thank You!