Friday, January 17, :45 a.m. 10:15 a.m. PRESENTED BY: Jeffrey S. Basham

Transcription

1 Complete Regulatory Update for U.S./Canada/Mexico Operations Friday, January 17, :45 a.m. 10:15 a.m. PRESENTED BY: Jeffrey S. Basham Schedulers & Dispatchers Conference New Orleans, LA January 14-17, 2014

2 Government Agencies Regulatory (competency & safety) / Border (customs/immigration/quarantine), Economic (taxation & revenue) 2

3 United States Passport, Visa, Health Requirements Western Hemisphere Travel Initiative (WHTI) U.S., Canada. Mexico, Caribbean, & Bermuda Passport: required, travel by air Passport Card (Only valid for land/sea travel) Exemptions: Nexus Card (U.S. & Canada)?, I-551, etc Visa: required Nationals of Canada are exempt (air/land/sea) Nationals of Mexico require a visa when travel by air (land/sea exempt) Many natls max stay up to 90 days / Visa Waiver Program Health: Vaccinations not required. 3

4 United States Customs & Border Protection (CBP) For inward flights into the USA (AOE) International Airports Prior permission to land is not required as they are usually 24/7, HOWEVER, advance notice of arrival is required and notification requirements can vary by port. One hour minimum notification (telephone, radio, or RMK ADCUS) Landing Rights Airports Must obtain permission to land (landing rights) in addition to notification. May have limits on the number of travelers (crew & pax) 10, 15, 20. May not accept international garbage (Grbge Strip) Sequestration 4

5 United States Customs & Border Protection (CBP), cont User-Fee Airports Operators may have to reimburse the airport operator for the costs associated with their arrival. Costs can run from $100 - $950 (after hours/overtime). Many User-Fee CBP ports are also Landing Rights. May have limits on the number of travelers (crew & pax) 10, 15, 20. May not accept international garbage (Grbge Strip) Sequestration 5

6 United States Customs & Border Protection (CBP), cont Designated (Southern Border Crossing) Airports All private aircraft and air taxi/charter aircraft whose seating capacity up to 30 pax and payload up to 7,500 lbs must land US/Mexico border, Pacific side - south of 33 degrees north latitude, Atlantic side south of 30 degrees. Western Africa: Cape Verde (Sal Island/GVAC) Fiji (Nandi/NFFN) Bermuda/TXKF is above 33 n lat 6

7 United States Customs & Border Protection (CBP), cont 7

8 United States Border Overflight Exemptions and Recent Changes Recent success of the CBP and NBAA Security Council industry stake holders. Certain requirements for BOE applications have been waived as a matter of CBP s enforcement discretion. Passenger data (names, addresses, DOB, etc ) Airport(s) of intended first landing in the USA Foreign places of departure(s) All BOE will now allow operators to overfly designated CBP airports to where CBP services are normally available. CBP will no longer enforce the requirement that operators utilizing a BOE carry one approved passenger. Only aircraft and crew members listed within the BOE letter may be utilized. 8

9 United States Customs & Border Protection (CBP) - Update CBP Guide for Private Flyers Rewrite is in process Changes in eapis transmission for operations to/from the United States and U.S. Virgin Islands. 9

10 United States eapis (Private Part-91) Final rule - 19 CFR Part 122; transmit electronically to CBP passenger manifest information for each individual traveling onboard the aircraft notice of arrival and departure. Data must be received by CBP no later than: 60 minutes before departure from a foreign location. 60 minutes before departure from the US to a foreign location. By regulation, the pilot is held solely responsible for ensuring that the APIS manifest is transmitted to CBP in a manner that meets all quality standards. 10

11 United States eapis (Private Part-91), cont By definition, the United States for Private APIS purposes means the continental United States, Alaska, Hawaii, Puerto Rico, the Virgin Islands of the US, Guam, and the Commonwealth of North Mariana Islands. Once an confirmation has been received, assuming no special instructions, the flight can depart, even if within 60 minutes of the time of submission. 11

12 Unite States eapis (Commercial Part 135/129) UN/EDIFACT United Nations/Electronic Data Interchange for Administration, Commerce, and Trade. Codified by the World Customs Organization (WCO) and the International Air Transport Association (IATA) for worldwide use by carriers and border control authorities. An APIS message is required for any commercial flight that meets the following conditions: Arriving into the U.S. from a foreign location Arrival Manifest Departing the U.S. for a foreign location Departure Manifest Overflying the U.S. Overflight Manifest (only crew required) Continuing within the U.S. after a crew change (foreign air carriers only) Domestic Continuance Manifest (only crew required) 12

13 United States eapis (Commercial Part 135/129) An operator must have a three digit alphanumeric code that uniquely identifies the carrier to the APIS system. The operator must maintain a Master Crew List (MCL). Crew manifest submission is required no later than 60 minutes prior to departure for all APIS Scenarios. Passenger manifests must be submitted: No later than 15 minutes prior to departure for flights departing the U.S. (Departure Manifests) No later than 15 minutes after departure for flights arriving into the U.S. (Arrival Manifests) Passenger manifests are not required for Overflight or Domestic Continuance messages 13

14 United States eapis Anomalies & Updates Full name as it appears on the travel document Middle name as it appears Question possible shortened / abbreviated (John vs Johnathan) III, JR, etc (Surname) Invalid characters (Hyphen - ) Updated Private APIS manifest required when: An additional person is added to the flight (crew or pax) Change of aircraft The date of flight has changed in regards to the U.S. location in local date/time The U.S. Airport has changed For domestic charter/commercial flights that divert to an airport across the U.S. border (post flight after the fact). 14

15 United States Visa Waiver Program Allows a traveler (passenger) who is an eligible citizen/national of a designated countries (37) to travel to the USA without a Visa for tourism/business for stays of 90 days or less. Andorra, Australia, Austria, Belgium, Brunei, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Republic of Korea, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, The Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovakia, Slovenia, Spain, Sweden, Switzerland, Taiwan, United Kingdom. 15

16 United States Visa Waiver Program, cont Currently, the VWP is being offered to operators of aircraft conducting commercial (scheduled and non-scheduled) operations and operators of non-commercial [private] aircraft that are owned or operated by a domestic [USA only] corporation conducting operations under part 91. Foreign private Part-91 operators are not allowed due to a recent re-reading of the regulation. The processing time to become a Signatory Carrier takes days from the time the application is submitted. Every seven years you have to renew, update your information, and acknowledge your interest to continue participation. 16

17 United States VWP Electronic System for Travel Authorization (ESTA) In addition, the passenger(s) must also obtain an ESTA authorization for the passport they are traveling with. ESTA is NOT a visa! It is an authorization! To apply for ESTA the traveler must go on-line to the ESTA web site, follow the instructions and answer all of the required questions, and submit. Travel authorization via ESTA is usually valid for two years for multiple visits to the USA within that period or when the traveler s passport expires, which ever comes first. A VWP traveler with more than one passport who is traveling to the USA must have an approved ESTA for the passport that they plan to use for travel. 17

18 United States Transportation Security Administration / TSA/FAA Airspace Waiver The most current NOTAMS FDC 3/2735 (more than), 3/2768 (less than), and 3/3013 (definitions). July 1, 2013 UFN. The authorization letter is actually from the U.S. DOT/FAA System Operations Security. Includes criminal history checks of all travelers onboard. Up to 5 business days to complete. 18

19 United States TSA Wavers, cont FDC 3/2735 Takeoff Gross Weight MORE Than 100,309 lbs: TO/FROM the U.S. territorial airspace - neither U.S. nor foreign registered aircraft will require a TSA/FAA waiver nor be part of a TSA aviation security program as an APIS transmission will suffice. Domestic flights WITHIN U.S. territorial airspace all foreign (non- U.S.) registered aircraft will require either a TSA/FAA waiver or be part of a TSA aviation security program. TRANSITING U.S. territorial airspace - both U.S. and all foreign registered aircraft will still need either a TSA/FAA waiver or be part of a TSA aviation security program to overfly the U.S. By TSA s definitions, TRANSIT means any flight departing from a location outside of the U.S., which operates in the territorial airspace of the U.S. enroute to a location outside of the U.S. NOTAM FDC 3/

20 United States TSA Waivers, cont FDC 3/2768 Take off Gross Weight LESS Than 100,309 lbs: TO/FROM the U.S. territorial airspace neither U.S. nor foreign registered aircraft will require a TSA/FAA waiver nor be part of a TSA aviation security program as an APIS transmission will suffice. Domestic flights WITHIN U.S. territorial airspace U.S., Mexico, Canada, Bahamas, Bermuda, Cayman Islands, and British Virgin Islands registered aircraft are authorized to operate within the U.S. territorial airspace. Foreign aircraft registered in countries other than the before mentioned list will require either a TSA/FAA waiver or be part of a TSA aviation security program to fly domestically within the U.S. TRANSITING U.S. territorial airspace U.S. registered aircraft are authorized to transit/overfly U.S. airspace. Aircraft registered to Mexico, Canada, Bahamas, Bermuda, Cayman Islands, and British Virgin Islands are allowed to transit/overfly U.S. territorial airspace as long as they both depart from and land at any of the before mentioned counties without any intermediate stops. For example: Bermuda to Montreal is O.K., however, Barbados to Montreal would not and would require a TSA/FAA waiver. All other foreign registered aircraft will still need a TSA/FAA waiver to be part of TSA aviation security program to transit/overfly U.S. territorial airspace. NOTAM FDC 3/

21 Canada Passport, Visa, Health Requirements Passport: required Exemption: Nexus Card (U.S. & Canada)? Visa: required Exemption: (pax) max stay up to 6 months nationals of USA, etc Exemption: (crew) not required for crew. Health: Vaccinations not required. 21

22 Canada Customs, Immigration, Quarantine (CIQ) CANPASS Telephone Reporting Centers (TRC) General Aviation or Corporate/Private CANPASS Pilot must call CANPASS ( ) Limited to 29 travelers (crew & pax) No more than 48 hours / no less than 2 hours Notification to local CBSA Office ETA updates by a dispatcher or service provider are usually accepted Customs Declaration If crew or passenger(s) have the equivalent of CAD 10,000 onboard the aircraft or on their person, it must be declared in advance. Length of absence from country for Canadian residents Duration of stay for non Canadian residents Minors under the age of 18 and traveling alone or with only one parent or with someone other than a parent must have a notarized letter of permission signed by the parent(s) not traveling. In case of divorce, parents custody document is permissible in lieu of notarized letter. Pet Dogs and Cats Requirements dependent if the animal is traveling from a rabies free country or not. Rabies vaccination certificate (English or French) issued by a licensed Veterinarian. 22

23 Canada Canpass General Aviation Max of 29 travelers onboard (crew & pax) Must arrive at a designated AOE while the local CBSA office is open PIC must call in any changes to ETA or any other information change Upon arrival at the AOE the PIC will have to make a second call to the TRC and if no verification is necessary then be provided a report number that constitutes a release to continue. or CBSA Officer on-site or TRC Officer advises remain at site until verification team arrives. 23

24 Canada CANPASS Corporate vs. Private Allows operators to access more airports and provides expedited clearances for low-risk, pre-screened travelers. Corporate Max of 15 travelers (crew & pax) Can land at any AOE at any time the airport is open for landing, regardless CBSA office hours Can land at a CANPASS-only Airport, closer to destination Can transport up to four non-members Expedited clearance No second phone call to the TRC is required upon arrival Proceed to destination if no CBSA Officer is waiting Pilot must update prior to arrival if ETA changes by more than 30 minutes (+/-), Change of destination, Change in list of pax or declarations. CANPASS Private All individuals onboard must hold a valid CANPASS-Private Aircraft Membership or must follow procedures for General Aviation Aircraft. 24

25 Canda CIQ, cont Hunting or sporting trips - firearms and ammunition Visitors bringing hunting rifles or shotguns or planning to borrow and use as such while in Canada are required to declare in writing using a Non-Resident Firearm Declaration signed before a Canadian Customs officer and a fee paid at the border. Best recommendation is to transport firearm(s) crated and shipped to your destination via commercial carrier. 25

26 Canada CABOTAGE Private Operators (Part 91) Foreign-owned corporate aircraft may be used to transport non-resident company personnel/clientele to/from and within Canada. All movements must be for the benefit/behalf of a non-resident of Canada. Canadian resident may accompany from point to point in Canada only if their presence is incidental. One way movements (to/from) may be made without regard to residential status of the pax. Fractionally Owned Air services offered through fractional ownership program by a management company using a program aircraft and does not appear to be publically available the ops are considered private. 26

27 Canada CABOTAGE, cont Non-Scheduled Charter Operators (Part 135) For non-canadian operators operating charter flights, operations are restricted to your Canadian Foreign Air Operator Certificate and your Operations Specifications [U.S. = B050 Authorized Areas of En Route Operations, Limitations, and Provisions] 27

28 Mexico Passport, Visa, Health Requirements Passport: required Visa: required Exemption: (pax) max stay up to 180 days for passport holders of USA and Canada Exemption: (crew) not required for crew enlisted on the GENDEC and holding crew identification Health: Vaccinations not required. Malaria risk in some rural areas. 28

29 Mexico Customs, Immigration, Quarantine (CIQ) Customs Declaration Carrying over $10,000 U.S. dollars (cash, collect documents (checks, purchase orders, etc.) or a combination of both. Must declare any animal or vegetable products. Recommend to check ahead of time when bringing food products/gifts into Mexico to ensure compliance with their agriculture and sanitary regulations. Allowed: Dry, cooked, packed and bottled foods if they don t come from risk countries. From the USA and Canada: Refrigerated, frozen, vacuum packed, pork and processed vacuum packed pate, milk, and cheese in original containers and unopened. 29

30 Mexico Mexico APIS Implementation as of Dec 31, Transmitted UN / EDIFACT format Applies to all types of operations (Part 91, 135, 121, etc ) Non compliance penalty aprx USD $5,000 Transmission timelines were written for scheduled commercial operators Less than hour flight: When doors close Greater than hour flight: 30 minutes before departure 30

31 Mexico CIQ, cont Crew members appearing on the General Declarations are only allowed to de-plane with personal luggage. Sports equipment (golf clubs, diving gear, tennis rackets) are not permitted. Pax are not restricted. Crew members are only allowed to bring one electronic device (ipad / laptop) Cell phones are not limited to this restriction. 31

32 Mexico Permits Private Operations - Single Trip Single operations into and within Mexico Required documentation: Aircraft Airworthiness Certificate Aircraft Registration Insurance policy (world wide) Mexico third party insurance Pilot license Medical certificates 32

33 Mexico Permits, cont Private Operations - Annual Permits Only valid for trips to Mexico from the home country! Unlimited movements to Mexico Monthly reporting requirements for previous month flight activity Processing time is approximately 10 business days Required Documentation: Aircraft Airworthiness Certificate Aircraft Registration Insurance policy (world wide) Mexico third party insurance Pilot licenses Medical certificates 33

34 Mexico Permits, cont Charter/Commercial Operators Indefinite permit that you have to maintain Processing time can run approximately 6 months Aircraft Airworthiness Certificate Aircraft Registration Insurance policy (world wide) Mexico third party insurance Pilot licenses Medical certificates DOT OST Form 4507 Notarized power of Attorney on company stationary or letterhead (English & Spanish) Apostille of the Power of Attorney (State certification) Apostille of the Articles of Incorporation Letterhead stating all aircraft have ELT instrument onboard Notarized Air Carrier Certificate Articles of Incorporation (Name of owner or partnership should be shown) Notarized Ops Specs in full Mexico Bond by Mexican insurance company with proof of payment 34

35 Mexico Permits, Cont SECURITY MANUAL New Requirement for air charter operators (passengers, air ambulances, and cargo) to present a Security Manual against Acts of Unlawful Interference (in Spanish) per the ruling under Article 44 of their Civil Aviation Law. Required documents to draft for the Security Manual Company Logo in an electronic file Company address Airworthiness cert for each a/c For each a/c (weights, engine serial numbers, seat configurations, a/c serial number, year of manufacture) Company organization chart Name of Company Director Image showing hangar or facility location at home based airport 35

36 Mexico NOTAM A0313/08 Because of drug trafficking All General Aviation aircraft operating from the Caribbean, Central and South America with a destination within Mexico will first have to stop at either Tapachula (MMTP/TAP) or Cozumel (MMCZ/CZM). Flights that originates within the Caribbean must stop at CZM, unless when government officials onboard. On arrival officers scan the aircraft If anything registers they will bring onboard a drug sniffing dog 36

37 Mexico TAP & CZM 37

38 Mexico Outstanding Air Nav Fees Mexico Airspace Navigation Services (SENEAM) 2012 law allowing the collections of Air Nav fees retrospect No prior notice is given no public list May surface when ICOA flight plan is filed or when you contact ATC approaching Mexico s FIR May prevent entry or may not provide ATC services 38

39 Mexico CIQ, Cont Minors under the age of 18 and traveling alone or with only one parent or with someone other than a parent must have a notarized letter of permission signed by the parent(s) not traveling. In case of divorce, parents custody document is permissible in lieu of notarized letter. Pet Dogs and Cats Two per traveler Original and a copy of health certificate issued by a veterinarian within 10 days prior to entry Proof (shot record/certificate) of vaccination against rabies indicating date of application and expiration (doesn t apply to less than three months of age. Proof received a preventive parasite treatment within six months prior entry and free of external parasites. 39

40 Mexico CIQ, Cont Firearms and ammunition Passengers should arrange with their hunting guides to have the following documents available for presentation to authorities upon arrival: Original Firearm s invoice Original U.S. Permit Copy of Mexico Permit (may be presented by hunting rep) 40

41 Mexico Cabotage Private Operators (Part 91) For a US company operating a US based aircraft privately, there are no restrictions to/from or within Mexico Letter onboard stating status of pax and private non-revenue Fractionally Owned As long as the aircraft is not made publicly available for hire, charter, or lease and the owner is onboard Proof of ownership or fractional ownership is onboard Non-Scheduled Charter Operators (Part 135) Only one Intl stop allowed. No domestic legs No additional (new) pax allowed 41

42 Questions??? Hit Me! 42

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