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Customs

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Official Presentation August 2005. Entrance & Clearance Procedures for the OCS. Michael Hebert ... Official Presentation August 2005 ... – PowerPoint PPT presentation

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Title: Customs


1
Customs Border Protection
Entry/Clearance Procedures For U. S. Gulf of
Mexico
2
Entrance Clearance Procedures for the OCS
  • Michael Hebert
  • Supervisory CBP Officer
  • Port of Morgan City
  • (985) 632-8182
  • michael.hebert_at_dhs.gov

3
Customs Definitions
  • Clearance Approval to depart the United
    States to a foreign port or place,
    outside the 3 miles of the U. S. coastline.
  • Entrance Approval to enter the United States
    from a foreign port or place beyond 3 miles of
    the U. S. coastline.
  • Stacked Not in production/drilling mode. In
    repair status or idle mode, with or without crew
    on board.
  • Free floating When an American or foreign
    flag vessel is not attached to the outer
    continental shelf.

4
Vessels required to Enter
  • Pursuant to 19 CFR 4.3
  • Any vessel from a foreign port or place
  • Any foreign vessel from a domestic port
  • Any vessel of the United States having
    merchandise on board which is being transported
    in-bond (not including bonded ship's stores or
    supplies), or foreign merchandise for which entry
    has not been made or
  • Any vessel which has visited a hovering vessel as
    defined in 19 U.S.C. 1401(k), or has delivered or
    received merchandise or passengers while outside
    the territorial sea.

5
Vessels required to Clear
  • Pursuant to 19 CFR 4.60
  • All vessels departing for a foreign port or
    place
  • All foreign vessels departing for another port or
    place in the United States
  • All American vessels departing for another port
    or place in the United States that have
    merchandise on board that is being transported
    in-bond (not including bonded ship's stores or
    supplies), or foreign merchandise for which entry
    has not been made and
  • All vessels departing for points outside the
    territorial sea to visit a hovering vessel or to
    receive merchandise or passengers while outside
    the territorial sea, as well as foreign vessels
    delivering merchandise or passengers while
    outside the territorial sea.

6
Emergency Medical Flights
All medical emergency flights are allowed to
travel and transport ill or injured personnel to
the nearest hospital or medical unit. The pilot
or aircraft company must notify their shipping
agent of all flights in order for local CBP
offices to be notified and also file all proper
documentation APIS. Therefore, NO MEDICAL
FLIGHT should be delayed for any reason, but CBP
must be notified to avoid fines penalties.
7
Penalties for Violation of Vessel Entry/Clearance
Requirements
  • 19 U.S.C. 1436 Penalties for violations of
    arrival, reporting, entry, and clearance
    requirements
  • a) Unlawful acts. It is unlawful
  • to fail to comply with section 1431, 1433, or
    1434 of this title or section 91 of title 46,
    Appendix
  • to present or transmit, electronically or
    otherwise, any forged, altered, or false
    document, paper, information, data or manifest to
    the Customs Service under section 1431, 1433(d),
    or 1434 of this title or section 91 of title 46,
    Appendix, without revealing the facts
  • to fail to make entry or to obtain clearance as
    required by section 1434 or 1644 of this title,
    section 91 of title 46, Appendix, or section
    1644a(b)(1) or (c)(1) of this title or
  • to fail to comply with, or violate, any
    regulation prescribed under any section referred
    to in any of paragraphs (1) through (3).

8
Penalties for Violation of Vessel Entry/Clearance
Requirements
  • Violation of arrival or entry requirements may
    result in the master being liable for civil and
    criminal penalties.
  • 19 U.S.C. 1436 Penalties for violations of
    arrival, reporting, entry, and clearance
    requirements
  • (b) - Any master, person in charge of a vehicle,
    or aircraft pilot who commits any violation
    listed in subsection (a) of this section is
    liable for a civil penalty of 5,000 for the
    first violation, and 10,000 for each subsequent
    violation, and any conveyance used in connection
    with any such violation is subject to seizure and
    forfeiture.

9
Penalties for Violation of Vessel Entry/Clearance
Requirements
  • 19 U.S.C. 1436 Continued
  • c) Criminal penalty In addition to being liable
    for a civil penalty under subsection (b) of this
    section, any master, person in charge of a
    vehicle, or aircraft pilot who intentionally
    commits any violation listed in subsection (a) of
    this section is, upon conviction, liable for a
    fine of not more than 2,000 or imprisonment for
    1 year, or both except that if the conveyance
    has, or is discovered to have had, on board any
    merchandise (other than sea stores or the
    equivalent for conveyances other than vessels)
    the importation of which into the United States
    is prohibited, such individual is liable for an
    additional fine of not more than 10,000 or
    imprisonment for not more than 5 years, or both.

10
Penalties for Violation of Vessel Entry/Clearance
Requirements
  • 19 U.S.C 1436 Continued
  • (d) Additional civil penalty If any merchandise
    (other than sea stores or the equivalent for
    conveyances other than a vessel) is imported or
    brought into the United States in or aboard a
    conveyance which was not properly reported or
    entered, the master, person in charge of a
    vehicle, or aircraft pilot shall be liable for a
    civil penalty equal to the value of the
    merchandise and the merchandise may be seized and
    forfeited unless properly entered by the importer
    or consignee. If the merchandise consists of any
    controlled substance listed in section 1584 of
    this title, the master, individual in charge of a
    vehicle, or pilot shall be liable to the
    penalties prescribed in that section.

11
Advanced Passenger Information SystemAPIS
  • What is the Advanced Passenger Information
    System (APIS)?
  • APIS is an automated system capable of performing
    database queries on passengers and crewmembers
    prior to their arrival in or departure from the
    United States.

12
Advanced Passenger Information SystemAPIS
  • When was APIS initiated?
  • APIS as a voluntary program in 1988 to collect
    biographical information (name, date of birth,
    nationality, etc.) from air passengers prior to
    departure from foreign and into the U.S.
  • On June 6, 2006 the APIS Final Rule (AFR) amended
    CBP regulations pertaining to the filing of
    commercial vessel and aircraft manifests for
    passengers and crew members.

13
Advanced Passenger Information SystemAPIS
  • When must APIS be transmitted to CBP?
  • Arrivals
  • Legislation requires all commercial air and sea
    carriers arriving in the United States from any
    place outside of the United States to
    electronically transmit an arrival manifest on
    all passengers and crewmembers to CBP.
  • Further information can be found in 19 CFR 4.7b
    for vessels and 19 CFR 122.49a 122.49b for
    aircraft.

14
Advanced Passenger Information SystemAPIS
  • When must APIS be transmitted to CBP?
  • Departures
  • Legislation requires all commercial air and sea
    carriers departing from the United States to any
    place outside of the United States to
    electronically transmit an arrival manifest on
    all passengers and crewmembers to CBP.
  • Further information can be found in 19 CFR 4.64
    for vessels and 19 CFR 122.75a 122.75b for
    aircraft.

15
Advanced Passenger Information SystemAPIS
  • Are helicopters or vessels arriving from
    free-floating vessels in the OCS required to
    file APIS?
  • Yes, ANY commercial conveyances arriving from a
    free floating vessel from the OCS must file APIS.
  • When does APIS have to be filed?
  • 15 minutes prior to departure from the U.S. port
    and at lease 1 hours prior to arrival back to the
    USA.

16
APIS Information Required
  • Pursuant to 19 CFR 4.7b
  • Full name (last, first, and, if available,
    middle)
  • Date of birth
  • Gender (F female M male)
  • Citizenship
  • Country of residence
  • Status on board the vessel

17
APIS Information Required
  • Pursuant to 19 CFR 4.7b
  • Continued
  • Travel document type (e.g., P passport, A
    alien registration)
  • Passport number, if a passport is required
  • Passport country of issuance, if a passport is
    required
  • Passport expiration date, if a passport is
    required
  • Alien registration number, where applicable

18
Questions Answers
  • Question
  • If our aircraft is working offshore in the field
    with fixed platforms, drill ships/rigs and our
    flight instructions change, and we now arrive at
    a free floating vessel, geo-research vessel,
    drill ship not in production, are we required to
    make entry upon arrival?
  • Answer
  • Yes, your aircraft will be required to be enter
    upon arrival back in the USA and all passengers
    /APIS must be filed and entered with CBP in
    accordance with U S Law.

19
B1/OCS VISA REQUIREMENTS OUTER CONTINENTAL SHELF
20
B1/OCS Endorsement required
  • Aliens employed on the Outer Continental Shelf
    (OCS) require B1 OCS visa and a U.S. Coast Guard
    letter of exemption for the vessel or
    him/herself.
  • Vessels coming from the OCS are not subject to
    immigration inspection unless they have landed in
    foreign territory since last arriving in the
    United States.
  • Regulations for work on the OCS are administered
    by the Coast Guard. 

B1 OCS endorsement required for U S Gulf
21
Passport Requirements for the OCS
  • As long as a vessel does not call at a foreign
    port, immigration law does not consider this a
    "departure" from the United States and therefore
    upon return, is not considered an entry that
    would require a passport.
  • The OCS is not considered foreign for the
    purposes of immigration therefore, passport
    requirements will not pertain to the U.S.
    pax/crew movements from the OCS.
  • U.S. Coast Guard Merchant Mariner Document will
    still be accepted as a travel document.

22
CBP Ruling on OCS
  • http//rulings.cbp.gov/
  • The Commissioner of Customs and Border
    ProtectionAttention Office of Regulations and
    RulingsWashington, DC 20229

23
Websites of Interest
  • www.cbp.gov
  • www.regulations.gov
  • www.access.gpo.gov
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