WHAT TO DO IF YOU FEEL A CBP OFFICER ACTED INAPPROPRIATELY?
On occasion, we hear pilots complain about what they perceive to be unfair, impolite or unprofessional treatment by CBP officers towards the crew, the passengers, or both, when arriving in the US on an international flight. As with many things, there are always two sides to every story, but we understand that these events can, and do, happen. While they are rare, they are nonetheless unpleasant to those who have to endure it. So, what can you as a pilot do to avoid these situations from occurring?
The first important step is to be prepared and make sure that you have complied with CBP regulations and procedures. As the saying goes: an ounce of prevention is worth a pound of cure. Where to start?
First, make sure that you are knowledgeable about the eAPIS regulations for departing and arriving in the US which can be found in 19 CFR 122.22 . US CBP has a web portal through which you can submit your manifests, and you need to set up an account ahead of time, so plan accordingly. Basically, for private flights, you must submit an eAPIS electronic manifest no later than one hour prior to departure from the US and receive an email from DHS authorizing your departure. Read these emails carefully as they contain specific instructions which must be followed. For arrivals in the US you must also submit an eAPIS electronic manifest no later than one hour prior to departure from the foreign country and also receive an email from DHS authorizing your departure, again read it carefully and comply. However, for arrivals in the US you must ALSO obtain permission to land from CBP at your intended port of arrival, the email alone is not sufficient for US arrivals.
One important nuance that some pilots may not be aware of is that the requirements for flights arriving from airports “south” of the US are subject to additional requirements than arrivals from anywhere else in the world. Simply put, if you are arriving in the US on a flight that departed from anywhere in the western hemisphere other than Canada or Bermuda, then you are considered “south” of the US. These flights must make their first landing at the nearest of 32 “Designated” airports closest to your point of border or coastline crossing. There are a few exceptions to this rule but make sure you understand them well before attempting to overfly one “Designated” airport while en route to another one. Another nuance that has gotten pilots into trouble is that CBP’s definition of a private aircraft differs from the FAA's. For example, 14 CFR Part 61.113 (c) allows for the sharing of aircraft expenses on a flight while still being considered a private flight. However, under 19 CFR 122.1 CBP could (and has) considered this a commercial operation with unpleasant consequences.
Next, refer to the CBP FAQ page on the CBP website and review all the topics listed. These have been prepared by CBP headquarters and address many of the common questions and misconceptions that exist in the industry. Being knowledgeable of information published in writing by CBP headquarters can put you on an entirely different footing when interacting with a CBP officer who tells you otherwise. https://www.cbp.gov/travel/general-avia ... ssing-faqs
Get specific information for your intended CBP airports of arrival by downloading and reading the CBP Airport Fact Sheet for your intended airport of arrival in the US. These Fact Sheets can be found at General Aviation Airport Fact Sheets | U.S. Customs and Border Protection. These Fact Sheets contain important information about specific CBP procedures, requirements and limitations for a specific airport as well contact information for the port. Be sure to comply with the information on the Fact Sheet and if anyone challenges you, you will have a document from CBP supporting your actions.https://www.cbp.gov/newsroom/publicatio ... act-sheets
When it comes time to executing your international flights, having sound and reliable procedures is essential. When obtaining permission to land for an arrival in the US, discuss any doubts or questions you may have about the arrival process with the officer you contact. Express your desire to be in compliance and advise if you have any unusual requirements. Do you have firearms aboard? Do you have pets aboard? Do you have an unaccompanied minor aboard? Do you have any hunting trophies aboard? If there is a chance that you might not be able to comply with any instructions given, ask the officer what you are expected to do if such a situation were to occur. For example, if your flight will be overwater for an extended period of time where communications with CBP may be impossible and winds/weather could put your ATA outside the hours of operation of CBP at the airport, or the +/- time tolerance window for arrival, what should you do? Be sure to record the name/initials of the officer that grants you permission to land as well as the date, time and telephone number you called. For additional guidance, refer to our article “Breaking the Penalty Chain” for additional guidance on things to help avoid problems. https://cstflightservices.com/news/breaking-the-penalty-chain.
While most of us normally have good experiences with CBP upon arrival in the US, on rare occasions there have been instances where CBP officers may behave in a way that you or others in your party may find inappropriate or the officer intends to issue a penalty when you feel one should not apply. If you ever find yourself in such a predicament, we recommend the following 2 strategies:
1) Work your way up the local chain of command. Ask to speak with a supervisor, if the supervisor is unavailable then ask for the watch commander and continue on up to the port director if necessary. This would be a “bottom up” strategy which could yield the best results, depending on the particular port in question. If there is a penalty in play, getting a supervisor or other higher level CBP official involved early on can result in the penalty being quashed before it is ever written. This is the optimum result. Getting penalties canceled after they have been issued is possible, but there are a number of unpleasant consequences that result from the initial penalty issuance which will consume a lot of your time and resources to get them undone as well. If this strategy does not yield the desired results, then the other option would be to,
2) File a formal complaint via the CBP website at Submit a Complaint or Concern. Complaints filed through here are forwarded to the respective field offices and then communicated back to the respective ports. I have been told by senior leadership within CBP that Port officers take these complaints very seriously as they get high visibility and they don’t want their ports associated with a complaint. If you are worried about getting “black listed” for pursuing this option, I have been assured that this does not happen.https://www.help.cbp.gov/s/complaints?language=en_US
In all cases, be sure to have your documentation in order: names/initials of officers, dates, times, airport(s), what happened, why did it happen, what will be done to prevent it from happening again, etc. From our experience helping customers who have run into issues with CBP, having good documentation was essential to being able to resolve the matter with positive results.
Helping aircraft operators make international flights is what we do all day, every day, all over the world. We hope that by sharing real world experiences we can help pilots avoid making mistakes that could ruin their trips.