Customs & Border Protection

Customs & Border Protection Entry/Clearance Procedures For U. S. Gulf of Mexico

Michael Hebert Supervisory CBP Officer Port of Morgan City (985) 632-8182 michael.hebert@dhs.gov Entrance & Clearance Procedures for the OCS

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.

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.

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.

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.

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). 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. 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. 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. Penalties for Violation of Vessel Entry/Clearance Requirements

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. 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. 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. 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. 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. Advanced Passenger Information SystemAPIS

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; 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; APIS Information Required

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. Questions & Answers

B1/OCS VISA REQUIREMENTS OUTER CONTINENTAL SHELF

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 B1 OCS endorsement required for U S Gulf

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. Passport Requirements for the OCS

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

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

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