[Code of Federal Regulations]
[Title 19, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR122.49a]

[Page 543-544]
 
                        TITLE 19--CUSTOMS DUTIES
 
  CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
 
PART 122--AIR COMMERCE REGULATIONS--Table of Contents
 
              Subpart E--Aircraft Entry and Entry Documents
 
Sec. 122.49a  Passenger and crew manifests.

    (a) General requirement. Each air carrier, foreign and domestic, 
operating a passenger flight in foreign air transportation to the United 
States, including flights where the passengers and crew have already 
been pre-inspected or pre-cleared at the foreign location for admission 
to the United States, must transmit to Customs a passenger manifest and 
a crew manifest containing the information set forth in paragraph (c) of 
this section, as required by 49 U.S.C. 44909(c)(1). The electronic 
transmission of manifest information must be effected through an 
electronic data interchange system approved by Customs. This information 
must be transmitted to the U.S. Customs Data Center, Customs 
Headquarters.
    (b) Passenger and crew manifests separately transmitted; advance 
receipt by Customs. For each flight subject to paragraph (a) of this 
section, the air carrier must separately transmit to Customs the 
passenger manifest and the crew manifest. The crew manifest must be 
received in advance of departure from the last foreign port or place. 
The passenger manifest must be received by Customs no later than 15 
minutes after the flight has departed from the last foreign port or 
place (after the wheels are up on the aircraft and the aircraft is en 
route directly to the United States).
    (c) Information required--(1) Airline and flight information. For 
each passenger manifest and crew manifest relating to a flight falling 
within the scope of paragraph (a) of this section, the following airline 
and flight information must be electronically transmitted to Customs: 
the airline IATA (International Air Transport Authority) code; the 
flight number (followed by the alpha character ``C'' in the case of the 
crew manifest for the flight); the departure location IATA code; the 
U.S. arrival location(s) IATA code(s); the date of flight arrival in the 
United States; and whether each passenger and crew member on the flight 
is destined for the U.S. or in transit through the U.S.
    (2) Identifying information for each passenger or crew member. In 
the manner prescribed in paragraph (c)(3) of this section, for each 
passenger manifest and crew manifest, as applicable, that relates to a 
flight falling within the scope of paragraph (a) of this section, the 
following information that identifies each passenger and crew member on 
the flight must be electronically transmitted to Customs: The full name 
of each passenger and crew member; the date of birth and citizenship of 
each passenger and crew member; the gender of each passenger and crew 
member; the passport number and country of issuance of the passport of 
each passenger and crew member if a passport is required for travel; and 
the United States visa number or resident alien card number of each 
passenger and crew member, as applicable (49 U.S.C. 44909(c)(2)(A)-(E)).
    (3) Use of travel document to obtain data. Air carriers are to 
provide the data elements set out in paragraph (c)(2) of this section 
that describe each passenger and crew member on a flight subject to 
paragraph (a) of this section by transmitting to Customs one, and only 
one, travel document per passenger or crew member, selected in the 
following order of preference: U.S. Alien Registration Card; U.S. Border 
Crossing Card; U.S. non-immigrant visa; U.S. Refugee Travel Document or 
Re-Entry Permit; U.S. Passport; or non-U.S. passport. Customs timely 
receipt of the electronic transmission of the preferred travel document 
pertaining to a passenger or crew member for a covered flight will be 
considered as constituting full compliance with the informational 
requirements of 49 U.S.C. 44909(c)(2)(A)-(E), subject to paragraph 
(c)(5) of this section.
    (4) Additional information required; travel itinerary of each 
passenger and crew member. In addition, for each passenger manifest and 
crew manifest, as applicable, that relates to a flight falling within 
the scope of paragraph (a) of this section, air carriers are required to 
transmit for each passenger and

[[Page 544]]

crew member, the foreign airport where they began their air 
transportation to the United States. Also, for passengers and crew 
members destined for the United States, the air carrier must designate 
the airport in the United States where the passenger will be processed 
through Customs and Immigration formalities. Likewise, for passengers 
and crew members that are transiting through the United States and not 
clearing Customs and Immigration formalities, the air carrier bringing 
them into the United States must transmit the foreign airport of 
ultimate destination.
    (5) Receipt of all required data elements. Air carriers will be 
required to transmit any informational elements required by paragraph 
(c) of this section which are not contained in the transmitted travel 
documents by a date that will be announced in the Federal Register.
    (d) Carrier responsibility for comparing information collected with 
travel document. The carrier collecting the information described in 
paragraph (c)(2) of this section is responsible for comparing this 
information with the related travel document under paragraph (c)(3) of 
this section, in order to ensure that the information is correct, that 
the document appears to be valid for travel to the United States, and 
that the passenger or crew member, as applicable, is the person to whom 
the travel document was issued.
    (e) Sharing of manifest information with other Federal agencies. 
Information contained in passenger and crew manifests for flights 
subject to paragraph (a) of this section (49 U.S.C. 44909(c)(1)) that is 
received by Customs electronically may, upon request, be shared with 
other Federal agencies for the purpose of protecting national security 
(49 U.S.C. 44909(c)(5)).

[T.D. 02-01, 66 FR 67484, Dec. 31, 2001]