[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: 19CFR24.18]

[Page 345-346]
 
                        TITLE 19--CUSTOMS DUTIES
 
  CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
 
PART 24--CUSTOMS FINANCIAL AND ACCOUNTING PROCEDURE--Table of Contents
 
Sec. 24.18  Preclearance of air travelers in a foreign country; reimbursable cost.

    (a) Preclearance is the tentative examination and inspection of air 
travelers and their baggage at foreign places where U.S. Customs 
personnel are stationed for that purpose.
    (b) At the request of an airline, travelers on a direct flight to 
the United States from a foreign place described in paragraph (a) of 
this section may be

[[Page 346]]

precleared prior to departure from such place. A charge based on the 
excess cost to Customs of providing preclearance services as defined in 
paragraph (c) of this section shall be made to the airline.
    (c) The reimbursable excess cost is the difference between the cost 
of examining and inspecting air travelers and their baggage upon arrival 
in the United States assuming no preclearance was provided, and the cost 
of providing preclearance for air travelers at the place of departure. 
Such excess cost shall include all items attributable to the 
preclearance operation. This does not include the salary of personnel 
regularly assigned to a preclearance station other than approved salary 
differentials related to the foreign assignment and the salary of relief 
details made necessary by reason of the nature of the operation. In 
addition, such cost shall include the following allowances and expenses:
    (1) Housing allowances;
    (2) Post of duty allowances;
    (3) Education allowances;
    (4) Transportation cost incident to the assignment to the foreign 
station and return, including transportation of family and household 
effects;
    (5) Home leave and associated transportation costs; and
    (6) Equipment, supplies and administrative costs including costs of 
supervising the preclearance installation.
    (d) The reimbursable excess cost described in paragraph (c) of this 
section shall be determined for each preclearance installation. On the 
basis of the excess cost figure for each installation, the excess cost 
of providing preclearance service for a biweekly pay period shall be 
determined. The initial schedule of biweekly excess cost will be based 
on the actual excess cost for fiscal year 1969. Thereafter, a quarterly 
(ending with the pay period closely corresponding to June 30, September 
30, December 31, and March 31) cost analysis will be conducted and the 
schedule of biweekly excess costs will be adjusted so that the current 
biweekly excess cost schedule will reflect the actual excess costs of 
the previous quarter. Such schedules of biweekly costs for each 
installation shall be published in the Federal Register. The biweekly 
excess cost in effect at an installation at the time the charge is made 
shall be used in calculating the prorated charge for preclearance 
service for each airline in accordance with paragraph (e) of this 
section.
    (e) The charge to each airline for preclearance service shall be its 
prorated share of the applicable excess cost prorated to the aircraft 
receiving such services during the billing period on the following 
basis:
    (1) Five percent shall be distributed equally among the airlines 
serviced.
    (2) Ten percent shall be distributed proportionately as the number 
of clearances serviced bears to the total number of clearances.
    (3) Eighty-five percent shall be distributed proportionately as the 
number of passengers and/or crew serviced for each airline bears to the 
total number of passengers and/or crew serviced.
    (f) Customs services for which overtime compensation is provided for 
by section 5 of the Act of February 13, 1911, as amended (19 U.S.C. 
267), and the expenses recovered thereunder are governed by Sec. 24.16 
and are in no way affected by this section. (63 Stat. 290; 31 U.S.C. 
483a)

[T.D. 70-34, 35 FR 1161, Jan. 29, 1970, as amended by T.D. 85-123, 50 FR 
29953, July 23, 1985]