[Code of Federal Regulations]

[Title 19, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 19CFR24.18]



[Page 390-391]

 

                        TITLE 19--CUSTOMS DUTIES

 

   CHAPTER I--BUREAU OF CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF 

              HOMELAND SECURITY; 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 391]]



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]