[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: 19CFR4.64]



[Page 49-50]

 

                        TITLE 19--CUSTOMS DUTIES

 

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

              HOMELAND SECURITY; DEPARTMENT OF THE TREASURY

 

PART 4_VESSELS IN FOREIGN AND DOMESTIC TRADES--Table of Contents

 

Sec.  4.64  Electronic passenger and crew member departure manifests.



    (a) Definitions. The definitions contained in Sec.  4.7b(a) also 

apply for purposes of this section.

    (b) Electronic departure manifest--(1) General requirement. Except 

as provided in paragraph (c) of this section, an appropriate official of 

each commercial vessel departing from the United States to any port or 

place outside the United States must transmit to Customs and Border 

Protection (CBP) an electronic passenger departure manifest and an 

electronic crew member departure manifest. Each electronic departure 

manifest:

    (i) Must be transmitted to CPB at the place and time specified in 

paragraph (b)(2) of this section by means of an electronic data 

interchange system approved by CBP. If the transmission is in US EDIFACT 

format, the passenger manifest and the crew member manifest must be 

transmitted separately; and

    (ii) Must set forth the information specified in paragraph (b)(3) of 

this section.

    (2) Place and time for submission--(i) General requirement. The 

appropriate official must transmit each electronic departure manifest 

required under paragraph (b)(1) of this section to the CBP Data Center, 

CBP Headquarters, no later than 15 minutes before the vessel departs 

from the United States.



[[Page 50]]



    (ii) Amended crew member manifests. If a crew member boards the 

vessel after submission of the manifest under paragraph (b)(2)(i) of 

this section, the appropriate official must transmit amended manifest 

information to CBP reflecting the data required under paragraph (b)(3) 

of this section for the additional crew member. The amended manifest 

information must be transmitted to the CBP Data Center, CBP 

Headquarters, no later than 12 hours after the vessel has departed from 

the United States.

    (3) Information required. Each electronic departure manifest 

required under paragraph (b)(1) of this section must contain the 

following information for all passengers and crew members, except that 

the information specified in paragraphs (b)(3)(iv), (ix), (xi), (xv), 

and (xvi), of this section must be included on the manifest only on or 

after October 4, 2005:

    (i) Full name (last, first, and, if available, middle);

    (ii) Date of birth;

    (iii) Gender (F = female; M = male);

    (iv) Citizenship;

    (v) Status on board the vessel;

    (vi) Travel document type (e.g., P = passport; A = alien 

registration card);

    (vii) Passport number, if a passport is required;

    (viii) Passport country of issuance, if a passport is required;

    (ix) Passport expiration date, if a passport is required;

    (x) Alien registration number, where applicable;

    (xi) Passenger Name Record locator, if available;

    (xii) Departure port code (CBP port code);

    (xiii) Port/place of final arrival (foreign port code);

    (xiv) Vessel name;

    (xv) Vessel country of registry/flag;

    (xvi) International Maritime Organization number or other official 

number of the vessel;

    (xvii) Voyage number (applicable only for multiple departures on the 

same calendar day); and

    (xviii) Date of vessel departure.

    (c) Exceptions. The electronic departure manifest requirement 

specified in paragraph (b) of this section is subject to the following 

conditions:

    (1) No passenger or crew member departure manifest is required if 

the departing commercial vessel is operating as a ferry;

    (2) If the departing commercial vessel is not transporting 

passengers, only a crew member departure manifest is required;

    (3) No passenger departure manifest is required for active duty U.S. 

military personnel on board a departing Department of Defense commercial 

chartered vessel.

    (d) Carrier responsibility for comparing information collected with 

travel document. The carrier collecting the information described in 

paragraph (b)(3) of this section is responsible for comparing the travel 

document presented by the passenger or crew member with the travel 

document information it is transmitting to CBP in accordance with this 

section in order to ensure that the information is correct, the document 

appears to be valid for travel purposes, and the passenger or crew 

member is the person to whom the travel document was issued.

    (e) Sharing of manifest information. Information contained in 

passenger and crew member manifests that is received by CBP 

electronically may, upon request, be shared with other Federal agencies 

for the purpose of protecting national security. CBP may also share such 

information as otherwise authorized by law.



[CBP Dec. 05-12, 70 FR 17851, Apr. 7, 2005]