[Code of Federal Regulations]

[Title 8, Volume 1]

[Revised as of January 1, 2006]

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

[CITE: 8CFR231.1]



[Page 404]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

PART 231_ARRIVAL AND DEPARTURE MANIFESTS--Table of Contents

 

Sec. 231.1  Electronic manifest and I-94 requirement for passengers 

and crew onboard arriving vessels and aircraft.









Sec.

231.1 Electronic manifest and I-94 requirement for passengers and crew 

          onboard arriving vessels and aircraft.

231.2 Electronic manifest and I-94 requirement for passengers and crew 

          onboard departing vessels and aircraft.

231.3 Exemptions for private vessels and aircraft.



    Authority: 8 U.S.C. 1101, 1103, 1182, 1221, 1228, 1229; 8 CFR part 

2.





    (a) Electronic submission of manifests. Provisions setting forth 

requirements applicable to commercial carriers regarding the electronic 

transmission of arrival manifests covering passengers and crew members 

under section 231 of the Act are set forth in 19 CFR 4.7b (passengers 

and crew members onboard vessels) and in 19 CFR 122.49a (passengers 

onboard aircraft) and 122.49b (crew members onboard aircraft).

    (b) Submission of Form I-94--(1) General requirement. In addition to 

the electronic manifest transmission requirement specified in paragraph 

(a) of this section, and subject to the exception of paragraph (2) of 

this paragraph (b), the master or commanding officer, or authorized 

agent, owner or consignee, of each commercial vessel or aircraft 

arriving in the United States from any place outside the United States 

must present to a Customs and Border Protection (CBP) officer at the 

port of entry a properly completed Arrival/Departure Record, Form I-94, 

for each arriving passenger.

    (2) Exceptions. The Form I-94 requirement of paragraph (1) of this 

paragraph (b) does not apply to United States citizens, lawful permanent 

residents of the United States, immigrants to the United States, or 

passengers in transit through the United States; nor does it apply to 

vessels or aircraft arriving directly from Canada on a trip originating 

in that country or arriving in the Virgin Islands of the United States 

directly from a trip originating in the British Virgin Islands.

    (c) Progressive clearance. Inspection of arriving passengers may be 

deferred at the request of the carrier to an onward port of debarkation. 

However, verification of transmission of the electronic manifest 

referred to in paragraph (a) of this section must occur at the first 

port of arrival. Authorization for this progressive clearance may be 

granted by the Director, Field Operations, at the first port of arrival. 

When progressive clearance is requested, the carrier must present the 

Form I-92 referred to in paragraph (d) of this section in duplicate at 

the initial port of entry. The original Form I-92 will be processed at 

the initial port of entry, and the duplicate will be noted and returned 

to the carrier for presentation at the onward port of debarkation.

    (d) Aircraft/Vessel Report. A properly completed Aircraft/Vessel 

Report, Form I-92, must be completed for each arriving aircraft and 

vessel that is transporting passengers. Submission of the Form I-92 to 

the CBP officer must be accomplished on the day of arrival.



[70 FR 17849, Apr. 7, 2005]