[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: 8CFR231.2]



[Page 404-405]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

PART 231_ARRIVAL AND DEPARTURE MANIFESTS--Table of Contents

 

Sec. 231.2  Electronic manifest and I-94 requirement for passengers 

and crew onboard departing vessels and aircraft.



    (a) Electronic submission of manifests. Provisions setting forth 

requirements applicable to commercial carriers regarding the electronic 

transmission of



[[Page 405]]



departure manifests covering passengers and crew members under section 

231 of the Act are set forth in 19 CFR 4.64 (passengers and crew members 

onboard vessels) and in 19 CFR 122.75a (passengers onboard aircraft) and 

122.75b (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 

departing from the United States to any place outside the United States 

must present a properly completed departure portion of an Arrival/

Departure Record, Form I-94, to the Customs and Border Protection (CBP) 

officer at the port of departure for each person on board. Whenever 

possible, the departure Form I-94 presented must be the same form given 

to the alien at the time of arrival in the United States. The carrier 

must endorse the I-94 with the departure information on the reverse of 

the form. Submission of the I-94 to the CBP officer must be accomplished 

within 48 hours of the departure, exclusive of Saturdays, Sundays, and 

legal holidays. Failure to submit the departure I-94 within this period 

may be regarded as a failure to comply with section 231(g) of the Act, 

unless prior authorization for delayed delivery is obtained from CBP. A 

non-immigrant alien departing on an aircraft proceeding directly to 

Canada on a flight terminating in that country must surrender any Form 

I-94 in his/her possession to the airline agent at the port of 

departure.

    (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, or passengers in transit through the 

United States; nor does it apply to a vessel or aircraft departing on a 

trip directly for and terminating in Canada or departing from the United 

States Virgin Islands directly to the British Virgin Islands on a trip 

terminating there.

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

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

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

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



[70 FR 17849, Apr. 7, 2005]