[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR231.1]

[Page 412]
 
                     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.

    (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]