[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: 8CFR231.2]

[Page 412-413]
 
                     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 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

[[Page 413]]

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]