Here's some info from a previous COPA newspaper:
In the good old days (actually just a few years ago), visiting the U.S. was as simple as calling my local FSS, getting the weather and NOTAMS, then filing a flight plan with the ADCUS box ticked off.
I would then fly to Watertown or Syracuse or maybe Massena and spend a few minutes with the usually pleasant U.S. Customs Inspector, who might not even show up.
If there was no one there, I would call Customs and usually receive a clearance by phone, then wend my merry way across the States. I would follow a nearly identical process to come home to Canada.
That was then and this is now. The times have of course changed.
Following 9/11, agencies have tightened up their procedures, some of which were previously hidden or at least poorly advertised. Some pilots discovered that there were $5000 fines for not following the confusing or obscure rules.
The most recent changes should help improve and simplify the procedures. I have investigated the latest procedures and would like to convey these findings to make your next crossing as easy as possible.
First of all, the separate U.S. Immigration and Naturalization Service (INS) and U.S. Customs departments have been combined and are under one banner today, called U.S. Customs and Border Protection (CBP).
This has made travel easier, as the earlier little known requirement to advise two agencies has disappeared and been replaced by the requirement to advise the single agency CBP in advance of any private air travel.
Although the old machinery (ADCUS) for crossing the border is still officially in place for going into the U.S. (but not Canada), like a rusty old car it cannot be trusted.
Most of us are aware of the many changes in our country since 9/11. This is true to an even greater degree in the United States. The U.S. now has at least two programs that are used to sift through and provide screening for persons entering the U.S.
One of these programs is the National Security Entry Exit Registration Program (NSEERS dating from 1982), and the other is the newer US-VISIT program.
The NSEERS screening program is explained in this extract from a fact sheet on the U.S. Customs and Border Protection (CBP) website:
NSEERS was a pilot project focusing on a smaller segment of the non-immigrant alien population deemed to be of risk to national security. Inspectors at ports of entry have the discretion, based on national security criteria and intelligence reports, to refer an individual from any country to a more detailed secondary inspection.
Also, under NSEERS, males born on or before Nov. 15, 1986, and who are nationals of designated countries, were required to register at a local district immigration office. The process included an interview by an immigration inspector or adjudicator and the collection of fingerprints and a photograph.
When the US-VISIT system is fully implemented, it will provide the information necessary to account for nearly all temporary foreign visitors in the United States. Any remaining elements of NSEERS, such as port of entry arrival registration, will become part of the US-VISIT system.
Any NSEERS designated person should confirm with CBP before planning on arriving by private aircraft into the United States. NSEERS applies to every person, regardless of Canadian citizenship, and is based on country of origin, and other indicators.
For the time being, Canadian citizens that are not subject to NSEERS or other special screening are exempt from the biometric requirements the US-VISIT program imposes. Again, the following was taken from the US CBP US-VISIT Fact Sheet:
Secretary Ridge announced last April, the US-VISIT system will be capable of capturing and reading a biometric identifier at air and sea ports of entry before the end of 2005.
The system will be capable of scanning travel documents and taking fingerprints and pictures of foreign nationals, which then could be checked against databases to determine whether the individual should be detained or questioned concerning possible terrorist or criminal involvement… and the US-VISIT system will be implemented incrementally, but eventually will collect information on the arrival and departure of most foreign nationals such as: date; nationality; classification as an immigrant or non-immigrant; complete name; date of birth; citizenship; sex; passport number and country of issuance; country of residence; U.S. visa number, date and place of issuance (where applicable); alien registration number (where applicable); and complete address while in the United States. The information will be stored in databases maintained by DHS and the Department of State as part of an individual's travel record.
For non-Canadians, travel by private aircraft into the United States is no longer allowed unless you have a VISA. Canadian Landed Immigrants who used to travel into the United States via private aircraft under special waivers, are no longer allowed to travel this way. Please note the following from the US-VISIT fact sheet:
The Visa Waiver Permanent Program Act of 2000 directed the collection of records of arrival and departure for every alien who travels by sea or air and who is provided a waiver under the VWP. The Act required that these air and sea VWP records be incorporated into an automated entry exit system. As of October 1, 2002, passenger arrival and departure information on individuals entering and leaving the U.S. under the VWP has been electronically collected from airlines and cruise lines, through the Bureau of Customs and Border Protection’s (CBP) Advanced Passenger Information System (APIS), and no visa waiver may be granted to an alien if the carrier does not submit such data electronically.
SO WHAT DOES ALL THIS MEAN?
It means, a pilot planning to cross the border should determine the status of his/her passengers and themselves before deciding to travel to the U.S. Determine the exact status of your passengers first, are they Canadians, were they born here? Then the easiest way to check if you and they will be allowed entry is to call the CBP at the Port-of-Entry that is selected, and determine if the CBP are comfortable with the intended flight and passengers.
While making the call to CBP (2-48 hours ahead of the flight), you can advise them of your exact ETA, this makes the ADCUS notification unnecessary. Another point about ADCUS: It is the pilot’s responsibility to advise the CBP with sufficient notice (usually two hours), and if the ADCUS does not work, or is not passed with the required notice in advance, it is the Pilot’s responsibility, not the system’s.
This means, to be safe the PIC should call the Port of Entry CBP anyway – making the ADCUS redundant and confusing. ADCUS is best avoided.
Be aware, the CBP are now more strictly checking the Aircraft Documents and Pilot Documents, and will require valid Photo ID for Canadians and Passports for non-Canadians.
I would suggest you inspect these documents yourself before leaving with your passengers. Better to be safe than to be turned back (or worse).
Technically the aircraft Radio Station Licence is still required to cross the border, (FCC requirement), not because it is required in the U.S. or in Canada, but there remains an ICAO requirement. COPA reports that they are not aware of anyone being turned back for lack of radio station licence so far, but it could be used as an excuse to deny entry.
Also be aware that the U.S. Customs Decal program is still in effect and you should obtain one before you go. It is not absolutely necessary to obtain one before the first crossing each year because most CBP officers are willing to sell you one when you arrive.
However, they sometimes do not have them on hand, and it does lengthen the processing time. The cost is $25US. Purchasing a sticker online is easy:
https://tradelinks4.mellon.com/cbp/Dispatcher
The sticker arrives within a few weeks.
If you do not purchase a sticker before the trip, I suggest you call the port-of entry well ahead of time to determine if the Port officers can sell you a decal, and remind them again that you need a sticker when you call to give your ETA.
Fill out a CBP178 Private Air Travel Form before you go.
USE THE FOLLOWING CHECKLIST:
Determine my own and passengers’ status against NSEERS and US-VISIT.
Record the aircraft, pilot and passenger information on a CBP178 form.
Check my aircraft Customs Decal.
Pick a port-of-entry close to the border on my route of flight to my U.S. destination.
Call Nav Canada for the weather and NOTAMS, complete my flight plan and decide on an ETA.
Call the closest U.S. FSS for the other permanent NOTAMS and up to date list of TFRs (Temporary Flight Restrictions).
Call and discuss the flight with the CBP, making sure the passengers are allowed to travel into the U.S. If everything looks good, I give my ETA and ask for the officer’s name and/or badge number.
Make sure all the aircraft, pilot and passenger documents are on board.
Complete my flight, making sure I am on time within 15 minutes. (If not on time or I have to divert, I return to Canada, phone the CBP and arrange another ETA).
After landing, I wait for the CBP inspectors to arrive. If they don’t arrive and my ETA has passed, I deplane alone, leaving my passengers in the aircraft and call the CBP for instructions - again noting the officers name and/or badge number.
After advising the CBP of my arrival, I return to the aircraft and wait until the inspectors arrive.
To the inspector(s), I submit my CBP178 form, hand over all documents requested, and submit to a search if required to.
Usually within 10 minutes or less after that, I’m on my way.
REMEMBER THE FOLLOWING:
Private air travel by Canadian Landed Immigrants without a U.S. Visa is not allowed.
Private air travel by NSEERs designated persons must receive permission beforehand from the CBP Port of Entry. This may be denied.
The CBP must be notified before travel (usually a minimum of two hours beforehand, check with the port) and the aircraft ETA must be accurate to (+/-) 15 minutes or face a possible $5000US fine.
For further reading or to confirm the facts of this article – I suggest the COPA/AOPA Border Crossing Manual available online in the members only section.
Last month I explained how the U.S. entry procedures are more strict now and how U.S. Customs and Border Patrol (CBP) entry programs such as NSEERS and the newer US-VISIT programs, have made a call to the CBP - before your trip - a necessity.
The trip back into Canada from the U.S. is now subject to some new concerns and new procedures as well.
First of all, the new rule issued by FAA FDC NOTAM 2/5319, requiring that the border crossing aircraft be under flight plan, be squawking a discrete transponder code and be in contact with the governing ATC unit, applies in both directions.
This means that an aircraft without a working transponder cannot either enter the U.S. or return to Canada without a transponder waiver. Waivers can be obtained by contacting the TSA.
Information online on all waivers, along with a link to a PDF file copy for printing a transponder waiver is found at:
http://web.nbaa.org/public/ops/security/waivers/.
The Canadian government department which manages the security of the Canadian border is the Canada Border Services Agency (CBSA). The website:
http://www.cbsa-asfc.gc.ca/travel/canpa ... avi-e.html
The CBSA is quite helpful and specifies the complete procedure which is required for private aircraft to cross the border back into Canada, along with offering a PDF brochure.
Restrictions on passengers, goods such as firearms, liquor, tobacco, currency and agricultural products are explained in the CBSA pamphlets entitled “I Declare” for Canadian residents,
http://www.cbsa-asfc.gc.ca/E/pub/cp/rc4044/README.html, and “Customs Information for Visitors to Canada and Seasonal Residents” for United States residents at
http://www.cbsa-asfc.gc.ca/E/pub/cp/rc4044/README.html
Remember that all the usual restrictions on these products when traveling by commercial airline or by road are in place for private aircraft travel. A short synopsis of the entry procedure is as follows:
The pilot is the person in charge of the aircraft. As the pilot, you have to:
Place a telephone call to 1-888-226-7277 (1-888 CAN-PASS), at least 2 hours before but not more than 48 hours prior to your arrival in Canada;
give your estimated time of arrival (ETA);
give the aircraft tail number/aircraft registration mark; and
give the passenger details, be ready to give Nationality and DOB when asked,
declare including total value and type of purchases by each passenger. Be accurate as this declaration by you the pilot may be subject to penalty if found to be incorrect on landing. (The penalty will be issued against the person not the pilot, even though he makes a declaration on behalf of each person on board).
arrive during regular customs office hours at a designated airport of entry (AOE). The list of AOEs is on the CBSA Web site at
http://www.cbsa.gc.ca.
Note: Call 1-888-226-7277 again to report any change in the ETA, point of arrival, or other information.
Following landing at the AOE, proceed to the agreed area on the field where you expect to meet the CBSA. Remain in the aircraft until the ETA (if early), then if no customs officers have arrived, you the pilot may deplane to call the CBSA, leaving the passengers in the aircraft.
Following the call, the CBSA may elect to clear you by phone, in which case you should copy the clearance number down for later proof of clearance should that be challenged. Following a telephone clearance, you and the passengers are free to proceed, but if told to remain in the aircraft you and the passengers must wait there for the arrival of the CBSA inspector(s) to inspect you and clear you.
and YWG as well. I have 4000+ hours so I am not too too worried but I am not a big fan of venturing places in an airplane which harbour surprises... especially when that surprise may be a TFR or an F-16...
), and if you are spending the night, ask for the crew rate at "The St. Paul" - great hotel, awesome rate. Last time i was there, crew rate was $89US, regularly $169Us.....and it is worth it!
