CBP ISSUES PROPOSED RULE ON APIS REQUIREMENTS
March 15, 2023
On February 2, 2023, U.S. Customs and Border Protection (“CBP”) issued a notice of proposed rulemaking (“NPRM”) to amend its regulations requiring carriers to electronically transmit passenger information to its Advance Passenger Information System (“APIS”).
CBP currently uses APIS to compare passenger information submitted by carriers to the information included in law enforcement databases and the terrorist watch list to enhance national security and safety. The proposed new requirements are intended to further strengthen CBP’s vetting processes, enhance communication with carriers, incorporate additional commercial carrier requirements to confirm that all passengers seeking to travel to or from the U.S. are traveling with authentic travel documents prior to boarding an aircraft, and to require that carriers ensure that their systems are capable of accepting document validation instructions from CBP’s system and take action, if necessary, to resolve the travel document status of every passenger intending to board flights departing from or arriving to the U.S. There is also a proposed requirement that all carriers participate in CBP’s Document Validation Program to receive document validation messages from CBP and contact CBP in situations where a passenger’s travel documents cannot be validated. CBP is also proposing a requirement that commercial air carriers transmit additional data elements, including contact data like phone numbers and email addresses, through APIS for all commercial air passengers arriving, or intending to arrive, in the U.S. The NPRM also includes proposals to change existing CBP regulations to better conform with current practices for close out messages, to eliminate requirements that are outdated such as references to U.S. EDIFACT formatting for the transmission of manifests, and to allow commercial carriers to transmit an aircraft’s registration number to CBP using APIS.
Comments on the NPRM are due by April 3, 2023. If you would like assistance with submitting a comment on the proposed rule, please let us know.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com 202-659-6622) or Drew Derco (dderco@eckertseamans.com 202-659-6665).
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