CBP UPDATES GUIDANCE FOR APIS TRANSMISSIONS

August 12, 2025

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On July 7, 2025, U.S. Customs and Border Protection (“CBP”) issued updated guidance for Advance Passenger Information System (“APIS”) transmissions relating to the sex markers of travelers.  The guidance comes in response to President Trump’s Executive Order 14168 (the “EO”) which announced the official U.S. policy to only recognize two sexes: male and female.  To comply, airlines must ensure the accuracy of traveler information when making APIS submissions, which includes information on the traveler’s sex markers. Previously, APIS transmissions accepted submissions of sex markers other than “M” or “F” but the updated guidance notes that carriers will begin receiving resubmission requests when values other than “M” or “F” are submitted in the sex field. After a 90-day compliance period starting on July 14, 2025, markers other than “M” or “F” will not be accepted and airlines will need to resubmit entries. If a passenger’s travel documents contain another sex marker character, the passenger or air carrier must select the appropriate character (i.e., “M” or “F”) to avoid a penalty. In practice, airlines are advised to compare a passenger’s travel documents with the documentation transmitted to CBP to ensure compliance with the EO as well as APIS regulatory language. 

This Aviation Blog is intended to keep readers current on developments in the law.  It is not intended to be legal advice. If you have any questions, please contact Evelyn Sahr at 202.659.6622 or esahr@eckertseamans.com; Drew Derco at 202.659.6665 or dderco@eckertseamans.com,  Samantha Walter at 412.566.1920 or swalter@eckertseamans.com; or Tyler Myers at 202.659.6642 or trmyers@eckertseamans.com, or any other attorney at Eckert Seamans with whom you have been working.

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Evelyn D. Sahr Photo Washington, D.C.

Evelyn D. Sahr

Member - Washington, D.C.

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Drew M. Derco Photo Washington, D.C.

Drew M. Derco

Member - Washington, D.C.

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Tyler R. Myers Photo Washington, D.C.

Tyler R. Myers

Associate - Washington, D.C.

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