Customs
Summary
11/20/2024 Read time: 10 min
So far, this entire walkthrough has focused on aviation regulatory bodies. Working with Customs has its own set of regulations and challenges that you must address when crossing international borders.
Once upon a time, all you needed was an ICAO flight plan and a general declaration. Now, advance notification with crew and passenger information is standard, but as you travel across the pond and into Europe, expect varied processes. Like the US, some countries have implemented their version of eAPIS, and more are in the works.
These are some broad strokes across the board:
US Citizens can travel to 188 countries without a visa as long as their stay is temporary—the definition of temporary varies.
All countries have designated airports of entry for your first arrival.
Immigration allows you to enter the country via passport control and visas.
Customs monitors goods in and out of a country for crime and taxation purposes. Goods beyond personal effects, commercial goods, and more than $10k (varies) of local currency trigger extra handling.
Aircraft can freely move between ICAO countries, but overstay and taxes are due.
Details
United States
Customs Border and Protection (CBP), under the Department of Homeland Security (DHS), implemented the Electronic Advance Passenger Information System (eAPIS) in the wake of 9/11 to monitor who enters and exits the country. Private operators have been required to submit eAPIS since 2009.
eAPIS is a standardized crew, passenger, and operator manifest. You can submit one directly through the CBP online system or through more user-friendly vendors. If you've followed along and have a Foreflight Dispatch subscription, you can submit it on that platform.
A CBP decal from the DTOPS website is a prerequisite for submitting eAPIS manifests. More info is available here.
The data you submit includes the aircraft, operator, crew and passengers' passport info, and operational details. The data fields are straightforward except for one: the location of crossing the US border. Some vendors auto-populate a lat/long, but you can use a plain description, such as 15 nm NE of Detroit, MI, or Niagra Falls, or the closest airport identifier to the border all work.
eAPIS must be submitted 60 minutes before departure. If you are departing the country, your clearance to depart will be an email notification of submission. Entering the US has more red tape. After submitting eAPIS, you must contact the CBP port of landing to secure permission to land.
If your plan changes, sometimes you have to resubmit an eAPIS, other times you don't. Changes to tailnumbers or passengers require resubmission (and contacting the CBP port of landing again). Flight cancellations, changes to ETA (+-30min), or changes of arrival location can be worked out by communicating directly with CBP.
IMPORTANT: The CBP will fine the PIC for errors or non-compliance, not the aircraft operator! So make sure your eAPIS is right. That said, an eAPIS is a plan, not a mandate. If you need to divert for weather or emergencies, the safety of flight takes precedence - but communicate promptly.
The above is actually the easy part. Every port authority has its own procedures, and while things are improving, CBP is not known for its customer service. The best thing you can do is be prepared.
CBP has upped its communication game, and most ports of entry have fact sheets with contact information and local procedures regarding parking, processing, and handling of international trash.
Canada
Canada Border Services Agency is the CBP equivalent. Canada has a telephone reporting system (TRS) for general aviation and a CANPASS program. CANPASS is the Cadillac version that requires application and approval. It authorizes additional privileges, but stick with the telephone system unless you regularly visit Canada. The TRS and CANPASS apply to private aircraft with 15 persons on board or less (crew included).
Canada doesn't have an eAPIS system; you notify CBSA via fax and phone - fax is optional but recommended (905-679-6877). Two - 48 hours prior to your ETA, the PIC calls the TRS at 1-888-226-7277. The information you send is mostly the same as an eAPIS:
ETA;
aircraft registration number;
destination in Canada;
the full name, date of birth, and citizenship of all persons on board;
purpose of the trip and length of stay in Canada for non-residents;
a declaration for each person aboard;
any updates concerning the original ETA, passengers, or destination.
If you don't fax the information first, you must transmit it all over the phone.
Once you land at the Canadian Airport of Entry, call TRS again to report your arrival. You may be cleared over the phone, or CBSA officers may meet you at your aircraft for a passport, license, and luggage check. Finally, pay your bill. CBSA services are billed and processed through the local FBO.
Greenland & Iceland
Now your Gen Dec becomes more important (another Foreflight-generated document). Both countries use this document for advance notification. The local handler will need a copy and can arrange for customs to meet you on arrival. Fees apply.
Europe
EU, EU Customs Union, and Schengen Area
You've had your warmup, but now it gets more complicated.
Europe is a geographical continent.
European Union is a multi-country conglomerate government.
EU Customs Union is an economic border (customs)
Schengen Area is a multi-country border eraser (immigration)
European Economic Area (EEA) is an import/export-tax-free trade agreement.
The European Free Trade Association (EFTA) is a shrinking EU alternative with reciprocal trade agreements with the EEA and EU Customs Union.
All are composed of different countries.
Yep. How about some pictures? For customs purposes (and immigration), we will focus on the EU Customs Union and Schengen Area.
The entire colored area of the EU Customs Union (both colors) functions as a single country border for the movement of goods. This means no import or export tax on goods within Union countries.
For aviation, once your aircraft clears customs within an EU Customs Union country, you can fly to any other Customs Union country without arranging for customs officers to meet you on the ramp - for a temporary amount of time (we will follow up on this in a second).
Note the notable exceptions:
Iceland
United Kingdom
Switzerland
Norway
The Schengen Area is similar but functions as a border for the immigration of people instead of goods. Once you, as a person, clear immigration in Schengen, you can walk into any other Schengen country without having a passport check - for as long as you are legally allowed to stay. Well almost. You couldn't walk into Romania and Bulgaria (closed land border), but you could fly or boat in under Schengen.
Following our example, if you travel through Iceland, you've cleared immigration there and have free travel throughout the Schengen Area. However, since you are flying an aircraft into Europe, you are bringing something into the EU Customs Union (the aircraft) and will need to coordinate with Customs.
The Customs Union and Schengen Area rules are not the end of the story. Airports may have local procedures for making arrangements, including paper forms, electronic forms, time-of-day limitations, and unique procedures—and of course, fees apply. Partnering with a local handler is extremely helpful and can also be required, depending on the airport.
United Kingdom
Unless you have the range to make it to the mainland, you are probably stopping in the UK. Since the UK is neither a Custom Union nor Schengen Area country, it has its own procedures. Furthermore, since you left the Schengen Area (Iceland), you are back to square one if you plan to re-enter any part of the Schengen Area.
The UK is like the US and has an electronic portal for submitting manifest information before arrival or departure called a General Aviation Report (GAR).
Once you create an account, the process and information to submit are straightforward. You must submit a GAR 2-48 hours before your ETD. A new submission is required if your departure is delayed until the next day, there are any changes to the aircraft or the persons on board, or you will be landing at a different airport. More info here.
Switzerland
Like Iceland, Switzerland is part of the Schengen Area but is independent regarding Customs. Notification of your arrival is processed through the local airport handler or FBO.
ETIAS, EES, an eu-LISA
Coming March 2025 to Schengen countries is the European Travel Information and Authorisation System (ETIAS). This is the equivalent of the US ESTA program. It is a visa waiver program for foreign nationals and a vetting system. On the backend, Entry/Exit Systems (EES) track when persons enter and exit.
In plain English, you must apply for an ETIAS travel authorization and submit Advance Passenger Information (API). Travelers will be vetted before departure, and accurate digital entry and exit records will be kept. An ETIAS travel authorization is valid for three years or until your travel document expires.
During the initial rollout, ETIAS only applies to air carriers, NOT private flights. In the future, private operations will probably be incorporated. Even though it's not required, some operators have begun registering with eu-LISA, the ETIAS and EEA interface.
You can see why private operators are exempt if you read the operator's obligations on the eu-LISA application. An air carrier has to bear a hefty IT burden - which is not feasible for most private and business flight departments. You can see the eu-LISA application for yourself here.
I expect a direct or vendor portal will be established in the future. For now, customs and immigration are handled business as usual. Stay tuned for details.
Temporary Import
If your aircraft stays too long in the EU Customs Union, Switzerland, or the United Kingdom, a full import is required—to the tune of an 8-20% VAT tax on the value of the aircraft! This is not something you want to get wrong.
The good news is that for most operations, it's easy to comply with temporary admission regulations. First, some prerequisites for the EU Customs Union:
The aircraft is non-EU registered.
The aircraft is owned by non-EU-established or resident entities.
The aircraft is used by non-EU resident persons.
The operation is not commercial (paying passengers or cargo).
The aircraft does not remain in the EU Customs Union for more than 6 months at a time.
There are situations where EU citizens can be on board—such as business flights where they are employees or personal guests if they are traveling with the non-EU user. Do your research if you're going down that route.
It's straightforward for a typical flight in, business, and flight out operation. No additional paperwork is required, and Temporary Importation is automatically granted. Armed with flight operation documents, you have a verifiable paper trail to establish when you enter and exit the Union.
Switzerland is similar but with different time limitations. You can stay here for 6 months per 12-month period. One exception: "According to well-established customs practice to be confirmed on a case-by-case basis, the aircraft may remain on Swiss territory for 12 months in the first year after landing in Switzerland, and for 6 months per year from the second year onwards." More info here.
In the United Kingdom, the limitation is 6 months, and the requirements parallel the EU Customs Union.
A big takeaway is to know your limits. If you want clarifications, your local handler can query customs. For unique situations and rock-solid answers, consider legal advice. Jetlaw is one good source.
More restrictive is the temporary stay allowed by immigration. Check here to see how long a US citizen can stay visa-free in foreign countries. Below are some highlights:
Schengen Countires: 90 days in last 180 days.
United Kingdom: Less than 6 months.
Ireland: 90 days.
Aviate
Apply for a CBP decal for your aircraft.
Save Canada Border Services Agency TRS phone and fax numbers:
Phone: 1-888-226-7277
Fax: 905-679-6877
Create a UK GAR account (click Start Now).
Check out NBAA's article on Temporary Importation.