Customs Incident in the US

[leonard17F]

Hi All,

Yesterday, on arrival in a not so small airport in central US from Europe, I had the bad surprise to be greeted by a pretty upset but otherwise nice Customs Officer.
He was supposed to be off-duty (Thanks God he was available at home !) but he was asked by the FBO at the last minute to come and clear us.
Basically, I had been in touch with the FBO, 20 emails sent, ....but only 2 received (including 1 after we took-off), in which they gave me his number and offered to contact him (they are in the same building......) and I was ASSUMING that they would coordinate our arrival with Customs. But they never did, so the CBP officer basically declared that according to him, this airport was closed for our use....
I managed to clear other delicate issues (like throwing away the thrash in a "special sanitized container handled by a government approved company"...), but he is going to fine me for $5000 + put a note in my so-far immaculate record..
It was my first trip as International PIC, and I had planned a similar trip 2 months ago as SIC in another airport where the FBO very kindly coordinated with Customs our arrival...
I know that I was not perfect on this one, and I believe that the company will take care of the fine, and he also said that I can ask for mitigating circumstances, but I wanted to know if you had been in the same situation and how you got out of it...
Thanks a lot for your advice, as always !!

[ahramin]

How would the FBO have filled out the eAPIS report and obtained landing rights for you? The FBO can certainly help in updating customs on your ETA, but I don't see how they could do anything for you beyond that.

You as the PIC must ensure that CBP has given you landing rights before departing. Period.

All the information you need is here:

U.S. Customs and Border Protection - Travel (http://www.cbp.gov/xp/cgov/travel/pleasure_boats/private_flyers/)

I would suggest that until you become more experienced at international ops you retain a flight planning and handling company to assist you. $5000 may seem like a lot but it's a pretty cheap lesson in my opinion. Consider how much fun 3 days in a Mexican jail would be in comparison.

[Northbeach]

At one time I flew freight daily between the U.S.A and Canada. Two of my worst aviation experiences involve U.S. Customs occurred during that period of my career.

Your experience will vary between custom inspectors. If you happen to draw a lousy inspector on one of their bad days you may be in for a very rough ride. I got hit with a $10,000 fine once because the "young buck" did not like being kept waiting on a Friday afternoon and was in a nasty mood when I showed up. There is no point in rehashing the details; the end result was the fine was waived and no action against me.

My neighbor retired from U.S. Customs service. He was a great man (deceased now) served his country well and did a commendable job. I am sure there are thousands just like him employed by U.S. Customs. As inspectors they have a lot of authority and power; not all of them wield them wisely or equitably. To be fair sometimes the Custom inspectors have to deal with idiots and other times with the criminal element (there is a reason U.S. Custom inspectors are armed). I know it goes both ways.

Remember: U.S. Customs can be a very hostile adversary. I do not like dealing with them and that is coming from a U.S. Citizen with nothing to hide.

ADCUS on a flight plan, email to a FBO or some other method may not result in proper notification. Proper notification is your responsibility as PIC of an international flight. If something goes wrong U.S. Customs can in fact "hammer" you. Whether or not the heavy hand of U.S. Customs comes down on you depends on your attitude, disposition, level of humility in dealing with the inspector on duty, the inspector's disposition that given day and whatever else is going on with the inspectors job and career including the pressure they themselves may be feeling.

During the preparation and preflight phase of your flight you were in control and in position to dictate most of the eventual outcome of your clearing customs in the United States. Now that the border crossing is in the past tense; you no longer have as much influence over the end result. I hope it goes well for you.

[604guy]

Leonard, are we to understand from your post that you did not file via the US eApis system? How did you receive landing rights authority (which is not customs clearance but merely permission to arrive). If you relied on an FBO to do that for you then that, with all due respect, was somewhat foolhardy.

I don't have the exact date at hand, I'm in a hotel, but I believe it was May 2009 that eApis use became mandatory for arrival to the US. It can take 3 or 4 days to get set up in the system initially. Unfortunately, as has been said by many people in many a circumstance, ignorance of the law is not a defence.

As a flight crew member, I have been flying into the US at least once a week for the last 35 years or so. I always follow-up any documented procedure with a phone call to the port of entry to ensure everything they require is in place. Often times various entry points have some "local" additional procedure that if complied with will make your entry so much smoother. KBOS springs to mind.

Customs inspectors generally wield a great amount of authority and discretion and aren't typically shy about using it. You would be well advised next time to educate yourself as to proper procedure.

[leonard17F]

Thanks a lot for your comments.
FYI, I got an official letter from US Customs & Border Protection, and I replied immediately, apologizing profusely.
The fine got reduced to.... $100.
Not bad....
Happy New Year.

[leonard17F]

I checked again with our Operations. We of course filed though eAPIS as advertised and we got landing permit OK in KCOS. Simply I did not make sure DIRECTLY WITH HIM that the Customs Officer would be PYSICALLY present on arrival.....
Bygones now.... but good lesson !

[Speedbird48]

leonard1F,

It is a requirement that you contact a Customs/Immigration officer, in person, at the port of intended entry. Some airports only have one person, and he/she may be off doing something at another airport when you arrive. Or, maybe even having a day off.

As PIC you are required to know the rules. I also carry a copy of my eapis request with me. It does not state that I have been cleared, but it does show that I did my duty as PIC, and I have a copy if there is any argument.

When you call and speak with a real person, not answer machine, ask him/her for their badge number, and make a note of it. They will always give it to you if requested.

All part of the fun of international ops', and as has already been said using one of the many available service companies will save you a lot of money even if it costs a little to start with.

We have many good customs people, but just like in France we have our share of A***holes.

Speedbird 48