The Department of Homeland Security (DHS) have announced a new rule proposing a pre-departure Advance Passenger Information System (APIS) requirement. This requirement will allow DHS to collect passenger information for flights and cruises bound for the United States prior to their departure from foreign ports.

The advance transmission of this information will provide DHS time to identify potential threats and then coordinate with the carrier and foreign law enforcement to block a suspect person from boarding or remove them before the plane leaves the ground or ship leaves the port.

Prior to 9/11, the US Customs Service, now part of U.S. Customs and Border Protection (CBP) received advance passenger information from air and sea carriers on a voluntary basis. In 2004, as part of the Intelligence Reform and Terrorism Prevention Act (IRTPA), Congress mandated that CBP establish a requirement to receive advance information on international passengers travelling by air and sea, prior to their departure.

CBP already requires the transmission of APIS data for commercial carriers arriving in or departing from the United States. The announcement of a pre-departure requirement simply changes the time within which the APIS data must be transmitted.

A Final Rule will be issued after a 30-day public comment period has closed and the submitted comments have been reviewed and analysed.

Source of information:

US Customs and Border Protection

Through Martyn Haines

Thomas Miller (Americas)

Tel: +1 201 557 7300

Email:

martyn.haines@thomasmiller.com