Amendment to APIS

ACTE is informing its members that the U.S. Department of Homeland Security on Thursday, April 7, 2005 published the Final Rule of the Electronic Transmission of Passenger and Crew Manifests for Vessels and Aircraft requiring airlines to divulge more personal information on passengers.
This final rule, effective June 6, 2005, amends former Bureau of Customs and Border Protection regulations pertaining to the filing of commercial vessel and aircraft manifests for passengers and crew members.

The previous requirements were listed in the Aviation and Transportation Security Act (ATSA), Public Law 107-71, 115 Stat. 597. Section 115 of the ATSA, amending 49 U.S.C. 44909.

The final rule increases the elements of passenger information that airlines should provide electronically via the advanced passenger information system (APIS) in order to “ensure aviation and vessel safety and protecting national security.”

The required information carriers must provide are (a) complete name; (b) date of birth; (c) citizenship; (d) gender; (e) passport number and country of issuance; (f) travel document type and date of expiration; (g) country of residence; (h) United States visa number, date, and place of issuance; (i) alien registration number; (j) United States address while in the United States; and (k) such other information the Attorney General, in consultation with the Secretary of State, and the Secretary of the Treasury determines as being necessary…

The rule states that “With this final rule [...] crew member and non-crew member manifests are now required no later than 60 minutes prior to departure. Last minute crew changes (updating manifests within 60 minutes of departure) will be accommodated only upon approval by TSA. Failure to obtain timely approval may result in possible denial of flight clearance or diversion of the flight to another port, as appropriate. “

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Information such as “United States address while in the United States” and “country of residence” are additions to the previous rule. As neither the traveller’s U.S. destination address nor the country of residence is obtainable from the machine-readable zone of the travel document, air carriers date to comply has been extended to 180 days after June 6, 2005.

Some Airline members of ACTE have expressed concerns that these new requirements may negatively impact business travellers as airlines may impose earlier passenger arrival at airport to allow time for additional information gathering during the check in process. Subsequent delays to aircraft departures are likely, they said. Additionally, airlines are wary of expensive fines for each incorrect submission.

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