In response to industry concerns regarding the October 4, 2005 APIS Final Rule implementation date, CBP has developed an implementation plan of informed and enforced compliance that balances compliance goals with flexibility built in to aid carriers demonstrating a good faith effort to comply. CBP is already working with carriers individually to address the October 4, 2005 deadline. During the implementation process, CBP may employ both informed (outreach) and enforced (penalties) compliance as appropriate; however, even once the enforced compliance stage is reached, CBP has mechanisms in place to work with and mitigate penalties assessed against carriers on a case-by-case basis. CBP already has designated, national account managers who work directly with carriers on APIS implementation and compliance issues on a full-time basis.
- Carriers and other affected parties who are already doing so, should continue to utilize resources such as their industry associations and CBP APIS national account managers to obtain up-to-date information on APIS compliance. CBP is also posting the full text of APIS Final Rule for easier reference.
- The APIS Final Rule implementation plan may be described broadly as follows:
- The first stage will focus on achieving technical compliance - the ability to transmit data timely using the prescribed format and data interchanges;
- The second stage will focus on achieving technical and content (complete and accurate data) compliance; and
- The third stage will require full technical and content compliance.
Address
- CBP is required to collect address information by the Enhanced Border Security and Visa Entry Reform Act of 2002.
- Address information, in the larger context of passenger information, is central to risk assessment and targeting.
Carriers should make every effort to ensure the address information they collect and submit to CBP via APIS, is identical to the U.S. destination address declared to CBP by the passenger upon application for entry (for I-94 purposes). Carriers should also make every effort to ensure the address submitted in the APIS manifest appears to be a valid address.
Below is clarification on what information should be included on the manifest for those passengers who are: (1) visiting the US; (2) joining a cruise ship; (3) picking up a rental car or; (4) those not knowing their address while in the United States:
- Visiting the U.S., and the passenger has a known address.
Example:Street Address: 1300 Pennsylvania Ave
City: Washington
State: D.C.
ZIP Code: 20229- Transit to a cruise ship: CBP will accept, "transit to Cruise Line and Vessel/Cruise Name" in the address field. The city of cruise embarkation should be included.
Example:Street Address: Transit to MV Princess of the Seas
City: Miami
State: FL
ZIP Code: 99999
- Rental car pickup: CBP will accept if the first night stay is NOT known, the general itinerary of the traveler. If for example the traveler will be touring, the general itinerary city, state and zip code (if known).
Example:Street address: Touring the Grand Canyon
City: Grand Canyon
State: AZ
ZIP Code: 99999
- Hotel: For those passengers who are destined to a hotel and do not know the street address for the hotel, CBP will accept, Hotel name (if known), City (of first night stay), State. ZIP Code should be provided if known.
Example:Street Address: Downtown Hotel Hilton - (be as specific as possible)
City: Houston
State: Texas
ZIP Code: 99999
- Transit to a cruise ship: CBP will accept, "transit to Cruise Line and Vessel/Cruise Name" in the address field. The city of cruise embarkation should be included.