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or cause to be transported (including by mail or other means) currency or other monetary instruments in an aggregate amount exceeding $10,000 or its foreign equivalent) at one time from the United States to any foreign country or into the United States from any foreign country, you must file a report with U.S. Customs and Border Protection.
This report is called the Report of International Transportation of Currency or Monetary Instruments, FinCEN Form 105. This form can be obtained at all U.S. ports of en- try and departure or on the Web at FinCEN Form 105 (Rev. 7-2003). Alter- natively, the report can be filed elec- tronically, an eCMIR, at the following website: https://fincen105.cbp.dhs.gov. Travelers will be able to enter infor- mation into an eCMIR up to three days prior to travel, creating a pro- visional document on the CBP.gov website. Foreign countries will also have their own documents and proce- dures. Failing to report can result in the
seizure of the monetary instruments, fines, or worse.
CBP Officer Says It's OK: One topic that comes up repeatedly is that a CBP officer “buddy” says it’s OK to land without a BOE or approves some other deviation from the rules. CBP headquarters has made it very clear that NO CBP officer has the authority to override U.S. law. Doing so could get both you and the officer into trouble. Don’t succumb to the temptation of lis- tening to what you want to hear versus what you need to know. Enforcement actions can cost you money, ruin your reputation with CBP and cause you to lose BOE privileges.
Visa Waiver/ESTA: Part of the joy of having a private aircraft is to share the experience with family and friends. However, if any of those are citizens of Visa Waiver countries and they do not have a U.S. Visa, then they cannot fly into the USA on a private aircraft unless you are a signatory car- rier or under some very isolated and specific circumstances. Contact CBP
before you attempt to do so to avoid unpleasant surprises.
PIC Responsibility: As PIC, you are ultimately responsible for com- pliance with all regulations in the USA and foreign countries. The PIC is responsible for ensuring that valid passports are brought aboard the aircraft that match the APIS mani- fest information submitted to CBP and that authorizations to depart are properly received. You cannot blame your spouse or the “person in the of- fice” for any errors or omissions. The buck squarely stops with the PIC. If you ever do face an enforcement ac- tion, be honest and forthright. CBP is not out to get us. What they want is compliance and have repeatedly demonstrated a willingness to work with General Aviation to achieve it. This is not a guarantee that CBP will not take enforcement action, those determinations are made on a case-by-case basis, and much depends on the nature and circumstances of the violation. Violations are usually the
8 • TWIN & TURBINE / February 2023
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