8 C.F.R. § 231.2

Electronic manifest and I-94 requirement for passengers and crew onboard departing vessels and aircraft

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(a) Electronic submission of manifests. Provisions setting forth requirements applicable to commercial carriers regarding the electronic transmission of departure manifests covering passengers and crew members under section 231 of the Act are set forth in 19 CFR 4.64 (passengers and crew members onboard vessels) and in 19 CFR 122.75a (passengers onboard aircraft) and 122.75b (crew members onboard aircraft).

(b) Submission of Form I-94—(1) General requirement. In addition to the electronic manifest transmission requirement specified in paragraph (a) of this section, and subject to the exception of paragraph (2) of this paragraph (b), the master or commanding officer, or authorized agent, owner, or consignee, of each commercial vessel or aircraft departing from the United States to any place outside the United States must present a properly completed departure portion of an Arrival/Departure Record, Form I-94 (see § 1.4), to the Customs and Border Protection (CBP) officer at the port of departure for each person on board. Whenever possible, the departure Form I-94 presented must be the same form given to the alien at the time of arrival in the United States. The carrier must endorse the I-94 with the departure information on the reverse of the form. Submission of the I-94 to the CBP officer must be accomplished within 48 hours of the departure, exclusive of Saturdays, Sundays, and legal holidays. Failure to submit the departure I-94 within this period may be regarded as a failure to comply with section 231(g) of the Act, unless prior authorization for delayed delivery is obtained from CBP. A non-immigrant alien departing on an aircraft proceeding directly to Canada on a flight terminating in that country must surrender any Form I-94 in his/her possession to the airline agent at the port of departure.

(2) Exceptions. The form I-94 requirement of paragraph (1) of this paragraph (b) does not apply to United States citizens, lawful permanent residents of the United States, or passengers in transit through the United States; nor does it apply to a vessel or aircraft departing on a trip directly for and terminating in Canada or departing from the United States Virgin Islands directly to the British Virgin Islands on a trip terminating there.

(c) Aircraft/Vessel Report. A properly completed Aircraft/Vessel Report, Form I-92, must be completed for each departing aircraft and vessel that is transporting passengers. Submission of the Form I-92 to the CBP officer must be accomplished on the day of departure.

[70 FR 17849, Apr. 7, 2005, as amended at 78 FR 18472, Mar. 27, 2013]

Notes of Decisions

Cited in 4 cases, 1966–2013 · leading case: Bower v. Egyptair Airlines Co., 731 F.3d 85 (1st Cir. 2013).

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Bower v. Egyptair Airlines Co., 731 F.3d 85 (1st Cir. 2013). “See 8 C.F.R. § 231.2 (b)(1). However, United States citizens do not require 1-94 Forms.”

Bower v. El-Nady, 847 F. Supp. 2d 266 (D. Mass. 2012). · cites it 2× “” 8 C.F.R. § 231.2 (b). . EgyptAir argues, although not strenuously, that New York law should govern the resolution of the common-law claims.”

Nw. Airlines Flight Nw1821, 23 I. & N. Dec. 38 (BIA 2001). · cites it 3× “The regulation at 8 C.F.R. § 231.2 provides, in relevant part, as follows: The master, captain, or agent of every vessel or aircraft departing from the United States for a foreign place or outlying possession of the United States shall present a departure manifest to the…”

United States v. Laub, 253 F. Supp. 433 (E.D.N.Y 1966). “” 8 CFR § 231.2 (1965 rev.). The record indicates that the manifests of those aboard the several aircraft on which the defendants and the other members of the group departed from the United States were not so presented by the respective airlines until the day after their…”

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