What compliance actions did CBP undertake for those air carriers that were required to participate in Air AMS but fail to do so before the required compliance date?

What compliance actions did CBP undertake for those air carriers that were required to participate in Air AMS but fail to do so before the required compliance date?

Beginning on the dates established in the above schedule, CBP set forth specific procedures in each port for any aircraft that arrived in the United States which was required to transmit information through Air AMS but did not yet establish Air AMS communications for that port with CBP.

Although the time period for the initial phase of enforced compliance has been completed, a number of its provisions remain in effect for any inbound aircraft that is required to enter under §122.41 that has commercial cargo aboard but has not established Air AMS communications with CBP in that port.   
  
  • CBP will not grant landing rights at a landing rights airport or permission to land at an international airport if the carrier is required to participate in Air AMS but has established an Air AMS user record at that port.
  
  • If an aircraft required to enter arrives with commercial cargo aboard and the carrier has not established Air AMS communications, CBP will issue a penalty for failure to submit the required electronic cargo information to CBP.  The penalty is assessed under 19 USC 1436 (b) / 19 CFR 122.48a for failure to file the air waybill information electronically.  The penalty is $5,000 for the first violation and $10,000 for subsequent violations.
  
  • CBP will not recognize any permit or special license to unlade that may already be on file with CBP if the carrier is not an Air AMS participant when required. The cargo may not be unladen at the first U.S. port of arrival or at any subsequent U.S. port.  CBP will still require that the carrier present a paper copy of the CBP Form 7509 (Air Cargo Manifest) in the required timeframes.  The cargo will remain aboard the aircraft while CBP conducts a review of the manifest.
  
  • CBP will conduct a full manifest review before granting permission for the aircraft to depart.  Such permission to depart is granted either by signing the permit to proceed if the aircraft is continuing to another U.S. port or signing the outbound General Declaration (CBP 7507) if the aircraft is travelling to a foreign port.
  
  • If any unlading of cargo occurs, CBP will issue a penalty for violation of 19 USC 1453 – penalty equal to the value of the merchandise for unlading without a permit or special license.
  
  • Finally, CBP will inform the carrier that future violations may subject it to the provisions of 19 USC 1436(b) which states that any conveyance used in connection with violations of manifest requirements may be subject to seizure and forfeiture.  Any such decision to seize an aircraft must be made with concurrence from CBP headquarters.