SHIPS AND AIRCRAFT

Any DOD component that operates, sponsors, or provides terminal services to a ship or aircraft arriving in the CTUS from outside the CTUS is responsible for notifying the appropriate U.S. Customs office of the ship's or aircraft's departure point and expected arrival time at the U.S. port of entry. The DOD component coordinates the arrangements to obtain border clearances and provides assistance to the U.S. Customs Service, Department of Agriculture, and other border clearance agencies, as required.

Military departments that operate ships and aircraft arriving into the CTUS from overseas must comply with the provisions of DOD 5030.49-R and other agreements between DOD and U.S. Customs Service, or other appropriate Federal agencies.

The ship or aircraft commander provides customs documentation to boarding U.S. Customs and Agriculture officials upon arrival at the first berthing or landing within the CTUS. The ship or aircraft commander will not permit any cargo, baggage, or equipment to be removed from the landing place

without permission from the designated customs official. Additionally, the commander should not allow any passenger or crewmember to depart from the landing place prior to completion of the customs inspection. Removal of cargo and/or departure of personnel may be allowed only for the safety or preservation of life or property.

Ships

All ships entering the CTUS will have undergone,

prior to arrival at the first U.S. port of entry, a complete military customs inspection. Such inspection is performed to preclude illegal entry of contraband into the CTUS and to ensure that all personnel on board are properly declared for border clearance purposes.

The commanding officer of a ship is responsible for presenting a manifest of all cargo loaded aboard the ship in foreign ports for discharge in the CTUS to U.S. Customs officials at the first U.S. port of entry. his manifest is also presented to the military ocean terminal operator.

When the crew and vessel-but not cargo-are cleared at the first U.S. port of entry, the commanding officer will notify U.S. Customs at subsequent ports of entry of cargo on board for discharge, and present a cargo manifest.

INSPECTION REQUIREMENTS.- The commanding officer of a ship entering the CTUS is responsible for ensuring that a complete customs inspection has been accomplished prior to arrival at the U.S. port of entry.

The inspection of the ship is conducted to preclude the use of the ship, its cargo and equipment, or the personnel on board, for the illegal introduction of drugs, narcotics, and other contraband into the CTUS.

The inspection should be accomplished between the last port-of-call before entry into the CTUS while underway.

A customs inspection plan should be prepared for each ship operating outside the CTUS. The plan is developed to outline those procedures to be followed in ensuring the conduct of an effective inspection. The plan includes procedures, both for inspecting the ship and its cargo and personnel, and for completion and collection of personal declarations.

INSPECTION PROCEDURES.- Inspections are normally performed by trained and designated MCIs, who are either from shore-based activities or are assigned to the ship. Each military-operated ship normally maintains at least one MCI within its crew, ideally the

MA on board. In those instances where MCI training is not available or where crew size makes the inspection impractical, this requirement may be waived by the unified/ specified commander to which the ship is assigned. When an MCI capability does not exist, the commander of the ship appoints an officer to conduct the inspection.

Specific areas to be inspected will include, at the minimum, 

l ship spaces, such as lockers, boats, cargo holds, living areas, and embarked aircraft; 

o cargo and equipment on board, including organic equipment of units embarked; and 

l postal facilities, including post offices, postal equipment, stowage areas, and drop boxes.

All personnel on board and their baggage should be inspected. This includes passengers, crewmembers, security personnel, observers, and civilian technicians. Inspection of personnel will be conducted as stated earlier in this chapter. As part of the customs inspection and in preparation for clearance at the U.S. port, all personnel must complete a personal declaration, DD Form 1854.

Contraband seized during inspections prior to departure from the overseas port is turned over to the appropriate shore-based U.S. military law-enforcement agency, if available. Contraband seized during inspections while underway is turned over to the U.S. Customs officials at the U.S. port of entry.

CLEARANCE.- Ships normally arrive at U.S. ports of entry that are well established and have border clearance officials readily available. Clearances are expedited by these officials by virtue of the military customs inspection. Re-inspection is the prerogative of clearance officials.

All personnel must have all dutiable, prohibited, and restricted items available for inspection by U.S. Customs and U.S. Department of Agriculture clearance officials.

Clearance officials are briefed on procedures used in the customs inspection of the ship and on the qualifications of personnel who conduct the inspection.

The commanding officer of the ship provides written certification that a customs inspections has been completed to the clearance officials. Figure 13-8 is an example of the cover letter to U.S. Customs that accompanies the declaration prior to clearing customs inspection.

Figure 13-8.-Cover letter to U.S. Customs.

Aircraft

All aircraft departing overseas areas for destinations with the CTUS must undergo a predeparture customs inspection. These aircraft are formally cleared and are subject to re-inspection by U.S. Customs and Agriculture officials at the U.S. port of entry.

Unified and specified commanders are responsible for ensuring that all aircraft departing their area are inspected by properly designated MCI personnel to prevent the trafficking of drugs, narcotics, controlled substances, and other contraband.

SPECIAL PROCEDURES.- Aircraft departing from a point outside the CTUS with less than 3 hours' flight time from the point of entry into the CTUS will pass notification to the U.S. port of entry by radio as soon as practical after takeoff.

As stated earlier, Navy aircraft embarked on aircraft carriers that fly to naval air stations in the CTUS in advance of the carrier's arrival require special notification and coordination procedures.

Military aircraft based in the United States that transport, as their primary mission, high-level U.S. Government officials and employ on-board security personnel may be exempted from the requirement for a predeparture inspection when carrying code 1, code 2, or code 3 passengers. These exemptions and codes are contained in FAA Flight Service Interphone Communication System Procedure, OPNAVINST 3722.8. This provision in no way exempts such aircraft from inspection by U.S. Customs at U.S. ports of entry, or from foreign country customs/border clearance requirements.

UNSCHEDULED LANDINGS.- When an aircraft makes an unscheduled landing, as in an emergency, at an airport where a border clearance cannot be immediately obtained, the aircraft commander ensures that no cargo, baggage, or equipment is removed from the aircraft. No passengers or crewmembers may depart the landing area unless necessary for their safety or preservation of life or property or unless a sterile area is available.