U.S. Customs arrivals under Presidential Proclamations – where we stand now

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On Sept. 14, 2020 the United States Centers for Disease Control (CDC) ended the requirement of funneling certain flights to one of 15 designated airports.

Since this announcement, there has been industry confusion about how this change in the CDC’s requirements impacts U.S. Customs arrivals under the Presidential Proclamations. Here’s what you need to know:

All Presidential Proclamations remain in effect

Despite some misinformation to the contrary, all Presidential Proclamations remain in effect. While the CDC funneling requirements are no longer required, entry by any non-U.S. foreign national (that includes Canadian and Mexican citizens) who have been in a suspended region over the past 14 days is HIGHLY RESTRICTED with few exceptions.

Who is currently restricted from entering the U.S.?

This remains unchanged. Any foreign nationals who HAVE been in SUSPENDED REGIONS (even tech stops) in the last 14 days will not be allowed entry to the U.S.

What are the exemptions?

  • any U.S. Citizens
  • any lawful permanent resident of the United States;
  • any alien who is the spouse of a U.S. citizen or lawful permanent resident;
  • any alien who is the parent or legal guardian of a U.S. citizen or lawful permanent resident, provided that the U.S. citizen or lawful permanent resident is unmarried and under the age of 21;
  • any alien who is the sibling of a U.S. citizen or lawful permanent resident, provided that both are unmarried and under the age of 21
  • any alien who is the child, foster child or ward of a U.S. citizen or lawful permanent resident (NOTE: NO AGE LIMIT here, but parent must be living)
  • Diplomatic Passport/Visa Holders
  • F-1, M-1 (SHENGEN, UK and Ireland only) Student Visa (Must not be first use)
  • State Dept. Embassy / Consulate
  • Local CBP / DHS NIW Application
    • National Interest Waiver application available at ports: KLAX, KEWR, KDFW, KJFK, KIAH
    • Purpose for Visit: Business, Education, Training, Medical
    • Supporting Docs: Valid Travel documents PPN/Visa, Business/Employment Letter, Medical, any evidence to support urgent need, flight itinerary / reservation information
    • NIW are issued to individual travelers and not per a/c or operator
    • Available to General Aviation or Airline passengers
      • Approval: Watch Command or Port Director

What is the current list of suspended regions?

  • China (excluding the special autonomous regions of Hong Kong and Macau);
  • Iran;
  • Schengen Area: Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland;
  • United Kingdom, excluding overseas territories outside of Europe
  • The Republic of Ireland
  • Brazil
  • Note: All stops in suspended regions, overnight or just tech stop, are treated the same.

Impact on Alaska, Hawaii, Puerto Rico, USVI

The same rules for the contiguous 48 states also apply to Alaska, Hawaii and U.S. Territories like Puerto Rico and the U.S. Virgin Islands. Direct flights are allowed if no one has been in a suspended region.

Tech Stop Note Alaska: U.S. crew and passengers traveling from a previously restricted area may enter the U.S. through Alaska at PANC and PAFA. Passengers and crew can get off the aircraft during the tech stop but cannot leave the airport.

 Conclusion

Entry by any non-U.S. foreign national (that includes Canadian and Mexican citizens) who have been in a suspended region over the past 14 days is HIGHLY RESTRICTED with few exceptions. It is recommended that all operators maintain a 14-day travel history for every person onboard, including crew in order to accurately determine whether the flight will be allowed entry to the U.S.

 

 


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