Originally posted by Stuart Brook
> Joachim Feise wrote:
>
> >>collect). As for airlines needing to file flight manifest
that is only for
> >>incoming airlines. As long as departure
info for PR and Citizens is not
> >
> >
> >
Nope. It is for both arriving and departing flights. It is in the
law.
> >
> > -Joe
>
> See INA Section 231 ...
Note in particular para (j) below. While
> difficult to enforce, it is
now their job to record the departure of PRs
> assuming PR in another
country. So, this is actually getting more rigid
> and not less with
the ammendments to the INA.
>
>
>
> INA: ACT 231 - LISTS OF ALIEN AND
CITIZEN PASSENGERS ARRIVING OR
> DEPARTING; RECORD OF RESIDENT ALIENS
AND CITIZENS LEAVING PERMANENTLY
> FOR FOREIGN COUNTRY
>
> SEC. 231.
1/ (a) ARRIVAL MANIFESTS- For each commercial vessel or
> aircraft
transporting any person to any seaport or airport of the United
>
States from any place outside the United States, it shall be the duty of
> an appropriate official specified in subsection (d) to provide to any
> United States border officer (as defined in subsection (i)) at that
port
> manifest information about each passenger, crew member, and
other
> occupant transported on such vessel or aircraft prior to
arrival at that
> port.
>
> (b) DEPARTURE MANIFESTS- For each
commercial vessel or aircraft taking
> passengers on board at any
seaport or airport of the United States, who
> are destined to any
place outside the United States, it shall be the
> duty of an
appropriate official specified in subsection (d) to provide
> any
United States border officer (as defined in subsection (i))before
>
departure from such port manifest information about each passenger, crew
> member, and other occupant to be transported.
>
> (c) CONTENTS OF
MANIFEST- The information to be provided with respect to
> each person
listed on a manifest required to be provided under
> subsection (a) or
(b) shall include--
>
> (1) complete name;
> (2) date of birth;
>
(3) citizenship;
> (4) .;
> (5) passport number and country of
issuance;
> (6) country of residence;
> (7) United States visa
number, date, and place of issuance, where
> applicable;
> (8) alien
registration number, where applicable;
> (9) United States address
while in the United States; and
> (10) such other information the
Attorney General, in consultation with
> the Secretary of State, and
the Secretary of Treasury determines as
> being necessary for the
identification of the persons transported and
> for the enforcement of
the immigration laws and to protect safety and
> national security.
>
> (d) APPROPRIATE OFFICIALS SPECIFIED- An appropriate official
specified
> in this subsection is the master or commanding officer, or
authorized
> agent, owner, or consignee, of the commercial vessel or
aircraft concerned.
>
> (e) DEADLINE FOR REQUIREMENT OF ELECTRONIC
TRANSMISSION OF MANIFEST
> INFORMATION- Not later than January 1, 2003,
manifest information
> required to be provided under subsection (a) or
(b) shall be transmitted
> electronically by the appropriate official
specified in subsection (d)
> to an immigration officer.
>
> (f) PROHIBITION-
No operator of any private or public carrier that is
> under a duty to
provide manifest information under this section shall be
> granted
clearance papers until the appropriate official specified in
>
subsection (d) has complied with the requirements of this subsection,
>
except that, in the case of commercial vessels or aircraft that the
>
Attorney General determines are making regular trips to the United
>
States, the Attorney General may, when expedient, arrange for the
>
provision of manifest information of persons departing the United States
> at a later date.
>
> (g) PENALTIES AGAINST NONCOMPLYING SHIPMENTS,
AIRCRAFT, OR CARRIERS- If
> it shall appear to the satisfaction of the
Attorney General that an
> appropriate official specified in subsection
(d), any public or private
> carrier, or the agent of any
transportation line, as the case may be,
> has refused or failed to
provide manifest information required by
> subsection (a) or (b), or
that the manifest information provided is not
> accurate and full based
on information provided to the carrier, such
> official, carrier, or
agent, as the case may be, shall pay to the
> Commissioner the sum of
$1,000 for each person with respect to whom such
> accurate and full
manifest information is not provided, or with respect
> to whom the
manifest information is not prepared as prescribed by this
> section or
by regulations issued pursuant thereto. No commercial vessel
> or
aircraft shall be granted clearance pending determination of the
>
question of the liability to the payment of such penalty, or while it
>
remains unpaid, and no such penalty shall be remitted or refunded,
>
except that clearance may be granted prior to the determination of such
> question upon the deposit with the Commissioner of a bond or
undertaking
> approved by the Attorney General or a sum sufficient to
cover such penalty.
>
> (h) WAIVER- The Attorney General may waive the
requirements of
> subsection (a) or (b) upon such circumstances and
conditions as the
> Attorney General may by regulation prescribe.
>
>
(i) UNITED STATES BORDER OFFICER DEFINED- In this section, the term
>
'United States border officer' means, with respect to a particular port
> of entry into the United States, any United States official who is
>
performing duties at that port of entry.
>
> (j) RECORD OF CITIZEN AND
RESIDENT ALIENS LEAVING PERMANENTLY FOR
> FOREIGN COUNTRIES.--The
Attorney General may authorize immigration
> officers to record the
following information regarding every resident
> person leaving the
United States by way of the Canadian or Mexican
> borders for permanent
residence in a foreign country: Names, age, and
> .; whether married
or single; calling or occupation; whether able to
> read or write;
nationality; country of birth; country of which citizen
> or subject;
race; last permanent residence in the United States;
> intended future
permanent residence; and time and port of last arrival
> in the United
States; and if a United States citizen or national, the
> facts on
which claim to that status is based.
So then what would be
your advice? what should I do?
--
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