News 02 Nov, 2012

USA - Advanced Passenger Information System - Fines for Submission Errors

The Club has been advised that the US Customs and Border Protection (CBP) agency in New York and New Jersey is beginning to be more robust in terms of enforcing the regulations governing the completion of Advanced Passenger Information System (APIS) declarations. APIS data detailing passengers and crew must be filed as part of the United States Coast Guard (USCG) and United States CBP electronic Notice of Arrival/Departure (eNOA/D) submission.

Following the introduction of the APIS system it has been unusual for vessels to be fined for making minor typographical or clerical errors regarding names and dates. However, it now appears that penalties are being imposed for such errors.

A fine of up to US$ 5,000 may be levied for the first offence, rising to US$ 10,000 for a second or subsequent violation. The fine must be paid within 60 days. This practice may be adopted by other US ports in due course.

Full details on the applicable legislation, the process for appealing against a penalty and for extending the 60 day payment period can be found in the APIS Penalty Fact Sheet.

Members with vessels proceeding to US ports and facilities are advised to remind those responsible for preparing the necessary APIS data for eNOA/D to scrutinise the declaration closely for errors prior to submission.

Further guidance on the completion of APIS declarations can be found in the CBP Vessel APIS Guide – System Identified Errors and Manifest Sufficiency Rates. Members requiring any further assistance should contact the Loss Prevention department.