and of the emergency or forced landing. Mail carried as such may be removed from such aircraft upon making an emergency or forced landing, but if so removed shall be delivered at once to a responsible officer or employee of the Postal Service.*

116.4 Entry and clearance. (a) Aircraft coming into any area from any place outside the United States shall be entered (see § 116.8) in such area if landing is made therein. Aircraft coming into any area from another area shall be entered (see $ 116.9 (e)) in such area if landing is made therein and if carrying merchandise or passengers.

(b) Entry shall be made by the aircraft commander at the airport of entry at which the first landing is made in the area. If, pursuant to 116.3 (a), the first landing occurs at a place not an airport of entry, entry shall be made at the nearest airport of entry or customs port of entry,

unless some other place is designated for that purpose by the Commissioner of Customs.

(c) Aircraft departing from any area for foreign territory, or to take aboard or discharge persons or merchandise anywhere outside the United States, or departing from any area for another area carrying passengers that must be listed in clearance declaration (8 116.9 (b), (e)) or merchandise shall be cleared (see § 116.9)

)) in the area from which departing.

(d) The clearance shall be obtained by the aircraft commander at the customs port of entry (whether or not an airport of entry) at or nearest the place of last take-off from the area, unless some other place is designated for that purpose by the Collector of Customs.

(e) This section shall not apply to the entry of aircraft of scheduled airlines complying with the terms of $ 116.5, nor to the clearance of such aircraft complying with the terms of 8 116.6, nor to the clearance of any aircraft holding a permit issued by the Secretary of Commerce authorizing departure without clearance.*

116.5 Entry of aircraft of scheduled airlines. (a) Aircraft operated by scheduled airlines coming into the United States from any place outside thereof shall make entry in the area of first landing

(b) Aircraft operated by scheduled airlines coming from one area into another area shall make entry therein, if

(1) Carrying to or over that area passengers that must be listed in clearance declaration (8 116.9 (b), (e)); or

(2) Carrying residue cargo (8 116.11); or

3) Carrying merchandise in bond (Chap. XVI, Customs Regulations, 1937; 19 CFR Part 16).

(c) Entry required by this section in an area shall be made by the aircraft commander at the place of landing provided for under $ 116.3.*

116.6 Clearance of aircraft of scheduled airlines. (a) Aircraft operated by scheduled airlines departing for any place outside the United States may clear from the area of departure, but clearance shall be mandatory only during any period covered

ing, if

by a proclamation of the President that a state of war exists between foreign nations, or the aircraft is:

(1) Beginning a flight in that area; or

(2) Carrying from that area merchandise or such passengers as must be listed in clearance declaration (8 116.9); or

(3) There are one or more aliens that must be listed on the part of clearance declaration relating to aliens employed (8 116.9).

(b) Aircraft operated by scheduled airlines departing from any area for another area shall clear in the area from which depart

(1) Carrying passengers that must be listed on clearance declaration (8 116.9 (b), (e); or

(2) Carrying merchandise.

(c) Clearance required by this section may be obtained by the aircraft commander at the customs port of entry (whether or not an airport of entry) at or nearest each place at which merchandise or passengers, or both, are taken aboard for discharge beyond the area. In such case the clearance shall be limited to the passengers and merchandise taken aboard at such place. Otherwise the clearance shall be obtained at the customs port of entry (whether or not an airport of entry) at or nearest the place of last take-off in the area unless some other place for clearance is designated by the Collector of Customs.*

116.7 Documents. (a) The forms described in 88 116.8 and 116.9 shall be the primary documents required for entry and clearance of aircraft and the listing of passengers and merchandise carried thereon and aliens employed on board thereof. The forms of aircraft commander's entry declaration and aircraft commander's clearance declaration shall be Customs Forms 7507 and 7509, respectively, approved by the Commissioner of Customs, the Administrator of Civil Aeronautics, and the Commissioner of Immigration and Naturalization. The form of information sheet concerning passengers arriving on aircraft shall be Form 1-466 approved by the Commissioner of Immigration and Naturalization.

(b) The forms described in 88 116.8 and 116.9, except information sheets, may be obtained from collectors of customs upon prepayment by the owner or operator of the aircraft. A small quantity of such forms will be set aside by collectors of customs for free distribution or official use. The forms of information sheets may be obtained upon prepayment from the Superintendent of Documents, Government Printing Office, Washington, D. C. A small quantity of information sheets will be set aside by immigration officers in charge for free distribution or official use. The forms may be printed by private parties provided the forms so printed conform to the official form in size, wording, arrangement, and quality and color of paper.

116.8 Documents for entry. (a) At the time any aircraft arriving from outside the United States land in any area in

*

which making of entry is required by 8 116.4 or $ 116.5, the aircraft commander shall deliver

(1) The aircraft's journey log book to the quarantire officer for inspection as to entries required by $ 116.13, and

(2) An aircraft commander's entry declaration in accordance with this section,

Aircraft arriving in an area from another area shall deliver documents as specified by 8 116.9 (e) and 8 116.11.

(b) The aircraft commander's entry declaration shall set forth: (1) Identification marks of aircraft, 2) Name and address of owner. 3) Name of aircraft commander. (4) Place and date of arrival.

(5) Place and date of last departure from port or place outside the United States. and shall contain:

(6) Immigration list in the English language, typewritten or printed in ink, of all aliens employed in any capacity on board the aircraft at the time of arrival, showing full name (family name and given name), age, sex, country of which citizen or subject, country of birth, race (in accordance with instructions on back of information sheets required by this section in the case of passengers), number of airman's certificate, if any, place and date of engagement, and position on the aircraft, and which of such aliens, if any, are to be discharged in the United States. This requirement applies only to an aircraft which is arriving from outside the United States but does not apply to any aircraft arriving at a land border airport from Canada or Mexico nor when such information is furnished in accordance with & 116.10.

(7) Immigration list in the English language, typewritten or printed in ink, of‘all passengers, showing full name (family name and given name), age, sex, country of which citizen or subject, and place and country of embarkation. Additional facts as to passengers shall be furnished on information sheets as required by paragraph (c) of this section. This subparagraph shall not apply to passengers arriving at a land border airport from Canada or Mexico, or in travel between the mainland and Alaska.

(8) Customs inward manifest when the aircraft arrives from a foreign port or place if such aircraft has on board merchandise or baggage. The inward manifest, properly executed, having the airway bills attached, will be acceptable, provided such manifest bears a notation such as “Express as per airway bills attached” and shows the waybill numbers. Customs Form $119 may be used in lieu of the inward manifest if the merchandise or baggage consists of a single shipment and does not exceed one hundred dollars in value. (For rule applicable to arrival in an area from another area, see § 116.9 (e).)

a

(9) A statement subscribed by the aircraft commander that the information in the immigration lists and information sheets as required is to the best of his knowledge and belief correct and complete, and an oath to the inward manifest to be subscribed and sworn to by the aircraft commander. Such oath may be executed before a customs officer having authority to administer oaths in the performance of his official duties, or other person having authority to administer oaths generally,

(10) Notice reading, “The journey log book shall contain the statements prescribed

for the United States public health requirements (42 CFR, 11.513)."

(c) The aircraft commander's entry declaration required by this section shall be in triplicate and be disposed of as follows:

(1) The original and both copies of the immigration lists shall be detached by the aircraft commander and immediately upon the arrival at the airport of entry or other first place of landing in an area one copy shall be delivered by him to the customs officer in charge at such airport or place, and the original and other copy to the immigration officer in charge at such airport or place, with an information sheet in the case of each passenger unless within an exception prescribed on the back of that sheet.

(2) The original and triplicate of the inward manifest shall be delivered by the aircraft commander immediately to the customs officer in charge at such airport or place. The duplicate thereof shall be retained by the aircraft commander and forwarded promptly by him to the comptroller of customs in whose district such airport or place is located.

(3) The original inward manifest delivered to the customs officer shall be forwarded by him to the comptroller of customs above mentioned with appropriate notations thereon showing the disposition of the merchandise covered thereby. The triplicate copy of the inward manifest shall be retained by the customs officer as a record of entry of the aircraft (Commerce).*

116.9 Documents for clearance. (a) At the time of the departure of any aircraft from any area from which clearance is required by 8 116.4 or 8 116.6 the aircraft commander shall deliver

(1) Shipper's export declarations on Commerce Form 7525 to the customs officer in charge for all cargo on the aircraft (also for the aircraft itself if being flown from the United States for foreign account), and

(2) An aircraft commander's clearance declaration in accordance with this section. The above documents may be filed pro forma if the aircraft is departing from the United States and prior to departure a bond be given on Customs Form 7301, 7567, or 7569 and the completed documents be delivered pursuant thereto not later than the fourth day after departure, provided that during any period covered by a proclamation of the President that a state of war exists between foreign nations no aircraft shall be cleared for a foreign port until the shipper's export declarations have been filed with the customs officer in charge.

(b) The clearance declaration shall set forth:
(1) Identification marks of aircraft.
2) Name and address of owner.
(3) Name of aircraft commander.
14) Place and date of departure.
15) Place of destination.

16) Place and date of last arrival in the area. and shall contain:

(7) Immigration list in the English language, typewritten or printed in ink, showing full name (family name and given name), age, sex, and country of which citizen or subject, of each alien who was employed in any capacity on the aircraft at the time of last arrival from any place outside the United States and (as shall be noted on the list) has been discharged in the United States or has either deserted or is in hospital there; also the same information as to each alien leaving the United States as an employee on the aircraft who was not such when it last arrived in the United States (such alien to be indicated as additional). This requirement applies only to a departure to any place outside the United States but not to a departure from the mainland or Alaska to Canada or Mexico, nor if such information is furnished in accordance with 8 116.10.

(8) Immigration list in the English language, typewritten or printed in ink, of all passengers departing on the aircraft, showing full name (family name and given name), age, sex, country of which citizen or subject, and as to any alien, the place and date of last arrival in the United States. Additional facts as to the passengers, when the aircraft is departing for another area, shall be furnished on information sheets as required by paragraph (e) of this section. This subparagraph shall not apply to passengers departing from the mainland or Alaska to Canada or Mexico, or in travel between the mainland and Alaska.

(9) Outward manifests containing the following data with respect to each shipment: Marks, numbers, description and quantity of articles, and name and address of consignee.

(10) A statement subscribed by the aircraft commander that the information in the immigration lists is to the best of his knowledge and belief correct and complete, and an oath to the outward manifest to be subscribed and sworn to by the aircraft commander. Such oath may be executed before a customs officer having authority to administer oaths in the performance of his official duties, or other person having authority to administer oaths generally.

(c) The aircraft commander's clearance declaration shall consist of the original, with one copy if the aircraft is departing from the United States, and two copies whenever required by paragraph (e) of this section. The original immigration lists shall be detached and promptly filed by the aircraft commander with the immigration officer in charge. The original outward manifest shall be delivered by the aircraft commander to the customs officer in charge to be retained by him as a record of clearance.

(d) The copy of the clearance declaration for a departure from the United States shall constitute a clearance certificate when indorsed by the customs officer in charge that clearance is granted.