Guidance Requested: We made a mistake and landed in Puerto Rico in our Cessna 172 XP without having filed for eAPIS permission. Now we have a $5,000 fine and demand for payment from US Customs and Border Protection. It was our novice carelessness that slipped our mind when we changed our IFR flight planned destination while enroute.

After four days grounded with engine repairs at Provos Air Center, Providenciales,Turks and Caicos Islands, we departed at 4 PM on an IFR flight plan to Punta Cana. With favorable tailwinds at 11,000 we decided to extend our flight to Puerto Rico. Amended clearance was received from ATC and we were looking forward to being back in the US.

It was only after we landed in Borinquen, Puerto Rico that U.S. Customs asked us for our eAPIS confirmation. It was an embarrassing error that will always serve to remind me for the future.

We would greatly appreciate expert advise on how to respond to the U.S. Customs and Border Protection's Penalty and Demand for $5,000.00. We recognize our oversight does cost the US Government extra expense to respond and deal with our unannounced arrival. They have additional reports they have to complete and subsequent investigation to verify that we are friendly and legal.

With that said, $5,000 is a painful, financial hardship for me at this point in my flying career. Ideas that may help us deal affirmatively with this situation are appreciated.

Background: Our trip began in Raleigh, NC and 15 days later we arrived in Posada, Argentina. This was my first trip to the southern Bahamas, Caribbean and South America. AMAZING, EXCITING, CHALLENGING AND FUN! Here is a website/blog set up by my Dad to chronicle the event. www.starexod.wordpress.com

WOW, what a trip but what a painful experience with CBP.

First, normally CBP issues a warning to first time errors before issuing a fine. What CBP port did you land at in Puerto Rico? Could you scan and send us the document that they gave you? If you can please send to info@caribbeanskytours.com

We can reach out to the person over the eAPIS enforcement to see what his thoughts and opinions are. We had specifically discussed the limitations that GA aircraft have in their ability to communicate while in the air. At the time we were talking about the 30 minute requirement for changing ports which a typical GA aircraft would be unable to complay with as they normally do not have anything but a VHF radio. Were there any extenuating circumstances that prompted your decision to change destinatin while in the air?

I would also recommend contacting the AOPA legal department to determine what other legal recourse you may have.

US Customs Penalty for Flight Into Puerto Rico


Steele Scott
12:55 PM (1 minute ago)

to info, Ivan
Rick,
Thank you for responding to my blog and for your help! Attached is the US Customs Penalty document and two draft versions of my responding letter to the Demand. The first is my draft and the second is an attorney's draft from the US Virgin Islands that is a favor to me. That attorney is a labor attorney that is based in St. Croix and had a similar violation by flying a his private aircraft into or out of the US without filing the eAPIS. His fine was reduced to $500.

We landed in Borinquen, Puerto Rico. Extenuating circumstances are described in the two letters from slightly different points of view.

3 attachments — Download all attachments

US Customs Penalty.tif
381K View Download
DRAFT US Customs Penalty Response.pdf
43K View Download
Proposed letter from Steele to CBP Puerto Rico (1).doc
22K View Download

Argentina Express Ferry Flight website, www.starexod.wordpress.com

Hi Steele, I will take a look at them. What can I share with our CBP contact in Washington? What telephone number can I reach you at on Monday?

Rick,

Thank you. Everything can be shared with Customs as you see deem appropriate. My cell phone number is 203-520-7525. email: steeleinvest@gmail.com.

US Customs has given 60 days for me to respond to the Penalty and Demand. My deadline is February 14. I look forward to your call.

On Tuesday, I leave for Minnesota from North Carolina to pick up a Cessna 182. The C182 will be ferried to Argentina in March.

Rick,
Any luck so far with your CBP contact(s)?

Rick,
I am back from Cessna 182 ferry flight. Any luck with the CBP folks in DC? Is it OK if I give you a call?

Hello Steele, yes we have made progress and your case is now being reviewed by persons within CBP in Washington. While there are no guarantees of any kind, we explained your case and the circumstances involved. I have also frowarded them a copy of the fine that you sent us which has been extremely helpful.

In the meantime, CBP in Washington has asked that YOU DO NOT PAY the fine at this time until they have explored your case fully.

Rick,
Please allow me to express my gratitude for your help with this difficult situation with the U.S. Customs and Border Protection for my inadvertent landing without the proper eAPIS filing. $5,000 penalty would be a hardship that is difficult to overcome in this economy.

Although, I understand its purpose and respect the difficult and expensive task to protect our country and borders. My mistake does cost extra time and expense for the U.S. Government as they have additional reports and investigation requirements.

Thank you!

Rick,
Checking in to say thanks again and see if we made any progress.
Regards,

Good afternoon, Rick,
I am about to fly with a student before the weather pulls into Raleigh this afternoon. My student yesterday, the attorney, who along with his US Virgin Island colleague helped me draft the second letter to the US Customs Office, Puerto Rico advised me to send the letter so I don't violate the 60 day requirement.

At least while we wait for the internal process to continue, you know, not to add one more problem. What are your thoughts? I have until February 14 and of course, the letter will have to be in the mail sooner than that.

Hi Steele, I contacted CBP today and there is an investigation underway with the San Juan Field Office. The person with CBP in Washington says that San Juan is aware that he has instructed you to NOT pay the fine at this time. He says that it would be in your interest to sit tight for a few more days, he expects something soon.

Mr. Gardner,
Thank you for your amazing support here. It is great to have a seasoned expert with a solid reputation such as yours. I will standby a few more days.

Hi Steele, we are happy to assist you. Based on what you have shared with us, we also feel that there were extenuating circumstances in your case. As I told CBP in Washington, as a pilot and as a CFI I completely understand the the thought process that you describe and you clearly had the safety of flight foremost in your mind. As a first time international flier, eAPIS considerations were something new and foreign. Therefore, we also feel that it is unfair and excessive to hit you with a fine, especially one of this magnitude.

Let's hope for the best and we will advise as soon as we hear something.

Hello Steele, we just received confirmation that your penalty case regarding your flight to Puerto Rico has been canceled. I have been assured that a cancelation notice is being sent to you. Please advise us when you receive it so that we can be sure that this has been resolved.

We are happy to see that CBP listened to your case and concluded that you deserved additional consideration. It is reassuring to see that there are people who have reconsidered your case and taken action accordingly.

I think this has served as a painful reminder to all of us of what can happen if we do not comply with CBP rules. We cannot exepect that all penalty cases will result with such happy endings and we all need to be vigilent to comply with the rule.

Rick,
Professionalism and persistence pays! I am grateful for your help with the U.S. Customs and Border Protection. AOPA endorses you and referred me to you for a very delicate situation of my eAPIS violation. On my own, I am fairly certain it would have cost me a significant amount of money.

My plan is to donate a portion of what could have been my fine to Bahamas Habitat for Humanity as a gesture of appreciation.

Thank you!

Steele, I am sure that your donation to Bahamas Habitat will be greatly appreciated and will benefit many Bahamian families in the family islands. As a Bahamian myself, I know that there is a lot of need, especially after the devastating hurricane last year.

Rick,
Good morning from North Carolina. The CBP letter must still be in transit and has not arrived my mail box as of yet.
You are the best!

Mr. Gardner,
If the letter fails to arrive in today's mail, what would you recommend?
Respectfully,

If it does not arrive today, send me an email and I will contact CBP in Washington to advise them that nothing has occurred.

I forgot today is President's Day...No mail...

Good Morning to the famous Caribbean Sky Tours folks,
I am doing my best to pass the good news about your operation to people and will be making a presentation to a group of 50 to 100 at Wings of Carolina Flying Club tomorrow nite. Your name will come up in a very positive light. People from Bahamas Habitat will be there.

Also, in April at the EAA1114 Chapter breakfast we have been invited to present again to a group that could number up to 125 people. I am grateful for the opportunity to promote Caribbean Sky Tours.

P.S. Still no letter from U.S. Customs. Do you have any advice at this point? Should I contact them directly?

Hi Steele, I have called CBP and left a message with the person who has been involved in this case. I have alsos ent an email expressing your concern about not having received anything officially from CBP. I will advise as soon as I hear something.

Hi Steele, I am told that your case officially appears on the internal CBP system as "case cancelled" on February 07. They are checking right now with CBP in San Juan to see if a cancelation notice was mailed. I will let you know what they say.

Rick,
Thank you. Ivan Perez and I presented our Argentina Ferry Flight to an audience of about 50 people from the Wings of Carolina Flying Club and EAA1114 Chapter members. We were scheduled to speak for 45 minutes and were encouraged to go for an additional 45 minutes because of audience interest.

We spoke highly of Caribbean Sky Tours and Rick Gardner to the group because of your guidance for the trip and help with the $5,000 Customs Penalty and Demand. There were two members of Bahamas Habitat for Humanity and the Chief Pilot for Children's Flight of Hope and an US Air Boeing 767 Captain and warbird pilot.

Hi Steele, I was informed today by CBP that your cancelation notice was put in the mail this past Friday. Please advise when you receive it.

GREAT NEWS! Cancellation Notice received! Thank you for your persistence and support to see this through to a successful end. You can be sure my actions in the future will always include proper filing of eAPIS notice to and from the United States and its territories.

I would attach the US Customs and Border Protection letter dated February 24, 2012 if I knew how. You will receive it by separate email.

I am very grateful for your effort with supporting my case.
Respectfully,