CBP Southern Border Overflight Exemption (BOE) allows operators the potential to overfly the first CBP Designated port of entry,
when arriving to the Continental United States via:
• The U.S./Mexican border or the Pacific Coast from a foreign place in the Western Hemisphere south of 33 degrees north
latitude,
• The Gulf of Mexico and Atlantic Coasts from a place in the Western Hemisphere south of 30 degrees north latitude,
Allowing to land at more inland destinations, provided that the operator has complied with all other applicable CBP requirements,
including APIS, landing rights and permission to land have been granted by the inland port.
CST Flight Services has been involved in weekly meetings with CBP Headquarters where they share guidance and relevant information
regarding regulations, procedures, and best practices for general aviation operations.
It is of great importance for us to share that CBP authorities emphasized the major role BOEs have in the execution of private and
charter operations and the serious consequences that can result from failing to comply with all the terms of its use.
When making use of a valid BOE, it is the pilot in command who must ensure is capable and prepared to comply with:
• ALL the terms of use stated on the exemption letter.
• A transponder that reports aircraft position and altitude (i.e., Mode C, Mode S).
• Flying in accordance with instrument flight rules (IFR)
• Maintaining altitudes above 12,500 feet mean sea level (unless otherwise instructed by Federal Aviation Administration controllers).
Among the guidelines outlined for general aviation operators and pilots, the following stand out:
• Illegal Charter Operations are a serious offense under US and International regulations.
• The Pilot in Command is responsible for declaring the correct type of operation, Part 135 or Part 91.
• The name of the Operator that appears on the BOE must be the exact same as the one filed on the eAPIS and all other
certificates/certifications.
• A BOE issued to an Operator cannot be used by a different one.
• CBP officers do not have the authority to approve arrivals at a non-designated airport without a valid BOE.
Noncompliance with the terms of use of the BOE or any other CBP requirements and regulations may become grounds for the cancellation
and/or the denial of an Overflight Exemption and/or penalty case initiation.
Currently, for a new BOE or renewal application, authorities are inquiring more detailed information form the operator.
More information is expected as the matter is still under review in detail, we will keep you informed.
To read all the BOE Terms of Use,
Click here: BOE Terms of Use - Example
