I am forwarding this communication from Customs Border Protection regarding OverFlights: Stephen Blythe

We were able to successfully implement changes to our system this week that allow for an updated set of Overflight Exemption terms and conditions. We are beginning to issue Overflight Exemption letters to individual operators with the following explanatory text. Please pass on this text to your clients and stress the need for patience during the transition period:

The new format permits operators to operate ALL authorized aircraft with ALL authorized crew while conducting an Overflight arrival.

Because this change in procedure is occurring on a case-by-case, operator-by-operator basis, CBP officers are having to process operators who have been authorized under three sets of terms and conditions. Until we make the full transition where all operators are authorized and operating under the same ALL aircraft, ALL crew authorization, please be patient with our officers.

We are advising our officers the compliance burden of proof lies with the aircraft operator and upon arrival, the aircraft operator must demonstrate compliance by presenting the approval letter and addressing any questions of adherence to the terms and conditions contained therein. Again, while we transition, aircraft operators will have been issued different letters with different terms and conditions requirements, and will be held accountable to the authorization (the letter) they have been granted.

As an example, if an aircraft operator has been issued an Overflight Exemption letter permitting only certain aircraft or certain crew, then they are only authorized to utilize those specific aircraft and/or specific crew.

But, if an aircraft operator has been granted a (new) Overflight Exemption letter permitting ALL authorized aircraft and ALL authorized crew, they are allowed to operate freely as long as the APIS manifest does not indicate any information to deny or prevent the flight's arrival.

Going forward, as long as your operator name remains unchanged, until your Overflight Exemption nears expiration, there is no need to inform this office of any crew or aircraft updates, changes, or deletions.

Thanks for your patience. Please let us know if you require any assistance or if you are met with any resistance from one of our ports.

For the time being, only submit requests for Overflight Exemption applications, updates, and renewals as they naturally occur. And, since there is no longer any Personally Identifiable Information (PII) being shared, feel free to include the operator information within the body of an email.

Thanks for all your support and partnership in helping make this change occur. We really appreciate it!

Dianna Sullivan
General Aviation Program Manager-Operations|Office of Field Operations| CBP Headquarters|