The purpose of this brochure is 

to clarify the proper declaration 

of “private” vs. “commercial” 

status of aircraft and aircraft 

operators at time of inbound 

Customs and Border Protection 

(CBP) clearance. 1300 Pennsylvania Avenue, NW

Washington, DC 20229

1-800-BE-ALERT

Please visit the U.S. Customs and 

Border Protection Web site at

www.cbp.gov

CBP Publication No. 0000-0622

October 2003

Aircraft Status 

Declaration

Information for All Pilots

and Operators of Aircraft 

Transporting Passengers

and/or Cargo (Including Mail)
 “Commercial Aircraft” are defined by U.S. 

Customs regulations as aircraft “transporting 

passengers and/or cargo for some payment 

or other consideration, including money or 

services rendered.” 19 C.F.R. § 122.1(d). A 

“Commercial Aircraft” also includes any aircraft 

which is not carrying passengers and/or cargo 

at the time of its inbound CBP clearance, but 

which, nonetheless, left the U.S. with passengers 

and/or cargo transported to a foreign area for 

“commercial purposes.”

 “Private Aircraft” are defined as aircraft 

which are not carrying passengers and/or 

cargo for “commercial purposes” (that is, for 

payment or other consideration). 19 C.F.R. § 

122.1(h)(1). “Private Aircraft” also may include 

returning aircraft which are not carrying 

passengers and/or cargo and did not leave the 

U.S. with passengers and/or cargo carried for 

“commercial purposes.” 19 C.F.R. § 122.1(h)(3).

 Consistent with the above definitions, a 

“commercial aircraft” departing the U.S. 

carrying passengers and/or cargo (including 

processed and unprocessed mail) for payment 

(that is, for a “commercial purpose”) MAY NOT

be declared by the pilot or aircraft operator as a 

“private aircraft” upon its return to the U.S.

 In determining whether an aircraft is “private” 

or “commercial” for CBP clearance purposes, 

pilots and/or aircraft operators must ask 

themselves the following:

1. Has any form of payment or other 

consideration been supplied (or agreed 

to be supplied), directly or indirectly, to 

the pilot and/or aircraft operator by any 

passenger, any non-passenger third-party, 

or any business (i.e. a hotel, resort, casino, 

travel agency, charter broker, etc.) not 

directly connected with the actual operation, 

ownership or navigation of the aircraft (or 

the operator’s air transport business)?

Indirect third party payments include payments provided to a pilot and/or aircraft 

operator by a hotel, resort, casino, travel 

agent, charter broker, etc. for the service of 

transporting its guests or customers, regardless of whether such payments are made: 

(a) on a non-scheduled per flight basis, 

(b) in accordance with a so-called “private 

carriage” contract between such a business 

and the pilot and/or operator, or 

(c) through any other means.

2. Was such payment provided (or agreed to 

be provided) as consideration for the service 

of transporting any passenger(s) and/or 

item of cargo, including cargo consisting 

of processed or unprocessed mail or other 

items transported via an air courier service 

agreement?

If the answer to both of the above inquiries is 

in the affirmative, then the aircraft conducting 

the flight must be declared as a “commercial” 

aircraft conducting a flight for “commercial 

purposes” as set forth in 19 C.F.R. §§ 122.1(d).

 Consistent with the above definitions, a pilot 

and/or operator of a “commercial aircraft” 

MAY NOT truthfully file a Private Aircraft 

Enforcement System (“PAES”) Report (Customs 

Form 178), without notifying CBP personnel 

of the true commercial nature and purpose of 

the flight. Submission of a false PAES Report 

under these circumstances will constitute 

a criminal offense if done knowingly and 

willfully. Moreover, it would amount to a 

potential criminal false statement for any pilot 

or other flight crew member of such an aircraft 

to affirmatively set forth that the purpose of 

his/her travel was “personal” upon any CBP 

declaration (Customs Form 6059B) that is filed 

by the pilot along with such a PAES Report.

 Pilots and aircraft operators should be aware 

that FAA regulations and publications do not 

dictate whether a particular aircraft or flight 

operation is “private” or “commercial” for CBP 

purposes. For example, the alleged distinctions 

made by the Federal Air Regulations between 

“private” and “common” carriage operations, 

as well as issues pertaining to whether or not 

an aircraft operator is “holding out” to the 

public, or is engaged in leasing, “wet-leasing,” 

or operating pursuant to a so-called “private 

carriage” agreement is irrelevant in determining 

whether an aircraft is “private” or “commercial” 

within the meaning of the Customs regulations.

 It is the duty of the pilot and/or aircraft 

operator seeking CBP clearance to properly 

ascertain whether an aircraft presented to CBP 

is “commercial” within the meaning of the 

above-mentioned regulations. As stated earlier, 

this determination must be made independent 

of any contrary interpretation of the terms 

“private” or “commercial” arising from the 

Federal Air Regulations or addressed by the FAA 

in any of its publications or circulars.

 All commerical aircraft are subject to applicable 

fees and submission of electronic manifests as 

provided for by regulations.

Please visit the CBP web site for an explanation of 

clearance procedures for aircraft being operated in 

a commercial capacity, including requirements for 

posting Customs bonds and for providing advance 

passenger and cargo manifests.