19 CFR § 122.61 - Aircraft required to clear.

---
identifier: "/us/cfr/t19/s122.61"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "19 CFR § 122.61 - Aircraft required to clear."
title_number: 19
title_name: "Customs Duties"
section_number: "122.61"
section_name: "Aircraft required to clear."
chapter_name: "U.S. CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY; DEPARTMENT OF THE TREASURY"
part_number: "122"
part_name: "AIR COMMERCE REGULATIONS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 301; 19 U.S.C. 58b, 66, 1415, 1431, 1433, 1436, 1448, 1459, 1590, 1594, 1623, 1624, 1644, 1644a, 2071 note."
regulatory_source: "T.D. 88-12, 53 FR 9292, Mar. 22, 1988, unless otherwise noted."
cfr_part: "122"
---


# 122.61 Aircraft required to clear.

(a) Private aircraft leaving the United States as defined in § 122.22, for a foreign area are required to clear as set forth in § 122.26. All other aircraft, except for public aircraft leaving the United States for a foreign area, are required to clear if:

(1) Carrying passengers and/or merchandise for hire; or

(2) Taking aboard or discharging passengers and/or merchandise for hire in a foreign area.

(b) Any aircraft used by members of air travel clubs are required to clear, and foreign aircraft traveling under a permit to proceed shall also clear.

[T.D. 88-12, 53 FR 9292, Mar. 22, 1988, as amended by CBP Dec. 08-43, 73 FR 68313, Nov. 18, 2008]