FlyerTalk Forums - View Single Post - Global Entry Kiosk, Facial Recognition & App Food/Declarations
Old Jun 3, 2014 | 4:34 pm
  #151  
seawolf
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Originally Posted by seawolf
Each of us have different acceptable tolerance for risk. Based on research and experience with secondary, this is acceptable "risk" but again I think the risk of "losing GE" is overblown (or even non-existent) by FT individuals who have not done any research at all.

In the past 15 GE eligible trips, I've been flagged twice for a secondary and both times were due to answering YES. Both times cost 15-20 minutes. Both times, the CBP officer performing the secondary indicted not to declare chocolates/sweets and that they are looking for agricultural products (meat fruit plant).

GE is authorized by the CFR quoted above. The food question is tie to that particular section of CFR and again is for declaration of restricted/prohibited goods. Even if you were to be discover carrying chocolates/sweets on a random secondary and that officer wanted to revoke GE, I think it can be argued on appeals no rule was being violated.

Going back to the first point, each of us have an acceptable level of risk. In this case, I think the risk just isn't there to begin with.

Originally Posted by seawolf
This couple did get it revoked for repeatedly failing to declare "about 25 pounds of chick peas and five pounds of popcorn with green curry leaves."

Dulles CBP Seizes Undeclared Food in 7 of 8 Suitcases

This one for failing to declare "$6,083 amount of merchandise"

Philly CBP Assesses $6K Duty Penalty, Revokes Trusted Traveler’s Privileges

SENTRI revoked - Nogales, Ariz. CBP Officers Seize $1.55 Million in Drugs, Recover Stolen Vehicle

NEXUS revoked - Detroit CBP Seizes Undeclared Ammunition from Trusted Traveler
Did a bit more digging due to press releases from CBP on incidents where trusted traveler privileges were revoked.

Under 19 CFR 148.16

§148.16 Amendment of declaration.
(a) Before examination. A passenger shall be permitted to add an article to his declaration if, before examination of his baggage has begun, the fact that the article has not been declared is brought to the attention of the examining officer by the passenger.

(b) After examination is begun. A passenger shall be permitted to add an article to his declaration after examination of his baggage has begun if, before any undeclared article is found, the passenger advises the examining officer that he has such an article and the officer is satisfied that there was no fraudulent intent. Under no circumstances shall a passenger be permitted to add any undeclared article to his declaration after such article has been discovered by the examining officer.
I still maintain that not declaring YES to chocolates and sweets is not an issue to begin with. In practice, it seems that, even when called to secondary there is an opportunity to amend your declaration.
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