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Old Jul 12, 2015, 5:32 am
  #31  
 
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I've made mental note that the words "None of your @&$?ing business" would fit quite nicely, but alas have yet to pluck up the courage to actually write them.
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Old Jul 12, 2015, 7:21 am
  #32  
 
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Originally Posted by IAD_flyer
This can be viewed as entrapment, lets say you visit Cuba without a Treasury licence or a valid licence exemption. If you do not list Cuba you have made a false declaration to CBP. If you list Cuba you have admitted to a crime.

Of course, the Cuba travel issue should be "fixed" in the next few years. Also as far as I know the US government does not prohibit travel to any other nations. But I am sure there are other cases where this could be entrapment for some.
That's not true -- VISITING Cuba is NOT a crime. At one point, they tried to make it one -- my oldest passports contain a warning that they are not valid for travel to North Vietnam, North Korea, Mainland China or Cuba (bizarrely, of course, visiting the USSR was never banned). That travel ban was successfully challenged in court as inconsistent with the Constitutionally-guaranteed right to "freely assemble", so the government then announced that it acknowledged the right of citizens to travel to Cuba, but then said that spending any money there would be prosecuted under the WW I-era "Trading with the Enemy" Act. I think most people view this as a slippery bit of legal sleight-of-hand, and apparently the government agrees because any time someone has tried to challenge the governments use of this legislation, the government caves in and drops prosecution; in this way, they avoid having the courts rule against them and prevent them from using the threat of prosecution agaist visitors to Cuba in the future. It's the same legal tactic they used for years with the 'no-fly' list -- every time a plaintiff was on the verge of getting an injunction ordering the government to let them fly, the government suddenly removed them from the list and then argued that the plaintiff had "no standing" because they were free to fly, thereby avoiding a legal precedent that would shut down the 'no-fly' list entirely.

So with respect to Cuba, American travellers who are known to have visited Cuba are routinely subjected to questions about "who paid for your trip?" Unfortunately, the majority of them allow themselves to be browbeaten into making some admission that they spent money there, and it is this self-incrimination that is used to asses a fine against the traveller.

So you are partly correct -- if you go to Cuba, you must list it on your form or risk prosecution for perjury. My routine response to any and all questions posed by US customs and immigration is that "I decline to orally amend the written customs declaration you have in front of you, which I fully and truthfully completed and signed under penalty of perjury" As i have posted elsewhere in this forum, I have had customs agents make all sorts of false and misleading statements about their authority at the border ("the Constitution doesn't apply here because you haven't entered the United States yet"; hmm, yes, well "if I 'haven't entered the United States,' then how is it you have any authority here?"), but the fact is the 5th Amendment protection against self-incrimination, along with the rest of the US Constitution, the United States Code and all treaties etc to which the USA is a party -- with a VERY small, VERY limited exception to some parts of the 4th Amendment's prohibitions against search without a warrant -- are in FULL force at the border.

Last edited by Blogndog; Jul 12, 2015 at 7:33 am
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Old Jul 14, 2015, 7:53 pm
  #33  
 
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Originally Posted by tumxuk
When the US customs declaration form asks you to list countries visited prior to US arrival, what does that mean in practice
When I lived overseas and flew directly to the US, I would list "none".
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Old Jul 14, 2015, 11:22 pm
  #34  
 
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To get back to the earlier discussion about having to reclear security upon arrival to the US...Actually, it seems that there would be an easy way to change the setup so that arriving passengers would not have to clear security upon arrival to the U.S. because of having contact with their checked luggage (of course, perhaps the security staff of other countries is not trusted, but this is a different issue).

At some pre-clearance airports, one does not have access to one's checked bag and instead, looks at a picture of one's bag on a computer screen upon arrival to verify that the picture is of the traveler's bag. Except for cases of secondary inspection, the passenger never has contact with his or her bag at Customs. It seems that this type of situation could easily be setup for Customs in non-preclearance airports. Perhaps there could be two lanes, one for passengers arriving to their final destination who would pick up their bag and one lane for passengers who are connecting to another flight who would instead look at a picture of their bag. A barrier could be put in place to prevent passengers from switching lanes.

In the case of a secondary inspection, the agent could tell the passenger that he or she is not allowed to touch the contents of his or her bag (with only the customs agent being allowed to do so) which would thus prevent the passenger from potentially being in contact with items not allowed in the secured area. Or it could be setup where only connecting passengers who are sent to secondary inspection have to reclear security.
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Old Jul 15, 2015, 6:03 am
  #35  
 
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Originally Posted by guflyer
To get back to the earlier discussion about having to reclear security upon arrival to the US...Actually, it seems that there would be an easy way to change the setup so that arriving passengers would not have to clear security upon arrival to the U.S. because of having contact with their checked luggage (of course, perhaps the security staff of other countries is not trusted, but this is a different issue).

At some pre-clearance airports, one does not have access to one's checked bag and instead, looks at a picture of one's bag on a computer screen upon arrival to verify that the picture is of the traveler's bag. Except for cases of secondary inspection, the passenger never has contact with his or her bag at Customs. It seems that this type of situation could easily be setup for Customs in non-preclearance airports. Perhaps there could be two lanes, one for passengers arriving to their final destination who would pick up their bag and one lane for passengers who are connecting to another flight who would instead look at a picture of their bag. A barrier could be put in place to prevent passengers from switching lanes.

In the case of a secondary inspection, the agent could tell the passenger that he or she is not allowed to touch the contents of his or her bag (with only the customs agent being allowed to do so) which would thus prevent the passenger from potentially being in contact with items not allowed in the secured area. Or it could be setup where only connecting passengers who are sent to secondary inspection have to reclear security.
You could do this, but seems like a lot of extra effort for relatively modest benefit. You still have to wait for your bags to be offloaded, and then you have to wait for them to come through on the belt, point them out, etc. Lot more hassle than just picking them up off the belt, walking through customs, and dropping them at a desk on the other side. You'd probably also have to have another division of lines, for people coming from areas where the US signs off on the security, and people coming from areas where it doesn't necessarily.

For what it's worth, most of the big European and Asian airports rescreen passengers on arrival from international flights from at least some destinations.

For major European and Asian airports (LHR, CDG, FRA, NRT, SIN, etc.), there are a LOT of connecting passengers who are arriving from foreign country A, and connecting to a flight to foreign country B. That's a very small amount of traffic for US airports (non-zero, but not a lot). The vast majority of pax who fly from foreign airports into US airports are ending their trips at some location in the US.
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Old Jul 16, 2015, 5:12 pm
  #36  
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Originally Posted by guflyer
To get back to the earlier discussion about having to reclear security upon arrival to the US...Actually, it seems that there would be an easy way to change the setup so that arriving passengers would not have to clear security upon arrival to the U.S. because of having contact with their checked luggage (of course, perhaps the security staff of other countries is not trusted, but this is a different issue).

At some pre-clearance airports, one does not have access to one's checked bag and instead, looks at a picture of one's bag on a computer screen upon arrival to verify that the picture is of the traveler's bag. Except for cases of secondary inspection, the passenger never has contact with his or her bag at Customs. It seems that this type of situation could easily be setup for Customs in non-preclearance airports. Perhaps there could be two lanes, one for passengers arriving to their final destination who would pick up their bag and one lane for passengers who are connecting to another flight who would instead look at a picture of their bag. A barrier could be put in place to prevent passengers from switching lanes.

In the case of a secondary inspection, the agent could tell the passenger that he or she is not allowed to touch the contents of his or her bag (with only the customs agent being allowed to do so) which would thus prevent the passenger from potentially being in contact with items not allowed in the secured area. Or it could be setup where only connecting passengers who are sent to secondary inspection have to reclear security.
I wouldn't welcome this. Having seen what this means for me when using Preclearance airports for international to international flight transits on the way to the U.S. where I am one of the first passengers off my flight, I wouldn't welcome such an approach at the U.S. airports of entry where I transit onto domestic US flights.
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Old Jul 20, 2015, 7:07 am
  #37  
 
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The form doesn't say "list all countries," so I only list "countries." Usually the two or three "cleanest" of those to which I've traveled.
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Old Jul 20, 2015, 9:34 am
  #38  
 
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Originally Posted by FlyIgglesFly
The form doesn't say "list all countries," so I only list "countries." Usually the two or three "cleanest" of those to which I've traveled.
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