I've tried calling the CBP call center multiple times today, and I only get a busy signal. I also sent an email, but it told me to contact my local Global Entry office. I'll let you know if I get any answers.

Which makes no sense from a legal standpoint.

The old question much more closely comported with what the law actually is.

Someone needs to take the new declaration up with the Ombudsman. Its very weasel-worded and leads to way too much unfavorable discretion on the part of individual CBP people.

I just spoke with "Tyler" at the CBP call center. He verified that, yes, all prescription drugs must be declared even though the Customs form and kiosks do not ask.

Tyler was kind, witty, and unsurprised by the question.

He said that it was unlikely that a customs officer would ask for any details, but that "the law has been in place for many years."

He agreed that an officer might be annoyed, might lecture otherwise, but it is actually a dual CBP/FDA rule (to his understanding--seems weird), and that passengers have to "cover their bases" even though it's not on the form.

He was aware of the press release about the "zero tolerance" policy for Global Entry.

Tyler said that if a customs agent becomes irritated or claims that a declaration is unnecessary, it is wise to submit a complaint or talk to a supervisor.

Given the proportion of traveling people with prescription drugs, I wonder if CBP might seek to clarify its policy to a quantity limit or something else to avoid wasting their time. "Here, let me show you my Lipitor" is not one of the goals of US Customs and Border Protection.


I wrote to one of my US Senators this afternoon. I'll see what she says.

So far I've emailed both of my senators, my congressman, and the FDA. I have received no responses.

Seventy percent of Americans take some form of prescription drug. If everyone follows the rule and starts declaring them, we're going to have a huge mess at our CBP checkpoints.

If you can think of anyone else worth contacting, let me know.

I always declare everything that should be declared.

Apart from taking a few minutes of my time, I don't know why people never like to declare things. In the US a lot of things don't have duty, especially electronics that people like to buy abroad.

As for the whole over $10,000 in currency deal, I think a lot people think the US will confiscate or tax it if they declare it. It's not made very clear on the form. Anyways they just want a record.

Figuring out what needs to be declared is the tricky part.

Back pre-GE, I always declared everything acquired abroad down to "misc papers $0;" even then it was never clear that non-scheduled prescription drugs that left the US with me and were coming back in were supposed to be declared and when asked specifically about prescription drugs "nothing acquired abroad" was accepted.

With GE, given the way the questions have been phrased on the machine and how we were told to arrive in the past, it's not even clear how you declare things without skipping the machine and going to an immigration agent -- which is what I've done when I've come back with questionable food products.

The FDA responded.

In their form letter response, they indicate that only scheduled drugs must be declared.

I don't know where one might find data, but that's still a significant number of people crossing through customs. In fact, a lot of people take a benzodiazepine (Ambien, Xanax, etc.) only when they fly.

In fact, the majority of prescriptions I write for these drugs are for flying only.

So there are two problems:
1. A discrepancy between what the FDA says and what CBP claims to enforce
2. Still a questionable need for passengers to stop and declare their Ambien

In fact, the FDA says that this includes passengers leaving the United States. If one were to follow the law, this would mean asking the airline to call a Customs officer to come to the ticket counter or gate to say, "I'm traveling with five Ambien, and the law says I need to declare them to you."

I would say then the best answer would be to follow the instructions of the agency that is actually doing the enforcement.

FB

Does CBP agree with FDA, that prescription drugs also need to be declared to CBP when departing the US (not unlike >$10K)?

RE: declaration on departure. There is some already an example of pre-departure declarations: you have to declare >$10K in cash to CBP (no idea what the procedure is, because I've never done it). Presumably drug declarations would be handled similarly?

There is no duty on electronics? Even if you go over your allowance? I didn't know that.

You would be hard pressed to find a CBP officer to declare it to unless you are very familiar with the process and location. Once you find the CBP Officer I can almost guarantee that the officer will be calling the FDA to enquire on how the FDA wants to proceed.

This is for the simple reason that in real life it doesn't happen. I have never taken a declaration for someone leaving with a prescription. Coming in to the United States yes very familiar with that. Money leaving the United States yes very familiar with that and could easily tell you the process.

I am also betting when I make that phone call to the FDA it will take awhile to find someone who truly knows the process if there even is one.

I agree that it can put the traveler in a difficult position but CBP see things like that situation, while not exactly like that, but similar off the walls things happen all the time. Things can be adjusted and dealt with on a case by case basis because it doesn't happen all the time. It is when the situation does happen often and repeatedly that can lock the agency into a certain course of action such as the example that you used concerning money being taken out of the United States.

FB

How would something that is OTC in (say) France but requires a prescription in the US be counted when you return to the US? Is every pax required to do a complete research of worldwide status of a given item?

Firebug4,
Exactly! They have a longstanding law, want a "crackdown," but the logistics for enforcement aren't in place.

This is the FDA guidance. If it needs a prescription here in the United States, it is not supposed to be allowed to enter from a foreign country. You will see that as is usually the case, the agency is more interested in commercial quantity then personal use quantity.

I found it interesting in the research that even drugs manufactured here in the United States for sale aboard are not supposed to be imported back to the United States in personal quantity only re-imported by the drug manufacturer.

http://www.fda.gov/ForIndustry/Impor.../ucm173751.htm

FB