In this case the boyfriend did receive an explanation, e.g. a past violation. Before going the FOIA route, did he have any violations, CBP or other, and if so, when and for what?

I am curious, does your BF recall anything that happened in his past that can or *might* be considered a customs violation? If he does, I hope he addressed it in the request for consideration narrative he wrote/submitted. Either way, it is still a good idea to submit a FOIA request so you can see how the violation was written up. It may be have been documented differently by the CBP officer than what your BF recalls.

As for getting the FOIA request going:

For "Agency", you will want to select "CBP FOIA Division".

For "Request Type" you will want to select "FOIA"

Select "No" for the "Request Expedited Processing" and "Request a Fee Waiver" sections.

I specified $100 for processing fees - I was willing to pay up to $100 in fees (if any) to acquire the information I wanted. The information I received cost $0.

For the description, this is what I entered:

I am requesting all CBP records relating to me. Specifically, I am interested in records regarding my inspection or examination upon my arrival at a U.S. Port of entry, anything that relates to customs law violations, CBP background investigation records pertaining to me, U.S. Customs and Border Protection (CBP) Trusted Traveler Program records pertaining to me. I am furnishing additional information about myself below to help aid in the retrieval of the records: TTP Membership Number: ********9 Known Traveler Number: ********H Passport number: ********4 DHS TRIP Number: ******2. My Birthdate is **-**-19**. Under penalty of purgery, I [my 1st, middlename, lastname], certify I am requesting this information on behalf of myself for myself.


My original request came back 4 months after submission with nothing. I called the FOIA office multiple times until I finally got a hold of a live person. I found out the person who did the FOIA record search for my request did not do it properly (failed to search all sources). I reopened my FOIA request and updated the description with the following: (after the following, I pasted my original request description)

Description: This has been re-opened and set to "Processing" state. After speaking with a FOIA Rep. (Nick), we learned that not all sources/databases had been searched for these records. It looks like only the border apprehension or similar records were checked, which resulted in an incomplete search and results. Expecting the re-examination to include ALL relevant databases to obtain the information referenced in the remaining body text of this request.

Good luck! It took around 6 months from the time of my first request submission to when the FOIA records were released to me.

He has never been sited or anything as far as CBP violations … the ONLY thing is while on cruises, we (along with 100's of others) purchase cigarettes and liquor because it is discounted … we fill out the customs forms per directions - usually, if over the allowed amount, you go and meet with customs and show them your declaration and they either waive duty or you pay … period … as stated, 100's of people do this every day (we see the line of people waiting to speak to the customs officers) - this would not explain why I received my GE (without reconsideration) and he has not … we have BOTH had to go to speak with customs at the end of cruises.

Also, as mentioned - we both have FBI and DOD (department of defense) security clearances that are regularly monitored - additionally, we have finger prints on file with the state of SC as we both have CWP (which has been renewed without issues).

Ok definitely wait for a disposition of his request for reconsideration. That is all you can do at this point.

While you are waiting, submit the FOIA request. That will likely come back before the disposition.

If the denial is upheld I suggest you reapply or re-submit a request for reconsideration, but this time include all the FOIA documents to support your assertion that your BF does not and never has had any customs violations. Documentation is king with these people.

Just in case you have to call them to follow-up like I did (multiple times) the number is:

(202) 261-8484

I found the best time to call was between 1100 and 1300 Pacific Time.

You will want to make sure you have your FOIA tracking number handy when you call.

I did not begin calling until my request came back with 0 results, 4 months after I submitted it.

Ok - so you started calling back the ombudsman's office or CBP after nothing on the FOIA?

It is unclear from this whether you truthfully declared the excess tobacco and alcohol and were waived through without payment of duty or whether you filed a false declaration. The former is standard and, of course, not a violation of anything as you have made a truthful declaration and CBP has elected not to assess duty (pretty common). The latter is a false declaration.

While it is unlikely that you would have a security clearance revoked over that, it would be pretty standard to revoke (or later deny) GE over a false declaration.

If this is the case, you may want to consider amending your FOIA request to focus in on the specific incident by date and location. You will find that FOIA requests which are narrow in scope and thus do not require extensive searches (the systems are not quite so automated as one might expect) are often processed in quite short order. Broad-based requests can take 4-6 months and longer.

If indeed this is the incident and you ask for reconsideration with an apology, do not suggest that "others do it, so it's alright if I do it".

Again, purchasing goods on a cruise or any type of vacation is completely normal ... you are allowed 1 carton of cigarettes, 1 liter of liquor and up to $800 (or $850) in goods to be brought back into the US ... Cruise ships will sell 2 carton or 4 carton deals - 99% of passengers will buy these (as they are much cheaper than on land) - open 1 carton (or 2 depending on how many / how much they smoke) and then the remainder over the allowance must be declared ...

Let me clarify the process ... while on a cruise, you purchase cigarettes, liquor, etc - the cruise line will send the information to CBP ... on the last night of the cruise (depending on the ship) - either A) a letter will be sent to the cabin and the person(s) on the letter are advised to meet with the CBP the morning of debarkation before getting off the ship - go meet with CBP and you give them your declaration form and they either waive duty or say this is how much you owe ... B) how they did it in year’s past, as you are exiting the ship you scan your card for the last time and a bell will go off and you are then told to go to the side and meet with CBP and they take you to a room and you give them your declaration and they either waive duty or say this is how much you owe ... C) after existing the ship you go through customs and give the CBP your passport and declaration form and answer any questions (if you have anything else to declare, etc) - they either say have a good day or say this is how much you owe.

It is nothing new - cruise passengers (or any travelers) buy stuff overseas and fill out declaration forms and either get duty waived or pay ... there was nothing fraudulent.

We cruise often and there is no way either of us can remember which cruises he/we bought over the allowance and had to meet with CBP ... If they give us a reason, date, time, etc then we can definitely document (if indeed it was an actual instance)

Moderator's Note: Topic Drift
 

Folks,

While some natural deviation from the subject matter of the thread is perfectly acceptable, please let's try to keep the focus of the discussion on the subject of this thread, that is how to best respond to and/or appeal denials of Global Entry applications.

We have plenty of other threads discussing US Customs declarations in both the Trusted Travelers and the Practical Travel Safety and Security Issues forums.

Thank you for understanding,

TWA884
Travel Safety/Security co-moderator

Whatever.

Just understand that the more you provide in a FOIA request by way of location & date, the faster it will be processed and that will provide you with better and actionable material you can use in a reconsideration.

Me? I would spend a bit of time and figure out whether and if so, when and where, I had got crosswise with CBP.

I started calling back FOIA when my FOIA request was closed and I was told by them that there were no results for my search.

I was caught bringing an undeclared item into USA a little more than two years ago. Paid a very large fine and both my GlobalEntry and PreCheck were revoked.

For the first 18 months or so, I would get torn apart every time I entered the USA. "Empty your pockets, etc..." I understood why. Guilty as charged.

The last six months or so, I would go to the kiosk, state nothing to declare, and sailed right through without inspection. So I guess I may have fallen off the black list.

Two weeks ago, I flew with my spouse who has GE and PreCheck, and somehow I got precheck too. Wow, that was nice.

So I applied for PreCheck again, went to my local airport and gave my fingerprints.

Was approved two days later with a new, different KTN.

Don't quite have the guts to reapply for Global Entry, but maybe I should....? What do you think?