(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]