Surety Bond Encyclopedia

Airport Customs Bond Bond - Statewide in All States

Brief Summary

Employees cannot get a CBP access seal for the customs security area of an international airport unless their employer stands behind them with a bond. The airport customs bond is that guarantee, sized to how many of your people need unescorted access, and filed once as a continuous bond that renews each year.

The Airport Customs Security Area Bond, activity code 11 on CBP Form 301, supports applications for access to customs security areas at airports handling international air commerce. It is a continuous bond with a minimum of $25,000 for fewer than 15 employees requiring access, $50,000 for 15 to 25, and $100,000 for more than 25. Employers already bonded as an importer or broker, custodian of bonded merchandise, or international carrier use that existing bond instead.

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How to Apply for a Airport Customs Bond Bond:

  • Count the employees who need unescorted access to the customs security area and pick the matching bond tier.
  • Check whether the company already holds a CBP bond under activity code 1, 2 or 3, since that bond already covers access.
  • Complete the surety application with the company's legal name, address and importer or tax identification number.
  • Pay the premium and receive the executed CBP Form 301 marked for activity code 11.
  • Submit the bond to CBP with each employee's Customs Form 3078 access seal application and the fingerprint and processing fees the port director requires.

Detailed Information About the All States Airport Customs Bond Bond:

The bond amount follows your headcount

CBP sets the minimum amount by the number of employees who need access to the customs security area, according to its public guide How CBP Sets Bond Amounts:

  • Fewer than 15 employees requiring access: $25,000
  • Between 15 and 25 employees requiring access: $50,000
  • More than 25 employees requiring access: $100,000

It is a continuous bond only. CBP does not write it as a single transaction bond. If your access roster grows past a threshold, ask the port whether the bond must move to the next tier.

Who needs it and who already has it covered

Under 19 CFR 122.182, anyone located at, operating out of, or employed by an airport that accommodates international air commerce and who needs unescorted access to a customs security area must apply for a Customs access seal on Customs Form 3078, with written justification from the employer. The employer must back that application with a bond.

If the employer is already the principal on a CBP Form 301 bond containing the importer or broker conditions of 19 CFR 113.62, the custodian conditions of 113.63, or the international carrier conditions of 113.64, that bond serves the purpose. Section 113.62(i), for example, already includes an agreement to comply with the customs security area rules. Everyone else, such as airport tenants and service contractors, must file the Airport Customs Security Area Bond under Part 113 Appendix A.

State or local government related agencies may have the bond waived at the discretion of the port director.

What the bond guarantees

The principal agrees to comply with the CBP regulations that apply to customs security areas at airports. If the principal or its people default, the principal and surety agree to pay liquidated damages of $1,000 for each default, or another amount authorized by law or regulation. The bond runs for one year from its effective date and continues from year to year, with each annual period treated as a separate bond.

The employer also takes on duties that sit alongside the bond: advising employees of the regulations, reporting employment changes to the port director, running background checks and keeping those records for one year after employment ends.

How the premium is set

The premium is based on the bond amount for your tier and the surety's review of the company's credit and financial condition. Because the bond carries per violation liquidated damages, the surety will also look at how the company controls employee access.

Eligibility and Requirements for a All States Airport Customs Bond Bond:

  • Continuous bond on CBP Form 301, activity code 11, under 19 CFR Part 113 Appendix A.
  • Minimum amount of $25,000, $50,000 or $100,000 based on the number of employees requiring access.
  • U.S. Customs and Border Protection as obligee.
  • Liquidated damages of $1,000 for each default.
  • Employer background checks and records kept for one year after employment ends.

All States Airport Customs Bond Bond FAQs:

How much bond do we need?

It depends on how many employees need access. CBP sets the minimum at $25,000 for fewer than 15, $50,000 for 15 to 25, and $100,000 for more than 25.

We already have a continuous import bond. Do we need this one too?

Not if your company is the principal on a CBP bond containing the conditions of 19 CFR 113.62, 113.63 or 113.64. Under 122.182(c), that bond supports your employees' access seal applications. The Airport Customs Security Area Bond is for employers without one of those bonds.

Can a government agency skip the bond?

Possibly. Section 122.182(c)(1) lets the port director waive the Airport Customs Security Area Bond for state or local government related agencies. Ask the port director before assuming a waiver applies.

What does a violation cost?

The bond sets liquidated damages of $1,000 for each default, or another amount authorized by law or regulation. The principal and surety are both liable, and the surety will seek reimbursement from the principal.

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