1. (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. (1) Carrying passengers and/or merchandise for hire; or
   2. (2) Taking aboard or discharging passengers and/or merchandise for hire in a foreign area.
2. (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]