| DHS Publishes Notice Regarding Required Use of ESTA
[Federal Register: November 13, 2008 (Volume 73, Number 220)]
[Notices]
[Page 67353-67354]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13no08-108]
[[Page 67353]]
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Part V
Department of Homeland Security
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Customs and Border Protection
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The Electronic System for Travel Authorization: Mandatory Compliance Required for Travel Under the Visa Waiver Program; Notice
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DEPARTMENT OF HOMELAND SECURITY
Customs and Border Protection
[USCBP-2008-003; CBP Dec. No. 08-44]
The Electronic System for Travel Authorization: Mandatory Compliance Required for Travel Under the Visa Waiver Program
AGENCY: Customs and Border Protection, DHS.
ACTION: General notice.
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SUMMARY: The Department of Homeland Security (DHS) announces that, beginning January 12, 2009, all nonimmigrant aliens traveling to the United States under the Visa Waiver Program (VWP) must obtain an approved travel authorization from the Department's Electronic System for Travel Authorization (ESTA). To comply with ESTA, VWP travelers must provide electronically to U.S. Customs and Border Protection (CBP) the information currently collected on the I-94W Nonimmigrant Alien Arrival/Departure (Form I-94W) through the CBP ESTA Web site and receive authorization to travel before embarking on travel to the United States.
DATES: Nonimmigrant aliens traveling to the United States under the VWP on or after January 12, 2009 are required to obtain travel authorization through ESTA.
ADDRESSES:
To apply for travel authorization under ESTA, visit the Web site: https://esta.cbp.dhs.gov/.
For additional information on ESTA, visit the Web site: http://www.cbp.gov/esta.
FOR FURTHER INFORMATION CONTACT: Beverly Good, Office of Field Operations, CBP.ESTA@dhs.gov or (202) 344-3710.
SUPPLEMENTARY INFORMATION:
Background
Citizens and eligible nationals of participating Visa Waiver Program (VWP) countries may apply for admission to the United States at a U.S. port of entry for a period of 90 days or less for business or pleasure without first obtaining a nonimmigrant visa, provided that they are otherwise eligible for admission under applicable statutory and regulatory requirements. See 8 CFR 217. The countries which are currently eligible to participate in the VWP are listed in 8 CFR 217.2(a).\1
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\1\ Further details regarding the VWP are contained in the background section of the June 9, 2008 interim final rule, at 73 FR 23440 and on the Web site www.cbp.gov/esta.
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Section 711 of the Implementing the Recommendations of the 9/11 Commission Act of 2007 (9/11 Act) requires the Secretary of Homeland Security, in consultation with the Secretary of State, to develop and implement a fully automated electronic travel authorization system. Section 711 requires that this system collect such biographical and other information that the Secretary of Homeland Security determines necessary to evaluate, in advance of travel, the eligibility of the alien to travel to the United States, and whether such travel poses a law enforcement or security risk. Section 711 also requires the Secretary of Homeland Security to publish a notice in the Federal Register no less than 60 days before DHS implements ESTA as a mandatory program. Public Law No. 110-53, Title VII, Sec. 711(d)(2); 8 U.S.C. 1187 note.
On June 9, 2008, DHS published an interim final rule in the Federal Register (73 FR 23440) establishing the ESTA program for aliens traveling to the United States under the VWP.\2\ As required under section 711 of the 9/11 Act, the interim final rule provided that ESTA |
