DOS Cable on CBP Additional Data Collection Regarding Air Passengers
UNCLASSIFIED STATE 00181546 P 292233Z SEP 05 FM SECSTATE WASHDC TO ALL DIPLOMATIC AND CONSULAR POSTS COLLECTIVE PRIORITY INFO HOMELAND SECURITY CENTER WASHINGTON DC PRIORITY 2749
SUBJECT: CIV AIR: INFORMATION ON NEW APIS RULE
1. As Posts may be aware, pursuant to the Bureau of Customs and Border Protection's (CBP) final rule issued on June 6, 2005, the Department of Homeland Security (DHS) will require all air carriers traveling to or from the United States to submit additional data fields for each passenger starting October 4, 2005. The required information will assist in the efficient inspection and control of passengers and thus will facilitate the effective enforcement of the U.S. customs, immigration, and transportation security laws. Implementation of the program has nevertheless been the cause of some concern amongst foreign carriers and governments. The following information may be supplied to host governments and carriers at Post's discretion. The information is also located on CBP's website at the following address: http://www.cbp.gov/xp/cgov/travel/id_visa/apis_final_rule_reqs.xml. This rule does not change the current transmission time requirement for Advanced Passenger Information System (APIS) data; pre-departure APIS is still under review by DHS.
2. Consular sections will also likely receive inquiries from the public and the travel industry. In response, consular sections should note that this requirement is a part of the Enhanced Border Security and Visa Entry Reform Act of 2002 and should refer questions to the CBP website for the specifics of the final rule.
3. BEGIN TEXT Advance Passenger Information System (APIS) Final Rule
Requirement
October 4, 2005 Implementation date
To All Interested and Affected Parties:
In response to industry concerns regarding the October 4,
2005 APIS Final Rule implementation date, CBP has
developed an implementation plan of informed and enforced
compliance that balances compliance goals with flexibility
built in to aid carriers demonstrating a good faith effort
to comply. CBP is already working with carriers
individually to address the October 4, 2005 deadline.
During the implementation process, CBP may employ both
informed (outreach) and enforced (penalties) compliance as
appropriate; however, even once the enforced compliance
stage is reached, CBP has mechanisms in place to work with
and mitigate penalties assessed against carriers on a
case-by-case basis. CBP already has designated, national
account managers who work directly with carriers on APIS
implementation and compliance issues on a full-time basis.
Carriers and other affected parties who are already doing
so should continue to utilize resources such as their
industry associations and CBP APIS national account
managers to obtain up-to-date information on APIS
compliance. CBP is also posting the full text of APIS
Final Rule to its website at www.cbp.gov for easier
reference.
- The APIS Final Rule implementation plan may be described
broadly as follows:
- The first stage will focus on achieving technical compliance - the ability to transmit data timely using the prescribed format and data interchanges;
- The second stage will focus on achieving technical and content (complete and accurate data) compliance; and
- The third stage will require full technical and content compliance.
Address
- CBP is required to collect address information by the Enhanced Border Security and Visa Entry Reform Act of 2002.
- Address information, in the larger context of passenger information, is central to risk assessment and targeting.
- Examples of acceptable addresses include:
STATE 00181546 002.2 OF 002
Carriers should make every effort to ensure the address information they collect and submit to CBP via APIS is identical to the U.S. destination address declared to CBP by the passenger upon application for entry (for I-94 purposes). Carriers should also make every effort to ensure the address submitted in the APIS manifest appears to be a valid address.
Below is clarification on what information should be included on the manifest for those passengers who are: (1) visiting the US; (2) joining a cruise ship; (3) picking up a rental car or; (4) those not knowing their address while in the United States:
- Visiting the U.S., and the passenger has a known
address.
Example;
Street Address: 1300 Pennsylvania Ave
City: Washington
State: D.C.
ZIP Code: 20229 - Transit to a cruise ship: CBP will accept "transit to
Cruise Line and Vessel/Cruise Name" in the address
field. The city of cruise embarkation should be
included. Example;
Street Address: Transit to MV Princess of the Seas
City: Miami
State: FL
ZIP Code: 99999 - Rental car pickup: CBP will accept if the first night
stay is NOT known, the general itinerary of the
traveler. If for example the traveler will be touring,
the general itinerary city, state and zip code (if
known). Example;
Street address: Touring the Grand Canyon
City: Grand Canyon
State: AZ
ZIP Code: 99999 - Hotel: For those passengers who are destined to a hotel
and do not know the street address for the hotel, CBP
will accept, Hotel name (if known), City (of first night
stay), State. ZIP Code should be provided if known.
Example;
Street Address: Downtown Hotel Hilton - (be as specific as possible)
City: Houston
State: Texas
ZIP Code: 99999 - CBP will continue to conduct outreach with the carrier organizations and post information to www.cbp.gov regarding the phased implementation schedule and the requirements for the address field.
RICE