DOS Cable Contains Press Materials on Transit Without Visa Program Suspension

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UNCLAS STATE 224098

INFORM CONSULS, PAOS, ECONOMIC AND COMMERCIAL OFFICERS

E.O. 12958: N/A
TAGS: CVIS, ASEC, EAIR
SUBJECT: TRANSIT WITHOUT VISA (TWOV) SUSPENSION -- PRESS
RELEASE, TALKING POINTS AND HANDOUT

REF: STATE 224096

1. NIACT precedence required due to immediate change in regulation affecting travelers worldwide and action request in paragraph 3. This message has been cleared by the HR duty officer for transmission to SEP posts.

2. Below are press guidance, talking points and handout materials issued by the Department of Homeland Security concerning the suspension of TWOV privileges described in reftel.

3. Posts should maximize distribution of the press release to news media in your host countries immediately. Contact should be made as soon as possible to notify host governments of this change. Airlines should immediately be notified of these changes so they will not board TWOV passengers not subject to the limited exceptions described in these documents.

PRESS RELEASE

4. PRESS RELEASE ISSUED BY DEPARTMENT OF HOMELAND SECURITY AT 12:30 pm EDT August 2, 2003. BEGIN TEXT OF PRESS RELEASE:

HOMELAND SECURITY AND DEPARTMENT OF STATE TAKE IMMEDIATE STEPS TO MAKE AIR TRAVEL EVEN SAFER
Special International In-Transit Programs Suspended

WASHINGTON, DC -The U.S. Department of Homeland Security and the U.S. Department of State today suspended two programs that allow certain international air passengers to travel through the United States for transit purposes without first obtaining a visa. The programs, known as the Transit Without Visa program (TWOV) and the International-to-International transit program (ITI), have been suspended. The action takes effect at 11:00 a.m., Saturday August 2, 2003. (Note: All times are U.S. EDT). This action does not affect U.S. citizens or citizens from visa waiver countries.

Homeland Security issued instructions to all airlines to no longer allow passengers to utilize these transit programs. Homeland Security agencies are also taking additional steps to increase security at airports and on airplanes that normally transport and process passengers under these programs. These new measures are in addition to significant increases in aviation security implemented since September 11 such as reinforced cockpit doors, deployment of federal air marshals, enhanced federalized baggage and passenger screening and armed Federal Flight Deck Officers piloting some jetliners.

It is the intention of both Departments to reinstate the TWOV and ITI programs as soon as additional security measures can be implemented to safeguard the programs from terrorists who wish to gain access to the U.S. or U.S. airspace without going through the consular screening process. Officials have already begun this process of identifying possible steps that could be taken to further secure the transit programs. Homeland Security and the Department of State are soliciting comments from the public about the action and will reassess the suspension over the next 60 days after reviewing the responses. Current intelligence will also be a factor considered when deciding to re-implement the program.

Recent specific intelligence indicates that terrorist groups have been planning to exploit these transit programs to gain access to the U.S. or U.S. airspace without going through the consular screening process. The steps announced today are designed to augment security against possible terrorist threats and to protect U.S. citizens and foreign nationals who fly into and out of the United States.

"Our number one mission is to protect Americans and American interests from the threat of terrorism and we realize that terrorists aim to exploit our vulnerabilities and freedoms," said Homeland Security Secretary Tom Ridge. "The steps announced today, while aggressive, are an appropriate response to the threat. We know they will have an impact on international travelers, but we believe they are necessary in order to protect lives and property."

Homeland Security and State will make three exceptions to these actions to accommodate travelers who may be immediately impacted. The three exceptions are:

1) TWOV or ITI passengers in flight at the time the regulation goes into effect will be allowed to continue in transit and depart the U. S. subject to inspection and an evaluation of risk. 2) Travelers who purchased their tickets as TWOV or ITI passengers on or before July 24, 2003, and who are scheduled to depart for transit through the U.S. before 12:01 a.m., Tuesday, August 5, 2003, need not obtain a visa to transit the U.S. For any flights scheduled to depart after 12:01 a.m. August 5 that include a stop in the U.S, however, these travelers must now either obtain a visa or change their travel itinerary to exclude a stop in the U.S. 3) If a person has already traveled through the U.S. as a TWOV or ITI passenger on the first leg of their trip, and uses the return portion of their round trip ticket before 11:00 a.m., August 9, 2003, they will be permitted to make a stop in the U.S. without a visa on the return portion of their trip. They will be processed by U.S. Customs and Border Protection inspectors upon arrival in the United States. If they plan to transit the U.S. after that date and time, however, they must either obtain a visa or change their return itinerary to exclude a stop in the U.S.

The Transit Without Visa program has been in use in the United States since 1952. It applies to passengers who normally would be required to obtain a visa to travel to the United States. Under the TWOV program, passengers arriving in the United States from a foreign country are permitted to travel through the United States to another foreign destination without first obtaining a visa to stop and change planes in the United States. Passengers under the TWOV program go through the full border inspection process upon arrival in the U.S. Under the TWOV program, a passenger may stop at one or two U.S. airports en route to another foreign destination. If on a domestic flight to a second U.S. airport, the airline is responsible for ensuring that the passenger does not illegally enter the United States. Airlines provide contract security escorts and are required to maintain control of the passenger's passport and other travel documents.

The International-to-International transit program also allows passengers arriving from foreign countries to transit through the United States to another foreign destination without first obtaining a visa. Unlike the TWOV program, however, ITI passengers may only transit through one airport, and they may not leave the international transit lounge while connecting planes at that airport.

In 2002, the top five countries from which TWOV passengers arrived in the United States were Brazil, Mexico, Korea, the Philippines, and Peru. The greatest number of TWOV and ITI passengers transited the U.S. through airports in Los Angeles, Miami, New York, Dallas and Houston.

Homeland Security agencies involved in this action include U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement and the Transportation Security Administration. They will work closely with airport authorities, airlines and state and local law enforcement to implement this new policy.

END PRESS RELEASE TEXT.

TALKING POINTS - NOT FOR PUBLICATION

5. TALKING POINTS FOR CONTACTS WITH HOST GOVERNMENTS, AIRLINES AND PRESS

NOTE: These are for use only as guidance and talking points, not as a handout. Para. 6, below, contains the text of a brochure prepared by DHS that may be used as a handout. END NOTE.

Q1) WHAT ACTION IS BEING ANNOUNCED?

The Department of Homeland Security and the Department of State are jointly issuing Interim Final Rules that indefinitely suspends the Transit Without Visa (TWOV) and International-to-International (ITI) passenger programs.

Q2) WHO IS AFFECTED BY THESE ACTIONS?

This action affects passengers who are traveling from one point outside the U.S. with a stop for transit purposes within the U.S. Under the TWOV and ITI programs, such passengers were not required to have a visa to enter the U.S. for transit purposes. As a result of this action, however, such passengers will now be required to have a U.S. visa, with certain exceptions

Q3) WHEN DOES THIS ACTION TAKE EFFECT?

This action takes effect at 11:00 a.m. on Saturday, August 2, 2003 (all times are U.S. EDT).

Q4) FOR HOW LONG WILL IT BE IN EFFECT?

The programs are suspended until further notice. We will, however, be soliciting comments and reassessing this action over the next 60 days.

Q5) WILL THE PROGRAM BE REINSTATED AT A FUTURE DATE?

Homeland Security and State will reassess the programs over the next 60 days. During this time they will work with airlines to determine the appropriate security steps necessary to reinstate the programs on an airline-by-airline basis

.

Q6) WHY IS THIS ACTION NECESSARY?

Homeland Security and State have received specific, credible intelligence, including intelligence from the FBI and CIA, that certain terrorist organizations, including Al-Qaeda, have identified the visa and passport exemptions of the TWOV and ITI programs as a means to gain access to aircraft en route to or from the United States, to cause damage to infrastructure, injury, or loss of life in the United States or on board aircraft en route to or from the United States.

Q7) WHY DOES SUSPENDING THE TWOV AND ITI PROGRAMS INCREASE SECURITY?

Since 9/11, the State Department has increased scrutiny of individuals who apply for visas to travel to the United States. The current intelligence indicates that people wishing to commit terrorist acts want to avoid the consular screening process. By suspending the TWOV and ITI programs, these people are now required to apply for a visa through the consular screening process.

Q8) HOW MANY PEOPLE WILL BE IMPACTED BY THIS ACTION?

In 2002 approximately 380,000 people arrived in the United States without a visa under the TWOV program. Over the next 60 days, more than 6,000 travelers could be impacted by this action.

Q9) WHICH FOREIGN NATIONALS ARE MOST AFFECTED?

Nationals from the following countries make most use of the TWOV program: Brazil, Mexico, Korea, the Philippines and Peru.

Q10) WHICH U.S. AIRPORTS ARE MOST AFFECTED?

The greatest number of TWOV and ITI passengers transited the U.S. through airports in Los Angeles, Miami, New York, Dallas and Houston.

Q11) WHICH U.S. AIRLINES WILL BE MOST AFFECTED?

The U.S. airlines that carry the greatest number of TWOV and ITI passengers are American Airlines, Delta Air Lines, United Airlines and Northwest Airlines.

Q12) WILL THIS COST AIRLINES REVENUE? IF SO, HOW MUCH?

Airlines may need to reroute passengers who would have otherwise traveled through the United States without a visa. Airlines may experience some loss of revenue, but that loss cannot be calculated at this time.

Q13) WILL U.S. CITIZENS AND LEGAL PERMENANT RESIDENTS WHO TRAVEL INTO AND OUT OF THE UNITED STATES BE IMPACTED BY THIS?

No. U.S. citizens and legal permanent residents do not need visas to travel to and from the United States.

Q14) A CITIZEN FROM A VISA WAIVER COUNTRY DOES NOT NEED A VISA TO TRAVEL TO THE UNITED STATES. WILL THEY NOW BE REQUIRED TO OBTAIN A VISA TO TRANSIT THE UNITED STATES?

No. If a person does not require a visa to travel to the U.S. they do not require a visa to transit the U.S.

Q15) WHICH COUNTRIES ARE VISA-WAIVER COUNTRIES?

There are 27 countries that currently participate in the visa waiver program. They are Andorra, Australia, Austria, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom.

Q16) WILL THERE BE EXCEPTIONS TO ACCOMMODATE PASSENGERS WHO'S TRAVEL MAY BE DISRUPTED BY THIS ACTION?

Yes. There will be three exceptions to accommodate travelers:

1) TWOV or ITI passengers in flight at the time the regulation goes into effect will be allowed to continue in transit and depart the U. S. subject to inspection and an evaluation of risk.

2) Travelers who purchased their tickets as TWOV or ITI passengers on or before July 24, 2003, scheduled to depart for transit through the U.S. before 12:01 a.m., Tuesday, August 5, 2003, need not obtain a visa to transit the U.S. For any flights scheduled to depart after 12:01 a.m. August 5 that include a stop in the U.S, however, these travelers must now either obtain a visa or change their travel itinerary to exclude a stop in the U.S.

3) If a person has already traveled through the U.S. as a TWOV or ITI passenger on the first leg of their trip, and uses the return portion of their round trip ticket before 11:00 a.m., August 9, 2003, they will be permitted to make a stop in the U.S. without a visa on the return portion of their trip. They will be processed by U.S. Customs and Border Protection inspectors upon arrival in the United States. If they plan to transit the U.S. after that date and time, however, they must either obtain a visa or change their return itinerary to exclude a stop in the U.S.

Q17) WILL A PERSON BE ABLE TO APPLY FOR A U.S. VISA IN A COUNTRY OTHER THAN THEIR HOME COUNTRY?

Yes. U.S. Consulates have been informed of the suspension of these programs, and they are prepared to receive applications for visas from foreign nationals in countries other than the foreign national's home country.

Q18) HOW QUICKLY CAN A PERSON OBTAIN A VISA TO TRANSIT THE U.S.?

U.S. Consulates are prepared to issue visas to qualified applicants on an expedited basis, for people who are currently traveling and would be required to reroute through a different country in order to return home under the new rules.

Q19) HOW CAN PEOPLE LEARN MORE ABOUT THESE PROGRAMS AND THEIR SUSPENSION?

Information about the programs and their suspension can be obtained through the U.S. Department of Homeland Security's web page at www.dhs.gov and the U.S. State Department's web page at http://travel.state.gov.

Q20) WILL THE PUBLIC HAVE AN OPPORTUNITY TO COMMENT ON THIS ACTION?

Yes. Homeland Security and the Department of State are encouraging public comment. These comments will be reviewed and the suspension will be reassessed over the next 60 days.

Q21) TO WHOM DO THEY SEND THEIR COMMENTS AND HOW?

The Department of Homeland Security and Department of State websites will have the contact information to provide comments to this interim final rule.

Written comments about the Homeland Security regulations may be addressed to the Bureau of Customs and Border Protection, Office of Regulations and Rulings, Regulations Branch, 1300 Pennsylvania Avenue, Washington, D.C. 20229.

Written comments about the State Department regulations may be addressed to Chief, Legislation and Regulations Division, Directorate for Visa Services, Department of State, 2401 E Street, N.W., Washington, D.C. 20520-0106, by fax at (202) 663- 3898, or by email at visaregs@state.gov.

The federal register will also have this information available on their website.

Q22) WHAT OTHER STEPS ARE BEING TAKEN TO ADDRESS THIS THREAT, BESIDES SUSPENDING THE TWOV AND ITI PROGRAMS?

Homeland Security agencies have taken a number of immediate steps to improve security at airports and on airplanes. Some actions being taken include: Additional air marshals have been directed to high risk flights; additional personnel have been directed to areas through which TWOV and ITI passengers transit; and passenger manifests are being screened for people who can pose a potential threat to the aircraft.

HANDOUT MATERIALS

6. HANDOUT MATERIALS -- The following is the text of a brochure that will be e-mailed to posts. You may use this text for handout materials to the public. Posts may translate the text, as needed. Begin text of handout materials.

Frequently Asked Questions
Suspension of Transit Without Visa
International-to-International

The U.S. Department of Homeland Security and U.S. Department of State have suspended the Transit Without Visa (TWOV) and International-to-International (ITI) programs for people who would otherwise be required to obtain a visa to travel to the U.S. Homeland Security and State are taking several steps to accommodate travelers who may have already purchased tickets, or who are currently on travel. These are some frequently asked questions about the Homeland Security order and the accommodations the Departments are allowing.

WHAT ACTION WAS ANNOUNCED?
The Department of Homeland Security and the Department of State jointly issued an order that suspends the Transit Without Visa (TWOV) and International-to-International (ITI) passenger programs.

WHO IS AFFECTED BY THESE ACTIONS?
This action affects passengers who are traveling from one point outside the U.S. with a stop for transit purposes within the U.S. Under the TWOV and ITI programs, such passengers were not required to have a visa to enter the U.S. for transit purposes. As a result of this action, however, such passengers will now be required to have a U.S. visa, with certain exceptions (see below).

ARE THESE PROGRAMS BEING ELIMINATED ENTIRELY?
Though Homeland Security and State suspended the programs, over the next 60 days they are soliciting input from airlines and the public to find possible ways to re- implement the programs on an airline-by-airline basis, contingent upon implementation of additional security measures.

WHEN DOES THIS ACTION TAKE EFFECT?
This action takes effect at 11:00 a.m., August 2, 2003. (Note: All times are U.S. EDT)

WHY IS THIS ACTION NECESSARY?
Homeland Security and State have received specific, credible intelligence, including intelligence from the FBI and CIA, that certain terrorist organizations, including Al-Qaeda, have identified the visa and passport exemptions of the TWOV and ITI programs as a means to gain access to aircraft en route to or from the United States, to cause damage to infrastructure, injury, or loss of life in the United States or on board aircraft en route to or from the United States

WILL THERE BE EXCEPTIONS TO ACCOMMODATE PASSENGERS WHOSE TRAVEL MAY BE DISRUPTED BY THIS ACTION?
Yes. There will be three exceptions to accommodate travelers.

1) TWOV or ITI passengers in flight at the time the regulation goes into effect will be allowed to continue in transit and depart the U. S. subject to inspection and an evaluation of risk.

2) Travelers who purchased their tickets as TWOV or ITI passengers on or before July 24, 2003, scheduled to depart for transit through the U.S. before 12:01 a.m., Tuesday, August 5, 2003, need not obtain a visa to transit the U.S. For any flights scheduled to depart after 12:01 a.m. August 5 that include a stop in the U.S, however, these travelers must now either obtain a visa or change their travel itinerary to exclude a stop in the U.S.

3) If a person has already traveled through the U.S. as a TWOV or ITI passenger on the first leg of their trip, and uses the return portion of their round trip ticket before 11:00 a.m., August 9, 2003, they will be permitted to make a stop in the U.S. without a visa on the return portion of their trip. They will be processed by U.S. Customs and Border Protection inspectors upon arrival in the United States. If they plan to transit the U.S. after that date and time, however, they must either obtain a visa or change their return itinerary to exclude a stop in the U.S.

WILL I BE ABLE TO OBTAIN A U.S. VISA IN A COUNTRY OTHER THAN MY HOME COUNTRY?
Yes. U.S. Consulates have been informed of the suspension of these programs, and they are prepared to receive applications for visas from foreign nationals in countries other than the foreign national's home country.

HOW QUICKLY CAN I OBTAIN A VISA TO TRANSIT THE U.S.?
U.S. Consulates are prepared to issue visas to qualified applicants on an expedited basis, for people who are currently traveling and would be required to reroute through a different country in order to return home under the new rules.

I AM A CITIZEN OF A VISA WAIVER COUNTRY, SO I NORMALLY DO NOT NEED A VISA TO ENTER THE UNITED STATES. AM I NOW REQUIRED TO OBTAIN A VISA TO TRANSIT THE UNITED STATES? No. If you do not require a visa to enter the U.S. you do not require a visa to transit the U.S.

HOW CAN I LEARN MORE ABOUT THESE PROGRAMS AND THEIR SUSPENSION?
Information about the programs and their suspension can be obtained through the U.S. Department of Homeland Security's web page at www.dhs.gov and the U.S. State Department's web page at http://travel.state.gov. End handout text.

7. Posts' immediate assistance is urgently needed and will help eliminate potential entry-inspection problems for travelers.