Federal Agencies, Agency Memos & Announcements

DOS Cable Notes that Machine-Readable Passports Will be Required for VWP Entrants Beginning 10/1/03

7/15/03 AILA Doc. No. 03070110. Admissions & Border
P 121728Z JUN 03
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS PRIORITY
SPECIAL EMBASSY PROGRAM PRIORITY
AMEMBASSY DUSHANBE
AMEMBASSY KABUL
AMEMBASSY KHARTOUM
DIR FSINFATC WASHDC PRIORITY
UNCLAS STATE 160834


FOR CONSULAR SECTION CHIEFS AND NIV CHIEFS

E.O. 12958: N/A
TAGS: CVIS, CMGT
SUBJECT: MACHINE-READABLE PASSPORT REQUIRED FOR ALL VISA WAIVER TRAVELERS BEGINNING OCTOBER 1, 2003

Ref: A) State 98800 B) 02 State 166090

1. This is an action message for all posts. See para 5 below.

2. Summary. Beginning October 1, 2003, each Visa Waiver Program (VWP) traveler must present a machine-readable passport (MRP) in order to enter the U.S. visa-free. Because many expatriates from VWP countries travel on passports that were issued abroad and are not machine- readable, posts may see an increase in the number of NIV applications from VWP nationals. All posts, including those in non-VWP countries, are asked to develop an outreach strategy to the travel industry, the media, and the VWP traveling public. End summary.

3. Section 417 of the USA Patriot Act of 2001 advanced from October 1, 2007, to October 1, 2003, the requirement of Section 217 the INA that all VWP travelers present a valid MRP for visa-free entry into the U.S. (Note: per reftel A, the date for Belgium is May 15, 2003. End note.) Most VWP countries began issuing MRPs in the early or mid-1990s, so most VWP travelers will have no trouble complying with this requirement. Some countries, notably Switzerland (which only began MRP production this year), Italy, and Spain, may find that significant portions of their traveling public will need either a replacement passport or an NIV.

4. CA anticipates that citizens of VWP countries who have the option of replacing their non-machine-readable passports with MRPs will likely do so instead of applying for an NIV, particularly in instances where the passport cost is significantly less than the $100 MRV fee. However, there are numerous situations where this may not be possible, and VWP nationals will need NIVs. Many expatriate VWP citizens may have passports issued abroad that are more likely to be non-machine-readable, and these expats often do not have the option of obtaining MRPs. Posts may therefore experience an increase in NIV applications from VWP citizens in the next few months. Many diplomatic and official passports currently valid for VWP travel are not machine-readable and the bearers will need a visa after October 1. Should VWP countries develop backlogs in the passport applications, some nationals may simply prefer applying for an NIV. Whenever appropriate, VWP nationals should be encouraged to apply for an MRP, but posts may not refuse to accept applications from VWP nationals who prefer obtaining an NIV.

5. Consular chiefs in VWP countries should ensure that appropriate host government officials are informed (text for VWP posts is being provided septel), and the travel industry (particularly the airlines) and media are appropriately informed. Posts in non-VWP countries, especially those where significant numbers of VWP country nationals reside, should contact embassies and consulates of VWP countries, as well as media and travel industry as appropriate. Posts' outreach programs may draw on the following talking points:

-- Beginning October 1, 2003, all citizens of countries participating in the Visa Waiver Program (VWP) who wish to enter the U.S. visa-free must present a machine-readable passport (MRP).

-- VWP nationals who do not have MRPs must obtain a U.S. non-immigrant visa.

-- This change affects only visa waiver travel. Applicants for visas at U.S. consular sections are not required to obtain MRPs, regardless of the category of visa being sought.

-- Non-machine-readable passports will remain valid for Transit Without Visa (TWOV) purposes. TWOV and VWP are separate, distinct statuses. TWOV travelers are not admitted into the U.S. for B-visa purposes, as under the VWP, and therefore will not require an MRP.

-- This change includes all categories of passports-- tourist, diplomatic, and official. Bearers of diplomatic and official passports that are not machine-readable will need visas beginning October 1, 2003.

-- Families and groups should obtain an individual passport for each traveler, including infants. MRPs typically have biodata for only one traveler in the machine-readable zone (MRZ), and families may be denied visa-free entry into the U.S. if the biodata for only one traveler is machine-readable.

-- 27 countries participate in VWP: Andorra, Australia, Austria, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom.

6. The Patriot Act also provides the State Department with the authority to grant a waiver of this requirement to nationals of VWP countries that are making progress toward ensuring that its passports are machine-readable and have taken appropriate measures to protect against misuse of its passports. We do not/not plan on exercising this authority. VWP posts will be provided septel with language for diplomatic notes to host countries reminding them of October 1 deadline and advising them of our intent not to use the waiver option.

7. 9 FAM 41.2 N11.2-2, Machine-Readable Passport (MRP) Necessary for VWP, is being amended to read as follows: Those countries that were designated a program country prior to May 1, 2000, must certify that they have a program in place where they will begin issuing machine- readable passports (MRP) no later than October 1, 2003, in order to continue in the VWP. Effective October 1, 2003, any alien wishing to enter the U.S. under the VWP, including bearers of diplomatic or official passports, must be in possession of a machine-readable passport. Aliens who do not possess a machine-readable passport must have a B visa in his or her passport. Travelers carrying Belgian passports must have an MRP or appropriate B visa on and after May 15, 2003.