DOS Cable on Potential for Waiver of Machine-Readable Passport Requirement for Visa Waiver Program

SUBJECT: WAIVER OF OCTOBER 1, 2003 DEADLINE FOR MACHINE- READABLE PASSPORTS: ACTION REQUEST FOR VWP COUNTRIES

REF: STATE 161093 AND PREVIOUS

1. This is an action request. Please see paras 4 and 5.
This cable has been cleared by M/SEP.

2. The Secretary of State, in consultation with the Secretary of Homeland Security, is prepared to exercise his authority under Section 417 of the USA PATRIOT Act, contingent upon certain conditions, to waive until October 26, 2004 the requirement that travelers seeking admission to the United States under the Visa Waiver Program (VWP) on or after October 1, 2003, be in possession of a valid unexpired machine-readable passport (MRP).

3. For Brussels: This waiver possibility does not/not extend to Belgium. As a condition of its continued participation in the VWP, Belgian travelers have been required since May 15, 2003, to present a machine- readable passport for visa free entry into the United States. That condition will remain in effect.

4.  Action requested: Action addressees are requested to present the following text as a note verbale to their host governments; in addition, Florence please provide to San Marino, Bern to Liechtenstein, Marseille to Monaco, and Barcelona to Andorra.

Begin Text:

(Insert opening greeting.)

The Secretary of State of the United States of America is prepared to exercise his authority to grant a limited waiver of the requirement that citizens of (country) seeking admission to the United States under the Visa Waiver Program (VWP) on or after October 1, 2003, be in possession of a valid unexpired machine-readable passport (MRP). This waiver would be granted until October 26, 2004. If the Government of (country) wishes to pursue a waiver of the October 1 deadline, please respond via diplomatic note no later than (insert date one week after receipt of this cable at post). The note should address the four following points:

1. Acknowledge that the waiver of the machine readable passport (MRP) requirement for Visa Waiver Program (VWP) travelers will expire on October 26, 2004.
2. Outline your government's plans to make MRPs generally available to citizens who currently do not possess them, including citizens residing abroad and children currently documented in their parents' passports.
3. Describe measures you have taken to protect against the misuse of non-machine readable passports that you have issued.
4. Affirm your commitment to share with the U.S. government information concerning lost and stolen passports, in a timely manner, in order to prevent the improper use of such passports.

 (Insert closing.)

End text.

5. If raised:
      ----------

Host government may ask about the October 26, 2004
deadline for use of biometric passports by VWP travelers.
If asked, posts may draw from the following points:

1. Unlike the October 2003 deadline for use of MRPs, there is no waiver of the October 26, 2004 deadline for use of biometric passports
2. To remain in the VWP, each government will have to certify prior to October 26, 2004 that it has a program in place to produce biometric passports.
3. Discussions are underway within the USG regarding the certification requirement for producing biometric passports. We will be in touch with you about what will be required in the near future.

6. CA appreciates posts' prompt attention to this matter. Please direct any inquiries to KSCecil in CA/VO/F/P (202- 663-1251).

POWELL