CBP and State Dept Final Rule Implements Western Hemisphere "Passport" Travel Initiative for Air Travel Effective January 23, 2007
According to a FAQ from the Department of Homeland Security, the U.S. Bureau of Customs and Border Protection (CBP) and the State Department have issued a final rule, effective January 23, 2007, that finalizes the first phase of a joint DHS and Department of State plan, known as the Western Hemisphere Travel Initiative (WHTI).
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Final Rule Requires Passport for U.S., Canada, Mexico, and Bermuda Citizens Entering the U.S. by Air
The FAQ states that the final rule will require, with some exceptions, citizens of the United States, Canada, Mexico, and the British Overseas Territory of Bermuda to present a passport to enter the United States when arriving by air from any part of the Western Hemisphere (Canada, Mexico, Bermuda, South and Central America, and the Caribbean).
(While United States citizens are currently required to have passports to enter most countries in Central and South America, this rule makes clear that the passport must be presented upon return to the United States as well.)
Subsequent Final Rule to be Issued at Later Date for Entry by Land, Sea
This final rule differs from the proposed rule published in the Federal Register on August 11, 2006, by only finalizing new documentation requirements for the above travelers arriving in the United States by air.
The portion of the proposed rule that proposed changes in documentation requirements for these travelers arriving by sea will not be finalized under this rule. Requirements for United States citizens and nonimmigrant aliens from Canada, Bermuda, and Mexico departing from or entering the United States at land and sea ports-of-entry will be addressed in a separate, future rulemaking. (See ITT's Online Archives or 08/15/06 news, 06081525, for BP summary of the proposed rule.)
(The Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA) mandated that the U.S. Secretaries of Homeland Security and State develop and implement a plan to require U.S. citizens and foreign nationals to present a passport or other secure document when entering the U.S. from within the Western Hemisphere. See ITT's Online Archives or 3/17/05 news, 05031720, for Part III (final) of a series of BP summaries highlighting other aspects of the IRTPA, with links to earlier installments. See ITT's Online Archives or 09/09/05 news, 05090920, for BP summary of CBP and the State's advanced notice of proposed rulemaking (ANPR), on the WHTI. See ITT's Online Archives or 11/02/06 news, 06110210 for BP summary of State Dept proposed rule on "Credit-Card Sized" PASS card for certain land and sea travel by U.S. citizens. )
See future issue(s) for additional details on this final rule.
| CBP contact - | Robert Rawls | (202) 344-2847 |
| State contact - | Consuelo Pachon | (202) 663-2662 |
CBP/State Final Rule (D/N USCBP 2006-0097, FR Pub 11/24/06), available at http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/06-9402.pdf
CBP FAQ (available in English and Spanish), Document on New Requirements for Air Travelers, Regulatory Assessment for the Final Rule, Important Change in International Travel Requirements Document, etc. (all posted in 11/06) available at http://www.cbp.gov/xp/cgov/travel/vacation/whti/
DHS press release (dated 11/22/06) available at http://www.dhs.gov/xnews/releases/pr_1164209628449.shtm
DHS FAQ (dated 11/22/06) available at http://www.dhs.gov/xnews/releases/pr_1164210249468.shtm