New US Immigration requirements come into force on the ...



New US Immigration requirements come into force on the 04th October 2005.  The

information below will act as a summary of the planned changes and facilitate

any questions that may be asked in the lead up to the new requirements.  If any

clarification of these requirements is required, please do not hesitate to

email Susan Nolan.

NEW IMMIGRATION REQUIREMENTS FOR TRAVEL TO/FROM THE U.S.A.

BACKGROUND

The United States Government recently implemented new requirements of air

carriers to provide additional passenger information that must be collected in

advance of travel to/from the US. This requirement becomes effective on the

04th October 2005.

Given that the collection of this data is a legal obligation it is essential

that from this date passengers intending to travel to the United States must

present, at their departure airport, the full address of their intended

destination including the US zip code.

WHAT IS ADVANCE PASSENGER INFORMATION?

Advance Passenger Information (API) is information currently required by the US

Government about passengers prior to them travelling. All airlines are required

to collect this information from passengers who are travelling to the US and

transmit it to the US Customs and Border Protection.

Currently, when a passenger travels to the US, their passport is swiped at

airport check-in and data in the machine-readable zone (marked by chevrons >>>>

including full name, date of birth, gender, nationality, date of birth,

passport number, country and date of issue) is transmitted electronically,

within 15 minutes of the aircraft's departure, to the US authorities. For

passengers without machine-readable passports, this information is keyed in

manually by the airline/ground handler. This passport data is supplemented by

airlines' PNR (Passenger Name Record) data, including details of the

passenger's itinerary, which is transmitted at the same time.

The passenger is required to complete an I-94 form (white for passengers

holding US visas) or an I-94W form (green in the case of Visa Waiver Program

nationals) which is given to them either at check-in or on board the aircraft.

The I-94/I-94W is presented to US Immigration on arrival. The information given

on these forms should match the data transmitted by the airlines, but two extra

pieces of information are required on the I-94/I94W that are not contained in

the machine-readable zone of the passport: country of residence and address

while in the US (number and street, city, state and zip code); The address is

not required for US citizens, lawful permanent residents or passengers in

transit to a destination outside the US.

The US government has now advised that, effective 04 October 2005; these two

additional pieces of information must be collected by the airline and

transmitted electronically at the time of the aircraft's departure.

From this date passengers intending to travel to the United States must

present, at their departure airport, the full address of their intended

destination including the US zip code.

API INFORMATION REQUIRED

The US Customs and Border Protection Agency will require the following

information for all travellers to the US from 4 October 2005 (for both existing

bookings as well as those made after the date the new laws come into force):

        Full name (last, first name, middle name if applicable)*

        Date of birth*

        Gender*

        Citizenship*

        Travel document type (normally passport and alien/permanent resident

card if applicable)*

        Document number*

        Document country of issue*

        Document expiry date*

        Country of residence

        Address where you'll be staying in the US

        If you are in transit, your final destination.

*The details marked with an asterisk can be taken from the passenger's

machine-readable passport.

        There are certain travellers that are exempt from this requirement e.g.

US citizens, Legal Permanent Residents (LPR's) and transit passengers*.

        The content of a hotel address must include the hotel name, street

name, area, city, state and a zip code is also preferred.

        If passengers are joining a ship they must provide the vessel and

cruise name plus the US City of embarkation.

        If passengers are in transit they must provide the non-US country name,

the carrier/vessel name and number.

        If passengers are hiring a car they must make a reasonable attempt at

providing an intended address of their first night in the US.

        LPR's must provide their Alien registration Number.

*In-transit passengers are defined as those who transfer through the US for the

purpose of continuing their journey to a third country, where the time period

between arrival in and departure from the US does not exceed 8 hours.

Airlines are currently evaluating ways of collecting this data in advance of

the day of departure, preferably at point of sale in order to prevent

congestion and delays at the airport. Reservations systems are being expanded

to incorporate the extra fields for these two pieces of data (and potentially

other elements required in future by the UK and other countries' governments).

Airlines' own websites already contain such fields.

Further information regarding the correct procedures for providing this

information will be communicated when information becomes available.

WHAT DO AIRLINES DO WITH API?

Once the information has been supplied, the airlines hold it in their systems

ready for electronic submission to the US Customs and Border Protection Agency

shortly after each flight has departed.

Airlines are bound by UK data protection and privacy laws and will not forward

the information to anyone or show it to anyone who does not have appropriate

security clearances (namely the US Authorities). They will not use it for any

other purpose than to provide passenger information to the US Authorities who

will verify this against their databases.

WHAT WILL THE US AUTHORITIES DO WITH THE INFORMATION?

The API data is checked against the combined federal law enforcement database,

known as the Interagency Border Inspection System (IBIS). Names are also

checked against the FBI National Crime Information Centre wanted persons

database.

The US Authorities are bound by data protection and privacy laws so that the

information cannot be forwarded to, or seen by anyone who does not have

appropriate security clearances. It will only be used for its intended purpose.

WHAT IF THE PASSENGER DOES NOT WANT TO PROVIDE API?

All airlines are required by the US Government to collect API for all

passengers before travel to or from the US. Passengers who refuse to supply API

will not be allowed entry to the US and therefore will not be accepted for

travel at check in.

WHAT IF THE PASSENGER DOES NOT KNOW THEIR US ADDRESS?

The US authorities require an address or an indication of where the passenger

will be staying:

If accommodation will be allocated on arrival

The name and address of the passenger's agent in the US should be provided.

If the passenger is taking a fly-drive holiday

They should provide the name and location of the car hire company and their

first intended stopping point.

If the passenger is transferring to a cruise ship

They should provide the name of the vessel and the port of their embarkation.

If the passenger is backpacking

They should provide an indication of where they will spend their first night.

WILL MORE COUNTRIES REQUIRE API?

At the moment, only the API requirements of the US are known. However, there

are plans for countries such as China, Japan, India and South Africa to

introduce this. Once further information is known it will be communicated

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