[Federal Register Volume 84, Number 67 (Monday, April 8, 2019)]
[Rules and Regulations]
[Pages 13795-13796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06750]



 ========================================================================
 Rules and Regulations
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
 
 The Code of Federal Regulations is sold by the Superintendent of Documents. 
 
 ========================================================================
 

  Federal Register / Vol. 84, No. 67 / Monday, April 8, 2019 / Rules 
and Regulations  

[[Page 13795]]



DEPARTMENT OF HOMELAND SECURITY

8 CFR Part 217


Greece Electronic System for Travel Authorization Validity Period

AGENCY: Office of the Secretary; DHS.

ACTION: Announcement of ESTA validity period.

-----------------------------------------------------------------------

SUMMARY: In 2016, DHS reduced Greece's Electronic System for Travel 
Authorization (ESTA) travel authorization validity period for travel by 
nationals of Greece under the Visa Waiver Program (VWP) from two years 
to one year. The reduction was based on a 2015 VWP assessment of 
Greece, which had identified a number of shortcomings in satisfying VWP 
requirements. In November 2018, DHS re-evaluated Greece's progress to 
meet the requirements and determined that Greece has satisfied the 
requirements for normalizing Greece's ESTA validity period to two 
years. This document announces that DHS therefore is increasing 
Greece's ESTA validity period to two years.

DATES: This announcement is effective on April 8, 2019.

FOR FURTHER INFORMATION CONTACT: Tamara Molina, Office of Strategy, 
Policy, and Plans, Department of Homeland Security, Visa Waiver Program 
Office, 3801 Nebraska Avenue NW, Washington, DC 20016, Telephone (202) 
282-8044.

SUPPLEMENTARY INFORMATION:

I. Background

A. The Visa Waiver Program

    Pursuant to section 217 of the Immigration and Nationality Act 
(INA), 8 U.S.C. 1187, the Secretary of Homeland Security (the 
Secretary), in consultation with the Secretary of State, may designate 
certain countries for participation in the Visa Waiver Program (VWP) if 
certain requirements are met. Those requirements include, without 
limitation: (1) A rate of nonimmigrant visitor visa refusals for 
nationals of the country below the statutorily-established threshold; 
(2) certification by the government seeking designation for VWP 
participation that it issues machine-readable passports that comply 
with internationally accepted standards; (3) a determination by the 
Secretary, in consultation with the Secretary of State, that the 
country's designation would not negatively affect U.S. law enforcement 
and security interests; (4) an agreement to report, or make available 
through other designated means authorized by the Secretary, information 
about the theft or loss of passports to the U.S. government; (5) the 
country's government's acceptance for repatriation of any citizen, 
former citizen, or national not later than three weeks after the 
issuance of a final order of removal; and (6) an agreement with the 
United States to share information regarding whether citizens or 
nationals of the country travelling to the United States represent a 
threat to the security or welfare of the United States or its citizens. 
See INA section 1187(c), 8 U.S.C. 1187(c).
    The INA also sets forth requirements for countries' continued VWP 
eligibility and, where appropriate, probation or termination of program 
countries. See INA section 1187(c), (d) & (f); 8 U.S.C. 1187(c), (d) & 
(f).
    Citizens and eligible nationals of VWP countries may apply for 
admission to the United States at U.S. ports of entry as nonimmigrant 
visitors for business or pleasure for a period of ninety days or less 
without first obtaining a nonimmigrant visa, provided they are 
otherwise eligible for admission under applicable statutory and 
regulatory requirements. To travel to the United States under the VWP, 
an alien must be from a participating country and must, without 
limitation:
    (1) Be seeking entry as a visitor for business or pleasure for 
ninety days or less;
    (2) be a national of a VWP country;
    (3) present a valid electronic passport and a machine-readable 
passport issued by a designated VWP participant country to the air or 
vessel carrier before departure; \1\
---------------------------------------------------------------------------

    \1\ For countries designated as VWP countries prior to November 
17, 2008, passports issued before October 26, 2006, need not contain 
the electronic chip that includes the biographic and biometric 
information of the passport holder provided the passports comply 
with International Civil Aviation Organization machine readable 
standards. See 8 U.S.C. 1732(c)(2).
---------------------------------------------------------------------------

    (4) execute the required immigration forms;
    (5) if arriving by air or sea, arrive on an authorized carrier;
    (6) not represent a threat to the welfare, health, safety or 
security of the United States;
    (7) never have failed to comply with the conditions of any previous 
admission under the VWP;
    (8) possess a round-trip ticket;
    (9) waive the right to review or appeal a decision regarding 
admissibility at the port of entry or to contest, other than on the 
basis of an application for asylum, any action for removal; and
    (10) obtain an approved travel authorization via Electronic System 
for Travel Authorization (ESTA).\2\
---------------------------------------------------------------------------

    \2\ See 73 FR 67354 (Nov. 13, 2008) (ESTA notice); 73 FR 32440 
(June 9, 2008) (interim final rule implementing ESTA).

See INA section 217(a)-(b); 8 U.S.C. 1187(a)-(b). See also 8 CFR part 
217.
    Greece was designated for participation in the Visa Waiver Program 
on March 31, 2010. See 75 FR 15991.

B. ESTA Validity Period

    Typically, under DHS regulations, a travel authorization issued 
under ESTA is valid for a period of two years from the date of 
issuance. 8 CFR 217.5(d)(1). But the Secretary of Homeland Security, in 
consultation with the Secretary of State, may increase or decrease ESTA 
travel authorization validity period otherwise authorized by 
subparagraph (1) for a designated VWP country. See 8 CFR 217.5(d)(3). 
DHS typically publishes notice of any changes to ESTA travel 
authorization validity periods in the Federal Register.

C. Normalization of Greece's ESTA Validity Period

    DHS conducts a statutorily-required review of each VWP country at 
least once every two years to evaluate the effects that continuing the 
country's designation in the program will have on U.S. national 
security, law enforcement, and immigration enforcement interests. See 
INA section 217(c)(5)(A), 8 U.S.C. 1187(c)(5)(A). In January 2015, DHS 
placed Greece on provisional VWP status (pursuant to which Greece is 
subject to an annual assessment, rather

[[Page 13796]]

than an assessment every two years) due to concerns not meeting several 
VWP requirements. In 2016, DHS extended Greece's VWP designation on a 
provisional basis through March 31, 2017, to address concerns over 
migrant vetting, information-sharing gaps, and passport-issuance 
practices. Additionally, DHS reduced Greece's ESTA validity period from 
two years to one year and committed Greece to implement five lines of 
effort specified in a Joint Statement in order to remove Greece from a 
provisional VWP status.
    In 2017, DHS sent correspondence to Greece defining a set of 
actions that would justify ESTA normalization. Greece has made 
successful progress in all five lines of effort and has completed all 
of the elements required for ESTA normalization that had been 
communicated in 2017. Greece has enacted necessary legislation to 
authorize issuance and replacement of national identification cards 
(biometric chip), expanded systematic refugee vetting at all migrant 
processing centers, and enacted Passenger Name Recognition (PNR) 
legislation to implement the EU PNR Directive. For these reasons, DHS 
is publishing this document announcing that it is increasing Greece's 
ESTA validity period to two years.

Claire Grady,
Senior Official Performing the Duties of the Deputy Secretary, 
Department of Homeland Security.
[FR Doc. 2019-06750 Filed 4-5-19; 8:45 am]
BILLING CODE P