[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]
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Rules and Regulations
Federal Register
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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.
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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.
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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\
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\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).
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(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\
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\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]
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