[Federal Register Volume 88, Number 128 (Thursday, July 6, 2023)]
[Rules and Regulations]
[Pages 43051-43052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13441]



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 Rules and Regulations
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  Federal Register / Vol. 88, No. 128 / Thursday, July 6, 2023 / Rules 
and Regulations  

[[Page 43051]]



DEPARTMENT OF HOMELAND SECURITY

8 CFR Part 217


Brunei Electronic System for Travel Authorization Validity Period

AGENCY: Office of Strategy, Policy, and Plan; DHS.

ACTION: Announcement of ESTA validity period.

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SUMMARY: This notice announces that the U.S. Department of Homeland 
Security (DHS) is reducing Brunei Darussalam's Electronic System for 
Travel Authorization (ESTA) travel authorization validity period for 
travel by citizens or nationals of Brunei under the Visa Waiver Program 
(VWP) to the United States from two years from the date of issuance to 
one year for ESTA applications received after the date of publication 
of this notice. DHS is making this change based on the Government of 
Brunei's inability to satisfy multiple VWP requirements.

DATES: This announcement is effective on July 6, 2023.

FOR FURTHER INFORMATION CONTACT: Anjum Agarwala, Visa Waiver Program 
Office, Office of Strategy, Policy, and Plans, Department of Homeland 
Security, 2707 Martin Luther King Jr. Ave. SE, Washington, DC 20528.

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),\1\ 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, among others:
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    \1\ The Secretary of Homeland Security has delegated this 
authority to the Under Secretary for Strategy, Policy, and Plans 
pursuant to DHS Delegation 23000, Delegation to the Under Secretary 
for Strategy, Policy, and Plans, Sec. II.L.4.
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    (1) A rate of nonimmigrant visitor visa refusals for citizens or 
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 INTERPOL or 
other designated means authorized by the Secretary, information about 
the theft or loss of passports to the U.S. government within the 
designated timeframe;
    (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 and nationals of the country traveling to 
the United States represent a threat to the security or welfare of the 
United States or its citizens.
    See INA section 217(c)(2)(A)-(F), 8 U.S.C. 1187(c)(2)(A)-(F).
    The INA also sets forth requirements for countries' continued VWP 
eligibility and, where appropriate, probation, suspension, or 
termination of program countries. See INA section 217(c)-(f), 8 U.S.C. 
1187(c)-(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, 
a noncitizen must, without limitation:
    (1) be seeking entry as a visitor for business or pleasure for 
ninety days or less;
    (2) be a citizen or national of a VWP country;
    (3) present a valid unexpired electronic and machine-readable 
passport that meets program requirements and is issued by a designated 
VWP participant country to the air or vessel carrier before departure;
    (4) execute the required immigration forms;
    (5) if arriving at a port of entry into the U.S. 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) not have failed to comply with the conditions of any previous 
admission as a nonimmigrant visitor;
    (8) possess a round-trip transportation ticket;
    (9) obtain an approved travel authorization via Electronic System 
for Travel Authorization (ESTA);
    (10) 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
    (11) meet other program requirements.
    See INA section 217(a)-(b); 8 U.S.C. 1187(a)-(b). See also 8 CFR 
part 217.
    Brunei was designated for participation in the VWP on July 29, 
1993. See 58 FR 40581.

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. See 8 CFR 217.5(d)(1). However, the Secretary, in 
consultation with the Secretary of State, may decrease ESTA travel 
authorization validity period for a designated VWP country. See 8 CFR 
217.5(d)(3).\2\ DHS publishes notice of any changes to ESTA travel 
authorization validity periods in the Federal Register. 8 CFR 
217.5(d)(3).
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    \2\ As noted above, this authority is delegated to the Under 
Secretary for Strategy, Policy, and Plans.
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II. Reduction of Brunei's ESTA Validity Period

    DHS conducts the statutorily required review of each participating 
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 May 2018, DHS conducted an in-country statutorily required 
periodic

[[Page 43052]]

review of Brunei's continued designation as a participating country in 
the VWP. The comprehensive review assessed Brunei's counterterrorism, 
law enforcement, immigration, border control, and document security 
capabilities and practices. DHS identified a number of areas of non-
compliance with VWP requirements. DHS formally communicated its 
concerns to senior Government of Brunei officials and provided a list 
of action items with associated timelines for completion which, if 
timely completed, would address DHS's concerns, and maintain Brunei's 
standing as a participating country in the VWP.
    DHS and the U.S. Department of State engaged regularly with 
Bruneian officials at both the technical and political levels over the 
following years to provide technical assistance and encourage progress. 
However, Brunei failed to meet the deadlines outlined in its VWP 
workplan. A July 2022 DHS in-country periodic review showed that Brunei 
still had made insufficient progress on the workplan. This non-
compliance compromises the integrity of the VWP as a security 
partnership.
    DHS is publishing this notice announcing that effective July 6, 
2023, DHS is decreasing Brunei's ESTA validity period for travel to the 
United States from two years to one year for applications received 
after the effective date of this notice. Should Brunei's non-compliance 
with VWP requirements continue, DHS, in consultation with State, may 
make further adjustments to Brunei's VWP designation at any time, 
including suspension or termination from the program.

Robert Silvers,
Under Secretary, Office of Strategy, Policy, and Plans, U.S. Department 
of Homeland Security.
[FR Doc. 2023-13441 Filed 7-5-23; 4:15 pm]
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