[Federal Register Volume 88, Number 147 (Wednesday, August 2, 2023)]
[Rules and Regulations]
[Pages 50759-50760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16412]



 ========================================================================
 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. 88 , No. 147 / Wednesday, August 2, 2023 / 
Rules and Regulations  

[[Page 50759]]



DEPARTMENT OF HOMELAND SECURITY

8 CFR Part 217


Hungary Electronic System for Travel Authorization Validity 
Period

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

ACTION: Announcement of ESTA validity period.

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

SUMMARY: This document announces that the U.S. Department of Homeland 
Security (DHS) is reducing Hungary's Electronic System for Travel 
Authorization (ESTA) travel authorization validity period for travel by 
citizens or nationals of Hungary under the Visa Waiver Program (VWP) to 
the United States from two years from the date of issuance to one year 
and also limiting the validity of an ESTA for citizens or nationals of 
Hungary to a single use for ESTA applications received after the date 
of publication of this document. DHS is making these changes based on 
the Government of Hungary's inability to satisfy a number of VWP 
requirements.

DATES: This announcement is effective on August 1, 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:
---------------------------------------------------------------------------

    \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.

    (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 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 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.
    Hungary was designated for participation in the VWP on November 17, 
2008. See 73 FR 67711.

B. ESTA Validity Period

    Typically, pursuant to 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 the 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. See 8 CFR 
217.5(d)(3).
---------------------------------------------------------------------------

    \2\ As noted above, this authority is delegated to the Under 
Secretary for Strategy, Policy, and Plans.
---------------------------------------------------------------------------

II. Reduction of Hungary's ESTA Validity Period

    DHS conducts the 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 April 2017, DHS learned that individuals had fraudulently 
procured legitimate Hungarian passports by falsely assuming the 
identities of citizens who naturalized through a ``simplified 
process.'' This simplified naturalization process, created in 2011, 
extends citizenship to ethnic Hungarians living outside Hungary and 
waives the standard naturalization

[[Page 50760]]

requirement for an applicant to be a Hungarian resident for five years. 
This simplified process also eliminated identity management protocols 
that are conditions of the Government of Hungary's standard 
naturalization procedure, including the collection of fingerprints and 
a facial image of the applicant. Without complete biometric data, 
including an image of the recently-naturalized citizen from the 
simplified naturalization process, the Government of Hungary's passport 
application process became susceptible to imposter fraud. Additionally, 
the Government of Hungary identified corrupt officials who sold 
Hungarian passports.
    In October 2017, the Secretary notified the Government of Hungary 
by letter that it had been placed on provisional VWP status (pursuant 
to which Hungary is subject to an annual assessment, rather than an 
assessment every two years) due to its noncooperation with earlier U.S. 
Government requests for information and collaboration in the 
investigation of passport fraud. The letter outlined steps necessary 
for Hungary to return to normalized status as a participating country 
in the VWP.
    Despite engagement by U.S. ambassadors and DHS up to the Secretary 
level since 2017, the Government of Hungary has made only limited 
progress in addressing vulnerabilities created by its ``simplified'' 
naturalization process. Its failure to address the large volume of 
identities that continue to be at risk of being exploited for mala fide 
purposes and its lack of investigative cooperation with U.S. law 
enforcement presents an elevated level of risk to the national 
security, law enforcement, and immigration enforcement interests of the 
United States.
    DHS is publishing this document announcing that effective August 1, 
2023, DHS is decreasing Hungary's ESTA validity period for travel to 
the United States from two years from the date of issuance to one year 
and limiting the validity of an ESTA for citizens or nationals of 
Hungary to a single use for ESTA applications received after the 
effective date of this document. This will have the dual effect of (1) 
sending a public signal regarding Hungary's non-compliance with VWP 
requirements, and (2) in the case of those with regular travel to the 
United States, creating an opportunity to obtain updated application 
and travel history information of Hungarian VWP travelers for vetting 
purposes. This is necessary due to Hungary's inability to fully satisfy 
its obligations under the VWP. Should Hungary's non-compliance with VWP 
requirements continue, DHS, in consultation with State, may make 
further adjustments to Hungary's VWP designation at any time, including 
suspension or termination from the program.

Robert Silvers,
Under Secretary for Strategy, Policy, and Plans Department of Homeland 
Security.
[FR Doc. 2023-16412 Filed 8-1-23; 8:45 am]
BILLING CODE P