Western Hemisphere Travel Initiative Requires Passports for U.S. Borders

11/27/2006 — The following information on the Western Hemisphere Initiative that will require passports for all travelers entering the United States from Mexico, Canada, and Bermuda is EFFECTIVE JAN. 23, 2007. Note that much of the information below states the original date: January 8th , which has now been revised to January 23rd. While the implementation date is now set for this date, we encourage all travelers to have passports in place early in January 2007, to eliminate any delay or question during travel outside the U.S. The information below has been gathered from various government Web sites and is deemed to be accurate and current. If you have further questions, please contact your Atlas Travel International agent and we can refer you to our Passport and Visa expeditor, A. Briggs.

New Requirements for Travelers Under the Western Hemisphere Travel Initiative (WHTI)

The proposed implementation timeline has two phases:

•  On Jan. 23, 2007, ALL persons, including U.S. citizens, traveling by air between the United States and Canada, Mexico, Central and South America, the Caribbean, and Bermuda will be required to present a valid passport, Air NEXUS card, or U.S. Coast Guard Merchant Mariner Document.

•  As early as Jan. 1, 2008, ALL persons, including U.S. citizens, traveling between the U.S. and Canada, Mexico, Central and South America, the Caribbean, and Bermuda by land or sea (including ferries) may be required to present a valid passport or other documents as determined by the Department of Homeland Security.

Travel Documents for U.S. Citizens Under WHTI

Under the proposed implementation plan, the following documents will be acceptable to fulfill document requirements:

Valid Passport:  U.S. citizens may present a valid U.S. passport when traveling via air between the United States and Canada, Mexico, Central and South America, the Caribbean, and Bermuda, and may also use a U.S. passport when traveling via sea and land borders (including ferry crossings). The Department of State and Department of Homeland Security also anticipate that the following documents will continue to be acceptable for their current travel uses under WHTI: SENTRI, NEXUS, FAST, and the U.S. Coast Guard Merchant Mariner Document. As proposed, members of the U.S. Armed Forces on active duty traveling on orders will continue to be exempt from the passport requirement.

The Passport Card (PASS Card): This limited-use passport in card format is currently under development and will be available for use for travel only via land or sea (including ferries) between the U.S. and Canada, Mexico, the Caribbean, and Bermuda.  

FREQUENTLY ASKED QUESTIONS  

Q. What is the Western Hemisphere Travel Initiative?
The Western Hemisphere Travel Initiative (WHTI) will require all travelers to and from Canada, Mexico, Central and South America, the Caribbean and Bermuda to present a passport or other accepted document that establishes the bearer's identity and nationality to enter or re-enter the United States. The goal is to strengthen border security and facilitate entry into the United States for U.S. citizens and legitimate international travelers.

Q. Why is the U.S. government implementing the travel initiative?
The Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA) mandated that the U.S. Secretaries of  Homeland Security and State develop and implement a plan to require U.S. citizens and foreign nationals to present a passport or other appropriate identity and citizenship documentation when entering the United States.   For many years, U.S. citizens, and some citizens of other countries in the Western Hemisphere, including Canadians and Mexicans with Border Crossing Cards (BCCs or "Laser Visas"), have not been required to present a passport to enter the United States. Currently, a traveler may make a verbal declaration of citizenship, or present other forms of documents to enter the country that cannot currently be validated or verified in a timely manner, such as birth certificates and driver's licenses.  

Q. When will the travel initiative be implemented?
In the proposed implementation plan, the initiative will be implemented in two phases:

•  Jan. 23, 2007 - Passports, Merchant Mariner Documents (MMDs) or NEXUS Air cards would be required for all air travel from within the Western Hemisphere for citizens of the United States, Canada,  Mexico, and Bermuda. This is a change from the previously scheduled date of January 1, in order to accommodate holiday travel.

•  Jan. 1, 2008 - It is anticipated that on Jan. 1,  2008, U.S. citizens traveling between the U.S. and Canada, Mexico, Central and South America, the Caribbean, and Bermuda by land or sea (including  ferries), may be required to present a valid U.S. passport or other documents as determined by the Department of Homeland Security. While recent legislative changes may permit a later deadline, both the Departments of State and Homeland Security are working to put all requirements in place by the original deadline. Advance notice will be provided to enable the public meet the land/sea border requirement.  

Q. Originally, the proposed date of implementation for the air travel phase was Jan. 1, 2007. Why the change to Jan. 23?

The Departments of Homeland Security and State proposed the new date in response to comments from the airline industry in order to help facilitate holiday travel.

Q. What impact does recent legislation have on the date of implementation for the land and sea phase?

While recent legislative changes may permit a later deadline, both the Departments of State and Homeland Security are working to put all requirements in place to implement the land and sea phase by the original deadline of Jan. 1, 2008. Advance notice will be provided to enable the public to meet the land/sea border requirement.  

Q. Which travel documents will be accepted under the travel initiative?
Valid Passport : U.S. citizens may present a valid U.S. passport when traveling via air between the U.S. and Canada, Mexico, Central and South America, the Caribbean, and Bermuda, and may also use a U.S. passport when traveling via sea and land borders (including ferry crossings).

We anticipate that these documents will continue to be acceptable for their current travel uses under WHTI: SENTRI, NEXUS, FAST, and the U.S. Coast Guard Merchant Mariner Document. As proposed, members of the U.S. Armed Forces on active duty traveling orders will continue to be exempt from the passport requirement.

The Passport Card (also referred to as the PASS Card): This limited-use passport in card format is currently under development and will be available for use for travel only via land or sea (including ferries) between the U.S. and Canada, Mexico, the Caribbean, and Bermuda.

Q. What happens to U.S. citizens who attempt to re-enter the country without a passport or an alternative travel card?

Under the law, the new documentation requirements may be waived under certain circumstances. These exceptions include individual cases of unforeseen emergency and individual cases based on "humanitarian or national interest reasons." In addition, the State Department has processes to assist U.S. citizens overseas to obtain emergency travel documentation for those with lost or stolen passports.

For the general public, people who apply for entry but do not have appropriate documentation will be referred for secondary screening at the port of entry. In secondary screening, Customs and Border Protection (CBP) officers will evaluate any evidence of citizenship or identity the  individual may have and will verify all information against available  databases. However, to prevent delay at the ports of entry, we would encourage all U.S. citizens to obtain the appropriate documents BEFORE they travel.

Q. How do I get a passport?
Contact your travel counselor for assistance.  United States citizens may also visit the U.S. State Department's web site at http://travel.state.gov or call the U.S. National Passport Information Center: 1-877-4USA-PPT. Please allow 6 weeks for processing of the passport application.

If you need to travel urgently and require a passport sooner, please contact your travel counselor for expedited passport processing.

Peak domestic passport processing is between January and July. For faster service, we recommend applying between August and December. U.S. citizens living outside the U.S. should contact the nearest U.S. embassy or consulate.   Foreign nationals should contact their respective governments to obtain passports.

Q. Will U.S. citizens traveling from U.S. territories need to present a passport to enter the United States?

No. These territories are a part of the United States. U.S. citizens returning directly from a U.S. territory are not considered to have left the U.S. territory and do not need to present a passport.

U.S. territories include the following: Guam, Puerto Rico, the U.S. Virgin Islands, American Samoa, Swains Island and the Commonwealth of the Northern Mariana Islands.

Q. Will children be required to present passports under the rule?

Yes, children will be required to present a passport when entering the United States at airports. More information on obtaining a passport for a minor can be found at http://travel.state.gov.  

Q. Other than a passport, what types of documents will be acceptable under this initiative for air travel?

The passport issued to international standards is the document of choice because of its security features, its compatibility with current infrastructure in our ports of entry, and its use of international standards and interoperability with all other countries. Individuals traveling by air within the Western Hemisphere will be required to present a passport for admission to the U.S. with limited exceptions.

DHS and State have also proposed accepting two other documents for air travel, in addition to the passport. The first is the Merchant Mariner Document (MMD) issued by the U.S. Coast Guard to merchant mariners, which includes  a fingerprint background check submitted to the Federal Bureau of Investigation, a National Driver Register check and a drug test. The other  document proposed to be accepted for air travel is the NEXUS Air card, for which enrollment is limited to citizens of Canada and the United States,  lawful permanent residents of the United States and permanent residents of Canada.

Q. How is the U.S. Government implementing the travel initiative?
DHS and the Department of State are engaged in a rulemaking process to implement the WHTI. A Notice of Proposed Rulemaking (NPRM) is an agency's method of informing the public about proposed regulations. An NPRM includes a comment period during which the public may provide written comments to the rulemaking agency. These comments are considered and responded to in the Final Rule.  

A joint Department of Homeland Security (DHS) and Department of State (State) Advance Notice of Proposed Rulemaking (ANPRM) was published in the Federal Register on Sept. 1, 2005. During the day public comment period following the ANPRM, more than 2,000 comments were submitted. An NPRM issued by DHS and State related to air travel was published on August 11, 2006. The Final Rule on documentary requirements for air travel under WHTI will be published in the near future.

A third State Department NPRM for a proposed passport card to be used at the land and sea borders was published separately on Oct. 17, 2006.  

Q. Can the general public provide input into the planning and implementation of the travel initiative?

As with the Advanced Notice of Proposed Rulemaking, the Notice of Proposed Rulemaking provides the general public an opportunity to submit written comments. Comments on the passport card NPRM may be submitted on or before Dec. 18, 2006. Comments may be submitted via the Federal e-Rulemaking Portal at http://regulations.gov. For more information, please contact your account management team.