New Immigration Requirements For Travel To/From The USA.

Background

The United States Government recently implemented new requirements of air carriers to provide additional passenger information that must be collected in advance of travel to/from the US . This requirement becomes effective on the 4th October 2005.

Given that the collection of this data is a legal obligation it is essential that from this date passengers intending to travel to the United States must present, at their departure airport, the full address of their intended destination including the US zip code.

What is Advance Passenger Information?

Advance Passenger Information ( API ) is information currently required by the US Government about passengers prior to them travelling. All airlines are required to collect this information from passengers who are travelling to the US and transmit it to the US Customs and Border Protection.

Currently, when a passenger travels to the US, their passport is swiped at airport check-in and data in the machine-readable zone (marked by chevrons >>>> including full name, date of birth, gender, nationality, date of birth, passport number, country and date of issue) is transmitted electronically, within 15 minutes of the aircraft's departure, to the US authorities.

For passengers without machine-readable passports, this information is keyed in manually by the airline/ground handler. This passport data is supplemented by airlines' PNR (Passenger Name Record) data, including details of the passenger's itinerary, which is transmitted at the same time.

The passenger is required to complete an I-94 form (white for passengers holding US visas) or an I-94W form (green in the case of Visa Waiver Program nationals) which is given to them either at check-in or on board the aircraft. The I-94/I-94W is presented to US Immigration on arrival. The information given on these forms should match the data transmitted by the airlines, but two extra pieces of information are required on the I-94/I94W that are not contained in the machine-readable zone of the passport: country of residence and address while in the US (number and street, city, state and zip code); The address is not required for US citizens, lawful permanent residents or passengers in transit to a destination outside the US.

The US government has now advised that, effective 4 October 2005; these two additional pieces of information must be collected by the airline and transmitted electronically at the time of the aircraft's departure. From this date passengers intending to travel to the United States must present, at their departure airport, the full address of their intended destination including the US zip code.

API Information Required

The US Customs and Border Protection Agency will require the following information for all travellers to the US from 4 October 2005 (for both existing bookings as well as those made after the date the new laws come into force):

• Full name (last, first name, middle name if applicable)*

• Date of birth*

• Gender*

• Citizenship*

• Travel document type (normally passport and alien/permanent resident card if applicable)*

• Document number*

• Document country of issue*

• Document expiry date*

• Country of residence

• Address where you'll be staying in the US

• If you are in transit, your final destination *

The details marked with an asterisk can be taken from the passenger's machine-readable passport.

Please note:

1. There are certain travellers that are exempt from this requirement e.g. US citizens, Legal Permanent Residents (LPR's) and transit passengers*.

2. The content of a hotel address must include the hotel name, street name, area, city, state and a zip code is also preferred.

3. If passengers are joining a ship they must provide the vessel and cruise name plus the US City of embarkation.

4. If passengers are in transit they must provide the non-US country name, the carrier/vessel name and number.

5. If passengers are hiring a car they must make a reasonable attempt at providing an intended address of their first night in the US.

6. LPR's must provide their Alien registration Number.

*In-transit passengers are defined as those who transfer through the US for the purpose of continuing their journey to a third country, where the time period between arrival in and departure from the US does not exceed 8 hours.

Airlines are currently evaluating ways of collecting this data in advance of the day of departure, preferably at point of sale in order to prevent congestion and delays at the airport. Reservations systems are being expanded to incorporate the extra fields for these two pieces of data (and potentially other elements required in future by the UK and other countries' governments). Airlines' own websites already contain such fields.

What Do Airlines Do With API?

Once the information has been supplied, the airlines hold it in their systems ready for electronic submission to the US Customs and Border Protection Agency shortly after each flight has departed. Airlines are bound by UK data protection and privacy laws and will not forward the information to anyone or show it to anyone who does not have appropriate security clearances (namely the US Authorities). They will not use it for any other purpose than to provide passenger information to the US Authorities who will verify this against their databases.

What Will the US Authorities Do With the Information?

The API data is checked against the combined federal law enforcement database, known as the Interagency Border Inspection System ( IBIS ). Names are also checked against the FBI National Crime Information Centre wanted persons database.

The US Authorities are bound by data protection and privacy laws so that the information cannot be forwarded to, or seen by anyone who does not have appropriate security clearances. It will only be used for its intended purpose.

What if the Passenger Does Not Want to Provide API?

All airlines are required by the US Government to collect API for all passengers before travel to or from the US . Passengers who refuse to supply API will not be allowed entry to the US and therefore will not be accepted for travel at check in.

What if the Passenger Does Not Know Their US Address?

The US authorities require an address or an indication of where the passenger will be staying:

If accommodation will be allocated on arrival

The name and address of the passenger's agent in the US should be provided.

If the passenger is taking a fly-drive holiday

They should provide the name and location of the car hire company and their first intended stopping point.

If the passenger is transferring to a cruise ship

They should provide the name of the vessel and the port of their embarkation.

If the passenger is backpacking

They should provide an indication of where they will spend their first night.

Will More Countries Require API?

At the moment, only the API requirements of the US are known. However, there are plans for countries such as China, Japan, India and South Africa to introduce this. Once further information is known it will be communicated.

Please do not hesitate to contact HRG Australia should you have any additional questions or require any clarification of this advice.