Rule2023-13441
Brunei Electronic System for Travel Authorization Validity Period
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 6, 2023
Effective
July 6, 2023
Issuing agencies
Homeland Security Department
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 128 (Thursday, July 6, 2023)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-13441]
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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.
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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]
BILLING CODE P
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