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DOJ/INS

RIN: 1115-AG57

Publication ID: Spring 2011

Title: Carrier Arrival and Departure Electronic Manifest Requirements
Abstract: There are four principal laws that require the Attorney General to develop an automated and integrated entry/exit data system for aliens: 1. The Immigration and Naturalization Service Data Management Improvement Act (DMIA), Public Law 106-21; 2. The Visa Waiver Permanent Program Act (VWPPA), Public Law 106-396; 3. The USA PATRIOT Act, Public Law 107-56; and 4. The Enhanced Border Security and Visa Entry Reform Act (Border Security Act), Public Law 107-173. Implementation of the relevant provisions in these four laws together will result in the Entry/Exit System. One of the basic legislative mandates is that the system integrate the available alien arrival and departure data that exist in any Department of Justice (DOJ) or Department of State (DOS) data base or system. This necessarily must include the systems that incorporate carrier manifest data on passengers and crew members who are entering or leaving the U.S. via air or sea. Section 231 of the Immigration and Nationality Act (INA) and 8 CFR part 231 state the requirements for carrier manifests. In section 402 of the Border Security Act, Congress amended the manifest requirements in INA, section 231. The Border Security Act requires the submission of arrival and departure manifests electronically in advance of a commercial aircraft or vessel's arrival in or departure from the United States not later than January 1, 2003. Promulgation of regulations to implement this law will provide the Service with advance notification of information necessary for the identification of passengers and crewmembers on commercial carriers. The contents of the electronic arrival and departure manifest include: (1) complete name; (2) date of birth; (3) citizenship; (4) sex; (5) passport number and country of issuance; (6) country of residence; (7) United States visa number, date, and place of issuance, where applicable; (8) alien registration; (9) United States address while in the United States; and (10) such other information the Attorney General, in consultation with the Secretary of State and the Secretary of Treasury determines as being necessary for the identification of the persons transported and for the enforcement of the immigration laws and to protect safety and national security. In October 2000, Congress also amended section 217 of the INA to make the Visa Waiver Pilot a permanent program. The VWPPA also added a specific requirement for a "fully automated entry and exit control system" covering all aliens who enter the United States under the VWP at airports and seaports. The requirements for this system are both narrower and broader, in different respects, than the DMIA automated system requirements. The VWP entry/exit system will be incorporated into the broader Entry/Exit System mandated by DMIA. In addition, the VWPPA states that no alien arriving by air or sea may be granted a visa waiver under INA, section 217, on or after October 1, 2002, unless the carrier is submitting passenger information electronically to the VWP entry/exit system, as required by the Attorney General. The Service is separately promulgating regulations to amend 8 CFR part 217 to implement the electronic manifest requirements for VWP purposes.
Agency: Department of Justice(DOJ)	Priority: Other Significant
RIN Status: First time published in the Unified Agenda	Agenda Stage of Rulemaking: Completed Actions
Major: No	Unfunded Mandates: No
CFR Citation: 8 CFR 231
Legal Authority: PL 107-173 PL 106-96 8 USC 1101 8 USC 1103 8 USC 1182 8 USC 1221 8 USC 1228 8 USC 1229

Legal Deadline:

Action	Source	Description	Date
Final	Statutory		01/01/2003

Overall Description of Deadline: Public Law 107-173, the Visa Waiver Permanent Program Act (VWPPA), sets a mandatory deadline of October 1, 2002.

Timetable:

Action	Date	FR Cite
Transferred to RIN 1651-AA21	02/28/2003

Additional Information: INS No. 2182-01
Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Federalism: No
Included in the Regulatory Plan: No
Sectors Affected: 481 Air Transportation
RIN Data Printed in the FR: No
Related RINs: Related to 1115-AG68, Related to 1115-AG73
Agency Contact: Michael J. Flemmi Assistant Chief Inspector, Inspections Division Department of Justice Immigration and Naturalization Service Room 4064, 425 I Street NW., Washington, DC 20536 Phone:202 305-9247