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CBP Reminder on Upcoming WHTI Effective Dates

U.S. Customs and Border Protection has posted to its Web site certain summary information regarding the upcoming Western Hemisphere Travel Initiative passport or other secure document requirements for U.S. citizens and nonimmigrant aliens from Canada, Mexico or Bermuda entering the U.S. (i) by land from Canada or Mexico, or (ii) by sea from the Western Hemisphere.

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(The WHTI requirements for U.S. citizens and nonimmigrant aliens from Canada, Mexico or Bermuda departing from or entering the U.S. from within the Western Hemisphere by air have already been implemented. See ITT's Online Archives or 11/29/06 news, 06112915, for BP summary of final rule.)

CBP's summary information, as well as earlier government issuances, indicate the following:

Land/Sea Implementation for U.S. and Canada Expected on January 31, 2008

Effective January 31, 2008, the WHTI is expected to be implemented for U.S. and Canadian citizens ages 191 and over. At that time, subject individuals will need to present a government-issued photo ID such as a driver's license, and proof of citizenship, such as a birth certificate, naturalization certificate, or passport to enter the U.S. by land or sea.

A passport or a trusted traveler card (NEXUS, Secure Electronic Network for Travelers Rapid Inspection (SENTRI) or Free and Secure Trade (FAST) card) will be accepted for both ID and citizenship requirements. (See the WHTI land and sea proposed rule for a full list of documents that are proposed to be accepted for establishing citizenship. Link provided below.)

"PASS Cards" Expected in Spring 2008, Etc.

The State Department also intends to make available in spring 2008 a limited-use Passport Card (PASS Card), specifically for land and sea travel from these neighboring countries.

In addition, several states including Washington, Vermont and New York are considering Enhanced Driver's License that will fulfill these new identification requirements.

(The State Department issued a proposed rule on October 17, 2006 to establish a U.S. passport card that would be a secure citizenship and identity document that carries most of the rights and privileges of a traditional U.S. passport, but with validity limited to international travel by land and sea between the U.S. and Canada, Mexico, the Caribbean or Bermuda. See ITT's Online Archives or 11/02/06 and 12/21/06 news, 06110210 and 06122130, for BP summary of the State Department proposed rule and extension of the comment period, respectively.)

Land/Sea Implementation for Mexico and Bermuda as Early as Summer 2008

The WHTI is expected to be fully implemented as early as the summer of 2008 when WHTI requirements are implemented for Mexican nationals and Bermuda citizens by an upcoming final rule. At that time, all travelers subject to WHTI will be required to have a valid passport, NEXUS, SENTRI, FAST, Border Crossing Card or other acceptable document.

According to CBP, ample notice of the exact date of implementation will be provided to ensure that travelers can obtain an appropriate document.

1The proposed rule for the land and sea portion of the WHTI also outlines proposed document requirements for U.S. and Canadian citizen children under the age of 16 and for U.S. and Canadian citizen children under age 19 who are traveling with certain school groups, religious groups, etc.

(See ITT's Online Archives or 06/26/07 and 07/06/07 news, 07062635 and 07070640, for Parts I and II of BP's summary on the WHTI proposed rule for the land and sea portion.)

CBP notice (dated 11/01/07) available at http://www.cbp.gov/xp/cgov/travel/vacation/ready_set_go/land_travel/reqs_canmexber.xml