WHTI Implementation Delayed Until June 1, 2009, Etc.
U.S. Customs and Border Protection officials have confirmed that the recently enacted Consolidated Appropriations Act of 2008 (Public Law (P.L.) 110-161) contains a provision which delays the implementation of the Western Hemisphere Travel Initiative until June 1, 2009.
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(WHTI was created by Section 7209 of the Intelligence Reform and Terrorism Prevention Act of 2004 (P.L. 108-458, IRTPA, as amended by P.L 5441); which, among other things, requires the development and implementation of a plan to require virtually all travelers entering the U.S. to present a passport, other document, or combination of documents that are deemed by the Secretary of the Department of Homeland Security (DHS) to be sufficient to denote identity and citizenship.)
Oral Declaration/Air Travel Components of WHTI Have Gone Forward
Certain WHTI components such as those related to the acceptance of oral declarations and those related to air travel and have moved forward as follows:
U.S./Canada/Bermuda oral declarations for land/sea travelers no longer allowed. CBP has issued a notice stating that, effective January 31, 2008, oral declarations will no longer be satisfactory as evidence of citizenship and identity for U.S., Canadian, and Bermudian citizens entering the U.S. at land or sea ports of entry.
According to CBP, as of January 31, 2008, all travelers will be expected to present documents proving citizenship, such as a birth certificate, and government-issued documents proving identity, such as a driver's license, when entering the U.S. through land and sea ports of entry.
(Department of Homeland Security (DHS) and State Department officials have previously characterized the end of acceptance of such oral declarations as a first step toward full implementation of WHTI. CBP officials have recently added that the practice of accepting such oral declarations has largely been phased out already and this notice formalizes this change.)
Reminder: passports required for Western Hemisphere air travelers. In November 2006, the State Department and CBP issued a final rule, effective January 23, 2007, that finalized the first phase of the WHTI by requiring with some exceptions, that citizens of the U.S., Canada, Mexico, and Bermuda present a passport to enter the U.S. when arriving by air from any part of the Western Hemisphere (Canada, Mexico, Bermuda, South and Central America, and the Caribbean). (See ITT's Online Archives or 11/29/06 news, 06112915, for BP summary.)
(See ITT's Online Archives or 01/11/08 news, 08011117, for BP summary of a State Department final rule on PASS cards for certain land and sea travel by U.S. citizens.
See ITT's Online Archives or 12/12/07 news, 07121225, for BP summary of a DHS fact sheet on enhanced driver's licenses as an alternative WHTI-compliant document.
See ITT's Online Archives, 08010125, for BP's full summary of a June 2007 DHS/State Department proposed rule to require a passport, etc. for all land and sea travel into the U.S.)
CBP contact - Colleen Manaher (oral declarations notice) (202) 344-3003
CBP notice on oral declarations (FR Pub 12/21/07) available at http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/pdf/E7-24691.pdf
P.L. 110-161 (H.R. 2764), available at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:h2764enr.txt.pdf