Brussels, 04/06/2008 (Agence Europe) - On Tuesday 3 June, the US announced new security measures through implementation of the Electronic System for Travel Authorisation (ESTA) for travellers from western Europe wanting to go to the US for short visits.
The US Secretary of State for Homeland Security, Michael Chertoff, indicated that nationals from countries benefiting from visa waivers, should voluntarily submit a preliminary demand for travel authorisation from 1 August on the internet. This will become compulsory on 12 January 2009. This measure, expected now for several months, is part of the 11 September committee recommendations and aims to prevent potential terrorists travelling to the US. Those affected by this measure will be nationals from countries benefiting from the US Visa Waiver Program (VWP), the 15 older members of the EU, (excluding Greece), as well as Slovenia. Other member states may also be affected insofar as they are bilaterally negotiating inclusion into the VWP with Washington (EUROPE 9652 and 9649).
Citizens will have to submit a request for travel authorisation on the internet at least 72 hours before departure. They will also need to have this authorisation before entering a plane or boat bound for the US. The document is expected to be free and will be valid for two years or until the passport expires. Travellers will have to provide the same biographic elements and information on the journey as they usually do to customs when they arrive in the US (I-94W forms). Data include the passport number, country of residence, possible serious contagious diseases, previous convictions, history of being deported or having exceeded length of stay on US territory. The authorities will then be able to determine almost immediately whether the candidate is eligible for entry onto US territory or whether the travelling presents any risk to security or maintaining law and order. If a candidate is refused authorisation, he will be allowed to submit a non-immigrant visa request at an embassy or consulate in the US. Traveller data could, under certain conditions, be made accessible to the police authorities for a 15 year period, even longer in some cases. This data could also be sent to other countries.
Shortly after this announcement, the European commissioner for justice and home affairs, Jacques Barrot, spoke to Mr Chertoff on the phone and asked him for “more information”, particularly written, explained the commissioner's spokesperson, Michel Cercone. The US decision will now be scrutinised by the Commission, which intends to give its verdict in its visa reciprocity report. The assessment was originally going to be submitted at the end of June but is now expected to be delayed until July, explained a Commission source. The Commission considers that this will involve analysing the US proposal from the point of view of provisions included in data protection (authorities in charge, period of time for storing information, their effectiveness etc). The Commission assessment will then be submitted to member states, which will give their opinions on whether ESTA can be assimilated into a visa or not. Visa policy is part of the Community remit and the Commission, in principle, will decide on the matter. If ESTA turns out to have the same characteristics as a visa, the EU may then decide to reintroduce visa obligations for US citizens. (B.C.)