Reminder: WHTI for Land and Sea Travel Goes into Effect June 1st

The final rule details the documents U.S. citizens and nonimmigrant citizens of Canada, Bermuda, and Mexico will be required to present when entering the U.S. from within the Western Hemisphere at sea and land ports of entry, as required by the Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA). (See ITT's Online Archives or 04/04/08 news, 08040405, for BP summary of WHTI land, sea final rule.)

(The air portion of WHTI, which was implemented by an earlier final rule on January 23, 2007, also affects U.S. citizens and nonimmigrant citizens of Canada, Bermuda, and Mexico. See ITT's Online Archives or 11/30/06 news, 06113015, for BP summary of WHTI air final rule.)

ACE e-Manifests Submitted Without Approved Docs for Drivers to be Rejected

As of June 1, 2009, electronic truck manifests submitted via the Automated Commercial Environment without approved WHTI documents for drivers will be rejected unless the identifying number of at least one of the following documents is submitted with each crew and passenger record in an ACE e-Manifest:

(See ITT's Online Archives or 04/28/09 news, 09042805, for BP summary announcing that ACE has been modified to accept all WHTI travel documents.)

Requirements for U.S. Citizens

Effective June 1, 2009, the following documents will be required for U.S. citizens (except those who fall into one of the special rule categories listed below) when entering the U.S. from within the Western Hemisphere at sea and land ports of entry:

a U.S. passport or passport card²;

an enhanced drivers license¹;

a valid Trusted Traveler card such as NEXUS, Free and Secure Trade (FAST), or Secure Electronic Network for Travelers Rapid Inspection (SENTRI);

a valid Merchant Mariner Document (MMD) when traveling in conjunction with official maritime business; or

a valid U.S. Military identification card when traveling on official orders or permit.

Requirements for Canadian Citizens

Canadian citizens entering the U.S. at sea and land ports-of-entry will be required to present (in addition to any applicable visa requirements): a passport issued by the Government of Canada or, a valid Trusted Traveler program card issued by the Canadian Border Services Agency (CBSA) or DHS (FAST, NEXUS, or SENTRI).

Additionally, Canadian citizens in the NEXUS program who arrive by pleasure vessel from Canada will be permitted to present a NEXUS membership card in lieu of a passport along the northern border under the auspices of a remote inspection system for pleasure vessels, such as the Outlying Area Reporting System (OARS).

Requirements for Mexican Nationals

All Mexican nationals will be required to present either (1) a passport issued by the Government of Mexico and a visa when seeking admission to the U.S., or (2) a valid BCC when seeking admission to the U.S. at land ports of entry or arriving by pleasure vessel or by ferry from Mexico.

Requirements for Citizens of Bermuda

All Bermudian citizens will be required to present a passport issued by the Government of Bermuda or the United Kingdom when seeking admission to the U.S. at all sea or land ports of entry, including travel from within the Western Hemisphere.

Special Rules for Specific Populations of Above Groups

The final rule provides for the acceptance of certain alternative documents for land and sea travel into the U.S. for U.S. citizen cruise ship passengers on "closed loop" voyages; U.S. and Canadian citizen children; children under age 16; children under age 19 traveling in groups; and members of U.S. Native American tribes.

(See final rule for complete list of specific groups/acceptable alternative documents.)

Groups Not Subject to IRTPA

Lawful permanent residents (LPRs) of the U.S., employees of the International Boundary and Water Commission (IBWC) between the U.S. and Mexico, OCS workers, active duty alien members of the U.S. Armed Forces, and members of NATO-member Armed Forces, are not subject to certain provisions of the IRTPA and therefore not subject to the document requirements of this final rule.

¹Enhanced Driver's Licenses (EDLs), in contrast to "Real IDs," are suitable for cross-border use and are equipped with vicinity radio frequency identification (RFID) capability. "Real ID's" as currently planned will be accepted for boarding commerciallyoperated airline flights and entering federal buildings and nuclear power plants, but not for border crossing. (See ITT's Online Archives or 05/12/2008 news, 08051215, for BP summary of DHS' postponement of Real ID requirements until December 31, 2009 at the earliest.)

According to DHS sources, EDLs are currently offered in the U.S. by Michigan, New York, Vermont and Washington State, and in Canada by British Columbia, Manitoba, Ontario, and Quebec. (DHS WHIT overview listing WHTI-compliant state and provincial licensing programs available at: http://www.cbp.gov/linkhandler/cgov/travel/vacation/enhanced_dl_fs.ctt/enhanced_dl_fs.doc

²In December 2007, the State Department issued a final rule, effective February 1, 2008 providing for a passport card (also called a PASS Card) for land and sea travel between the U.S. and Canada and Mexico, the Caribbean, and Bermuda. The card is a low cost alternative to the traditional book format passport, and its primary purpose is to facilitate the travel of U.S. citizens living in border regions as part of the WHTI. (See ITT's Online Archives or 01/11/08 news, 08011117, for BP summary.)