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Civ Air: Information on New APIS Rule


UNCLASSIFIED STATE 00181546
P 292233Z SEP 05
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS COLLECTIVE PRIORITY
INFO HOMELAND SECURITY CENTER WASHINGTON DC PRIORITY 2749

SUBJECT: CIV AIR: INFORMATION ON NEW APIS RULE

1. As Posts may be aware, pursuant to the Bureau of
Customs and Border Protection's (CBP) final rule issued on
June 6, 2005, the Department of Homeland Security (DHS)
will require all air carriers traveling to or from the
United States to submit additional data fields for each
passenger starting October 4, 2005. The required
information will assist in the efficient inspection and
control of passengers and thus will facilitate the
effective enforcement of the U.S. customs, immigration,
and transportation security laws.  Implementation of the
program has nevertheless been the cause of some concern
amongst foreign carriers and governments.  The following
information may be supplied to host governments and
carriers at Post's discretion. The information is also
located on CBP's website at the following address:
http://www.cbp.gov/xp/cgov/travel/id_visa/apis_final_rule_reqs.xml.
This rule does not change the current
transmission time requirement for Advanced Passenger
Information System (APIS) data; pre-departure APIS is
still under review by DHS.

2. Consular sections will also likely receive inquiries
from the public and the travel industry. In response,
consular sections should note that this requirement is a
part of the Enhanced Border Security and Visa Entry Reform
Act of 2002 and should refer questions to the CBP website
for the specifics of the final rule.

3. BEGIN TEXT
Advance Passenger Information System (APIS) Final Rule
         Requirement
October 4, 2005 Implementation date
To All Interested and Affected Parties:
In response to industry concerns regarding the October 4,
2005 APIS Final Rule implementation date, CBP has
developed an implementation plan of informed and enforced
compliance that balances compliance goals with flexibility
built in to aid carriers demonstrating a good faith effort
to comply. CBP is already working with carriers
individually to address the October 4, 2005 deadline.
During the implementation process, CBP may employ both
informed (outreach) and enforced (penalties) compliance as
appropriate; however, even once the enforced compliance
stage is reached, CBP has mechanisms in place to work with
and mitigate penalties assessed against carriers on a
case-by-case basis.   CBP already has designated, national
account managers who work directly with carriers on APIS
implementation and compliance issues on a full-time basis.
Carriers and other affected parties who are already doing
so should continue to utilize resources such as their
industry associations and CBP APIS national account
managers to obtain up-to-date information on APIS
compliance.  CBP is also posting the full text of APIS
Final Rule to its website at www.cbp.gov for easier
reference.

- The APIS Final Rule implementation plan may be described
   broadly as follows:
      - The first stage will focus on achieving technical
        compliance - the ability to transmit data timely
        using the prescribed format and data interchanges;
      - The second stage will focus on achieving technical
        and content (complete and accurate data)
        compliance; and
     - The third stage will require full technical and
       content compliance.
Address

-  CBP is required to collect address information by the
   Enhanced Border Security and Visa Entry Reform Act of
   2002.

-  Address information, in the larger context of passenger
   information, is central to risk assessment and
   targeting.
-  Examples of acceptable addresses include:

STATE 00181546  002.2 OF 002

Carriers should make every effort to ensure the address
information they collect and submit to CBP via APIS is
identical to the U.S. destination address declared to CBP
by the passenger upon application for entry (for I-94
purposes). Carriers should also make every effort to
ensure the address submitted in the APIS manifest appears
to be a valid address.

Below is clarification on what information should be
included on the manifest for those passengers who are: (1)
visiting the US; (2) joining a cruise ship; (3) picking up
a rental car or; (4) those not knowing their address while
in the United States:

-  Visiting the U.S., and the passenger has a known
   address.  Example;
Street Address: 1300 Pennsylvania Ave
City: Washington
State: D.C.
ZIP Code: 20229

-  Transit to a cruise ship: CBP will accept "transit to
   Cruise Line and Vessel/Cruise Name" in the address
   field. The city of cruise embarkation should be
   included. Example;
Street Address: Transit to MV Princess of the Seas
City: Miami
State: FL
ZIP Code: 99999

- Rental car pickup: CBP will accept if the first night
  stay is NOT known, the general itinerary of the
  traveler. If for example the traveler will be touring,
  the general itinerary city, state and zip code (if
  known). Example;
Street address: Touring the Grand Canyon
City: Grand Canyon
State: AZ
ZIP Code: 99999

- Hotel: For those passengers who are destined to a hotel
  and do not know the street address for the hotel, CBP
  will accept, Hotel name (if known), City (of first night
  stay), State.  ZIP Code should be provided if known.
  Example;
Street Address: Downtown Hotel Hilton - (be as specific as
possible)
City: Houston
State: Texas
ZIP Code: 99999

- CBP will continue to conduct outreach with the carrier
  organizations and post information to www.cbp.gov
  regarding the phased implementation schedule and the
  requirements for the address field.

RICE



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