Airlines to Submit Electronic Passenger Manifests
Posted Jan 10, 2003

In March 2002, Congress passed the Enhanced Border Security and Visa Entry Reform Act of 2002 (Act), which mandates international passenger carriers to submit passenger and crewmember information electronically by January 1, 2003. To implement and enforce this Act, INS has released proposed regulations that detail what will be required from international commercial carriers. Though these are only proposed regulations, the carriers are required to begin compliance immediately. Comments on the proposed regulations are due by February 3, 2003. Provided below is an analysis of some of the key factors of these proposed regulations.

Scope of Rule

Prior to publishing the proposed rule, commercial international carriers were only required to provide manual manifest information for passengers with immigration statuses requiring I-94 cards, as well as a separate manifest for crewmembers. The proposed rule requires commercial, international passenger carriers to provide electronically transmitted arrival and departure manifests for all passengers and crewmembers transported on commercial aircraft or vessels. There are no exceptions. All foreign nationals are included, even those from Canada and "visa-waiver countries." U.S. citizens and lawful permanent residents (LPRs) are included now, as well. The electronic submissions also will be required for direct trips between Canada and the U.S. and between the U.S. Virgin Islands and the British Virgin Islands. These destinations were previously exempt from the manual manifest requirements. The electronic manifests will be submitted to the INS.

Information Required

The following items must generally be included for each person on the manifest: complete name; date of birth; citizenship; gender; passport number; country of passport issuance; country of residence; United States visa number; date and place of visa issuance, if applicable; alien registration number, if applicable; United States address while in the United States; and other information that the U.S. Attorney General, in conjunction with the Secretary of State and the Secretary of the Treasury deem necessary. One addition has already occurred: the proposed rule requires adding a Passenger Name Record (PNR). The PNR is a unique passenger identifier that is specific to the airline industry in their reservation system.

Upgraded Electronic Systems

In the U.S., a voluntary Advance Passenger Information System (APIS) has been in place since 1989. The APIS uses the United States Electronic Data Interchange for Administration, Commerce, and Trade (U.S. EDIFACT) to electronically submit information to the U.S. Customs Service (USCS). However, U.S. EDIFACT does not have the capability to transfer all the data required under the proposed rule. International, commercial carriers, therefore, will need to start using the United Nations EDIFACT (UN EDIFACT), which provides for the electronic transfer of all the information required under this proposed regulation. The USCS is currently in the process of upgrading APIS to accept the UN EDIFACT and providing a web-based APIS UN EDIFACT system for small carriers who do not have their own APIS technology.

Fines

International, commercial passenger carriers will be subject to a $1000 fine for each person with respect to whom accurate and full manifest information is not provided or with respect to whom the manifest information is not prepared as prescribed. This fine system will not be implemented until the final rule is in effect. In the event the rule is finalized prior to December 31, 2003, there will be a period between the date of the final rule and December 31, 2003, when the fines will be imposed in a discretionary manner by INS.

Conclusion

With the implementation of this new rule, INS will be able to track the travel habits of all nonimmigrant, immigrant, and U.S. citizen travelers. While this rule is allegedly designed to improve homeland security, it is disconcerting that the government will have information pertaining to the travel habits of U.S. citizens. It is unclear whether these new rules will result in a further increase in travel fares and delayed departures. Watch MurthyDotCom and the MurthyBulletin for future coverage of developments resulting from this regulation, as we determine how they may affect the lives of our readers.