Delay for Machine Readable Passport Requirement
Posted Sep 19, 2003
There has been a bit of confusion recently regarding a potential delay in implementation of the requirement that individuals traveling on the Visa Waiver Program (VWP) have Machine Readable Passports (MRPs). We initially reported this requirement in the 11 Jul 2003 MurthyBulletin article, Machine Readable Passport Required for Visa Waiver Visitors, available on MurthyDotCom. The requirement was that individuals traveling on the VWP would need MRPs as of October 1, 2003. The U.S. Department of State (DOS) confirmed in a September 10, 2003 cable that the requirement could be waived until October 26, 2004, upon a timely request of the VWP country. The matter had initially been reported in the "New York Times" on September 9, 2003. In response to that report, a DOS spokesman stated that it was a proposal that had not been finalized. The following day, DOS issued a cable permitting the waiver upon request of the VWP country.
The cable states that the U.S. Secretary of State will waive the requirement that persons traveling on the VWP must have MRPs until October 26, 2004 if certain conditions are met. The conditions are that the government of the particular country must request the waiver via a "diplomatic note" within a week of the cable. The note must acknowledge that the waiver of the MRP requirement for VWP travel will expire on October 26, 2004. It must outline the requesting government's plans to make MRPs available and describe measures taken to protect against passport misuse. The note must also affirm the requesting country's commitment to inform the U.S. about lost and stolen passports in order to prevent misuse of those important documents. The reason for allowing the waiver is to avoid significant disruption in travel and commerce, as many passports held by individuals in VWP countries are not machine readable. Citizens of Belgium will continue to require machine readable passports, as the rule has applied to Belgium since May 2003.
As of this writing, the DOS WebSite still contained the October 1, 2003 date. Presumably, this will be updated so that individuals may take appropriate measures in case they need an MRP. If a machine readable passport is required, an individual with a passport that does not meet this requirement will need to obtain a visa from the U.S. Consulate abroad in order to enter the United States, rather than being able to enter the U.S. without the visa stamp in the passport under the Visa Waiver Program.© The Law Office of Sheela Murthy, P.C.
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