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Homeland Security

18 October 2004

U.S., EU Discuss Participation in Visa Waiver Program

U.S. officials meet with EU states on laws governing visa waivers

U.S. officials met in Brussels, Belgium, October 18 with officials from the European Commission, the Dutch European Council Presidency, and the 10 EU member states that do not participate in the U.S. Visa Waiver Program (VWP).

A communiqué issued by the U.S. Mission to the European Union following the meeting cites the requirements a country must meet to qualify for the Visa Waiver Program.

While Greece and none of the new EU member nations meet all the criteria at this time (with the exception of Slovenia, which joined the VWP prior to EU accession), the U.S. officials said after the meeting that they would continue to review the situation in each country and make nominations for participation in the program if a country becomes eligible. The officials were from the U.S. Department of Homeland Security and the State Department's Bureau of Consular Affairs.

Travelers from Visa Waiver Program countries are allowed to enter the United States for up to 90 days for business or pleasure using only a passport. (Beginning October 26, it must be a machine-readable passport; otherwise, a valid U.S. visa is required).
As of September 30, VWP travelers are included under the US-VISIT program, which requires foreign travelers to be digitally fingerprinted and photographed to verify their identity as they pass through immigration checkpoints.
Following is the communiqué issued by the U.S. Mission to the EU:

(begin text)

U.S. Mission to the European Union
October 18, 2004

COMMUNIQUE ON THE EUROPEAN UNION AND THE VISA WAIVER PROGRAM

United States officials met with members of the European Union in Brussels on October 18 to discuss participation in the Visa Waiver Program (VWP). They noted that U.S. visa policies and procedures are established in accordance with specific laws and legislatively mandated requirements. Legislation for the VWP requires the U.S. to review each country individually for purposes of determining compliance with requirements of the VWP. This should not be viewed as a reflection of the overall bilateral relationship with the U.S.; many countries not in the program are among the closest friends and partners of the United States.

The statutory requirements to qualify for the VWP are set forth in Section 217 of the Immigration and Nationality Act, and cannot be waived. Countries must first meet a threshold requirement of an average non-immigrant visitor refusal rate of less than 3%. Once that threshold is met, the following criteria come into play:

· Issue a machine-readable passport that, after October 26, 2005, is biometrically enhanced according to ICAO standards;

· Offer visa free travel to American citizens;

· Certify that they report the loss or theft of blank passports to the U.S. Government;

· Have a low rate of immigration violations and refused admissions.

The Secretary of the Department of Homeland Security, in consultation with the Secretary of State, must make a positive determination regarding the impact the country's potential VWP participation would have on U.S. national security and law enforcement interests. In the ongoing review of current VWP participants the factors considered include:

· Terrorist and criminal threats in the country and efforts to address them;

· Existence of formal and informal cooperation, including extradition; treaties, with the U.S. and international partners, such as Interpol; and

· Effective border security controls, including citizenship and passport issuance procedures.

The Secretary of Homeland Security is required to submit to Congress a report on a country's qualification for designation as a VWP country, including an explanation of a favorable determination.

While Greece and none of the new EU member nations meet all the criteria at this time (with the exception of Slovenia, who joined the VWP prior to EU accession), U.S. officials said that they would continue to review the situation in each country and make nominations for participation in the VWP if and when a country becomes eligible. This is similar to the approach used by most EU member states in defining which third countries qualify for "visa waiver" status according to the Schengen Agreement. U.S. officials reiterated the commitment of the U.S. Government to facilitate legitimate travel and trade between EU members and the United States, and look forward to the day when all EU member states meet the criteria to enter the VWP, and enjoy visa-free travel.

(end text)

(Distributed by the Bureau of International Information Programs, U.S. Department of State. Web site: http://usinfo.state.gov)



This page printed from: http://usinfo.state.gov/xarchives/display.html?p=washfile-english&y=2004&m=October&x=20041018182527XLrenneF0.1999475&t=livefeeds/wf-latest.html



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