[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR217.7]

[Page 399-400]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
      CHAPTER I--DEPARTMENT OF HOMELAND SECURITY (IMMIGRATION AND 
                             NATURALIZATION)
 
PART 217_VISA WAIVER PROGRAM--Table of Contents
 
Sec.  217.7  Electronic data transmission requirement.

    (a) No waivers granted. An alien who applies for admission under the 
provisions of the Visa Waiver Program pursuant to section 217 of the Act 
after arriving via sea or air at a port of entry will not be granted a 
waiver of the visa requirement of section 212(a)(7)(B)(i)(II) of the Act 
unless the carrier transporting such an alien is electronically 
transmitting the data required in paragraphs (b) and (c) of this 
section.
    (b)(1) Passenger arrival data. Each carrier shall transmit the data 
elements set forth in paragraph (c) of this section for each passenger 
transported by the carrier under section 217 of the Act. The information 
must be transmitted to the Service via the U.S. Customs Data Center, 
U.S. Customs Service

[[Page 400]]

Headquarters, by means of an electronic data interchange system that is 
approved by the U.S. Customs Service in conjunction with the Service. 
The Service must receive the information for each passenger no later 
than 15 minutes after the flight or the vessel has departed from the 
last foreign port or place.
    (2) Passenger departure data. Each carrier shall transmit the data 
elements set forth in paragraph (c) of this section for each passenger 
departing the United States aboard the carrier after having been 
admitted under section 217 of the act. The information must be 
transmitted to the Service via the U.S. Customs Data Center, U.S. 
Customs Service Headquarters by means of an electronic data interchange 
system that is approved by the U.S. Customs Service in conjunction with 
the Service. The Service must receive the information for each passenger 
no later than 15 minutes before the flight or vessel has departed from 
the United States. If additional passengers board after the original 
manifest has been submitted, or if passengers exit after boarding but 
prior to departure, carriers will also be required to submit amended or 
updated passenger manifest information electronically to the Service no 
later than 15 minutes after the flight or vessel has departed from the 
United States.
    (c) Required passenger and flight or vessel data elements.
    (1) Last name.
    (2) First name.
    (3) Middle name or middle initial.
    (4) Date of birth.
    (5) Gender or sex (F=Female; M=Male).
    (6) Nationality.
    (7) Document number.
    (8) Country of document issuance.
    (9) Document type (e.g., P=Passport, V=Visa, A=Alien registration 
card).
    (10) Airline International Air Transport Association (IATA) carrier 
code or vessel name.
    (11) Airline flight number, or tail number for private or corporate 
aircraft;
    (12) Date and time of scheduled flight or vessel arrival into the 
United States.
    (13) Date and time of scheduled flight or vessel departure from the 
United States.
    (14) Port of arrival.
    (15) Port of departure.
    (16) Contact name and number.
    (17) Traveler status (e.g., P=Passenger, C=Crewmember).

[67 FR 63249, Oct. 11, 2002]