[Code of Federal Regulations]

[Title 8, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 8CFR217.7]



[Page 401]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

PART 217_VISA WAIVER PROGRAM--Table of Contents

 

Sec. 217.7  Electronic data transmission requirement.



    (a) An alien who applies for admission under the provisions of 

section 217 of the Act after arriving via sea or air at a port of entry 

will not be admitted under the Visa Waiver Program unless an appropriate 

official of the carrier transporting the alien electronically 

transmitted to Customs and Border Protection (CBP) passenger arrival 

manifest data relative to that alien passenger in accordance with 19 CFR 

4.7b or 19 CFR 122.49a. Upon departure from the United States by sea or 

air of an alien admitted under the Visa Waiver Program, an appropriate 

official of the transporting carrier must electronically transmit to CBP 

departure manifest data relative to that alien passenger in accordance 

with 19 CFR 4.64 and 19 CFR 122.75a.

    (b) If a carrier fails to submit the required electronic arrival or 

departure manifests specified in paragraph (a) of this section, CBP will 

evaluate the carrier's compliance with immigration requirements as a 

whole. CBP will inform the carrier of any noncompliance and then may 

revoke any contract agreements between CBP and the carrier. The carrier 

may also be subject to fines for failure to comply with manifest 

requirements or other statutory provisions. CBP will also review each 

Visa Waiver Program applicant who applies for admission and, on a case-

by-case basis, may authorize a waiver under current CBP policy and 

guidelines or deny the applicant admission into the United States.



[70 FR 17848, Apr. 7, 2005]