[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR217.7]

[Page 409]
 
                     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]