Will the Transmission of Data in
Accordance With the Current APIS
Program Satisfy the Proposed Rule’s
Electronic Manifest Requirement?
As noted previously, section 231(c) of
the Act, as amended by the Enhanced
Border Security and Visa Entry Reform
Act of 2002 (Pub. L. 107–173),
prescribes specific information that
must be included in arrival and
departure manifests. The current data
elements transmitted via APIS do not
contain all of the elements that are
statutorily required by section 231(c) of
the Act, as amended.
The proposed rule includes the
following statutorily-mandated manifest
information that is not currently
collected under the APIS system:
(1) Place of visa issuance;
(2) The United States address while in
the United States; and
(3) The country of residence.
It is important to note, however, that
all items listed above are currently
required on the paper Form I–94, which
has legally sufficed for this arrival
manifest. This rule proposes to amend
only the format and time frame by
which this information must be
provided. The proposed rule requires
that this information be submitted by
the air and sea carriers to the Service via
the USCS APIS system.
..... Carriers currently transmit
APIS information using the US
EDIFACT format. The amount of
information that can be transmitted
through the APIS system, via the US
EDIFACT for now is limited. This
format cannot accommodate the new
data elements such as US address, visa
number, date, and place of issuance,
and country of issuance that are
required by section 402 of Public Law
107–173. Given these limitations in the
US EDIFACT format, the Service
anticipates the carriers will convert
their reservation or computer systems to
the UN EDIFACT format which can
accommodate the required additional
data elements. Additional information
on UN EDIFACT can be located at the
following Web site:
http://
www.unece.org/trade/untdid/
welcome.htm.
...In 2003, the Service anticipates the
carriers will convert their systems from
the US EDIFACT format to the UN
EDIFACT format to facilitate their
transmission of the new data element
requirements. ... This conversion is not
expected to affect small entities since
the USCS is developing a Web-based
APIS UN EDIFACT system, that is
expected to be complete in April 2003.
Will the Service Impose Any Fines on
the Carriers for Not Submitting the New
Data Elements on January 1, 2003?
No. The Service will not impose any
fines until the regulation is published as
a final rule. ..... However, before
issuing any fines during the conversion
period (from the effective date of the
final rule through December 31, 2003),
the Service will evaluate a carrier’s
performance to determine whether it
has made a good faith effort to comply
with the electronic transmission
requirement. The Service will consider
the following factors: (1) Whether the
carrier notified the Service of any
problems it was experiencing in
submitting the information; (2) whether
the carrier has a backorder for the
purchase of additional equipment, such
as document readers; (3) the completion
of the APIS UN EDIFACT format by the
Service and the USCS; and (4) the
totality of circumstances of each
carrier’s attempt to comply with this
regulation. ......
Does the Service Propose To Require
Any Other Additional Electronic
Information?
Yes. The Attorney General, in
consultation with the Secretaries of
State and the Treasury, may also require
additional manifest information if the
information is deemed necessary for the
identification of the persons transported
and for the enforcement of the
immigration laws and to protect safety
and national security. Pursuant to that
authority, the proposed rule prescribes
adding a Passenger Name Record (PNR)
locator or a unique identifier or
reservation number. The PNR locator is
a unique passenger identifier that is
specific to the airline industry in their
reservation systems. This does not
require carriers to create new
identifying systems. In any database
system a unique identifier is not
difficult to create. This identifier is very
important to the Service because this
will assist the Service in matching an
arrival record with a departure record.
The Service is particularly interested in
comments by the carrier industry to the
proposal that carriers submit the PNR
locator number or unique identifier
electronically as part of the manifest
requirement.
....
This rule proposes to require
commercial carriers transporting any
person by air to any port within the
United States from any place outside the
United States to submit electronic
arrival passenger manifests to the
Service no later than 15 minutes after
the flight departs from the last foreign
port or place. This will allow the
Service to check the manifest
information against appropriate security
databases prior to arrival. This rule
further proposes that air carriers be
required to submit the arrival crew
manifest electronically to the Service in
advance of departure from the last
foreign port or place. This is the current
transmission requirement for air carriers
submitting electronic arrival
information under the APIS program,
and this requirement will also conform
to the USCS’ rule published at 66 FR
67482 (December 31, 2001).
.....blah, blah, blah.
Welcome to a Brave New World.