Visa Waiver Program to be Suspended or Terminated?

EU may require visas from Americans and Canadians: EU source

Reuters: The European Union executive is considering whether to make U.S. and Canadian citizens apply for visas before traveling to the bloc in a move that could raise tensions as Brussels negotiates a free trade pact with Washington.

The European Commission will debate the issue, prompted by U.S. and Canadian refusals to waive their visa requirements for holders of some EU member states’ passports, at a meeting next Tuesday. That is just over a week before U.S. President Barack Obama arrives in Europe on a visit that will include discussions on trade.

“A political debate and decision is obviously needed on such an important issue. But there is a real risk that the EU would move towards visas for the two,” an EU source said.

Washington and Ottawa both demand visas before traveling for Romanians and Bulgarians, whose states joined the EU in 2007. The United States also excludes Croatians, Cypriots and Poles from a visa waiver scheme offered to other EU citizens.

Europe’s Schengen area, comprising 26 states, most of which are in the 28-member EU, has a common visa system. Poland is a member of Schengen, and the other four states are due to join.

Trade negotiations between Brussels and Washington are at a crucial point since both sides believe their transatlantic agreement, known as TTIP, stands a better chance of passing before President Barack Obama leaves the White House in January.

Obama is due to visit Britain before meeting German Chancellor Angela Merkel at a trade fair in Hanover on April 24.

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U.S. Visa Waiver Program

DHS: The Visa Waiver Program (VWP), administered by the Department of Homeland Security (DHS) in consultation with the State Department, permits citizens of 38 countries[1] to travel to the United States for business or tourism for stays of up to 90 days without a visa.  In return, those 38 countries must permit U.S. citizens and nationals to travel to their countries for a similar length of time without a visa for business or tourism purposes.  Since its inception in 1986, the VWP has evolved into a comprehensive security partnership with many of America’s closest allies.  The VWP utilizes a risk-based, multi-layered approach to detect and prevent terrorists, serious criminals, and other mala fide actors from traveling to the United States. This approach incorporates regular, national-level risk assessments concerning the impact of each program country’s participation in the VWP on U.S. national security and law enforcement interests.  It also includes comprehensive vetting of individual VWP travelers prior to their departure for the United States, upon arrival at U.S. ports of entry, and during any subsequent air travel within the United States.

Economic Benefits

A strong and vibrant economy is essential to our national security. The United States welcomed approximately 20 million VWP travelers in FY 2014 who, according to the Department of Commerce, spent approximately $84 billion on goods and services.  VWP travelers injected nearly $231 million a day into local economies across the country.

Initial and Continuing Designation Requirements

The eligibility requirements for a country’s designation in the VWP are defined in Section 217 of the Immigration and Nationality Act as amended by the Secure Travel and Counterterrorism Partnership Act of 2007.  Pursuant to existing statute, the Secretary of Homeland Security, in consultation with the Secretary of State, may designate into the VWP a country that:

  1. Has an annual nonimmigrant visitor visa (i.e., B visa) refusal rate of less than three percent, or a lower average percentage over the previous two fiscal years;
  2. Accepts the repatriation of its citizens, former citizens, and nationals ordered removed from the United States within three weeks of the final order of removal;
  3. Enters into an agreement to report lost and stolen passport information to the United States via INTERPOL or other means designated by the Secretary;
  4. Enters into an agreement with the United States to share terrorism and serious criminal information;
  5. Issues electronic, machine-readable passports with biometric identifiers;
  6. Undergoes a DHS-led evaluation of the effects of the country’s VWP designation on the security, law enforcement, and immigration enforcement interests of the United States; and
  7. Undergoes, in conjunction with the DHS-led evaluation, an independent intelligence assessment produced by the DHS Office of Intelligence and Analysis (on behalf of the Director of National Intelligence).

 

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