From 12 January, the USA is making the use of its new online travel authorisation system, the ESTA (Electronic System for Travel Authorisation) compulsory for the citizens of the 35 countries exempted from visas for less than 90 days (Visa Waiver Program or VWP), including 22 EU member states. Free, at least for the moment, and in 16 languages, the site ⁽¹⁾ , run by the US Department of Homeland Security (DHS), will gather personal and security information until now asked for in the plane ⁽²⁾ . Jacquelyn Aron Bednarz, the DHS’ attaché to the US Mission to the European Union, describes the system.

What does the applicant have to do?

ESTA is very simple, based on the internet, it is accessible from any computer, without a password. There is a series of questions on travel information given to the travel agency and some questions about the eligibility to visit the USA. It is an online, updated version of a paper form, which we have asked travellers under the VWP to fill out for 20 years. This takes a matter of minutes to complete.

How will the authorisation decision be made?

After a matter of moments. The response can take three different forms. In more than 99.5% of cases, ESTA is approved, out of the one million applications received to date. If it is approved, the ESTA is valid for up to two years. Second possible response, ESTA is not approved. This is not at all a common response. But if the voyager receives it, he will receive information to apply for a visa to travel to the USA. The third type of response – very rare, too: the case is pending, to give the DHS a little more time to complete it. We are very pleased that there are no pending cases as of now. Once again, an ESTA refusal does not mean that they cannot come to the USA, but that they will have to request a visa.

What differences are there with the green form given to VWP travellers until now?

ESTA is a modernisation to an internet environment. Another change is that the information is collected before the traveller arrives at the airport in the USA. It is actually helpful for him to know before buying a plane ticket whether he will have a problem in travelling. It is not a good moment at the airport, after eight hours spent crossing the ocean, to discover that there is a problem. We do not ask for more information.

Is the 12 January 2009 version definitive?

The website is available in English and 15 other languages. There may be changes in the future. But these will have to be decided. Currently, there is no proposed change to the questions. Behind the ESTA site, of course, there are legal documents. We published a regulation in June. We will publish a final regulation during 2009 with any change to the current regulation. We have accepted travellers’ comments, and we are going to evaluate them and publish a final regulation. If they lead to changes on the ESTA site, we will make them. But it is premature to discuss it.

Could ESTA charge?

In the future, that is possible. But it is a decision that will necessitate a lot of legal documents to advise people of any change to the ESTA, including the fee.

The European Commission still has to confirm that the ESTA is not a new visa.

ESTA is not a visa. It is a new requirement for travellers coming to the USA (by air or sea) under the VWP to collect information that we have been collecting for years. A visa to come to the USA has strict rules, controlling what information is collected, what type of biometric information is collected, a personal interview with a US consular official. So there are many, many differences.

What happens to the data?

The data collected under the ESTA complies with all data privacy rules in the USA. We will keep the data in active form for the two years of the ESTA’s validity, plus an additional year. After the retention period, the data will be archived. Once archived, they can only be used in the event of law enforcement purposes (police or criminal enquiries).

Will ESTA speed up the queues at immigration?

ESTA will not help everyone, only those who have a problem: they will know this before taking the plane.

⁽¹⁾  esta.cbp.dhs.gov
⁽²⁾  Have you been arrested or sentenced for an offence or crime involving moral turpitude and for a violation? Do you have a transmissible disease? Do you have mental or physical problems? Are you a drug addict or drug user? Have you carried out acts of espionage, sabotage, terrorism or genocide?