CBP ISSUES VISA WAIVER PROGRAM ESTA UPDATES FOR BRUNEI AND CUBA
August 15, 2023
On July 6, 2023, U.S. Customs and Border Protection (“CBP”) announced that as of July 6, 2023, DHS updated the Electronic System for Travel Authorization (“ESTA”) application form and ESTA Mobile App to institute changes that effectively makes nationals of Visa Waiver Program (“VWP”) countries who have been present in Cuba on or after January 12, 2021, as well as dual nationals of a VWP country and Cuba, ineligible for travel to the U.S. under the VWP. As background, a law known as the “Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015,” makes nationals of VWP countries who have been in a country designated as a State Sponsor of Terrorism (“SST”) and dual nationals of both a VWP country and an SST country ineligible for travel to the U.S. under the VWP. Therefore, since Cuba was designated as an SST by the U.S. Secretary of State on January 12, 2021, any nationals present in Cuba on or after that date, or who are dual nationals of a VWP country and Cuba, are no longer eligible to travel to the U.S. under the VWP. CBP also noted that if an individual has an approved ESTA but is later found to have been present in Cuba on or after January 12, 2021, or holds dual nationality with a VWP country and Cuba, then their ESTA will be revoked based on the new changes.
One week later, on July 13, 2023, CBP issued a notice announcing that DHS, in consultation with the U.S. Department of State (“DOS”), reduced the ESTA validity period for travel by citizens and nationals of Brunei Darussalam (“Brunei”) under the VWP to the U.S. Accordingly, effective July 6, 2023, the ESTA validity period for Bruneian citizens and nationals was shortened from two years from the date of issuance to one year. The reduction of ESTA validity only affects new ESTA applications received after July 6th and does not apply to Bruneian citizens and nationals who received approved ESTA prior to the July 6th effective date.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com 202-659-6622) or Drew Derco (dderco@eckertseamans.com 202-659-6665).
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