August 4, 2003

International In-Transit Programs Temporarily Suspended

Recent intelligence reports indicate that terrorist groups have been planning to utilize special international in-transit programs to enter the U.S. or use U.S. airspace. As a result of these reports, the Department of Homeland Security and the U.S. Department of State suspended the Transit Without Visa Program (“TWOV”) and the International-to-International Transit Program (“ITI”) on August 2, 2003. Both programs enabled certain international air passengers to travel through the United States for transit purposes without first obtaining a visa. All airlines have been instructed to no longer allow passengers to utilize these programs (please see exceptions below). It is anticipated that the programs will be reinstated after additional security measures can be implemented. During the next 60 days the public has the opportunity to submit comments on possible actions to be taken to secure the transit programs. After reviewing the public’s responses, both Departments will re-assess the suspension of the transit programs.

To accommodate travelers with immediate travel plans, the Department of Labor has made three exceptions to the suspension of the TWOV and ITI:

1. TWOV or ITI passengers in flight at the time the regulation goes into effect will be allowed to continue in transit and depart the U. S. subject to inspection and an evaluation of risk.
2. Travelers who purchased their tickets as TWOV or ITI passengers on or before July 24, 2003, and who are scheduled to depart for transit through the U.S. before 12:01 a.m., Tuesday, August 5, 2003, need not obtain a visa to transit the U.S. For any flights scheduled to depart after 12:01 a.m. August 5 that include a stop in the U.S, however, these travelers must now either obtain a visa or change their travel itinerary to exclude a stop in the U.S.
3. If a person has already traveled through the U.S. as a TWOV or ITI passenger on the first leg of their trip, and uses the return portion of their round trip ticket before 11:00 a.m., August 9, 2003, they will be permitted to make a stop in the U.S. without a visa on the return portion of their trip. They will be processed by U.S. Customs and Border Protection inspectors upon arrival in the United States. If they plan to transit the U.S. after that date and time, however, they must either obtain a visa or change their return itinerary to exclude a stop in the U.S.