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54029

Rules and Regulations
Federal Register Vol. 86, No. 187
Thursday, September 30, 2021

This section of the FEDERAL REGISTER
contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.

DEPARTMENT OF HOMELAND
SECURITY
8 CFR Part 217
RIN 1601AA94

Designation of Croatia for the Visa Waiver Program Office of the Secretary;
Department of Homeland Security DHS.
ACTION: Final rule; technical amendment.
AGENCY:

Eligible citizens, nationals, and passport holders from designated Visa Waiver Program countries may apply for admission to the United States at U.S. ports of entry as nonimmigrant noncitizens for a period of ninety days or less for business or pleasure without first obtaining a nonimmigrant visa, provided that they are otherwise eligible for admission under applicable statutory and regulatory requirements. On September 28, 2021, the Secretary of Homeland Security, in consultation with the Secretary of State, designated Croatia as a country that is eligible to participate in the Visa Waiver Program.
Accordingly, this rule updates the list of countries designated for participation in the Visa Waiver Program by adding Croatia.

SUMMARY:

This final rule is effective on December 1, 2021.
FOR FURTHER INFORMATION CONTACT: Eric Peters, Department of Homeland Security, Visa Waiver Program Office, 202 7905207.
SUPPLEMENTARY INFORMATION:
DATES:

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I. Background A. The Visa Waiver Program Pursuant to section 217 of the Immigration and Nationality Act INA, 8 U.S.C. 1187, the Secretary of Homeland Security the Secretary, in consultation with the Secretary of State, may designate certain countries as Visa
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Waiver Program VWP countries 1 if certain requirements are met. Those requirements include: 1 A U.S.
Government determination that the country meets the applicable statutory requirement with respect to nonimmigrant visitor visa refusals for nationals of the country; 2 a U.S.
Government determination that the country extends or agrees to extend reciprocal privileges to citizens and nationals of the United States; 3 an official certification that it issues machine-readable, electronic passports that comply with internationally accepted standards; 4 a U.S.
Government determination that the countrys designation would not negatively affect U.S. law enforcement and security interests; 5 an agreement with the United States to report, or make available through other designated means, to the U.S. Government information about the theft or loss of passports; 6 a U.S. Government determination that the government accepts for repatriation any citizen, former citizen, or national not later than three weeks after the issuance of a final executable order of removal; and 7 an agreement with the United States to share information regarding whether citizens or nationals of the country represent a threat to the security or welfare of the United States or its citizens.
The Immigration and National Act INA also sets forth requirements for continued eligibility and, where appropriate, probation and/or termination of program countries.
Prior to this final rule, the designated countries in the VWP were Andorra, Australia, Austria, Belgium, Brunei, Chile, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, the Netherlands, New Zealand, Norway, Poland, Portugal, Republic of Korea, San Marino, Singapore, Slovak Republic,
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references to country or countries in the laws authorizing the Visa Waiver Program are read to include Taiwan. See Taiwan Relations Act of 1979, Public Law 968, section 4b1 codified at 22 U.S.C. 3303b1 providing that whenever the laws of the United States refer or relate to foreign countries, nations, states, governments, or similar entities, such terms shall include and such laws shall apply with respect to Taiwan. This is consistent with the United States one-China policy, under which the United States has maintained unofficial relations with Taiwan since 1979.

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Slovenia, Spain, Sweden, Switzerland, Taiwan,2 and the United Kingdom.3 See 8 CFR 217.2a.
Citizens and eligible nationals of VWP
countries may apply for admission to the United States at U.S. ports of entry as nonimmigrant visitors for a period of ninety days or less for business or pleasure without first obtaining a nonimmigrant visa, provided that they are otherwise eligible for admission under applicable statutory and regulatory requirements. To travel to the United States under the VWP, any person who is not a citizen or national of the United States hereinafter a noncitizen must satisfy the following:
1 Be seeking admission as a nonimmigrant visitor for business or pleasure for ninety days or less;
2 be a national of a program country;
3 present a machine-readable, electronic passport issued by a designated VWP participant country to the air or vessel carrier before departure;
4 execute the required immigration forms;
5 if arriving by air or sea, arrive on an authorized carrier;
6 not represent a threat to the welfare, health, safety, or security of the United States;
7 have not violated U.S. immigration law during any previous admission under the VWP;
8 possess a round-trip ticket, unless exempted by statute or federal regulation;
9 the identity of the noncitizen has been checked to uncover any grounds on which the noncitizen may be inadmissible to the United States, and no such ground has been found;
10 certain aircraft operators, as provided by statute and regulation, must electronically transmit information about the noncitizen passenger;
11 obtain an approved travel authorization via the Electronic System for Travel Authorization ESTA. For 2 Taiwan refers only to individuals who have unrestricted right of permanent abode on Taiwan and are in possession of an electronic passport bearing a personal identification household registration number.
3 The United Kingdom refers only to British citizens who have the unrestricted right of permanent abode in the United Kingdom England, Scotland, Wales, Northern Ireland, the Channel Islands, and the Isle of Man; it does not refer to British overseas citizens, British dependent territories citizens, or citizens of British Commonwealth countries.

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