Hungary Electronic System for Travel Authorization Validity Period, 50759-50760 [2023-16412]
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50759
Rules and Regulations
Federal Register
Vol. 88, No. 147
Wednesday, August 2, 2023
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.
consultation with the Secretary of State,
may designate certain countries for
participation in the Visa Waiver
Program (VWP) if certain requirements
are met. Those requirements include,
among others:
The Code of Federal Regulations is sold by
the Superintendent of Documents.
(1) a rate of nonimmigrant visitor visa
refusals for citizens or nationals of the
country below the statutorily established
threshold;
(2) certification by the government seeking
designation for VWP participation that it
issues machine-readable passports that
comply with internationally accepted
standards;
(3) a determination by the Secretary, in
consultation with the Secretary of State, that
the country’s designation would not
negatively affect U.S. law enforcement and
security interests;
(4) an agreement to report, or make
available through INTERPOL or other
designated means authorized by the
Secretary, information about the theft or loss
of passports to the U.S. government within
the designated timeframe;
(5) the country’s government’s acceptance
for repatriation of any citizen, former citizen,
or national not later than three weeks after
the issuance of a final order of removal; and
(6) an agreement with the United States to
share information regarding whether citizens
and nationals of the country traveling to the
United States represent a threat to the
security or welfare of the United States or its
citizens.
DEPARTMENT OF HOMELAND
SECURITY
8 CFR Part 217
Hungary Electronic System for Travel
Authorization Validity Period
Office of Strategy, Policy, and
Plans; DHS.
ACTION: Announcement of ESTA
validity period.
AGENCY:
This document announces
that the U.S. Department of Homeland
Security (DHS) is reducing Hungary’s
Electronic System for Travel
Authorization (ESTA) travel
authorization validity period for travel
by citizens or nationals of Hungary
under the Visa Waiver Program (VWP)
to the United States from two years from
the date of issuance to one year and also
limiting the validity of an ESTA for
citizens or nationals of Hungary to a
single use for ESTA applications
received after the date of publication of
this document. DHS is making these
changes based on the Government of
Hungary’s inability to satisfy a number
of VWP requirements.
DATES: This announcement is effective
on August 1, 2023.
FOR FURTHER INFORMATION CONTACT:
Anjum Agarwala, Visa Waiver Program
Office, Office of Strategy, Policy, and
Plans, Department of Homeland
Security, 2707 Martin Luther King Jr
Ave. SE, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
ddrumheller on DSK120RN23PROD with RULES1
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),1 in
1 The Secretary of Homeland Security has
delegated this authority to the Under Secretary for
Strategy, Policy, and Plans pursuant to DHS
Delegation 23000, Delegation to the Under Secretary
for Strategy, Policy, and Plans, Sec. II.L.4.
VerDate Sep<11>2014
18:03 Aug 01, 2023
Jkt 259001
See INA section 217(c)(2)(A)–(F), 8
U.S.C. 1187(c)(2)(A)–(F).
The INA also sets forth requirements
for countries’ continued VWP eligibility
and, where appropriate, probation,
suspension, or termination of program
countries. See INA section 217(c)–(f), 8
U.S.C. 1187(c)–(f).
Citizens and nationals of VWP
countries may apply for admission to
the United States at U.S. ports of entry
as nonimmigrant visitors for business or
pleasure for a period of ninety days or
less without first obtaining a
nonimmigrant visa, provided they are
otherwise eligible for admission under
applicable statutory and regulatory
requirements. To travel to the United
States under the VWP, a noncitizen
must, without limitation:
(1) be seeking entry as a visitor for business
or pleasure for ninety days or less;
(2) be a citizen or national of a VWP
country;
(3) present a valid unexpired electronic
and machine-readable passport that meets
program requirements and is issued by a
designated VWP country to the air or vessel
carrier before departure;
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
(4) execute the required immigration forms;
(5) if arriving at a port of entry into the U.S.
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) not have failed to comply with the
conditions of any previous admission as a
nonimmigrant visitor;
(8) possess a round-trip transportation
ticket;
(9) obtain an approved travel authorization
via Electronic System for Travel
Authorization (ESTA);
(10) waive the right to review or appeal a
decision regarding admissibility at the port of
entry or to contest, other than on the basis
of an application for asylum, any action for
removal; and
(11) meet other program requirements.
See INA section 217(a)–(b); 8 U.S.C.
1187(a)–(b). See also 8 CFR part 217.
Hungary was designated for
participation in the VWP on November
17, 2008. See 73 FR 67711.
B. ESTA Validity Period
Typically, pursuant to DHS
regulations, a travel authorization
issued under ESTA is valid for a period
of two years from the date of issuance.
See 8 CFR 217.5(d)(1). However, the
Secretary, in consultation with the
Secretary of State, may decrease the
ESTA travel authorization validity
period for a designated VWP country.
See 8 CFR 217.5(d)(3).2 DHS publishes
notice of any changes to ESTA travel
authorization validity periods in the
Federal Register. See 8 CFR 217.5(d)(3).
II. Reduction of Hungary’s ESTA
Validity Period
DHS conducts the statutorily required
review of each VWP country at least
once every two years to evaluate the
effects that continuing the country’s
designation in the program will have on
U.S. national security, law enforcement,
and immigration enforcement interests.
See INA section 217(c)(5)(A), 8 U.S.C.
1187(c)(5)(A).
In April 2017, DHS learned that
individuals had fraudulently procured
legitimate Hungarian passports by
falsely assuming the identities of
citizens who naturalized through a
‘‘simplified process.’’ This simplified
naturalization process, created in 2011,
extends citizenship to ethnic
Hungarians living outside Hungary and
waives the standard naturalization
2 As noted above, this authority is delegated to the
Under Secretary for Strategy, Policy, and Plans.
E:\FR\FM\02AUR1.SGM
02AUR1
ddrumheller on DSK120RN23PROD with RULES1
50760
Federal Register / Vol. 88, No. 147 / Wednesday, August 2, 2023 / Rules and Regulations
requirement for an applicant to be a
Hungarian resident for five years. This
simplified process also eliminated
identity management protocols that are
conditions of the Government of
Hungary’s standard naturalization
procedure, including the collection of
fingerprints and a facial image of the
applicant. Without complete biometric
data, including an image of the recentlynaturalized citizen from the simplified
naturalization process, the Government
of Hungary’s passport application
process became susceptible to imposter
fraud. Additionally, the Government of
Hungary identified corrupt officials who
sold Hungarian passports.
In October 2017, the Secretary
notified the Government of Hungary by
letter that it had been placed on
provisional VWP status (pursuant to
which Hungary is subject to an annual
assessment, rather than an assessment
every two years) due to its
noncooperation with earlier U.S.
Government requests for information
and collaboration in the investigation of
passport fraud. The letter outlined steps
necessary for Hungary to return to
normalized status as a participating
country in the VWP.
Despite engagement by U.S.
ambassadors and DHS up to the
Secretary level since 2017, the
Government of Hungary has made only
limited progress in addressing
vulnerabilities created by its
‘‘simplified’’ naturalization process. Its
failure to address the large volume of
identities that continue to be at risk of
being exploited for mala fide purposes
and its lack of investigative cooperation
with U.S. law enforcement presents an
elevated level of risk to the national
security, law enforcement, and
immigration enforcement interests of
the United States.
DHS is publishing this document
announcing that effective August 1,
2023, DHS is decreasing Hungary’s
ESTA validity period for travel to the
United States from two years from the
date of issuance to one year and limiting
the validity of an ESTA for citizens or
nationals of Hungary to a single use for
ESTA applications received after the
effective date of this document. This
will have the dual effect of (1) sending
a public signal regarding Hungary’s noncompliance with VWP requirements,
and (2) in the case of those with regular
travel to the United States, creating an
opportunity to obtain updated
application and travel history
information of Hungarian VWP travelers
for vetting purposes. This is necessary
due to Hungary’s inability to fully
satisfy its obligations under the VWP.
Should Hungary’s non-compliance with
VerDate Sep<11>2014
18:03 Aug 01, 2023
Jkt 259001
VWP requirements continue, DHS, in
consultation with State, may make
further adjustments to Hungary’s VWP
designation at any time, including
suspension or termination from the
program.
Robert Silvers,
Under Secretary for Strategy, Policy, and
Plans Department of Homeland Security.
[FR Doc. 2023–16412 Filed 8–1–23; 8:45 am]
BILLING CODE P
FEDERAL RESERVE SYSTEM
12 CFR Part 201
[Docket No. R–1811; RIN 7100 AG62]
Regulation A: Extensions of Credit by
Federal Reserve Banks
Board of Governors of the
Federal Reserve System.
ACTION: Final rule.
AGENCY:
The Board of Governors of the
Federal Reserve System (‘‘Board’’) has
adopted final amendments to its
Regulation A to reflect the Board’s
approval of an increase in the rate for
primary credit at each Federal Reserve
Bank. The secondary credit rate at each
Reserve Bank automatically increased
by formula as a result of the Board’s
primary credit rate action.
DATES: Effective date: This rule is
effective August 2, 2023.
Applicability date: The rate changes
for primary and secondary credit were
applicable on July 27, 2023.
FOR FURTHER INFORMATION CONTACT: M.
Benjamin Snodgrass, Senior Counsel
(202–263–4877), Legal Division, or
Kristen Payne, Lead Financial
Institution & Policy Analyst (202–452–
2872), Division of Monetary Affairs; for
users of telephone systems via text
telephone (TTY) or any TTY-based
Telecommunications Relay Services,
please call 711 from any telephone,
anywhere in the United States; Board of
Governors of the Federal Reserve
System, 20th and C Streets NW,
Washington, DC 20551.
SUPPLEMENTARY INFORMATION: The
Federal Reserve Banks make primary
and secondary credit available to
depository institutions as a backup
source of funding on a short-term basis,
usually overnight. The primary and
secondary credit rates are the interest
rates that the twelve Federal Reserve
Banks charge for extensions of credit
under these programs. In accordance
with the Federal Reserve Act, the
primary and secondary credit rates are
established by the boards of directors of
SUMMARY:
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
the Federal Reserve Banks, subject to
review and determination of the Board.
On July 26, 2023, the Board voted to
approve a 0.25 percentage point
increase in the primary credit rate,
thereby increasing the primary credit
rate from 5.25 percent to 5.5 percent. In
addition, the Board had previously
approved the renewal of the secondary
credit rate formula, the primary credit
rate plus 50 basis points. Under the
formula, the secondary credit rate
increased by 0.25 percentage points as
a result of the Board’s primary credit
rate action, thereby increasing the
secondary credit rate from 5.75 percent
to 6.0 percent. The amendments to
Regulation A reflect these rate changes.
The 0.25 percentage point increase in
the primary credit rate was associated
with 0.25 percentage point increase in
the target range for the Federal funds
rate (from a target range of 5 percent to
51⁄4 percent to a target range of 51⁄4
percent to 51⁄2 percent) announced by
the Federal Open Market Committee on
July 26, 2023, as described in the
Board’s amendment of its Regulation D
published elsewhere in this issue of the
Federal Register.
Administrative Procedure Act
In general, the Administrative
Procedure Act (‘‘APA’’) 1 imposes three
principal requirements when an agency
promulgates legislative rules (rules
made pursuant to Congressionallydelegated authority): (1) publication
with adequate notice of a proposed rule;
(2) followed by a meaningful
opportunity for the public to comment
on the rule’s content; and (3)
publication of the final rule not less
than 30 days before its effective date.
The APA provides that notice and
comment procedures do not apply if the
agency for good cause finds them to be
‘‘unnecessary, impracticable, or contrary
to the public interest.’’ 2 Section 553(d)
of the APA also provides that
publication at least 30 days prior to a
rule’s effective date is not required for
(1) a substantive rule which grants or
recognizes an exemption or relieves a
restriction; (2) interpretive rules and
statements of policy; or (3) a rule for
which the agency finds good cause for
shortened notice and publishes its
reasoning with the rule.3 The APA
further provides that the notice, public
comment, and delayed effective date
requirements of 5 U.S.C. 553 do not
apply ‘‘to the extent that there is
involved . . . a matter relating to agency
management or personnel or to public
15
U.S.C. 551 et seq.
U.S.C. 553(b)(3)(A).
3 5 U.S.C. 553(d).
25
E:\FR\FM\02AUR1.SGM
02AUR1
]]>Agencies
[Federal Register Volume 88, Number 147 (Wednesday, August 2, 2023)]
[Rules and Regulations]
[Pages 50759-50760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16412]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
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.
========================================================================
Federal Register / Vol. 88 , No. 147 / Wednesday, August 2, 2023 /
Rules and Regulations
[[Page 50759]]
DEPARTMENT OF HOMELAND SECURITY
8 CFR Part 217
Hungary Electronic System for Travel Authorization Validity
Period
AGENCY: Office of Strategy, Policy, and Plans; DHS.
ACTION: Announcement of ESTA validity period.
-----------------------------------------------------------------------
SUMMARY: This document announces that the U.S. Department of Homeland
Security (DHS) is reducing Hungary's Electronic System for Travel
Authorization (ESTA) travel authorization validity period for travel by
citizens or nationals of Hungary under the Visa Waiver Program (VWP) to
the United States from two years from the date of issuance to one year
and also limiting the validity of an ESTA for citizens or nationals of
Hungary to a single use for ESTA applications received after the date
of publication of this document. DHS is making these changes based on
the Government of Hungary's inability to satisfy a number of VWP
requirements.
DATES: This announcement is effective on August 1, 2023.
FOR FURTHER INFORMATION CONTACT: Anjum Agarwala, Visa Waiver Program
Office, Office of Strategy, Policy, and Plans, Department of Homeland
Security, 2707 Martin Luther King Jr Ave. SE, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
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),\1\ in consultation with the Secretary of State, may
designate certain countries for participation in the Visa Waiver
Program (VWP) if certain requirements are met. Those requirements
include, among others:
---------------------------------------------------------------------------
\1\ The Secretary of Homeland Security has delegated this
authority to the Under Secretary for Strategy, Policy, and Plans
pursuant to DHS Delegation 23000, Delegation to the Under Secretary
for Strategy, Policy, and Plans, Sec. II.L.4.
(1) a rate of nonimmigrant visitor visa refusals for citizens or
nationals of the country below the statutorily established
threshold;
(2) certification by the government seeking designation for VWP
participation that it issues machine-readable passports that comply
with internationally accepted standards;
(3) a determination by the Secretary, in consultation with the
Secretary of State, that the country's designation would not
negatively affect U.S. law enforcement and security interests;
(4) an agreement to report, or make available through INTERPOL
or other designated means authorized by the Secretary, information
about the theft or loss of passports to the U.S. government within
the designated timeframe;
(5) the country's government's acceptance for repatriation of
any citizen, former citizen, or national not later than three weeks
after the issuance of a final order of removal; and
(6) an agreement with the United States to share information
regarding whether citizens and nationals of the country traveling to
the United States represent a threat to the security or welfare of
the United States or its citizens.
See INA section 217(c)(2)(A)-(F), 8 U.S.C. 1187(c)(2)(A)-(F).
The INA also sets forth requirements for countries' continued VWP
eligibility and, where appropriate, probation, suspension, or
termination of program countries. See INA section 217(c)-(f), 8 U.S.C.
1187(c)-(f).
Citizens and nationals of VWP countries may apply for admission to
the United States at U.S. ports of entry as nonimmigrant visitors for
business or pleasure for a period of ninety days or less without first
obtaining a nonimmigrant visa, provided they are otherwise eligible for
admission under applicable statutory and regulatory requirements. To
travel to the United States under the VWP, a noncitizen must, without
limitation:
(1) be seeking entry as a visitor for business or pleasure for
ninety days or less;
(2) be a citizen or national of a VWP country;
(3) present a valid unexpired electronic and machine-readable
passport that meets program requirements and is issued by a
designated VWP country to the air or vessel carrier before
departure;
(4) execute the required immigration forms;
(5) if arriving at a port of entry into the U.S. 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) not have failed to comply with the conditions of any
previous admission as a nonimmigrant visitor;
(8) possess a round-trip transportation ticket;
(9) obtain an approved travel authorization via Electronic
System for Travel Authorization (ESTA);
(10) waive the right to review or appeal a decision regarding
admissibility at the port of entry or to contest, other than on the
basis of an application for asylum, any action for removal; and
(11) meet other program requirements.
See INA section 217(a)-(b); 8 U.S.C. 1187(a)-(b). See also 8 CFR part
217.
Hungary was designated for participation in the VWP on November 17,
2008. See 73 FR 67711.
B. ESTA Validity Period
Typically, pursuant to DHS regulations, a travel authorization
issued under ESTA is valid for a period of two years from the date of
issuance. See 8 CFR 217.5(d)(1). However, the Secretary, in
consultation with the Secretary of State, may decrease the ESTA travel
authorization validity period for a designated VWP country. See 8 CFR
217.5(d)(3).\2\ DHS publishes notice of any changes to ESTA travel
authorization validity periods in the Federal Register. See 8 CFR
217.5(d)(3).
---------------------------------------------------------------------------
\2\ As noted above, this authority is delegated to the Under
Secretary for Strategy, Policy, and Plans.
---------------------------------------------------------------------------
II. Reduction of Hungary's ESTA Validity Period
DHS conducts the statutorily required review of each VWP country at
least once every two years to evaluate the effects that continuing the
country's designation in the program will have on U.S. national
security, law enforcement, and immigration enforcement interests. See
INA section 217(c)(5)(A), 8 U.S.C. 1187(c)(5)(A).
In April 2017, DHS learned that individuals had fraudulently
procured legitimate Hungarian passports by falsely assuming the
identities of citizens who naturalized through a ``simplified
process.'' This simplified naturalization process, created in 2011,
extends citizenship to ethnic Hungarians living outside Hungary and
waives the standard naturalization
[[Page 50760]]
requirement for an applicant to be a Hungarian resident for five years.
This simplified process also eliminated identity management protocols
that are conditions of the Government of Hungary's standard
naturalization procedure, including the collection of fingerprints and
a facial image of the applicant. Without complete biometric data,
including an image of the recently-naturalized citizen from the
simplified naturalization process, the Government of Hungary's passport
application process became susceptible to imposter fraud. Additionally,
the Government of Hungary identified corrupt officials who sold
Hungarian passports.
In October 2017, the Secretary notified the Government of Hungary
by letter that it had been placed on provisional VWP status (pursuant
to which Hungary is subject to an annual assessment, rather than an
assessment every two years) due to its noncooperation with earlier U.S.
Government requests for information and collaboration in the
investigation of passport fraud. The letter outlined steps necessary
for Hungary to return to normalized status as a participating country
in the VWP.
Despite engagement by U.S. ambassadors and DHS up to the Secretary
level since 2017, the Government of Hungary has made only limited
progress in addressing vulnerabilities created by its ``simplified''
naturalization process. Its failure to address the large volume of
identities that continue to be at risk of being exploited for mala fide
purposes and its lack of investigative cooperation with U.S. law
enforcement presents an elevated level of risk to the national
security, law enforcement, and immigration enforcement interests of the
United States.
DHS is publishing this document announcing that effective August 1,
2023, DHS is decreasing Hungary's ESTA validity period for travel to
the United States from two years from the date of issuance to one year
and limiting the validity of an ESTA for citizens or nationals of
Hungary to a single use for ESTA applications received after the
effective date of this document. This will have the dual effect of (1)
sending a public signal regarding Hungary's non-compliance with VWP
requirements, and (2) in the case of those with regular travel to the
United States, creating an opportunity to obtain updated application
and travel history information of Hungarian VWP travelers for vetting
purposes. This is necessary due to Hungary's inability to fully satisfy
its obligations under the VWP. Should Hungary's non-compliance with VWP
requirements continue, DHS, in consultation with State, may make
further adjustments to Hungary's VWP designation at any time, including
suspension or termination from the program.
Robert Silvers,
Under Secretary for Strategy, Policy, and Plans Department of Homeland
Security.
[FR Doc. 2023-16412 Filed 8-1-23; 8:45 am]
BILLING CODE P
