Legal Overview on Israel’s new Electronic Travel Authorization System

Israel’s new Electronic Travel Authorization System

Israel is implementing a new Electronic Travel Authorization (ETA-IL) system, set to affect all visa-exempt travelers entering the country for tourism, business, or short-term non-work purposes. The system, which closely mirrors those already in place in the U.S., Canada, and Australia, represents a significant shift in how Israel manages its borders, particularly in terms of pre-arrival screening for security and immigration control. This article explores the ETA-IL system, its requirements, the pilot phase, application process, validity, and implications for various travelers, particularly those involved in business aviation operations.

The ETA-IL system, officially named "Marom ETA-IL," was announced by the Israeli Ministry of Interior as part of a broader effort to enhance national security and streamline immigration procedures. It introduces a pre-approval process for visitors from visa-exempt countries, ensuring that travelers meet the necessary security and immigration requirements before they arrive.

The system is expected to officially become mandatory starting in January 2025. However, a pilot phase will begin on June 1, 2024, with a full rollout for all eligible visa-exempt nationals starting on July 1, 2024.

To be eligible for the ETA-IL, travelers must possess a valid passport from one of the countries Israel has designated as visa-exempt. Israeli citizens and those who hold an Israeli identity number are exempt from applying for this authorization. The ETA-IL system is specifically designed for non-work purposes, such as tourism, business visits, or other short-term stays. For business aviation operators, this distinction is critical, as passengers traveling to Israel for work will still need to apply for the appropriate visas outside the ETA-IL system.

During the pilot phase, only U.S. and German passport holders will be eligible to voluntarily apply for the ETA-IL, allowing Israel to test the system and gather feedback. After July 1, 2024, the system will extend to all visa-exempt travelers.

An approved ETA-IL is valid for multiple entries and allows travelers to stay in Israel for up to 90 days per visit. The authorization itself remains valid for up to two years or until the associated passport expires, whichever comes first. It is important to note that the Israeli authorities retain the discretion to revoke an ETA-IL authorization for immigration or security reasons.

For frequent travelers, such as business aviation passengers, this extended validity period provides a streamlined solution for managing multiple entries without the need for reapplication after each visit. However, any change in personal information, such as passport renewal, name, gender, or citizenship, will require reapplication.

The ETA-IL system will launch its pilot phase on June 1, 2024. During this time, U.S. and German passport holders will have the option to apply voluntarily for the authorization at no cost. This six-month pilot period, lasting until December 31, 2024, is intended to test the system's functionality and to address any technical or procedural issues before the system becomes mandatory.

From July 2024 onward, the system will be expanded to include travelers from all visa-exempt countries, still on a voluntary and free basis until the end of the year. Business aviation operators are encouraged to familiarize themselves with the system during this phase to avoid potential operational disruptions once the system becomes compulsory.

Application Process and Timeline

The ETA-IL application process is relatively straightforward and mirrors the electronic travel systems used by other countries. Here are the key steps involved:

• Online Submission

Travelers must complete an application online via the designated ETA-IL portal. The application should be submitted at least 72 hours before departure to ensure adequate processing time.

• Immediate Response

In most cases, applicants will receive an immediate decision upon submission. The approval or denial will be communicated via email, and the approval will be electronically linked to the traveler's passport.

• Service Fee

 While the pilot phase is fee-exempt, after the pilot ends in December 2024, a nominal service fee of approximately NIS 25 (around USD 7) will apply. This fee is comparable to similar electronic authorization systems worldwide.

• Denied Applications

If an application is denied, the applicant will not be able to simply resubmit. Instead, they will need to contact a designated service center for further assistance. The service center will provide an opportunity to review and correct any mistakes in the application or to appeal the decision.

• No Guarantee of Entry

An important caveat of the ETA-IL system is that receiving approval does not guarantee entry into Israel. Border officials will continue to have final discretion, meaning travelers may still be denied entry if concerns arise at the point of entry.

Security and Immigration Control

The primary objective of the ETA-IL system is to enhance Israeli national security by allowing authorities to pre-screen travelers before they board their flights. By conducting advance screening, Israeli immigration can identify individuals who may pose security or immigration risks, reducing the likelihood of on-the-spot refusals at border entry points.

For business travelers, particularly those flying on private jets or using business aviation services, this system ensures that any potential issues are addressed well in advance of departure, minimizing disruptions to travel plans. Business aviation operators should take proactive steps to ensure that all passengers have obtained the necessary ETA-IL authorization before departure, as failure to do so could result in delays or denial of entry.

Impact on Business Aviation Operations

The introduction of the ETA-IL system presents several implications for business aviation operators, who must integrate these new requirements into their operational procedures to avoid disruptions. Key areas of concern include:

• Pre-departure Screening

Operators will need to verify that all passengers from visa-exempt countries have obtained an ETA-IL before departure. This may require adjustments to current pre-flight documentation checks and internal protocols.

• Handling Denials

If a passenger's ETA-IL application is flagged or denied, operators should be prepared to assist with rebooking flights or making alternative arrangements. In some cases, denied passengers may need to apply for a visa at the Israeli embassy in their country of residence, which could cause significant delays.

• Monitoring Changes

Business aviation operators should closely track any changes in a passenger's personal information, such as passport renewal or changes in citizenship, as these will require a new ETA-IL application. Failure to monitor these changes could result in travel disruptions.

• Fee Management

Once the fee is introduced in 2025, operators may also need to manage the cost of ETA-IL applications as part of their service fees, particularly for clients who rely on them to handle travel logistics.

Challenges and Considerations

While the ETA-IL system is expected to streamline the travel process for visa-exempt travelers, there are several challenges that travelers and operators must consider:

• Border Discretion

 As mentioned, approval through the ETA-IL system does not guarantee entry into Israel. Border officials will retain the authority to refuse entry if necessary, so travelers should be prepared for the possibility of additional questioning upon arrival.

• Changes in Security Landscape

The system’s security focus means that changes in the global or regional security environment could result in more stringent enforcement or adjustments to the criteria for approval. Business travelers, in particular, should stay informed about any such changes.

• Technical Issues During the Pilot Phase

As with any new system, technical glitches or procedural misunderstandings may arise during the pilot phase. Travelers should ensure that they apply well in advance of their travel dates to avoid any unexpected delays.

Conclusion

The introduction of Israel's ETA-IL system marks a significant change in the country’s border management for visa-exempt travelers. While the system is designed to enhance security and streamline immigration processes, it also introduces new compliance requirements that both individual travelers and business aviation operators must understand and integrate into their travel planning.

For operators, the key to success will lie in proactively adapting to the new procedures, educating clients, and ensuring all necessary documentation is in place well before departure. By staying informed and ahead of the changes, business aviation operators can maintain smooth and compliant travel operations to Israel while minimizing the risk of disruptions.