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ELIGIBILITY Frequently Asked Questions Wednesday, December 12, 2007 Who must get a TWIC? An estimated one million individuals will be required to obtain a TWIC. This includes Coast Guard-credentialed merchant mariners, port facility employees, longshoremen, truck drivers, and others requiring unescorted access to secure areas of maritime facilities and vessels regulated by MTSA. Who can apply for a TWIC? The following individuals are eligible to apply for a TWIC per 49 CFR 1572.105:
What happens to my TWIC when my lawful nonimmigrant status expires? The applicant must report the disqualifying condition to TSA and surrender the TWIC. In addition, the TWIC becomes invalid. If the applicant is in one of the permissible visa categories and the employment for which the visa was granted ends, then one of the following needs to take place:
Will a non-U.S. citizen be able to get a TWIC? Yes. The rule includes a list of various immigration categories that are eligible to apply for a TWIC, including nationals, refugees, asylees, lawful non-immigrants with unrestricted work authorization, and certain professionals with restricted work authorization. What can disqualify me from getting a TWIC? An individual who lacks lawful presence and certain immigration status in the United States, has a connection to terrorist activity, has been determined to lack mental capacity, or was convicted of the certain crimes will be ineligible for a TWIC. What if I do not meet the qualification standards? Applicants who are denied a TWIC will be notified of the reason for denial and instructed on how to apply for an appeal or waiver. See the Waivers and Appeals section for more information. Once issued a TWIC, the applicant has the continuing obligation to inform TSA if they are no longer eligible for a TWIC. What are the disqualifying crimes? As identified in section 1572.103 of the final rule, they are: (a) Permanent disqualifying criminal offenses ("Unlimited look back"). An applicant has a permanent disqualifying offense if convicted, or found not guilty by reason of insanity, in a civilian or military jurisdiction of any of the following felonies:
Applicants can always appeal #'s 5-12 by submitting a waiver request. (b) Interim disqualifying criminal offenses. (1) The felonies listed in paragraphs (b) (2) of this section are disqualifying, if either: (i) the applicant was convicted, or found not guilty by reason of insanity, of the crime in a civilian or military jurisdiction, within seven years of the date of the application; or (ii) the applicant was incarcerated for that crime and released from incarceration within five years of the date of the TWIC application. (2) The interim disqualifying felonies are: (i) Unlawful possession, use, sale, manufacture, purchase, distribution, receipt, transfer, shipping, transporting, delivery, import, export of, or dealing in a firearm or other weapon. A firearm or other weapon includes, but is not limited to, firearms as defined in 18 U.S.C. 921(a)(3) or 26 U.S.C. 5 845(a), or items contained on the U.S. Munitions Import List at 27 CFR 447.21. (ii) Extortion. (iii) Dishonesty, fraud, or misrepresentation, including identity fraud and money laundering where the money laundering is related to a crime described in paragraphs (a) or (b) of this subsection. Welfare fraud and passing bad checks do not constitute dishonesty, fraud, or misrepresentation for purposes of this paragraph. (iv) Bribery. (v) Smuggling. (vi) Immigration violations. (vii) Distribution of, possession with intent to distribute, or importation of a controlled substance. (viii) Arson. (ix) Kidnapping or hostage taking. (x) Rape or aggravated sexual abuse. (xi) Assault with intent to kill. (xi) Robbery. (xii) Fraudulent entry into a seaport as described in 18 U.S.C. 1036, or a comparable State law. (xiii) Violations of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. 1961, et seq., or a1036, or a comparable State law, other than the violations listed in paragraph (a)(10) of this section. (xiv) Conspiracy or attempt to commit the crimes in this paragraph (b). (c) Under want, warrant, or indictment. An applicant who is wanted, or under indictment in any civilian or military jurisdiction for a felony listed in this section, is disqualified until the want or warrant is released or the indictment is dismissed. What if a conviction is "exonerated?" If a conviction is expunged or pardoned, the criminal records may reveal this. If they do not, TSA sends the applicant a letter (Initial Determination) explaining what the records show and how the applicant can correct inaccurate records. Can a person under indictment apply for a TWIC? Do they still have the appeal and waiver process available to them? An individual under indictment for a disqualifying criminal offense may not hold a TWIC until the indictment is dismissed. If the applicant has an indictment pending, the applicant could apply for a waiver; however a request for a waiver does not guarantee that a waiver will be granted. What if my initial disqualifying crime is no longer applicable? Can I reapply for a TWIC? Applicants are encouraged to reapply if their initial disqualifying offense is no longer applicable. Applicants will need to understand the nature of the initial disqualification and the corresponding look-back periods of 5 or 7 years if applicable. Reapplying can occur as long as there are no secondary disqualifying events. What should an applicant do if he/she has a disqualifying crime that was expunged from their record? The applicant should proceed with TWIC enrollment as though they do not have a disqualifying offense, as long as the record is truly expunged. Per 49 C.F.R. §1570.3, a conviction is expunged when "the conviction is removed from the individual's criminal history record and there are no legal disabilities or restrictions associated with the expunged conviction, other than the fact that the conviction may be used for sentencing purposes for subsequent convictions." However, if the applicant is a credentialed mariner or intends to apply for a mariner credential, he or she must report convictions that were expunged on their application to obtain the MMC. Failure to disclose expunged convictions could result in a determination that the application for the mariner credential is fraudulent. How will I be notified to get a TWIC? Facility and vessel owners/operators are required to inform employees of their responsibility to possess a TWIC and what parts of the facility and vessel will require a TWIC for unescorted access. The intent of this requirement is for owners/operators to determine which of their employees will need a TWIC and inform those employees in enough time for them to comply with the requirements. Owners/operators are also encouraged, but not required, to provide this same information to personnel who are not facility or vessel employees, e.g. contractors, truck drivers. Coast Guard Captains of the Port will also be working with the local Area Maritime Security Committees to communicate enrollment center locations and scheduling, as well as TWIC requirements and compliance dates. |
Message from the President- February 2011 I recently had the privilege of representing the NJMTA at a reception held at the Governor's residence Drumthwacket. We were invited due to the generosity of two of our members, Lacey's Express, Inc. and National Retail Systems, Inc. who responded to a request for tractor donations Message From President - January 2011 As I prepared to write my first article for the NJMTA membership as the acting President, my thoughts are focused on the recent tragedy that occurred in Arizona where a Congressman was seriously wounded and 6 others murdered at a political rally. I find myself asking just what is happening to our country.
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