Finance, Credit, Investments – Economical Categories

Scientific works in the theories of finances and credit, according to the specification of the research object, are characterized to be many-sided and many-leveled.

The definition of totality of the economical relations formed in the process of formation, distribution and usage of finances, as money sources is widely spread. For example, in “the general theory of finances” there are two definitions of finances:

1) “…Finances reflect economical relations, formation of the funds of money sources, in the process of distribution and redistribution of national receipts according to the distribution and usage”. This definition is given relatively to the conditions of Capitalism, when cash-commodity relations gain universal character;

2) “Finances represent the formation of centralized ad decentralized money sources, economical relations relatively with the distribution and usage, which serve for fulfillment of the state functions and obligations and also provision of the conditions of the widened further production”. This definition is brought without showing the environment of its action. We share partly such explanation of finances and think expedient to make some specification.

First, finances overcome the bounds of distribution and redistribution service of the national income, though it is a basic foundation of finances. Also, formation and usage of the depreciation fund which is the part of financial domain, belongs not to the distribution and redistribution of the national income (of newly formed value during a year), but to the distribution of already developed value.

This latest first appears to be a part of value of main industrial funds, later it is moved to the cost price of a ready product (that is to the value too) and after its realization, and it is set the depression fund. Its source is taken into account before hand as a depression kind in the consistence of the ready products cost price.

Second, main goal of finances is much wider then “fulfillment of the state functions and obligations and provision of conditions for the widened further production”. Finances exist on the state level and also on the manufactures and branches’ level too, and in such conditions, when the most part of the manufactures are not state.

V. M. Rodionova has a different position about this subject: “real formation of the financial resources begins on the stage of distribution, when the value is realized and concrete economical forms of the realized value are separated from the consistence of the profit”. V. M. Rodionova makes an accent of finances, as distributing relations, when D. S. Moliakov underlines industrial foundation of finances. Though both of them give quite substantiate discussion of finances, as a system of formation, distribution and usage of the funds of money sources, that comes out of the following definition of the finances: “financial cash relations, which forms in the process of distribution and redistribution of the partial value of the national wealth and total social product, is related with the subjects of the economy and formation and usage of the state cash incomes and savings in the widened further production, in the material stimulation of the workers for satisfaction of the society social and other requests”.

In the manuals of the political economy we meet with the following definitions of finances:
“Finances of the socialistic state represent economical (cash) relations, with the help of which, in the way of planned distribution of the incomes and savings the funds of money sources of the state and socialistic manufactures are formed for guaranteeing the growth of the production, rising the material and cultural level of the people and for satisfying other general society requests”.
“The system of creation and usage of necessary funds of cash resources for guarantying socialistic widened further production represent exactly the finances of the socialistic society. And the totality of economical relations arisen between state, manufactures and organizations, branches, regions and separate citizen according to the movement of cash funds make financial relations”.
As we’ve seen, definitions of finances made by financiers and political economists do not differ greatly.
In every discussed position there are:

1) expression of essence and phenomenon in the definition of finances;

2) the definition of finances, as the system of the creation and usage of funds of cash sources on the level of phenomenon.

3) Distribution of finances as social product and the value of national income, definition of the distributions planned character, main goals of the economy and economical relations, for servicing of which it is used.

If refuse the preposition “socialistic” in the definition of finances, we may say, that it still keeps actuality. We meet with such traditional definitions of finances, without an adjective “socialistic”, in the modern economical literature. We may give such an elucidation: “finances represent cash resources of production and usage, also cash relations appeared in the process of distributing values of formed economical product and national wealth for formation and further production of the cash incomes and savings of the economical subjects and state, rewarding of the workers and satisfaction of the social requests”. in this elucidation of finances like D. S. Moliakov and V. M. Rodionov’s definitions, following the traditional inheritance, we meet with the widening of the financial foundation. They concern “distribution and redistribution of the value of created economical product, also the partial distribution of the value of national wealth”. This latest is very actual, relatively to the process of privatization and the transition to privacy and is periodically used in practice in different countries, for example, Great Britain and France.

“Finances – are cash sources, financial resources, their creation and movement, distribution and redistribution, usage, also economical relations, which are conditioned by intercalculations between the economical subjects, movement of cash sources, money circulation and usage”.
“Finances are the system of economical relations, which are connected with firm creation, distribution and usage of financial resources”.

We meet with absolutely innovational definitions of finances in Z. Body and R. Merton’s basis manuals. “Finance – it is the science about how the people lead spending `the deficit cash resources and incomes in the definite period of time. The financial decisions are characterized by the expenses and incomes which are 1) separated in time, and 2) as a rule, it is impossible to take them into account beforehand neither by those who get decisions nor any other person” . “Financial theory consists of numbers of the conceptions… which learns systematically the subjects of distribution of the cash resources relatively to the time factor; it also considers quantitative models, with the help of which the estimation, putting into practice and realization of the alternative variants of every financial decisions take place” .

These basic conceptions and quantitative models are used at every level of getting financial decisions, but in the latest definition of finances, we meet with the following doctrine of the financial foundation: main function of the finances is in the satisfaction of the people’s requests; the subjects of economical activities of any kind (firms, also state organs of every level) are directed towards fulfilling this basic function.

For the goals of our monograph, it is important to compare well-known definitions about finances, credit and investment, to decide how and how much it is possible to integrate the finances, investments and credit into the one total part.

Some researcher thing that credit is the consisting part of finances, if it is discussed from the position of essence and category. The other, more numerous group proves, that an economical category of credit exists parallel to the economical category of finances, by which it underlines impossibility of the credit’s existence in the consistence of finances.

N. K. Kuchukova underlined the independence of the category of credit and notes that it is only its “characteristic feature the turned movement of the value, which is not related with transmission of the loan opportunities together with the owners’ rights”.

N. D. Barkovski replies that functioning of money created an economical basis for apportioning finances and credit as an independent category and gave rise to the credit and financial relations. He noticed the Gnoseological roots of science in money and credit, as the science about finances has business with the research of such economical relations, which lean upon cash flow and credit.
Let’s discuss the most spread definitions of credit. in the modern publications credit appeared to be “luckier”, then finances. For example, we meet with the following definition of credit in the finance-economical dictionary: “credit is the loan in the form of cash and commodity with the conditions of returning, usually, by paying percent. Credit represents a form of movement of the loan capital and expresses economical relations between the creditor and borrower”.

This is the traditional definition of credit. In the earlier dictionary of the economy we read: “credit is the system of economical relations, which is formed while the transmission of cash and material means into the temporal usage, as a rule under the conditions of returning and paying percent”.
In the manual of the political economy published under reduction of V. A. Medvedev the following definition is given: “credit, as an economical category, expresses the created relations between the society, labour collective and workers during formation and usage of the loan funds, under the terms of paying present and returning, during transmission of sources for the temporal usage and accumulation”.

Credit is discussed in the following way in the earlier education-methodological manuals of political economy: “credit is the system of money relations, which is created in the process of using and mobilization of temporarily free cash means of the state budget, unions, manufactures, organizations and population. Credit has an objective character. It is used for providing widened further production of the state and other needs. Credit differs from finances by the returning character, while financing of manufactures and organizations by the state is fulfilled without this condition”.

We meet with the following definition if “the course of economy”: “credit is an economical category, which represents relations, while the separate industrial organizations or persons transmit money means to each-other for temporal usage under the conditions of returning. Creation of credit is conditioned by a historical process of fulfilling the economical and money relations, the form of which is the money relation”.

Following scientists give slightly different definitions of credit:
“Credit – is a loan in the form of money or commodity, which is given to the borrower by a creditor under the conditions of returning and paying the percentage rate by the borrower”.
Credit is giving the temporally free money sources or commodity as a debt for the defined terms by the price of fixed percentage. Thus, a credit is the loan in the form of money or commodity. In the process of this loan’s movement, a definite relations are formed between a creditor (the loan is given by a juridical of physical person, who gives certain cash as a debt) and the debtor.
Combining every definition named above, we come to an idea, that credit is giving money capital of commodity as a debt, for certain terms and material provision under the price of firm percentage rate. It expresses definite economical relations between the participants of the process of capital formation. Necessity of the credit relations is conditioned, from one side, by gathering solid quantity of temporarily free money sources, and from the second side, existence of requests of them.

Though, at the same time we must distinguish two resembling concepts: loan and credit. Loan is characterized by:

o Here, the discussion may touch upon transmission of money and also things form one side (loaner) to another (borrower): a)under the owning of the borrower and, at the same time, b) under the conditions of returning same amount or same quantity and quality of the things;

o The loaning of money may bear no interest;

o Any person may take part in it.
With the difference with loan, credit, which is somehow a private occasion of the loan, represents:

o One side (loaner) gives to the second one (borrower) only money, and _ for temporal usage;

o It may not bear no interest (if the assignment doesn’t foresee something);

o In it creditor is not any person, but a credit organization (at the first place, banks).
So, a credit is the bank credit. To our mind, it is not correct to use “credit” and “loan” as the synonyms.
Banking crediting is the union of relations between bank (as a creditor) and its borrower. These relations touch upon:

a) Giving a certain amount of money to the borrower for definite purpose (though, we meet with the so-called free credits, aims and objects of crediting are not appointed in the assignment);

b) Its opportune returning;

c) Getting percentage rate from the borrower for using the sources under his/her disposal.
The essential foundation of the credit essence and its important element is existence of trust between the two sides (in Latin “credo”, from which comes the word “credit”, means “trust”).
From the position of circulation of money forms (in the abstraction, historical process of formation economical relations and social budget and banking systems expressed by them) comparing different definitions of finances and credit, the paradox conclusion appears: credit is the private occasion of finances. And truly, from the position of movement of the money forms, finances represent the process of formation and usage of the funds of cash means. Very often such movements are fulfilled without returning, but sometimes, it is possible to give loans from the budget for the investment projects of other needs. Also, when a manufacture or corporations use their cash funds and we mean the finances of industrial subject, such usage may be realized as inside the manufacture or corporation (there is no subject about returning or not returning of the usage), so gratis under conditions of returning. This latest is called commercial form because of transmitting the sources to others, but even in this occasion, it is the element of financial system of the manufacture and corporation.

From the point of cash means movement, main character of credit is the process of formation and usage of the funds of cash means under the conditions of returning and, as a rule, taking the value-percentage. If gating the credit value doesn’t take place (even in the exceptional occasions), according to the movement form, credit becomes a private occasion of finances, as from the net financial funds (consequently from the state budget) the loans which bear no interests may be used. If gating credit value takes place, by the appearance form, credit is discussed to be financial modification.

From the historical point of view, finances (especially in the sort of the state budget) and credit (beginning with usury, later commercial and banking) were developing differently for considering credit to be the part of finances. Though, from the genetic-historical point of view, previous loaners, before giving loan, needed gathering the permanent capital not returning, that is the net financial foundation. The banks analogously needed concentration of the important own capital for influxing the consumers’ means and for getting higher percentage rate under the conditions of returning. Herewith, exactly on the financial basis, in the sort of financial fund (which later partially becomes loan fund) part of the bank capital appears to be the reservation (insurance) part of the fund, which by nature is financial and not loan. So notwithstanding the essential distinctions between finances and credit form the genetic-historical point of view, credit appears to be formed from finances and represent their modification.

From the essential position of expressing economical relations of finances and credit, we meet with cardinal distinctions between these two categories. Which mostly expressed by the distinction of the movement forms notwithstanding they are returnable or not. Finances express relations in the aspects of distribution and redistribution of social product and part of the national wealth. Credit expresses distribution of the appropriate value only in the section of percentage given for loan, while according to the loan itself, a only a temporal distribution of money sources takes place.
Herewith, there is a lot of common between the finances and credit as from the essential point of view, so according to the form of movement. At the same time, there is a significant distinction between finances and credit as in the essence, so in the form too. According to this, there must be a kind of generally economical category, which will consider finances and credit as a total unity, and in the bounds of this category itself, the separation of the specific essence of the finances and credit would take place.

Funding of the cash means is common to the researched economical categories. It takes place in any separate system of finances and credit, which have been touched upon during the analyses of defining finances and credit. Word combination “funding of the cash sources (fund formation)” reflects and defines exactly essence and form of economical category of more general character, those of finances and credit categories. Though in the in economical texts and practice, it is very uncomfortable to use a termini, which consists of three words. Also, “unloading” with an information hardens greatly its influxing into the circulation even in the conditions of its strict substantiation and thoroughness.
In the discussing context we consider:

1) wide and narrow understanding of economical category of the finances;

2) discussing finances in narrow understanding under general traditional meaning;

3) discussing finances, as funding of the cash means, in wide understanding, which concerns finances – in narrow meaning and credit – in complete meaning.
Termini “funding” and its equivalent “fund formation” are used by us as the purposeful structuring of cash means, which is based on two poles – accumulation of money sources (gathering) and its usage for definite purpose in the way of financing and crediting.
We have established a new termini – “finance-investment sphere” (FIS). Analyses about interrelation of finances and credit made by us give us an opportunity of proving, that in the given termini, the word “financial” is used with the meaning of funding cash sources, its purposeful structuring. In this process we consider at the same time financial, credit and investments’ economical categories.

Let’s sum up middle results of discussing new concept – “finance-investment sphere” and discuss its investment consisting parts.

The concept “investments” was brought into the native economical science from the West. In the Soviet economical science they for a long time used in the place “investments” the termini “capital placement”, which expressed the usage of the industrial factors in the sphere of real industrial activities during realization of capital projects. From one glance, this termini in its concept is identical to the “investments”, consequently it is possible to use them as synonyms. Though the termini “investments” and “investing” have the advantage towards the termini “capital placement” from linguistic and philological points of view, because they are expressed with one word. This is not only economical and comfortable in the process of working with the termini “investment” itself, but also it gives an opportunity of termini formation. More concretely: “investment process”, “investment domain”, “finance-investment sphere” – all these termini are much more acceptable.
Changing native economical termini with foreign ones is purposeful, if it really matters (by keeping parallel usage of the native termini for the inheritance). Though we must not change native economical termini into foreign ones all together, when by ordinal traditional language easy to explain private and narrow concrete processes and elements get their own termini. The “movement” of these termini is approved in the narrow professional bounds, but their “spitting out” into the economical science may turn economical language into the tangled slang.

Let’s discuss termini – “investment” and “capital placement’s” usage in the economical literature.
Investments are placement of funds into the main and circulation capital for the purpose of getting profit. “Investments in material assets – are the placements of funds into the mobile and real estate (land, buildings, furniture and so on). Investments in financial assets are the placements of funds into the securities bank accounts and other financial instruments”.

We don’t meet with the termini “investments” in the earlier economical dictionary, but we meet the combined termini “investment policy” – the union of the industrial decisions, which guarantee main directions of the capital investments, the activities of their concentration in the determinant suburbs, on which the reaching of planned rates of development of the society production is depended, balancing and effectiveness, getting more and more production and profit of the national income for every lost Ruble”. For today, in the most actual definitions, the capital investments are bounded only by financial means, when not only financial, but also the investment of natural, material-technical and informational resources takes place. Labour resources take an actual place in the investment process. They themselves fulfill this or that investment process.

A positive side of the discussed definitions is that they connect investment policy and capital placements (investments):

- economical development according to the key directions to the concentration;

- providing high rates of economical growth;

- raising an economical effectiveness, which is expressed:

a) by growing the throw off of the production and national income for every lost Ruble;

b) by fulfilling the branch structure of the investments;

c) by improving their technological structure;

d) by optimization of their further production structure.

Compared with such definition of the investments (capital placement) the definition of investments in the dictionary attaching the “Economics” seems to be unimproved: “investments – the expenses of gathering production and industrial means and increasing material reserve”. In this definition current expenses (production expenses) are mixed with the investment (capital) expense. Also, not the investment expenses but (though the investments are followed by the appropriate expenses) exactly advancing. It differs from the expenses by that the means (means) are put by returning the advanced values, also, under the conditions of growth, to which the concept-advanced capital is corresponding. the advancing may be realized in the money, natural-material and informational forms.

Except the termini “investments”, there are two more termini related with the investment. They are shown below.

“Human capital investment” – any activity provided for rising the workers labour productivity (in the way of growing their qualification and developing their abilities); at the expenses of improving the workers’ education, health and raising the mobility of the working forces”. It is very useful to use the mentioned termini, though it needs one correction: the human capital investments do not concern only workers, but also the servants, representatives of every kind of labour.
“Investment commodity, capital goods – a capital.”

In the official manuals of political economy of the reformation time the capital investments are discussed as “expenses for creating new main funds and widening, reconstruction and renewing the active ones”. In this definition the investments (capital placements) during separation of the forms (types) of further production of the main funds are bounded only by main funds (without increases of the circulation funds and insurance reserves):

a) creating new ones;

b) widening;

c) reconstruction;

d) renewing.

Also, the concept of the industrial gathering appears, at the expenses of widening of basic, circulation funds and also insurance reserves takes place”.

You’ll meet below the definitions of investments from “the course of economy”: the investments are called “placements of fund into the basic capital (basic means of production), reserves, also other economical objects and processes, which request long-termed influxing of material and cash means. “According to the division of capital into physical and money forms, the investments too must be divided into material and cash investments”.

They apportion investment commodity, to which belong industrial and nonindustrial building objects, vehicles purposed for changing or widened technical park and the furniture, increasing reserves and others.

“They call the total investments of production an investment product, which is directed towards keeping and increasing the basic capital (basic means) and reserve. Total investments consist of two parts. One of them is called the depreciation; it represents important investment resources for compensation of renewal till the level of before industrial usage, wearing out and repairing of the basic means. Second consisting part of the total investments is represented by net investments – capital investments for the purpose of increasing basic means”. Depreciation is not a compensation resource of wearing the basic funds out, but it is the purposeful financial source of such resources.
Human capital investment is “a specific kind of investments, mostly in education and health protection”.

“Real investments are the investments in the economical branches and also, they are kinds of economical activities, which provide influxing the increases of real capital, that is increasing material values of the industrial means”. We can agree with such definition with one specification that material and nonmaterial values too belong to the real capital (wealth), consequently science-researching experimental-construction results, various information, education of he workers and others. Such service as organization of the excitable games, also the service of redistribution social wealth from one private person to another (except charity).

“Financial investments represent placement of funds into the shares, obligations, promissory notes, other securities and instruments. Such investments, of course, do not give increases of the real material capital, but they help getting profit, consequently at the expenses of changing the course of the securities in the time of speculation, or distinguishing the course in different places of sell and purchasing”. We share wholly such definition, hence it follows that financial investments (if it is not followed by real investments as a result) do not increase real material wealth and real nonmaterial wealth. According to this context, the expression below is very important: “we must distinguish financial investments, which represent placement of the funds in the ways of selling and purchasing the securities for the purpose of getting profit and financial investments, which become cash and real, moved to real physical capital.”

In the “economical course” quoted before long and short-termed investments are separated. Recognizing the existence of the bounds between them, the authors ascribe short-termed investments to “one month or more” investments. If we get such conditioned criteria, that we can call the investments which overcome the terms of some months, long-termed ones, which is very doubtful and we don’t agree with it. A long-termed character of the fund placement is a significant feature of the investments (short-term doesn’t combine with the concept of investments). Principally, it would be better to point out quick compensative, middle termed compensative and long-termed compensative investments:

- less then 6 months – quick compensative;

- from 6 months up to the year and a half – middle termed compensative;

- more then the year and a half – long termed compensative.

We stopped at the definition of the investments in the capital work “economical course” for the special purpose, as, in it the author tried to discuss the concept of investments systemically and quite completely, herewith the book is published just now.

We’ll return to the discussion the definition economical category of “investments” in different publications in the following chapter. The definitions given here are quite enough for having a notion of the level of lighting up the given category in the economical literature.
What conclusions may be made according the definition of the mentioned economical category in the published works, except the made notions and specifications?

There is quite deeply, concretely and thoroughly defined the concept of “investments”, different definitions in the economical literature; but mostly in every works about the investments discussed by us until now, there is not opened the essence of investments as an economical category. In every monograph , even if it has a title investment, as an economical category , there is given only the definition, concept of investments. But, as the Academician Vasil Chantladze explains, “a concept is a discussion, which proves something about the distinguishing feature of the researched object. A concept out of much essential characteristic features represents only one, and essential in it is only – definition”.

But the categories are much wider; it is “a key, the most fundamental concept of every science”. Economical categories theoretically represent real, objectively existed productive relations. A category is the defining of occasions of existed characters, connections, relations of the objective world. Generally, any educational process is fulfilled by the categories, which give opportunities for dividing the processes and occasions semantically, for expressing the definitions of a subject and realize their specific peculiarities and economical relations of a material world.
Our goal is exactly to substantiate investments – as an economical category and also, as a financial category in the narrow understanding.

Here we apply for another manual thesis made by the academician Vasil Chantladze: “every financial relation is an economical one and every financial category is and economical one, but not every economical relation and economical category is financial relation and financial category”.
In the process of defining the investments, it is important to take in mind the sides of resources, expenses and incomes, because investment, from one side, is the result of the manufacture’s activity, and, from another one, – a part of income, which, in this case, is not used for usage.
Another occasion: it is advisable to discuss investments in two aspects: as a category of reserve and flow, which will reflect exactly the connection between “placement of funds” and “investments”.

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Traveling To America? New ESTA Registration Mandated January 2009

For years, visitors from certain foreign countries have been able to travel to America without first getting a formal Visa sticker placed in their passport. Implemented in 1998, the “Visa Waiver Program” (VWP) has allowed for visitors of several countries to come to America for tourism or business purposes for up to 90 days without getting a Visa put in their passport. During 2007, more than 15 million visitors from VWP countries arrived in the United States.As of January 12, 2009 America’s new ESTA program requires Visa Waiver Program visitors coming to the U.S. for tourist or business purposes via a plane or ship to “register” online before entering the United States to see if they pose a law enforcement or security risk to the U.S. ESTA is not required for land crossings. Officials are asking that the ESTA registration be done at least 72 hours prior to leaving, but theoretically it is possible to register at the last minute. An ESTA Travel Authorization is free, valid for 2 years, and valid for multiple entries.Here are some Frequently Asked Questions (FAQs) for ESTA Travel Authorization:What Countries Are in the Visa Waiver Program?Andorra, Austria, Australia, Belgium, Brunei, Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Monaco, The Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovakia, Slovenia, South Korea, Spain, Sweden, Switzerland, and the United Kingdom.Where Do I Apply for an ESTA Travel Authorization?A website, operated by the American government, is where you register for ESTA: esta.cbp.dhs.gov. The ESTA information you submit via the computer is compared with certain American law enforcement databases and then either approved or denied. Foreign travelers will not be able to submit ESTA applications at American airports after arriving or at a U.S. Embassy in their country.What if I Don’t Have Plans to Travel to the U.S. Yet?VWP travelers are not required to have specific plans to travel to the United States before they apply for an ESTA Travel Authorization. As soon as VWP travelers begin to plan a trip to visit the U.S., they are encouraged to apply for travel authorization through the ESTA website. Applicants are not required to update their destination addresses or itineraries if they change after their ESTA Travel Authorization has been granted.Does the ESTA Travel Authorization Guarantee Entry to the U.S.?An ESTA Travel Authorization only authorizes a traveler to board an airline or ship for travel to the U.S. under the Visa Waiver Program. After they arrive, travelers who obtained an ESTA Travel Authorization may still be denied entry (also called “admission”) at a U.S. port of entry, such as an American airport. An approved ESTA is not a guarantee of admissibility at an American airport. In all cases, the American airport officers make the final determination whether a foreign traveler can enter the U.S. or not. You still have to establish to the satisfaction of the inspecting officer that you are entitled to be admitted to the U.S. under the Visa Waiver Program.Can I Change My Travel Itinerary?It is possible to change an itinerary on an existing ESTA Travel Authorization; ESTA is designed so that you can update parts of it at any time. Travelers who did not get an ESTA approval may be denied boarding by the airlines, experience delayed processing, or be denied admission to the U.S. at the American airport.What If I Already Have a Valid B1/B2 Visitor Visa?While the ESTA Travel Authorization is completed online with no interview, there are Visas that require a U.S. Embassy interview. The Visa process has separate procedures, which generally require an appointment, travel to a U.S. Embassy, an interview with a Consular Officer, processing time, and the payment of an application fee. If a foreign national already went to the U.S. Embassy and has a valid B1/B2 Visitor Visa pasted in their passport it is not necessary to get an ESTA Travel Authorization because the traveler will be entering with a B1/B2 Visitor Visa and not through the Visa Waiver Program. Keep in mind that an approved ESTA Travel Authorization is not a Visa.Can I Re-Apply for an ESTA Travel Authorization if Denied?Yes, but you must wait at least 10 days to reapply and your circumstances must have changed. Unless there is a change in a substantive fact, re-application will not change the result. Keep in mind that applying for an ESTA Travel Authorization with false information can cause a foreign national to be permanently barred from ever entering America. The ESTA system is designed to try to prevent individuals from changing and manipulating an ESTA entry until they receive an approval.What If I am Denied an ESTA Travel Authorization and Have No Changed Circumstances?There are three types of responses to an ESTA application; approved, pending or travel not authorized (denied). Applicants who receive a “pending” response are advised to check the website 72 hours later. Applicants who are denied will be required to go to a U.S. Embassy to apply for a formal nonimmigrant visa, such as a B1/B2 Visa, which may take months.Can a Traveler Find Out the Reason Why an ESTA Application was Denied?The U.S. Dept. of Homeland Security has stated that travelers may contact the DHS Travel Redress Inquiry Program (DHS TRIP at dhs.gov) but there are no guarantees that information about a denial will be divulged. U.S. Embassies and Consulates are not required to provide details about an ESTA denial nor resolve the issue that caused the ESTA denial.What If I Have a Criminal Record?Only those qualified to travel under the VWP are eligible to pre-register through ESTA. Persons who have been arrested and/or convicted are generally not eligible for VWP and probably require a formal Visa, such as a B1/B2 Visa, to travel to America. If a foreign national has received tickets for speeding (which don’t usually result in an arrest or conviction) they are probably still eligible for the VWP and ESTA. If a foreign traveler has been denied entry into or deported from the U.S., they require a formal Visa.Do Any Other Countries Have a Similar Program?Australia has a program called the Electronic Travel Authority (ETA) that mandates travelers to submit an ETA application electronically through a website requesting permission to travel to Australia. Airlines may refuse to accept passengers who do not have either an approved ETA or Visa to enter Australia.How Long Will the ESTA Application Data be Stored? Who Can Access It?The ESTA Travel Authorization is valid for two years or until the traveler’s passport expires, whichever comes first. The American government will maintain the information for at least 15 years to allow retrieval of the information for law enforcement, national security, or investigatory purposes. Information submitted through ESTA can also be shared with any U.S. government organization.What Information Does the Airlines Get?Airlines will receive confirmation of a passenger’s ESTA status visa the “Advance Passenger Information System” (APIS) which shows whether the ESTA authorization has been granted for a Visa Waiver Program traveler. It is recommended that the traveler print out the ESTA application approval in order to maintain a record of their ESTA application number and to have confirmation of their ESTA status.What About Children?Accompanied and unaccompanied children, regardless of age, are required to obtain an independent ESTA Travel Authorization.What if a Mistake was Made on the ESTA Application?The ESTA website will ask applicants to review their application before submitting it. Also, there is an update function for certain information such as email address, telephone number, or flight information. If an applicant makes a mistake that cannot be “updated,” he will need to submit a new ESTA application.What if I Only Have a Connecting Flight Through the U.S.?Visa Waiver Program visitors who have a connecting flight in the U.S. are required to either have ESTA Travel Authorization or a Visa from a U.S. Embassy in their passport to travel through the U.S. even for a one hour stop. If a traveler is only planning to stop in the U.S. en route to another country, the traveler should enter the words “In Transit” and his final destination in the address lines under the heading “Address While In The United States” on the ESTA application.What Are the Questions on the ESTA Travel Authorization Application?The traveler must provide (in English) biographical data including name, birth date, country of citizenship, country of residence, email address, sex, telephone number, passport information, destination address in the U.S., travel information (round trip airline ticket, flight number and city where you are boarding) as well as questions regarding communicable diseases (chancroid, gonorrhea, granuloma inquinale, HIV, leprosy, lymphogranuloma venereum, syphilis [active], tuberculosis [active], and others), physical or mental disorders, drug addiction problems, arrests, convictions, past history of visa cancellation or denial, and prior deportations from the U.S. The traveler will also be asked whether they are seeking work in the U.S., have ever been deported or tried to get a visa by fraud or misrepresentation. The traveler will be asked if they have ever detained a child of a U.S. Citizen granted custody of the child, and whether they have ever asserted immunity from prosecution.Do I Select “Business” or “Pleasure (Tourist) at the Airport Port of Entry?After the ESTA Travel Authorization is granted, the foreign traveler will be interviewed by government officers at the first American airport they land. The officer will ask what the foreign traveler will be doing in America and the questioning can take up to four hours in a detained setting called “secondary inspection.” The officer may ask the traveler “what else are you doing in America?” repeatedly to try to get “the real” answer. If the traveler is only going to be a tourist, they are not allowed to do any business, including meeting with any attorneys, applying for a bank account, meeting with real estate agents, or other business consulting activities. Even though the traveler is going to conduct just one business meeting while in America, they are required to report it and enter as a business visitor. The business visitor is allowed to participate in tourist activities, but the tourist visitor is not allowed to participate in any business activities. Therefore, if any business might be conducted while in America, it is best to tell the government officers about it at the airport to avoid being accused of lying, put immediately on a plane back to your home country, and barred from America for life.What Else Do Can the Airport Officers Make Me Prove After I Land?The airport officers will ask the traveler proof of a foreign residence (address on foreign driver’s license), whether their intention is to depart at the end of the visit (round trip airline ticket), whether the traveler has a job (letter, paystub, business card) and family in their home country, (marriage certificate, childrens’ birth certificates), and whether the traveler has the money to travel around America (bank statement or credit cards with bank letter showing credit limit). The airport officers are also required to ask where the traveler will stay in America (hotel reservations or friends/relatives’ homes) and have been known to pick up the phone to verify all of the aforementioned information.Can I Be Searched in the American Airport? Am I Entitled to Legal Representation?While being interviewed at the American airport, all luggage (even locked bags) can be searched, as well as the traveler’s body and his/her cell phone (including text messages and phone numbers) and laptop (including hard drive). The officers may “google” a traveler’s name and check out their myspace, Facebook or hyves pages. The traveler is not allowed to be represented by an attorney or even call their attorney while in “secondary inspection.” Bathroom visits, water and food may be limited, so it is best to prepare for such an occasion while still on the plane before landing.Do I Still Have to Go Through the “US-VISIT” Program at the American Airport?Foreign travelers arriving at American airports and seaports must still be photographed and fingerprinted every time they enter the U.S.Who Should I Ask For Help to Fill Out the ESTA Application?The information a traveler provides on the ESTA application can remain in their file with U.S. authorities for a minimum of 15 years – probably longer. If a foreign traveler has some questions about how to answer the questions so as not to be permanently barred from America, it would be prudent to them to pay for a legal consultation with an American Immigration Attorney who is a member of the American Immigration Lawyers Association (AILA). Beware of unauthorized private websites that offer ESTA application assistance for $49.99 – they are usually not authorized to practice immigration law and are asking travelers to pay for a copy of the application questions, which are free on the dhs.gov website.If I Am Denied the ESTA Travel Authorization Will it Effect My Ability to Obtain a Visa at the U.S. Embassy?When the ESTA Travel Authorization is denied, the foreign traveler must make an appointment at a U.S. Embassy in their country to apply for a formal Visa. The U.S. Embassy is operated by the U.S. Department of State and there are no expedited procedures for those who have been denied ESTA Travel Authorization. Because the ESTA program is so new, it is impossible to predict how badly a denial of the ESTA Travel Authorization will impact a traveler’s application for a Visa at a U.S. Embassy or impact their future travel to America in general. American Immigration Attorneys are in close contact with their foreign clients and will share the denial information with each other starting in January 2009. Currently there are no government policies regulating this area of the law, or opportunities to appeal a denial.When Is the a “New” ESTA Travel Authorization Required?A new ESTA Travel Authorization is required during the two years if (1) the traveler is issued a new passport (2) the traveler changes his name (3) the traveler changes his or her gender (4) the traveler’s country of citizenship changes or (5) the circumstances underlying the traveler’s previous responses to any of the ESTA application questions requiring a “yes” or “no” response have changed (such as a new arrest).Can an American Immigration Attorney, Travel Agent or Employer Fill Out the ESTA Application?A third party, such as a relative, travel agent or American Immigration Attorney, is permitted to submit an ESTA application on behalf of a VWP traveler. Be aware that the traveler is still responsible under the law for the answers submitted on his or her behalf by a third party.Over 68,000 travelers have already voluntarily registered by using the ESTA online system in the last few months. Applicants are reminded to obtain a new “e-passport” which has an integrated computer chip capable of storing biographic information from the data page, as well as other biometric information, when registering with ESTA.