Memorandum of Agreement

The U.S. government and Federally Recognized Tribes share a long-standing relationship. This partnership led the Department of Homeland Security (DHS) to establish a provision in the WHTI Land/Sea Final Rule, enabling all Tribes to collaborate with U.S. Customs and Border Protection (CBP) to develop an enhanced tribal card. While we cannot discuss compliance details until a Memorandum of Agreement (MOA) is signed with CBP/DHS approval, we are available to discuss card design to help you plan and distribute costs effectively.

The Enhanced Tribal Identification Card (ETC) represents a new class of international travel document designed for land and sea border entry into the United States. It is intended to serve as an approved alternative document for U.S. and Canadian citizens who are members of a U.S. Federally Recognized Tribe. In 2008, the DHS initiated outreach to all U.S. Federally Recognized Tribes to develop, test, and issue an ETC featuring facilitative technology. This card is designed to meet the rigorous citizenship and identity requirements mandated by the Western Hemisphere Travel Initiative (WHTI).

To formalize this collaboration, CBP sent a letter to all U.S. Federally Recognized Tribes on April 3, 2008, inviting them to partner in enhancing their tribal identification cards. Through close consultation with the Tribes, CBP developed a Memorandum of Agreement (MOA) to serve as the foundational framework for ETC negotiations.

Numerous tribes across border states—including Washington, Idaho, Arizona, California, North Dakota, Michigan, New York, and Maine—have since entered into the MOA process with CBP. To date, ten tribes have formally submitted an ETC MOA. We are proud to announce that CBP has signed agreements with five of these tribes: the Kootenai of Idaho, the Pascua Yaqui of Arizona, the Seneca of New York, the Tohono O’odham of Arizona, and the Coquille of Oregon. All five are on track to begin producing their ETCs.

The 9/11 Bill mandated a thorough evaluation of all WHTI components, including the ETC initiative. Accordingly, each MOA includes a provision for CBP to conduct a comprehensive evaluation of the Tribe’s ETC program once card issuance begins, ensuring the program’s success and integrity.