[Federal Register Volume 59, Number 133 (Wednesday, July 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16965]
[[Page Unknown]]
[Federal Register: July 13, 1994]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
8 CFR Part 212
[INS No. 1398-92]
RIN 1115-AA75
Guam Visa Waiver Program; Taiwan
agency: Immigration and Naturalization Service, Justice.
action: Final rule.
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summary: This rule amends the Immigration and Naturalization Service
(Service) regulations by amending the one-year restriction on Taiwan's
inclusion in the Guam Visa Waiver Program, and by removing the
requirement that residents of Taiwan who are in possession of Taiwan
National Identity Cards traveling to Guam, do so on a direct, nonstop
flight. The removal of the restriction is the result of an evaluation
conducted by the Service that indicated that there were only two
instances of abuse of the Guam Visa Waiver Program by non-Taiwan
residents detected by the Service since Taiwan was temporarily added to
the Program on July 15, 1993. This rule facilitates the travel of
certain residents of Taiwan to visit Guam under certain conditions. It
enables holders of Taiwan passports who begin their travel in Taiwan
and who are in possession of Taiwan National Identity Cards to visit
Guam as nonimmigrant visitors for up to 15 days for business or
pleasure without first obtaining a nonimmigrant visitor visa at an
American consulate abroad.
effective date: This rule is effective July 13, 1994.
for further information contact: Ronald J. Hays, Assistant Chief
Inspector, Inspections Division, Immigration and Naturalization
Service, 425 I Street NW., Room 7228, Washington, DC 20536, Telephone
number: (202) 514-0912.
supplementary information: Under section 212(1)(1) of the Immigration
and Nationality Act (Act), certain visitors from designated countries
may visit Guam for up to 15 days without having to obtain nonimmigrant
visitor visas from American consulates outside the United States.
First implemented on October 1, 1988, this program resulted in
thousands of nonimmigrant visitors from Australia, Brunei, Burma,
Indonesia, Japan, Malaysia, Nauru, New Zealand, Papua New Guinea, the
Republic of Korea, Singapore, the Solomon Islands, the United Kingdom
(including citizens of the colony of Hong Kong), Vanuatu and Western
Samoa, visiting Guam under the conditions mentioned in the summary.
On July 15, 1993, the Service published an interim rule with
request for comments, in the Federal Register, at 58 FR 38045-38046,
temporarily adding Taiwan through July 15, 1994, to the list meeting
the eligibility criteria for the Guam Visa Waiver Program, implemented
under the Omnibus Territories Act of 1986, Public Law 99-396. This rule
removes the one-year restriction on Taiwan's inclusion in the program.
Since the Service was concerned about potential abuse by non-Taiwan
residents attempting to enter the United States illegally, only
residents of Taiwan in possession of Taiwan National Identity Cards, in
addition to valid Taiwan passports with valid re-entry permits issued
by the Taiwan Ministry of Foreign Affairs, were included in the Guam
Visa Waiver Program. In addition, there was a further restriction that
persons must travel on a direct, nonstop flight from Taiwan to Guam.
Since Taiwan's inclusion in the program, only two instances of
abuse of the Guam Visa Waiver Program, by non-Taiwan residents, were
detected by the Service. However, the requirement that Taiwan residents
seeking to enter Guam under this program do so on a direct non-stop
flight from Taiwan had an unforeseeable impact on the tourist industry
in the Commonwealth of the Northern Marianas when the air carrier
serving Guam from Taiwan via Saipan eliminated the Saipan stop. Four
comments were received by the Service concerning the change of service
to the Northern Marianas. These comments all came from the Office of
the Governor, Commonwealth of the Northern Marianas, protesting that
the non-stop requirement of the interim rule negatively affected
tourism in the Commonwealth because Taiwan residents could no longer
travel easily to the Commonwealth.
The Service agrees with these comments and has amended the rule to
remove the direct non-stop flight requirement. However, to address the
potential for abuse by non-Taiwan residents seeking to enter the United
States, the rule will be amended to reflect that only holders of Taiwan
passports who are residents of Taiwan who begin their travel to Guam in
Taipei and arrive in Guam without an intermediate layover will be
eligible to participate in the Guam Visa Waiver Program. Such
travellers will be further restricted to those who arrive on a flight
which has not had an intermediate stop except in a territory of the
United States. The Service reserves the right to reinstate the direct
non-stop flight requirement by means of a notice in the Federal
Register should the percentage of inadmissible passengers arriving in
Guam who have transited a territory of the United States enroute to
Guam exceed 20 percent of all inadmissible passengers arriving in Guam
for two consecutive months.
The Commissioner of the Immigration and Naturalization Service, in
accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), has
reviewed this regulation and by approving it certifies that the rule
will not have a significant economic impact on a substantial number of
small entities because of the following factors: this rule merely
removes a restriction on travel, and will have a positive economic
impact for Guam by increasing tourism.
This rule is not considered by the Department of Justice,
Immigration and Naturalization Service, to be a ``significant
regulatory action'' under Executive Order 12866, section 3(f),
Regulatory Planning and Review, and the Office of Management and Budget
has waived its review process under section 6(a)(3)(A).
The regulations adopted herein will not have substantial direct
effect on the States, on the relationship between the National
Government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this rule
does not have sufficient Federalism implications to warrant the
preparation of a Federalism Assessment.
The Commissioner of the Immigration and Naturalization Service
certifies that she has assessed this rule in light of the criteria in
Executive Order 12606 and has determined that this regulation will
enhance family well-being by allowing eligible Taiwan families to
readily come to Guam on vacation.
List of Subjects in 8 CFR Part 212
Administrative practice and procedures, Aliens, Passports and
visas, Reporting and recordkeeping requirements.
Accordingly, the interim rule published at 58 FR 38045-38046, on
July 15, 1993, amending 8 CFR part 212 is adopted as a final rule with
the following changes:
PART 212--DOCUMENTARY REQUIREMENTS; NONIMMIGRANTS; WAIVERS;
ADMISSION OF CERTAIN INADMISSIBLE ALIENS; PAROLE
1. The authority citation for part 212 continues to read as
follows:
Authority: 8 U.S.C. 1101, 1102, 1103, 1182, 1184, 1225, 1226,
1228, 1252; 8 CFR part 2.
2. In Sec. 212.1, paragraph (e)(3) is revised to read as follows:
Sec. 212.1 Documentary requirements for nonimmigrants.
* * * * *
(e) * * *
(3)(i) The following geographic areas meet the eligibility criteria
as stated in paragraph (e)(2) of this section: Australia, Brunei,
Burma, Indonesia, Japan, Malaysia, Nauru, New Zealand, Papua New
Guinea, Republic of Korea, Singapore, Solomon Islands, Taiwan
(residents thereof who begin their travel in Taiwan and who travel on
direct flights from Taiwan to Guam without an intermediate layover or
stop except that the flights may stop in a territory of the United
States enroute), the United Kingdom (including the citizens of the
colony of Hong Kong), Vanuatu, and Western Samoa. The provision that
flights transporting residents of Taiwan to Guam may stop at a
territory of the United States enroute may be rescinded whenever the
number of inadmissible passengers arriving in Guam who have transited a
territory of the United States enroute to Guam exceeds 20 percent of
all the inadmissible passengers arriving in Guam within any consecutive
two-month period. Such rescission will be published in the Federal
Register.
(ii) For the purposes of this section, the term citizen of a
country as used in 8 CFR 212.1(e)(1) when applied to Taiwan refers
only to residents of Taiwan who are in possession of Taiwan National
Identity Cards and a valid Taiwan passport with a valid re-entry permit
issued by the Taiwan Ministry of Foreign Affairs. It does not refer to
any other holder of a Taiwan passport or a passport issued by the
People's Republic of China.
* * * * *
Dated: June 10, 1994.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
Dated: June 21, 1994.
Mary A. Ryan,
Assistant Secretary of State for Consular Affairs, Department of State.
Dated: June 23, 1994.
Leslie M. Turner,
Assistant Secretary for Territorial and International Affairs,
Department of the Interior.
[FR Doc 94-16965; Filed 7-12-94; 8:45 am]
BILLING CODE 4410-10-M
