[Federal Register Volume 64, Number 148 (Tuesday, August 3, 1999)]
[Rules and Regulations]
[Pages 42006-42007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19836]
[[Page 42006]]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
8 CFR Part 217
[INS No. 2002-99]
RIN 1115-AF99
Adding Portugal, Singapore and Uruguay to the List of Countries
Authorized To Participate in the Visa Waiver Pilot Program
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Interim rule with request for comments.
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SUMMARY: The Visa Waiver Pilot Program (VWPP) permits nationals from
participating countries to apply for admission to the United States for
ninety (90) days or less as nonimmigrant visitors for business or
pleasure without first obtaining a nonimmigrant visa. This rule amends
the Immigration and Naturalization Service (Service) regulations by
adding Portugal, Singapore, and Uruguay to the list of countries
designated to participate in the VWPP. This action will facilitate
travel to the United States and benefit United States businesses.
DATES: Effective date. This interim rule is effective August 9, 1999.
Comment date. Written comments must be submitted on or before
October 4, 1999.
ADDRESSES: Please submit written comments, in triplicate, to the
Director, Policy Directives and Instructions Branch, Immigration and
Naturalization Service, 425 I Street, NW, Room 5307, Washington, DC
20536. To ensure proper handling, please reference INS No. 2002-99 on
your correspondence. Comments are available for public inspection at
the above address by calling (202) 514-3048 to arrange for an
appointment.
FOR FURTHER INFORMATION CONTACT: Robert F. Hutnick, Assistant Chief
Inspector, Inspections Division, Immigration and Naturalization
Service, 425 I Street NW, Room 4064, Washington, DC 20536, Telephone
number: (202) 616-7499.
SUPPLEMENTARY INFORMATION:
When Was the VWPP Established?
Public Law 99-603
Section 313 of the Immigration Reform and Control Act of 1986
(IRCA), Public Law 99-603, dated November 6, 1986, added section 217 to
the Immigration and Nationality Act (Act), 8 U.S.C. 1187, which
established the VWPP. The VWPP waives the nonimmigrant visa requirement
for the admission of certain aliens to the United States for a period
not to exceed ninety (90) days. That original provision authorized the
participation of eight countries in the Pilot Program.
How Has the VWPP Changed Since It Was Established?
Public Law 101-649
Section 201 of the Immigration Act of 1990 (IMMACT 90), Pub. L.
101-649, dated November 29, 1990, amended the VWPP by removing the
eight-country cap and extending the provisions to all countries that
met the qualifying provisions contained in section 217 of the Act. In
addition, section 201 of IMMACT 90 also extended the period for the
VWPP until September 30, 1994.
Public Law 103-416
Section 210 of the Immigration and Nationality Technical
Corrections Act of 1994, Pub. L. 103-416, dated October 25, 1994,
extended the expiration date of the VWPP until September 30, 1996.
Public Law 104-208
Section 635 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, dated September
30, 1996, amended section 217 of the Act by extending the VWPP until
September 30, 1997. This law also named the Attorney General as the
principal designator of VWPP countries, eliminated probationary VWPP
qualification status, and made countries then in such status (Ireland
being the only country) permanent participating VWPP countries subject
to the same disqualification criteria established for other VWPP
countries. Ireland has been added as a VWPP country on a probationary
basis on March 28, 1995, upon publication of an interim regulation in
the Federal Register at 60 FR 15855.
Public Law 105-173
Pub. L. 105-173 extended the VWPP through April 30, 2000. The law
also modified the statutory language relating to low visa refusal rates
that could extend the VWPP to additional countries previously unable to
qualify.
What Are the Requirements for VWPP Participation?
For a country to qualify as a participant in the VWPP, the country
must:
Agree to waive the visa requirement for nationals of the
United States entering for business or pleasure for ninety (90) days or
less;
Meet statutorily prescribed limits on visa refusal rates
for the prior 2-year period, as well as the prior year;
Meet statutorily prescribed limits on rates of
inadmissibility at Ports-of-Entry and on overstay rates; and,
Have a machine readable passport program.
What Are the Requirements for VWPP Travelers?
The VWPP traveler must:
Present a valid passport;
Seek entry into United States for business or pleasure;
Seek entry into the United States for 90 days or less (no
extensions or changes/adjustments of status are allowed);
Possess an onward or return ticket if traveling by air or
sea;
Agree to waive any right to appeal a denial of entry; and
Not be inadmissible under the Immigration and Nationality
Act.
What Countries Currently Participate in the VWPP?
The following countries currently participate in the VWPP: Andorra,
Argentina, Australia, Austria, Belgium, Brunei, Denmark, Finland,
France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein,
Luxembourg, Monaco, the Netherlands, New Zealand, Norway, San Marino,
Slovenia, Spain, Sweden, Switzerland, and the United Kingdom. The
United Kingdom refers only to British citizens who have the
unrestricted right of permanent abode in the United Kingdom (England,
Scotland, Wales, Northern Ireland, the Channel Islands and the Isle of
Man); it does not refer to British overseas citizens, British dependent
territories' citizens, or citizens of British Commonwealth countries.
What Does this Rule Do?
The Attorney General, in consultation with the Secretary of State,
has determined that Portugal, Singapore, and Uruguay have met the
statutory requirements of section 217 of the Act. Accordingly,
Portugal, Singapore, and Uruguay, and their citizens are eligible to
participate in the VWPP. Effective August 9, 1999, Portugal, Singapore,
and Uruguay, are added as participating countries in the VWPP. (See the
Department of State rule published elsewhere in this issue of the
Federal Register.
Good Cause Exception
The Service implementation of this rule as an interim rule, with a
60-day provision for post-promulgation public comments, is based upon
the ``good
[[Page 42007]]
cause'' exceptions found at 5 U.S.C. 553 (b) (B) and (d) (3). The
reasons and the necessity for immediate implementation of this interim
rule without prior notice and comment are as follows: this interim rule
relieves a restriction and will facilitate business and tourist travel
to the United States, Portugal, Singapore, and Uruguay.
Regulatory Flexibility Act
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 this rule
will not have a significant economic impact on a substantial number of
small entities. This rule merely removes a restriction for both the
traveling public and United States businesses.
Executive Order 12866
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).
Executive Order 12612
The regulation adopted herein will not have substantial direct
effects 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.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local and
tribal governments, in the aggregate, or by the private sector, of $100
million or more in any 1 year, and it will not significantly or
uniquely affect small governments. Therefore, no actions were deemed
necessary under the provisions of the Unfunded Mandates Reform Act of
1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by section 804 of the
Small Business Regulatory Enforcement Act of 1996. This rule will not
result in an annual effect on the economy of $100 million or more; a
major increase in costs or prices; or significant adverse effects on
competition, employment, investment, productivity, innovation, or on
the ability of United States-based companies to compete with foreign-
based companies in domestic and export markets.
Executive Order 12988 Civil Justice Reform
This interim rule meets the applicable standards set forth in
sections 3(a) and 3(b)(2) of E.O. 12988.
List of Subjects in 8 CFR Part 217
Administrative practice and procedures, Aliens, Nonimmigrants,
Passports and visas.
Accordingly, part 217 of chapter I of title 8 of the Code of
Federal Regulations is amended as follows:
PART 217--VISA WAIVER PILOT PROGRAM
1. The authority citation for part 217 continues to read as
follows:
Authority: 8 U.S.C. 1103, 1187; 8 CFR part 2.
2. In Sec. 217.2 paragraph (a) is amended by revising the
definition for ``Designated country'' to read as follows:
Sec. 217.2 Eligibility.
(a) * * *
Designated country refers to Andorra, Argentina, Australia,
Austria, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland,
Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, the
Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore,
Slovenia, Spain, Sweden, Switzerland, the United Kingdom, and Uruguay.
The United Kingdom refers only to British citizens who have the
unrestricted right of permanent abode in the United kingdom (England,
Scotland, Wales, Northern Ireland, the Channel Islands and the Isle of
Man); it does not refer to British overseas citizens, British dependent
territories' citizens, or citizens of British Commonwealth countries.
* * * * *
Dated: July 23, 1999.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 99-19836 Filed 8-2-99; 8:45 am]
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