[Federal Register Volume 64, Number 148 (Tuesday, August 3, 1999)]
[Rules and Regulations]
[Pages 42032-42033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19923]
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DEPARTMENT OF STATE
Bureau of Consular Affairs
22 CFR Part 41
[Public Notice 3077]
RIN 1400-A75
Visas: Passports and Visas Not Required for Certain Nonimmigrants
AGENCY: Bureau of Consular Affairs, DOS.
ACTION: Interim rule with request for comments.
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SUMMARY: Current law provides for a Visa Waiver Pilot Program (VWPP)
for nationals of countries qualifying under the provisions of the Pilot
Program and designated by the Attorney General, in consultation with
Secretary of State, as countries whose nationals benefit from the
waiver of the nonimmigrant B-1/B-2 visa requirement. This interim rule
adds Portugal, Singapore and Uruguay as participants in this Program.
DATES: This interim rule is effective August 9, 1999. The Department
invites written comments which must be received on or before October 4,
1999.
ADDRESSES: Submit written comments, in duplicate, to the Chief,
Legislation and Regulations Division, Visa Services, Room L-603C,
Department of State, Washington, D.C. 20520-0106.
FOR FURTHER INFORMATION CONTACT: H. Edward Odom, Chief, Legislation and
Regulations Division, Visa Office, Department of State, Washington,
D.C. 20522-0113, (202) 663-1204.
SUPPLEMENTARY INFORMATION: This interim rule amends Part 41, Title 22
of the Code of Federal Regulations relating to visa waivers for certain
nonimmigrants pursuant to section 217 of the Immigration and
Nationality Act (INA).
History of INA 217
Pub. L. 99-603
Section 313 of the Immigration Reform and Control Act of 1986
(IRCA), Pub. L. 99-603, amended the INA by adding a new section 217.
Section 217 provides for a Visa Waiver Pilot Program (VWPP) which
waives the nonimmigrant visa requirement for nationals of certain
countries having low nonimmigrant visa refusal rates and who are
seeking to enter the United States for a period not to exceed ninety
days. This original provision authorized the participation of eight
countries in the VWPP to be designated by the Secretary of State and
the Attorney General, acting jointly, from among countries meeting
specific criteria. These original qualifying countries included:
France; the Federal Republic of Germany; Italy; Japan, the Netherlands;
Sweden; Switzerland; and the United Kingdom. [See Federal Register
publications 53 FR 24903, June 30, 1988; 53 FR 50161, December 13,
1988; and 54 FR 27120, June 27, 1989.]
Pub. L. 101-649
On November 29, 1990, the President signed the Immigration Act of
1990 (IMMACT 90), Pub. L. 101-649, Section 201 of IMMACT 90 revised the
VWPP set forth in section 313 of IRCA. It removed the eight-country cap
and extended the provisions of the VWPP to all countries that meet the
qualifying criteria of the VWPP and are designated by the Attorney
General, acting jointly with the Secretary of State, as Pilot Program
countries thereunder.
Effective October 1, 1991, Andorra, Austria, Belgium, Denmark,
Finland, Iceland, Liechtenstein, Luxembourg, Monaco, New Zealand,
Norway, San Marino, and Spain, having met all of the requirements for
participants in the nonimmigrant Visa Waiver Pilot Program, were added
as participants in the Program. [See 56 FR 46716, September 13, 1991.]
Brunei was designated as a participant in the Visa Waiver Pilot Program
in an interim rule published at 58 FR 40581, July 26, 1993.
Pub. L. 103-415
Section 1(m) of Pub. L. 103-415 extended the Visa Waiver Pilot
Program through September 30, 1995.
Pub. L. 103-416
Section 210 of the Immigration and Nationality Technical
Corrections Act of 1994 (INTC), Pub. L. 103-416, amended section 217 of
the INA extending the VWPP to September 30, 1996. Section 211 of INTC
created and established criteria for a new probationary qualification
status for countries which met the criteria for that status under the
VWPP and which were designated by the Secretary of State and the
Attorney General, acting jointly, as countries whose nationals benefit
from the waiver of the nonimmigrant B-1/B-2 visa requirement.
On March 28, 1995, the Department published an interim rule [59 FR
15872] to implement the provisions of sections 210 and 211 of Pub. L.
103-416. Ireland was determined to be the only country that met the
criteria set forth for such probationary qualification status. On July
8, 1996 Argentina was added as a non-probationary VWPP country [61 FR
35628] and Australia became a non-probationary participating country on
July 29, 1996 [61 FR 39318].
Pub. L. 104-208
On September 30, 1996 the President signed Pub. L. 104-208, the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996,
(IIRIRA). Section 635 of this law once again amended INA 217 by
extending the Program until September 30, 1997. This law also named the
Attorney General (in consultation with the Secretary of State) as the
principal designator of VWPP countries, eliminated probationary VWPP
qualification status and made countries then in probationary status
(Ireland being the only country) permanent participating VWPP countries
subject to the same disqualification criteria established for other
VWPP countries. On September 30, 1997, the Attorney General added
Slovenia as a participating country. [See 62 FR 51030.]
Pub. L. 105-173
Pub. L. 105-173 extended the VWPP through April 30, 2000. This law
also modified the statutory language relating to low visa refusal rates
that could extend the VWPP to additional countries previously unable to
qualify.
[[Page 42033]]
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,
Must meet statutorily prescribed limits on visa refusal
rates for the prior two year period, as well as the prior year;
Must meet statutorily prescribed limits on rates of
exclusion at ports of entry and on overstay rates,
Must have a machine readable passport program. VWPP
travelers must meet the following conditions:
They must present a valid passport;
They must be seeking entry into the United States for
business or pleasure;
They must be seeking entry into the United States for
ninety days or less (no extensions or changes/adjustments of status are
allowed);
They must possess an onward or return ticket if traveling
by air or sea;
They must not be ineligible under the Immigration and
Nationality Act;
They must agree to waive any right to appeal a denial of
entry.
Addition of Qualifying Countries
Portugal, Singapore and Uruguay
The Attorney General, in consultation with the Secretary of State,
has recently determined that Portugal, Singapore, and Uruguay have met
the statutory requirements of INA 217 and, effective August 9, 1999,
are eligible to participate in the Visa Waiver Pilot Program.
Interim Rule
The Department is promulgating this regulation in conjunction with
the Immigration and Naturalization Service (INS) because section 217 of
the INA, requires action by the Attorney General, in consultation with
the Secretary of State. [See INS Rule also published in this Federal
Register issue.]
The Department is implementing this regulation as an interim rule,
with a 30-day provision for post-promulgation public comments.
Publication as an interim rule is based upon the ``good cause''
exceptions set forth at 5 U.S.C. 553(b)(B) and 553(d)(3). Because this
rule will facilitate tourist and business travel to and from the
designated countries, delay for pre-promulgation public comment would
be contrary to the public interest.
In accordance with 5 U.S.C. 605(b) [Regulatory Flexibility Act],
the Department certifies that this rule does not have a ``significant
adverse economic impact'' on a substantial number of small entities,
because it is inapplicable. This rule is exempt from E.O. 12866
[Regulatory Planning and Review] but has been coordinated with the
Immigration and Naturalization Service because action by the Attorney
General is required under section 217 of the INA, as amended. The rule
imposes no reporting or record-keeping action from the public requiring
the approval of the Office of Management and Budget under the Paperwork
Reduction Act. The Department has reviewed the rule as required by E.O.
12988 [Civil Justice Reform] and certifies it to be in compliance
therewith.
List of Subjects in 22 CFR Part 41
Aliens, Nonimmigrants, Passports, Temporary visitors, Visas,
Waivers.
This interim rule, with request for comments, amends Part 41, Title
22 as follows:
PART 41--[AMENDED]
1. The authority citation for part 41 continues to read as follows:
Authority: 8 U.S.C. 1104.
Sec. 41.2 [Amended]
2. Amend paragraph (l)(2) of Sec. 41.2 by removing the period at
the end of the paragraph and adding `` `Portugal, Singapore and
Uruguay'' (effective August 9, 1999)'' at the end of the sentence.
Dated: June 25, 1999.
Mary A. Ryan,
Assistant Secretary for Consular Affairs.
[FR Doc. 99-19923 Filed 8-2-99; 8:45 am]
BILLING CODE 4710-06-P
