Guam Visa Waiver Program; Taiwan

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]

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