Adding Portugal, Singapore and Uruguay to the List of Countries Authorized To Participate in the Visa Waiver Pilot Program

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

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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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