Visas: Passports and Visas Not Required for Certain Nonimmigrants

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]

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