[Federal Register Volume 64, Number 32 (Thursday, February 18, 1999)]
[Rules and Regulations]
[Pages 7998-7999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3983]
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DEPARTMENT OF STATE
22 CFR Part 41
[Public Notice 2926]
Documentation of Nonimmigrants Under the Immigration and
Nationality Act, as Amended--Waiver by Secretary of State and Attorney
General of Passport and/or Visa Requirements for Certain Categories of
Nonimmigrants
AGENCY: Department of State.
ACTION: Interim rule.
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SUMMARY: Current regulations contain a joint Secretary of State/
Attorney General (Secretary/AG) list of waivers of visas and/or
passports for certain nonimmigrants including a provision for nationals
of the British Virgin Islands (BVI) entering the United States (U.S.)
Virgin Islands. This rule extends that provision to include nationals
of the BVI who seek to enter the U.S. mainland temporarily for business
or pleasure through the port-of-entry at St. Thomas, U.S. Virgin
Islands.
DATES: This rule is effective February 18, 1999.
FOR FURTHER INFORMATION CONTACT: H. Edward Odom, Chief, Legislation and
Regulations Division, Visa Services, Department of State, Washington,
D.C. 20520-0106, (202) 663-1204.
SUPPLEMENTARY INFORMATION:
Why Is This Being Done?
The U.S. consulate at St. Johns, Antigua, is one of a number of
small posts the State Department has closed in recent years for
budgetary reasons. This has created a serious inconvenience for
nationals of the BVI who, if they wished to visit the United States,
have had to apply for a nonimmigrant visa by either going to Barbados,
the nearest consular office, or applying by mail which is time-
consuming. The BVI government asked that some ameliorating action be
taken if possible. The Department and the Immigration and
Naturalization Service (INS), after a joint study, decided that waiving
the nonimmigrant visa for visitors for business and pleasure was the
most appropriate way to ease the situation and still maintain the
safeguards of the Immigration and Nationality Act (INA).
What Is the Legal Basis for This Action?
Section 212(d)(4) of the INA provides that the Secretary and AG may
jointly waive visa and/or passport requirements on the basis of
reciprocity for nationals of foreign contiguous territories or adjacent
islands and residents thereof who have a common nationality with such
nationals. That is the basis for the current regulations at 22 CFR 41.2
and for their expansion with this rule.
What Is the Difference Between This and What Is Now in the
Regulations?
The current regulation only permits the entry of BVI nationals not
in possession of a valid visitor's visa into the U.S. Virgin Islands.
If they wish to enter any other part of the United States, they must
not only have a passport, but also a visa. This amendment will permit
visitors for business or pleasure, that is, persons described in INA
101(a)(15)(B), to enter without a visa if they meet certain other
requirements. They must have a Certificate of Good Character issued by
the Royal Virgin Islands Police Department, must leave through the port
of St. Thomas by air directly for the United States, and must satisfy
the immigration officer at that pre-inspection station that they are
admissible in all respects. A BVI national wishing to enter the United
States for any other purpose as a nonimmigrant must have a nonimmigrant
visa. See the Immigration and Naturalization Service rule published
elsewhere in this issue of the Federal Register.
Regulatory Analysis and Notices
Interim Rule
The implementation of this rule as an interim rule, with a 60-day
provision for post-promulgation public comments, is based on the ``good
cause'' exceptions set forth at 5. U.S.C. 553(b)(3)(B) and 553(d)(3).
It provides a benefit to the persons affected and thus to U.S.
businesses patronized by them. It also provides a significant workload
reduction for the Department. Delay of
[[Page 7999]]
the benefit for public notice and comment is unnecessary.
The Regulatory Flexibility Act
Pursuant to Sec. 605 of the Regulatory Flexibility Act, the
Department has assessed the potential impact of this rule, and the
Assistant Secretary for Consular Affairs hereby certifies that it is
not expected to have a significant economic impact on a substantial
number of small entities.
E.O. 12988 and E.O. 12866
This rule has been reviewed as required under E.O. 12998 and
determined to be in compliance therewith. This rule is exempt from
review under E.O. 12866, but has been reviewed internally by the
Department to ensure consistency therewith. The rule does not directly
affect states or local governments or Federal relationships and does
not create unfunded mandates.
5 U.S.C. Chapter 8
As required by 5 U.S.C., chapter 8, the Department has screened
this rule and determined that it is not a major rule, as defined in 5
U.S.C. 80412.
Paperwork Reduction Act
This rule will eliminate certain paperwork requirements, rather
than adding to them.
List of Subjects in 22 CFR Part 41
Aliens, Nonimmigrants, Passports and visas.
In view of the foregoing, 22 CFR part 41 is amended as follows:
PART 41--[AMENDED]
1. The authority citation for part 41 continues to read:
Authority: 8 U.S.C. 1104.
2. Section 41.2(f) is revised to read as follows:
* * * * *
Sec. 41.2 Waiver by Secretary of State and Attorney General of
passport and/or visa requirements for certain categories of
nonimmigrants.
(f) Nationals and residents of the British Virgin Islands.
(1) A national of the British Virgin Islands and resident therein
requires a passport but not a visa if proceeding to the United States
Virgin Islands.
(2) A national of the British Virgin Islands and resident therein
requires a passport but does not require a visa to apply for entry into
the United States if such applicant:
(i) Is proceeding by aircraft directly from St. Thomas, U.S. Virgin
Islands;
(ii) Is traveling to some other part of the United States solely
for the purpose of business or pleasure as described in INA
101(a)(15)(B);
(iii) Satisfies the examining U.S. Immigration officer at that port
of entry that he or she is admissible in all respects other than the
absence of a visa; and
(iv) Presents a current Certificate of Good Conduct issued by the
Royal Virgin Islands Police Department indicating that he or she has no
criminal record.
* * * * *
Dated: November 2, 1998.
Mary A. Ryan,
Assistant Secretary for Consular Affairs.
[FR Doc. 99-3983 Filed 2-17-99; 8:45 am]
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