DOS Cable on Russians becoming TWOV Eligible

UNCLASSIFIED TELEGRAM

June 16, 2001

To: ALL DIPLOMATIC AND CONSULAR POSTS - ROUTINE

Origin: VO

From: SECSTATE WASHDC (STATE 105803 - ROUTINE)

TAGS: CVIS

Captions: None

Subject: RUSSIA REMOVED FROM TWOV INELIGIBLE LIST

Ref: A) FEDERAL REGISTER, JUNE 15, 2001, PUBLIC NOTICE 3697,

PAGE 32540-32541 B) STATE 064446

1. Summary: The Department of State and the Immigration

and Naturalization Service jointly published interim rules

in the Federal Register on June 15, 2001, which remove

Russia from the list of countries that are ineligible to

Transit Without Visa (TWOV), see Reftel B.

2. Section 212(d)(4)(A) of the Immigration and

Nationality Act permits the U.S. Secretary of State,

acting jointly with the Attorney General, to waive the

visa requirement for certain aliens in direct transit

through the United States. This waiver allows an alien to

transit the United States without a visa provided the

alien is traveling on a carrier signatory to an agreement

with the U.S. Immigration and Naturalization Service (INS)

and provided the alien bears documentation establishing

identity and nationality which would permit the alien's

entry into another country. Onward proof of travel to a

destination outside the United States may also be

required.

3. On January 5, 2001, the Department of State and INS

published in the Federal Register a list of countries

ineligible for TWOV privileges, which included Russia,

(Reftel B). Public comments received after this list was

published expressed concern about the commercial impact

caused by placing Russia on the TWOV-ineligible list.

According to the new interim rule published on June 15,

2001 by the State Department, "the withdrawal of TWOV

privileges for Russia would discourage travel by Russian

nationals and thus would have a serious negative impact on

airline and port-of-entry revenues."

4. The revised list of TWOV-ineligible countries is

effective June 15, 2001, the date the interim rules were

published in the Federal Register.

5. INS has already informed all airlines and

international air travel organizations of the change in

the list.

6. Minimize considered.

POWELL