DOS Cable on Visa Changes from Macau's Reversion to China

December 10, 1999

UNCLAS STATE 233651
E.O. 12958: N/A
TAGS: CVIS

Subject: Impact On Visa Processing Of Macau's Reversion To Chinese Authority

Ref: (A) State 063244, (B) State 177750 (Notal), (C)State 208626 (Notal)

1. Summary. The reversion of Macau to Chinese authority on December 20, 1999, will introduce only slight changes to NIV processing for its residents. The current NIV reciprocity schedule for Macau will remain in effect and the new travel documents for Macau residents have been approved for U.S. visa issuance. The impact on IV processing will be greater: Congress recessed without taking action on legislation proposed by the administration to accord Macau residents a separate chargeability under the INA. As of December 20, Macau residents will be chargeable to the PRC for IV purposes and will not be eligible for the diversity visa program. End summary.

2. The Macau Special Administrative Region (MSAR) will issue two different travel documents to residents of Macau - the MSAR passport and the Macau travel permit. Both of these documents will be valid for U.S. visa issuance (see Ref B). The MSAR passport resembles that issued by the Hong Kong S.A.R. and will be issued to persons with the right of abode in Macau. Those individuals who have resided in Macau for less than the seven years required to establish right of abode will be issued travel permits.

3. Although the MSAR travel documents described above identify their bearers as Chinese nationals, they also reflect the bearers' permanent residence in MSAR. Posts issuing MRVS to bearers of either of the above documents should use "MAC" as the nationality code. The department has been informed that the MSAR will continue the current policy of visa-free entry for American citizens; therefore, the current reciprocity schedule for Macau will remain in effect (see 9 FAM, App C).

4. The reversion will have greater impact upon prospective immigrants from Macau. Under existing U.S. law, Macau natives will automatically become chargeable to the PRC for IV purposes and subject to the PRC's numerical limitation. Because chargeability is established by statute rather than by regulation, legislation is necessary to accord MSAR natives a separate chargeability (such as that accorded to HKSAR residents.) The administration has proposed such legislation, but congress recessed for the year without taking action on it.

5. Immediate impact on IV availability for persons born in Macau is unlikely since China is not oversubscribed. Demand for employment-based visa numbers is expected to increase in the near future, however, and if it becomes necessary to impose cut-off dates for China, Macau natives would be disadvantaged barring legislative action.

6. As of December 20, 1999, persons born in Macau will cease to be eligible for the diversity visa program. NVC flagged winning DV-99 entries from such persons and forwarded them for immediate processing so that this year's winners would not be disadvantaged by the reversion.

Madeleine Albright