DOS Cable Re Trade with Yugoslavia
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS IMMEDIATE
SPECIAL EMBASSY PROGRAM
DOHA POUCH
TIRANA POUCH
UNCLAS STATE 066487
VISAS, INFORM CONSULS
E.O. 12958: N/A
TAGS: CVIS
SUBJECT: SAOS FOR VISA APPLICANTS WHOSE PLANNED ACTIVITIES
IN U.S. WOULD VIOLATE PROHIBITIONS AGAINST THE FRY
1. TITLE 31 OF THE CODE OF FEDERAL REGULATIONS, PART 585,
PROHIBITS A NUMBER OF TRANSACTIONS INVOLVING THE FEDERAL
REPUBLIC OF YUGOSLAVIA (FRY). BEFORE ITS RECENT CLOSING,
AMEMBASSY BELGRADE IDENTIFIED A NUMBER OF APPLICANTS AS
POTENTIAL VIOLATORS OF THESE REGULATIONS, AND SOUGHT SAOS
FROM THE DEPARTMENT. SEVERAL WERE FOUND TO BE INELIGIBLE
UNDER SECTION 212(A) (3) (A) (LITTLE I) OR (LITTLE II) OF THE
IMMIGRATION AND NATIONALITY ACT, WHICH RENDERS INELIGIBLE
ANY ALIEN WHO A CONSULAR OFFICER HAS REASON TO BELIEVE
SEEKS TO ENTER THE U.S. TO ENGAGE SOLELY, PRINCIPALLY, OR
INCIDENTALLY IN ANY ACTIVITY TO VIOLATE OR EVADE ANY LAW
PROHIBITING THE EXPORT FROM THE U.S. OF GOODS OR
TECHNOLOGY, OR IN ANY OTHER UNLAWFUL ACTIVITY.
2. GIVEN AMEMBASSY BELGRADE'S RECENT CLOSING, DEPARTMENT
ANTICIPATES THAT PERSONS SEEKING TO TRAVEL TO THE U.S FOR
ACTIVITIES WHICH VIOLATE THE 31 CFR PART 585 PROHIBITIONS
MAY APPLY AT OTHER POSTS. SHOULD POSTS RECEIVE
APPLICATIONS FROM PERSONS WHOM THEY BELIEVE ARE COMING TO
THE U.S. FOR ACTIVITIES WHICH MAY RENDER THEM INELIGIBLE
UNDER 212(A) (3) (A), A REQUEST FOR SECURITY ADVISORY
OPINION, SLUGGED FOR CA/VO/L/C AND CA/VO/L/A, SHOULD BE
SUBMITTED.
3. BEGIN TEXT OF EXCERPTS FROM 31 CFR 585:
"EXCEPT AS OTHERWISE AUTHORIZED, NB GOODS, TECHNOLOGYOR
SERVICES, EITHER (A) FROM THE UNITED STATES, (B) REQUIRING
THE ISSUANCE OF A LICENSE BY A FEDERAL AGENCY, OR (C)
INVOLVING THE USE OF U.S.- REGISTERED VESSELS OR AIRCRAFT,
MAY BE EXPORTED DIRECTLY OR INDIRECTLY, TO THE FRY, OR TO
ANY ENTITY OPERATED FROM THE FRY, OR OWNED OR CONTROLLED BY
THE GOVERNMENT OF THE FRY."
"EXCEPT AS OTHERWISE AUTHORIZED, NO U.S. PERSON MAY DEAL
IN (A) PROPERTY ORIGINATING FROM IN THE FRY AND EXPORTED
FROM THE FRY AFTER MAY 30, 1992, OR (B) PROPERTY INTENDED
FOR EXPORTATION FROM THE FRY TO ANY COUNTRY, OR FOR
EXPORTATION TO THE FRY FROM ANY COUNTRY, OR (C) PROPERTY
BEING TRANSSHIPPED THROUGH THE FRY, OR IN ANY ACTIVITY OF
ANY KIND THAT PROMOTES OR IS INTENDED TO PROMOTE SUCH
DEALING."
"EXCEPT AS OTHERWISE AUTHORIZED, NO U.S. PERSON MAY
PERFORM ANY CONTRACT, INCLUDING A FINANCING CONTRACT, IN
SUPPORT OF AN INDUSTRIAL, COMMERCIAL, PUBLIC UTILITY, OR
GOVERNMENTAL PROJECT IN THE FRY."
"EXCEPT AS OTHERWISE AUTHORIZED, NO U.S. PERSON MAY
COMMIT OR TRANSFER, DIRECTLY OR INDIRECTLY, FUNDS OR OTHER
FINANCIAL OR ECONOMIC RESOURCES TO OR FOR THE BENEFIT OF
THE GOVERNMENT OF THE FRY OR ANY PERSON IN THE FRY."
"EXCEPT AS OTHERWISE AUTHORIZED, TRANSACTIONS IN THE
UNITED STATES OR BY A U.S. PERSON RELATED TO PARTICIPATION
IN SPORTING EVENTS IN THE UNITED STATES BY PERSONS OR
GROUPS REPRESENTING THE FRY ARE PROHIBITED."
"EXCEPT AS OTHERWISE AUTHORIZED, TRANSACTIONS IN THE U.S.
OR BY A U.S. PERSON RELATED TO SCIENTIFIC AND TECHNICAL
COOPERATION AND CULTURAL EXCHANGES INVOLVING PERSONS OR
GROUPS OFFICIALLY SPONSORED BY OR REPRESENTING THE FRY, OR
RELATED TO VISITS TO THE U.S. BY SUCH PERSONS OR GROUPS
OTHER THAN AS AUTHORIZED FOR THE PURPOSE OF PARTICIPATION
AT THE UN, ARE PROHIBITED."
--EXCEPT AS OTHERWISE AUTHORIZED, ANY DEALING BY A U.S.
PERSON "RELATING TO THE IMPORTATION FROM, EXPORTATION TO,
OR TRANSSHIPMENT OF GOODS THROUGH THE UN PROTECTED AREAS
IN THE REPUBLIC OF CROATIA AND THOSE AREAS OF THE REPUBLIC
OF BOSNIA AND HERZEGOVINA UNDER THE CONTROL OF BOSNIAN SERB
FORCES...AND THE PROVISION OR EXPORTATION OF SERVICES TO
THOSE AREAS OF THE REPUBLIC OF BOSNIA AND HERZEGOVINA UNDER
THE CONTROL OF BOSNIAN SERB FORCES" IS PROHIBITED.
--"ANY TRANSACTION FOR THE PURPOSE OF, OR WHICH HAS THE
EFFECT OF, EVAIDING OR AVOIDING, OR WHICH FACILITATES THE
EVASION OR AVOIDANCE OF, ANY OF THE PROHIBITIONS...IS HEREBY
PROHIBITED. ANY ATTEMPT TO VIOLATE THE PROHIBITIONS SET
FORTHIS HEREBY PROHIBITED. ANY CONSPIRACY FORMED FOR THE
PURPOSE OF ENGAGING IN A TRANSACTION PROHIBITED...PART IS
HEREBY PROHIBITED."
4 THE ABOVE EXCERPTS ARE AN ATTEMPT TO HIGHLIGHT FOR
POSTS THE PROVISIONS OF 31 CFR PART 585 WHICH ARE MOST
LIKELY TO RESULT IN A QUESTION OF VISA INELIGIBILITY UNDER
INA SECTION 212(A) (3) (A) . THE FULL TEXT OF PART 585 IS 29
PAGES LONG, CONTAINS NUMEROUS EXCEPTIONS AND DEFINITIONS,
AND IS AVAILABLE ON THE WEB FOR POSTS SEEKING MORE
INFORMATION. IN GENERAL, POSTS SHOULD NOT ATTEMPT TO
INTERPRET THESE COMPLEX REGULATIONS, BUT SHOULD ASK THE
DEPARTMENT TO DO SO IN ANY CASE WHICH APPEARS TO CONTAIN A
212(A) (3) (A) VIOLATION.
ALBRIGHT