Clearance Procedures Reduced for Certain Cases
DOS Cable
Clearance Procedures Reduced for Certain Cases
August 24, 1999
Unclas State 158241
Visas
E.O. 12958: N/A
Tags: CVIS
Subject: Visas Mantis Program Modified
Ref: (A) 98 State 15852, (B) 98 State 25367 (C) 98 State 173447 (Notal)
Summary. Effective upon receipt of this interagency coordinated guidance cable, all visa issuing posts may begin using the visas eagle mantis procedure to process all visa cases which fall under the purview of section 212(a)(3)(A)(i)(ii) of the immigration and nationality act (INA) for visa applicants participating in USG-sponsored repeat USG-sponsored programs. The visas eagle mantis procedure allows visa issuing posts to process a case to conclusion after a ten working-day suspense period. Additionally, the visas donkey mantis requirement does not apply to student visa applicants (F-1) under 30 years of age who are in undergraduate programs, unless they are nationals from a country on the list of state sponsors of terrorism (see paragraph four below). For additional information on mantis procedures for students (F-1) and exchange visitors (J-1), please review paragraph twelve (12) below. Finally, please be mindful that the indicators splex, chinex and vietex have all been replaced with mantis. This message supercedes reftels a and b, except that the china posts should continue to be guided by Reftel C instructions. End summary.
Why Visas Mantis?
2. The mantis program was developed due to law enforcement/intelligence community concern that U.S. produced goods and information are vulnerable to theft. Cases that posts formerly may have flagged for review using a visas splex, chinex or vietex indicator, must now be flagged using the visas mantis indicator. While the splex, chinex and vietex were post-check name check procedures that focused on nationalities from finite geographic areas (the former Warsaw pact, China and Vietnam), the mantis is a pre-check name check procedure designed for worldwide application. the primary program security objectives are:
To stem the proliferation of weapons of mass destruction and missile delivery systems;
Restrain the development of destabilizing conventional military capabilities in certain regions of the world;
Prevent the transfer of arms and sensitive dual-use items to terrorist states;
And maintain U.S. advantages in certain militarily critical technologies.
Two Major Modifications
3. After eighteen (18) months of experience with the worldwide visas donkey mantis requirement and, in light of success with a visas eagle mantis requirement in china, the visa office, after consultation with the law enforcement/intelligence community, has determined it is feasible to expand the implementation of the visas eagle mantis procedure on a worldwide basis for all USG-sponsored programs. Visa issuing posts in countries that have submitted the highest volume of visas donkey mantis cables (Germany, India, Japan, Pakistan, Russia) may find that the visas eagle mantis procedure will reduce processing time for some visa applicants and minimize anxiety for U.S. government (USG) program sponsors.
A. Visas Eagle Mantis vs. Visas Donkey Mantis
(1) Visas eagle mantis and visas donkey mantis are pre-check name check procedures used for visa applicants in any visa category, when an applicant falls under the purview of INA section 212(a)(3)(A)(i)(ii).
The visas eagle mantis procedure is a no-response pre-check procedure that permits a visa issuing post to process a case to conclusion after a ten-working day suspense period. Post is not required to await a Department reply. This procedure may be used for all USG-sponsored visa applicants, including but not limited to U.S. government agencies/entities such as department of energy (DOE), a doe-contracted national laboratory, USAID, USIA, department of defense (DOD), DOD-contract agents, NASA, etc.
Posts should forward time-sensitive cases that cannot wait until the conclusion of the ten working-day suspense period to VO as visas donkey mantis, noting it is an expedited request in the subject line. The cable text must include the reason expedited handling has been requested (i.e., unforeseen imminent travel, medical emergency).
(2) The visas donkey mantis procedure is a pre-check procedure that requires a visa issuing post to await department authorization before it may process a case to conclusion. It is used for any visa applicant subject to (3)(A)(i)(ii) who does not qualify for the visas eagle mantis procedure.
B. Duration of Mantis
Unless otherwise notified, a visas mantis clearance (eagle or donkey) will remain in effect for the duration of the USG-sponsored applicant's program, provided there are no changes in the organization for which subject works or in the subject's program. In other words, as long as a subject will perform the same duties/functions and will conduct the same work assignment/participate in the same program at the same facility/organization, post will not be required to initiate a new visas mantis review. A change in the duties/function or assignment/program or facility/organization would demand a new mantis review. During the course of the visa interview, Conoffs must inquire whether anything has changed in the applicant's program.
This particular modification to the mantis program should prove beneficial to posts adjudicating visa applications of nationals from countries that do not have liberal reciprocity schedules. For example, in the past, when mantis-cleared nationals from the people's republic of china (PRC) briefly departed the u.s. to participate in conferences outside the u.s., some posts have sent visas mantis cables on the PRC nationals to allow their return to the same national laboratory assignment or university program that was vacated only a few days/weeks prior.
Although a new mantis cable (or a new mantis review) in such cases will no longer be required, post are requested to send a visas eagle mantis cable on a post-check repeat post-check basis in such cases. See paragraph twelve (12) for more information.
The prior visa may serve as proof the applicant previously completed the mantis clearance process. Henceforth, posts may assist with the tracking of mantis clearance by annotating the visa with the visas eagle mantis cable number (for example, eagle mantis 99 post 999999) or, in the case of visas donkey mantis, the state authorization cable number (for example, donkey mantis 99 State 999999).
State Sponsors of Terrorism
4. When determining whether to send a visas eagle mantis or visas donkey mantis cable, please be mindful that a visas donkey mantis cable is mandatory for all applicants, bearing passports of or employed by states designated as state sponsors of terrorism, who seek to engage in a commercial exchange or academic pursuit involved in one of the critical fields on the technology alert list.
Presently, seven countries are on the department's list of state sponsors of terrorism: Cuba, Libya, Iran, Iraq, North Korea, Sudan and Syria.
Non Proliferation Export Control
5. Visa issuing posts must also be alert to cases involving any foreign nationals affiliated with the entities in a region subject to the nonproliferation export control regulations (China, India, Israel, Pakistan and Russia). For example, the visa interview may reveal that employees from a nuclear research center from certain countries may require a visas eagle mantis (if USG-sponsored) cable or visas donkey mantis cable (if not USG-sponsored). The entities list was published in the federal register, Volume 63, No. 233, dated November 19, 1998, pages 64325 to 64342.
For the convenience of visa issuing posts, the list is accessible on the ca intranet at http://caweb/ipsanction.pdf it is also accessible at www.gpo.gov/bxa or on the commerce department web pages for the bureau of export administration under the heading -- entity list.
Consul's judgment
6. Some visa issuing posts have submitted cases for mantis review when no apparent aspects of the case fall under the purview of INA section 212(a)(3)(A) (i)(ii). That section of the INA states: quote any alien who a consular officer or the attorney general knows, or has reasonable ground to believe, seeks to enter the united states to engage solely, principally, or incidentally in any activity to violate or evade any law prohibiting the export from the united states of goods, technology, or sensitive information is excludable end quote. For example, an oncologist conducting research in his/her field or attending a medical conference would not require a mantis review. Additionally, there may be persons engaged in research or scientific pursuits which appear on the Technology Alert List (TAL), but for which there is no reasonable ground to believe the visa applicant will engage in an activity that violates u.s. export law. For example, an engineer participating in an open conference on computer-related technology may not require a mantis review, but the same engineer may require a mantis review if he later applied for a visa to conduct a work assignment related to advanced computers (supercomputing).
In sum, if post has reason to believe (3)(A)(i)(ii) does not apply, then a mantis cable (eagle or donkey) is not mandatory. Also, while the TAL is a tool for recognizing possible illegal technology transfer, it is not the sole means for identifying such cases. When in doubt, posts are encouraged to submit cases for mantis review. China posts should continue to be guided by the instructions in Reftel C.
Technology Alert List (TAL)
7. The department has recommended that the relevant USG agencies provide a revised/updated TAL. The department will transmit an updated TAL to posts abroad as soon as one becomes available. In the interim, the sixteen (16) categories on the TAL are:
A. Conventional munitions: technologies associated with warhead and large caliber projectiles, fusing and arming systems;
B. Nuclear Technology: Technologies associated with the production and use of nuclear material for military applications;
C. Missile/missile Technology: Technologies associated with air vehicles and unmanned missile systems;
D. Aircraft and Missile Propulsion and Vehicular Systems: Technologies associated with liquid and solid rocket propulsion systems, missile propulsion, rocket staging/separation mechanisms, aerospace thermal and high- performance structures;
E. Navigation and guidance control: technologies associated with the delivery and accuracy of unguided and guided weapons, such as tracking and homing devices, internal navigation systems, vehicle and flight control systems;
F. Chemical and Biotechnology Engineering: Technologies associated with the development or production of biological and toxin agents, pathogenics, biological weapons research;
G. Remote Imaging and Reconnaissance: Technologies associated with military reconnaissance efforts, such as drones, remotely piloted or unmanned vehicles, imagery systems, high resolution cameras;
H. Advanced Computer/Microelectronic Technology: Technologies associated with superconductivity supercomputing, microcomputer compensated crystal oscillators;
I. Materials Technology: Technologies related to the production of composite materials for structural functions in aircraft, spacecraft, undersea vehicles and missiles;
J. Information Security: Technologies associated with cryptographic systems to ensure secrecy of communications;
K. Lasers and Directed Energy Systems: Technologies associated with laser guided bombs, ranging devices, countering missiles;
L. Sensors: Technology associated with marine acoustics, missile launch calibration, night vision devices, high speed photographic equipment;
M. Marine Technology: Technology associated with submarines and deep submersible vessels, marine propulsion systems designed for undersea use and navigation, radar, acoustic/non-acoustic detection;
N. Robotics: Technologies associated with artificial intelligence, computer-controlled machine tools;
0. Advanced Ceramics: Technologies related to the production of tanks, military vehicles and weapons systems;
P. High Performance Metals and Alloys: Technologies associated with military applications.
Thoroughness Most Expedient
8. It is of upmost importance that posts provide detailed information in the visas eagle mantis or visas donkey mantis format, whichever is applicable. The most frequent complaint raised by other USG agencies is that security advisory opinions (SAO) or name check cables contain vague or incomplete information. Cables that do not contain sponsor (or project manager) and contact information or which do not state the specific purpose of visit, itinerary, etc. Will delay the traveller. VO will, at the request of other USG agencies, instruct posts to suspend the processing of a visa case in order to obtain the additional information. The mantis review turnaround time will be directly affected by the completeness of the information in the mantis cable or SAO.
Note: following is the sample visas eagle mantis cable format showing the minimum information required. Please bear in mind that a visas eagle mantis cable should be as thorough as a visas donkey mantis cable. The significant difference between the two procedures is the processing time, ten-day no response suspense period for the former and awaiting department reply to proceed for the latter. To facilitate cable distribution, visa issuing posts are requested to include the abbreviated nationality code (see 9 FAM Part IV, appendix i, exhibit viii) in the subject line, such as illustrated in the sample cable format below.
End Note.
Sample Visa Mantis Cable Format (Minimum Required Info):
Subject: visas eagle mantis - chin - usg-sponsored program
or
Subject: Visas Donkey Mantis - RUS - USG-Sponsored Program
Tags: CVIS, PARM, CM (Surname, Firstname)
A) Full Name (standard telegraphic code, if applicable)
B) Date of Birth
C) Place of Birth
D) Gender
E) PPT Number
F) Visa Type
G) Purpose of Visit
H) Full Itinerary (each u.s. location together with point of contact's/program manager's address and tel. number)
G) Field of Study, occupation or specialization
H) Employer's contact address and phone number
I) U.S. sponsor's contact address and telephone number (if different from employer or program manager)
J) Applicant's U.S. address and telephone number
K) Remarks
Pre-Clearances
9. Some USG-sponsoring agencies have inquired whether it is possible to pre-clear program participants. VO and the law enforcement/intelligence community have determined that it will not be possible to pre-clear individual visa applicants as a matter of routine, due to the high volume of cases and the limited resources available to conduct individual pre-clearances. On the other hand, it was determined that USG-sponsoring agencies could facilitate the mantis review for participants in a given program in the long term by providing to the law enforcement/intelligence community a program description that may satisfy concerns regarding the planned activities for visa applicants visiting the u.s. as participants in such program. We are hopeful that once a database on the pre-cleared USG-sponsored programs is established, more familiarity with a program will facilitate processing for individual applicants, since only the applicant's biographical data and occupational history would be reported as new information. Replacement program participants presumably would be processed expeditiously because the program would already be familiar to all the concerned agencies and the only new information would be the visa applicant's biographical information and his travel-related data.
10. While we expect most program pre-clearance requests will be initiated in the U.S., we anticipate some USG-sponsoring agencies with representation at U.S. posts abroad may wish to initiate program pre-clearance requests for some programs. Program pre-clearance requests initiated by u.s. posts abroad, should be submitted only in the visas donkey mantis format, as the interagency review for a USG-sponsored program will take more than fifteen (15) working days to complete. The visa office's role in the interagency program pre-clearance process will be to:
A) send an acknowledgement (no later than fifteen working days) of having received post's request for a program pre-clearance and, b) send the subsequent notification to post reporting the interagency decision on the program pre-clearance request.
Sample Program Pre-Clearance Request Cable Format:
Subject: Visas Donkey Mantis - Program Title and Number
Tags: CVIS, PARM
A) Name of USG Sponsoring Agency
B) Participating Foreign Entity
C) Total Number Of Foreign National Participants - 60
D) Description - This is a three-year program designed..
E) Facility/Organization Address and Telephone Number
F) Program manager/sponsor contact address and tel. number
G) List the name, DPOB, occupation and approximate length of stay for each foreign national participant.
11. VO also has other options under consideration to facilitate visa processing for mantis-related cases. For example, one USG-sponsoring agency raised the possibility of having client offices, such as the national laboratories, prepare mantis cables (eagle or donkey) in the u.s. before the visa applicant applies for a visa. If the preparation of U.S.-based mantis cables becomes feasible, processing time for visa applicants will be greatly minimized.
Students, Exchange Visitors, Temporary Workers
12. Posts occasionally inquire whether a new visas mantis (eagle or donkey) cable is required for students (F-1), exchange visitors (J-1), or temporary workers (H-1) who have briefly departed the u.s. to attend conferences or make other short visits outside of the U.S. effective immediately, any F-1, J-1 and H-1 visa applicant (regardless of nationality) who has departed the u.s. for a short term -- not more than thirty (30) days -- does not require a new mantis cable (donkey or ten-day eagle).
However, posts are instructed to send a visas eagle mantis cable on a post-check repeat post-check basis for any applicant who falls in this category. Please note in the subject line, returning scholar, returning exchange visitor or returning temporary worker, whichever is applicable, and include in the remarks the nature of the conference the applicant attended or the nature of business the applicant conducted while outside the u.s. this exceptional post-check visas eagle mantis procedure should facilitate travel for nationals from countries with a conservative visa reciprocity schedule.
Conclusion
13. VO welcomes any comments or suggestions posts may have to streamline the visas mantis program. Posts' continued cooperation on the mantis program, which plays a vital role in the u.s. national security arena, is appreciated.
Madeleine Albright