DOS on Sudanese Sanctions
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS PRIORITY
SPECIAL EMBASSY PROGRAM
SARAJEVO POUCH
BUJUMBURA POUCH
PARAMARIBO POUCH
UNCLAS STATE 228949
VISAS - INFORM CONSULS
E.O. 12958: N/A
TAGS: CVIS, SU
Subject: Impact of Sudanese Sanctions on Visa Adjudication
Ref: a) State 209094, b) State 5294
1. Summary: Per Ref A, Executive Order 13067 signed by President Clinton on November 3, 1997 imposed comprehensive economic sanctions against Sudan. With limited exceptions not likely to be relevant to visa matters, these sanctions took effect at 12:01 AM EST on November 4, 1997. In this cable, Department provides preliminary guidance on the Impact of these sanctions on Sudanese visa applicants. Security advisory opinion requests must be submitted for any Sudanese applicant post believes may be subject to Sudanese sanctions restrictions, as per Para 5. This SAO requirement is similar to security screening processes in place for other nationals against whom the U.S. has imposed economic sanctions. End summary.
Elements of Sudanese Sanctions
2. Section 1 of Executive Order 13067 blocks all property and interests in property of the government of Sudan that are in the United States, that come within the United States at a later time, or that are in the possession or control of any U.S. person. The government of Sudan (GOS) is defined to include the government of Sudan, its agencies, instrumentalitiles and controlled entities and the Central Bank of Sudan. Entities is defined to include partnerships, associations, trusts, joint ventures, corporations or other organizations. A U.S. person includes any U.S. citizen, permanent resident alien, entity organized under the laws of the U.S. (including foreign branches), and any person in the United States.
3. Section 2 of the Executive Order is also relevant to visa adjudication, as it includes several actions which are prohibited in the United States without OFAC licenses, including the following:
A) Importation into the U.S. of any goods or services of Sudanese origin (except informational materials);
B) Exportation (directly or indirectly) to Sudan of any goods, technology or services from the United States;
C) Performing contracts in support of projects in Sudan, facilitating exportation of goods, technology or services to Sudan, and granting credits or loans to the GOS. Certain transportation transactions to and from Sudan and the U.S. are also prohibited.
Sanctions' Impact on Sudanese Visa Applications
4. The executive order calls on the secretary of treasury to promulgate rules and regulations as necessary to carry out the order. Such regulations are currently being drafted. In the meantime, CA/VO is providing the following preliminary guidance on application of sanctions restrictions to Sudanese visa applicants.
5. CA/VO anticipates that sanctions may be relevant to the following categories of Sudanese applicants:
A) Individuals whose trip to the U.S. is being sponsored, supported and/or paid for by the government of Sudan, as defined in Para 2;
B) Individuals coming to the U.S. to engage in any type of business in any way involving Sudan;
C) Individuals applying to work in the U.S.;
D) Individuals who through their proposed activities in the U.S. may have access to sensitive technology (this includes students, conference attendees, training program attendees, etc.).
Security Advisory Opinion Requests Required
6. Posts are reminded that based on the November 22, 1996 Presidential Proclamation on Sudan (Ref B -- 212(f) for Sudan based on its state support for terrorism), SAO's must be submitted for members or officials of the Sudanese government or armed forces. [Note: CA/VO does not anticipate that officials coming for "A" or "G" visa purposes will be impacted by sanctions restrictions since OFAC licenses have been issued for GOS diplomatic entities' financial transactions in Washington, D.C. and New York. End note]
7. For any Sudanese applicant who is otherwise eligible for a visa and who falls into the categories in Para 5, or any applicant who post for other reasons feels may be affected by sanctions restrictions, please provide the following information in addition to standard data provided in SAO requests. Please key responses to alphabetical letters:
A) Source of financial support for U.S. trip (please be specific);
B) Occupation or current activity, workplace (please address whether workplace or employer falls within the definition for a Government of Sudan entity);
C) Specific activities planned in U.S., including contact names, company or school names, phone numbers, addresses and proposed itinerary;
D) Employment and academic history;
E) Area of expertise, interests (please be as specific as possible when post has concerns regarding technology transfer, citing type of service, commodity or information to be purchased, sold or traded; proposed level of access to technology, etc. If applicant plans to study, please try to determine future course of study, i.e. what does applicant plan to study after ESL classes? If applicant is attending conferences, meetings or speaking engagements, what precisely is the subject matter?);
F) Any post comments on applicant's ties to the Government of Sudan or proposed visit.
8. When preparing SAO requests, please use Visas Donkey Format with Visas Donkey Sudan in the subject line. Posts are requested to include DIRFBI as an addressee and to slug SAO cables to CA/VO/L/C, AF/E and EB/ESP.
Refusals
9. If the department determines that an applicant's planned activities in the U.S. would violate the provisions of Executive Order 13067, posts will be requested to refuse the applicant under section 212(i)(3)(a)(ii) of the INA, i.e. a reason to believe that the applicant seeks to enter the U.S. to engage solely, principally, or incidentally in any unlawful activity. Individuals applying to work in the U.S. may be subject to having their petitions returned to INS.
10. Department will make appropriate class entries on applicants who are found to be ineligible. 3A2 visa ineligibilities are refusals that generally remain in class as long as the sanctions regime is in place. However, a 3A2 finding requires a Consular Officer's determination that there is reason to believe that sanctions will be violated during a particular visit.
11. If an applicant previously determined to be ineligible for a visa under 3A2 is able to prove that sanctions would not apply to this trip (i.e. Government of Sudan no longer sponsoring trip, goods are to be sold elsewhere, etc.), posts may submit SAO requests with updated information on the applicant. If Department agrees that the applicant's current plans would not violate Sudanese sanctions, posts will be instructed to issue a one-entry visa annotated to show that the 3A2 ineligibility does not apply to this trip.
Questions
12. If posts have any questions or concerns regarding this guidance, please contact CA/VO/L/C.
Strobe Talbott