DOS Cable Revises Clearance Procedures for Certain Cases

UNCLAS STATE 153587
FOR CONSULAR SECTION CHIEFS

E.O. 12958: N/A
TAGS: CVIS
SUBJECT: STANDARD OPERATING PROCEDURES NO. 22: REVISION TO
VISAS MANTIS CLEARANCE PROCEDURE

REF: A) 99 STATE 158241 B) 02 STATE 139546 C) 03 STATE
29840

1. This is to advise posts of a change in clearance procedures for certain categories of applicants subject to Visas Mantis. Length of validity of clearances for these applicants is being extended to one year provided certain conditions are met.

2. Ref A established a clearance procedure known at the time as Visas Eagle Mantis for applicants of any nationality, coming to the U.S. at the invitation of a USG entity to engage in activity involving any of the sensitive technologies on the Technology Alert List. Posts were able to issue visas in those cases after a 10-working day suspense period unless otherwise directed by the Department. That provision was terminated by Ref B, which requires posts to receive an affirmative response from the Department before a visa can be issued.

3. The original Ref A instructions also stated that such clearance was valid for the duration of the individual's activity in the U.S. This meant that individuals whose visas had expired but were still in legal status could depart the U.S. and receive a new visa without going through the Mantis clearance procedure again, as long as they were returning to the same program and same duties and responsibilities within that program. In those instances posts were required only to submit a post-check Eagle Mantis cable upon visa issuance. Because Ref B terminated all post-check Eagle procedures, this option has not been available to posts since transmission of Ref B.

4. Following inter-agency consultations, Department is reinstating post-check visas and a longer validity clearance for certain Visas Mantis applicants as described below. Upon receipt of this cable posts will no longer need to seek a Visas Mantis clearance in advance of visa issuance if all/rpt/all of the following conditions are met:

a) The applicant is returning to a USG-sponsored program or activity and will perform the same duties/functions at the same facility or organization that was the basis for the original Mantis authorization.
b) Post has evidence from its own records, from an annotation on the visa or from the original visa issuing post that a Mantis authorization was received for the applicant for this program or activity.
c) Upon issuance of the visa post sends to Department a post-check Visas Mantis cable containing all of the information normally in such a cable, as well as providing the date of visa issuance. The last words of the subject line should be "post-check" and the last paragraph of the cable should indicate the date the visa was issued.

5. Provided all the above conditions have been met, clearances will be valid for up to one year. This means that visas issued pursuant to the above conditions may not be valid for more than 12 months, regardless of the maximum visa reciprocity otherwise available to the applicant. To facilitate such re-issuances posts are reminded of the importance of properly annotating visas when the original Mantis clearance is received. Such annotations should include the name of the USG sponsor as well as the date and MRN of the authorization cable. So, for example, the annotation for an applicant authorized to visit the Sandia National Laboratories in  Albuquerque, New Mexico would read as follows:

"Sandia National Lab; Mantis Authorization per State xxxxx"

6. Ref C terminated the use of the "Eagle Mantis" designator, and instructed posts to use only the "Mantis" designator unless there were CLASS hits relating to the applicant. Posts were requested to use the "Donkey Mantis" designator for Mantis cases with CLASS hits. Posts now should use just the "Mantis" designator for all cases which are being submitted for review under the Mantis criteria, but still must note any CLASS hits that post believes apply to the applicant. Posts may create a template for VISAS MANTIS if they have not already done so, using either the EAGLE MANTIS or  DONKEY MANTIS cable template as the basis. Posts cannot remove the requirement for either selecting hits or marking the cable as class hits negative.

7. Posts may direct any questions they have on this procedure to CA/VO/L/C.

POWELL