Security Clearances for West Balkan Nationals
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS
SPECIAL EMBASSY PROGRAM
POUCH BELGRADE
POUCH FREETOWN
POUCH DUSHANBE
POUCH PRISTINA
UNCLAS STATE 124469
VISAS, INFORM CONSULS
E.O. 12958: N/A
TAGS: CVIS
SUBJECT: PRESIDENTIAL 212(F) FOR THE WESTERN
BALKANS
REF: STATE 109933
1. SUMMARY: On June 26, 2001, The President signed a proclamation under 212(f) of the INA, which provides greater flexibility in denying visas to certain categories of persons in the Balkans. The Visa Office is entering suspected offenders into CLASS Lookout. Posts will be required to submit SAOs to the Department. The Department will be reviewing whether the previous 212(f) proclamations for Bosnia and for the FRY should now be terminated. The full text of the Presidential Proclamation follows at the end of this cable. END SUMMARY.
2. BACKGROUND: On June 26, 2001, the President signed a new 212(f) proclamation for the Western Balkans. This proclamation gives authority for suspending the entry of certain categories of individuals into the United States. The proclamation states that these categories include those "who seek to undermine peace, stability, reconciliation or democratic development in any area or state of the Western Balkans region." Although no specific nationalities are named, the primary targets of this proclamation are individuals who have been identified as obstructing the Dayton Peace Accords in Bosnia and Herzegovina and those who are seen to be attempting to destabilize Kosovo and Macedonia. In addition, those believed to be responsible for wartime atrocities in the region since 1991 are also included under this proclamation. It has been proposed that previous 212(f) proclamations for Bosnia and the Former Republic of Yugoslavia (FRY) be terminated in the near future as obsolete or redundant.
3. NEW SAO REQUIREMENTS: VO is entering the names of suspected offenders into CLASS Lookout as we get them from EUR. As with any 00 hit, Posts are expected to send in a Security Advisory Opinion (SAO). These SAOs should be in Donkey or Bear format as appropriate and should be slugged for CA/VO/L/C and EUR/SCE. The Departments response is required prior to visa issuance. In addition, there may be individuals who are not in CLASS, but about whom Posts may have suspicions. Posts are encouraged to send in SAOs to VO/L/C for anyone whom they believe may be affected by the limitations of the 212(f), regardless of the results of the CLASS namecheck.
4. WE NEED YOUR HELP: Posts in the region are also requested to pass to EUR/SCE the names of any suspected offenders that may come to their attention so that their names can be entered into CLASS.
5. NEED OUR HELP? Posts should not hesitate to consult VO/L/C (Julie Moyes until August 10, 2001 and Matthew Victor after that)for advice in implementing this proclamation.
6 The
full text of the Presidential Proclamation follows:
Begin text:
The United States has a vital interest in
assuring peace
and stability in Europe. In the western
Balkans, the United
States is engaged, together with the North
Atlantic Treaty
Organization allies, the Organization for
Security and
Cooperation in Europe, United Nations
missions, the
European Union, and other international
organizations in an
effort to achieve peace, stability,
reconciliation, and
democratic development and to facilitate the
region's
integration into the European mainstream. The
United States
views full implementation of the Dayton Peace
accords in
Bosnia and United Nations Security Council
Resolution 1244
in Kosovo as critical to these efforts.
In furtherance of these objectives, the United States has provided military, diplomatic, financial, and logistical support to international institutions established in the region and to civil and security authorities. The United States has a direct and significant interest in the success of such initiatives and in the safety of personnel involved in them, including numerous United States military and government officials.
In light of these objectives, I have determined that it is in the interests of the United States to restrict the entry into the United States of persons responsible for actions that threaten international stabilization efforts in the western Balkans region, and of persons responsible for wartime atrocities committed in that region since 1991.
Now, therefore, I, George W. Bush, President of the United States of America, by the authority vested in me by the Constitution and laws of the United States, including section 212(f) of the Immigration and Nationality Act of 1952, as amended (8 U.S.C. 1182(f)), and section 301 of Title 3, United States Code, hereby find that the unrestricted immigrant and nonimmigrant entry into the United States of persons described in section 1 of this roclamation would, except as provided for in sections 2 and 3 of this proclamation, be detrimental to the interests of the United States. I, therefore, hereby proclaim that:
Section 1. The immigrant and nonimmigrant entry into the United States of the following persons is hereby suspended:
(a) Persons who, through violent or other acts: (I) seek to obstruct the implementation of the Dayton Peace Accords (the "Dayton Agreements") or United Nations Security Council Resolution 1244 of June 10, 1999; (II) seek to undermine the authority or security of the United Nations Interim Administration Mission in Kosovo, the international security presence in Kosovo known as the Kosovo Force, the office of the High Representative in Bosnia and Herzegovina, the international security presence in Bosnia known as the Stabilization Force, the Organization for Security and Cooperation in Europe, the International Criminal tribunal for the former Yugoslavia, or other international organizations and entities present in the region pursuant to the Dayton agreement or United Nations Security Council resolutions, including but not limited to resolutions 827, 1031, and 1244; (iii) seek to intimidate or to prevent displaced persons or refugees from returning to their places of residence in any area or state of the Western Balkans region; or (iv) otherwise seek to undermine peace, stability, reconciliation, or democratic development in any area or state of the western Balkans region.
(b) Persons who are responsible for directing, planning, or carrying out wartime atrocities, including but not limited to acts in furtherance of "ethnic cleansing," committed in any area or state of the Western Balkans region since 1991.
Sec. 2. Section 1 of this proclamation shall not apply with respect to any person otherwise covered by section 1 where entry of such person would not be contrary to the interest of the United States.
Sec. 3. Persons covered by sections 1 and 2 of this proclamation shall be identified by the Secretary of State or the Secretary's designee, in his or her sole discretion, pursuant to such procedures as the Secretary may establish under section 5 of this proclamation.
Sec. 4. Nothing in this proclamation shall be construed to derogate from United States government obligations under applicable international agreements.
Sec. 5. The Secretary of State shall have responsibility for implementing this proclamation pursuant to such procedures as the Secretary may establish.
Sec. 6. This proclamation is effective immediately and shall remain in effect until such time as the Secretary of State determines that it is no longer necessary and should be terminated, either in whole or in part. The Secretary of State shall advise the Attorney General of such determination, which shall become effective upon publication in the federal register.
In witness whereof, I have hereunto set my hand this twenty-sixth day of June, in the year of our Lord two thousand one, and of the independence of the United States of America the two hundred and twenty-fifth.
End Text.
Minimize considered.
POWELL