DOS Cable Discusses Waiver of Personal Appearance for Crew List Applicants
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS PRIORITY
SPECIAL EMBASSY PROGRAM PRIORITY
AMEMBASSY KABUL PRIORITY
AMEMBASSY KHARTOUM PRIORITY
AMEMBASSY DUSHANBE PRIORITY
AMEMBASSY BUJUMBURA PRIORITY
UNCLAS STATE 209455
VISAS -- INFORM CONSULS
E.O. 12958: N/A TAGS: CVIS, CMGTSUBJECT: CREW LIST VISAS, WAIVER OF PERSONAL APPEARANCE, AND FACILITATON OF INDIVIDUAL C-1/D APPLICATIONS
REF: A) STATE 136100 B) 9 FAM 41.101 N2.2 C) 9 FAM 41.41 N1.6
1. SUMMARY: The Department's proposal to eliminate the crew list visa and require all crewmen to obtain individual visas is in the final stages of the interagency clearance process. The final rule will take effect 60 days after it is published in the Federal Register. In the meantime, the Department will grant a temporary exception to the policy on waiver of personal appearance (reftel) to accommodate crew list applicants. Posts are also strongly encouraged to facilitate applications from individual seamen, including those who are unable to apply in their countries of residence.
2. On December 13, 2002 the Department published in the Federal Register a proposed rule with request for comments that would amend 22 CFR 41.42 to eliminate the provision that provides for the issuance of crew list visas. The proposal was made because the Department views the crew list visa as a security vulnerability as crew list applicants do not submit the same primary identification documents nor do they receive the same scrutiny as other nonimmigrant visa applicants. The 60-day comment period ended on February 11, 2003. After evaluating the comments received from the public, the Department determined to proceed with a final rule eliminating the crew list visa. That final rule is now undergoing interagency clearance. The rule is written to go into effect 60 days after it is published in the Federal Register to provide all concerned parties adequate legal notice to comply with the new regulations.
3. In drafting the new regulation revising personal appearance waiver (PAW) guidelines for all nonimmigrant visa applicants, we neglected to address a Deputy Assistant Secretary (DAS)-granted exception under the provisions allowing waiver of personal appearance for crew list applicants. We anticipated that the crew list final rule would be published prior to the PAW regulation, thereby obviating any need to address crew lists in the PAW regulation. As there is not yet a final rule eliminating crew list visas, the Deputy Assistant Secretary for Visa Services has decided to grant an exception to the personal appearance requirement for crew list applicants. This interim exception will expire when the proposed final rule takes effect, i.e., 60 days after publication of the rule.
4. All posts are strongly encouraged to accommodate seamen applying for individual C-1/D or D visas, especially once the final rule is published. The maritime industry and a number of foreign governments have expressed concern that elimination of the crew list visa will disrupt international shipping and cause many seamen to be confined on board ship during U.S. port visits because seamen will be unable to obtain visas outside of their home countries. Many seamen spend long periods of time on board ship and do not return to their home countries for many months, sometimes years; in many cases, a seaman's only opportunity to apply for a visa will be during a brief visit to a port city outside of his or her home country. Posts should make every effort to accommodate in a timely fashion applications from seamen who are not resident in the consular district, especially during the first year after the final rule is published. Posts are reminded of the following provisions of 9 FAM 41.101 N2.2, Alien who is Physically Present but Not Resident in a Consular District:
a. 22 CFR 41.101(a) permits an alien to apply for nonimmigrant visa issuance outside his or her home district at any consular district when physically present therein. While 22 CFR 41.101(a) gives consular officers discretionary authority to reject applications by persons who are physically present in but not residents of the consular district, the Department expects that such authority will seldom if ever be used.
b. For example, the applicant might find it more practical to apply at the nearest consular office if return to the home district would be long and costly."
Posts, especially those in major port cities, should inform CA/VO/F/P and CA/EX if they anticipate or begin to see large numbers of out-of-district applications for D visas and require additional resources to handle them.
5. Seamen applying in their home countries should also be accommodated as much as possible. The Department reminds posts that 9 FAM 41.41 N1.6 provides that, "A crewman may be issued a D visa although not so employed at the time of application." Some shipping agencies have reported that some consular officers insist that applicants for crew visas present not only proof of employment on a particular vessel but an itinerary that includes U.S. ports. There is, however, no requirement that applicants have specific itineraries. The cargo shipping industry in particular is characterized by last minute determinations of itinerary. Applicants should be evaluated based on factors such as individual credentials and travel history and not routinely required to submit specific itineraries.
6. Department thanks posts for their assistance.