DOS Final Rule on Waiver of Passport/Visa Requirement
(Volume 60, Number 110)] [Rules and Regulations]
[Page 30188]
DEPARTMENT OF STATE
Bureau of Consular Affairs
22 CFR Part 41
[Public Notice 2220]
Visas: Documentation of Nonimmigrants Under the Immigration and Nationality Act, as Amended; Waiver of Passport and Visa Requirements
AGENCY: Bureau of Consular Affairs, State.
ACTION: Final rule.
SUMMARY: This rule amends Department of State regulations to authorize a waiver of the passport and visa requirements of INA 212(a)(7)(B)(i) for members of the armed forces of certain additional foreign countries. Such a waiver would be granted under INA 212(d)(4) by the Attorney General and the Secretary of State acting jointly. This rule amends the regulations by removing Albania, Bulgaria, Czechoslovakia, Estonia, German Democratic Republic, Hungary, Latvia, Lithuania, Poland, Romania, and the Union of Soviet Socialist Republics from the list of countries to whom the waiver cannot apply.
DATES: Effective June 8, 1995.
FOR FURTHER INFORMATION CONTACT: Stephen K. Fischel, Chief, Legislation and Regulations Division, Visa Office, (202) 663-1204
.SUPPLEMENTARY INFORMATION: The Department of State, after consultation with the Immigration and Naturalization Service and the Department of Defense, has determined that it is no longer in the national interest to prohibit aliens on active duty in the armed forces of Albania, Armenia, Azerbaijan, Belarus, Bulgaria, the Czech Republic, Estonia, Georgia, Hungary, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, Poland, Romania, Russia, the Slovak Republic, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan from benefiting from a waiver of the passport and visa requirement of INA 212(a)(7)(b)(i) in specific circumstances. In fact, the Department of Defense has been working with certain non- NATO nations to enter into bilateral, Status of Forces agreements similar to those in effect with NATO nations. The Department of State is, therefore, publishing amendments to the regulations at 22 CFR 41.3.
The implementation of this rule as a final rule is based upon the ``good cause'' exceptions established by 5 U.S.C. 553(b)(B) and 553(d)(3). This rule grants or recognizes an exemption or relieves a restriction under 5 U.S.C. 553(d)(1) and is considered beneficial to the United States Government.
This rule is not expected to have a significant impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. This rule imposes no reporting or recordkeeping action from the public requiring the approval of the Office of Management and Budget under the Paperwork Reduction Act requirements. This rule has been reviewed as required by E.O. 12778 and certified to be in compliance therewith. This rule is exempted from E.O. 12866 but has been reviewed to ensure consistency therewith.
List of Subjects in 22 CFR Part 41
Aliens, Armed Forces, Nonimmigrants, Visas, Passports, Waivers.
In view of the foregoing 22 CFR part 41 is amended as follows:
PART 41--[AMENDED]
1. The authority citation for Part 41 continues to read:
Authority: 8 U.S.C. 1104, 1182.
2. Section 41.3 is amended by revising paragraph (e) to read as follows:
Sec. 41.3 Waiver by joint action of consular and immigration officers of passport and/or visa requirements.
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(e) Members of armed forces of foreign countries; visa and passport waiver. An alien on active duty in the armed forces of a foreign country and a member of a group of such armed forces traveling to the United States, on behalf of the alien's government or the United Nations, under advance arrangements made with the appropriate military authorities of the United States. The waiver does not apply to a citizen or resident of Cuba, Mongolian People's Republic, North Korea (Democratic People's Republic of Korea), Vietnam (Socialist Republic of Vietnam), or the People's Republic of China.
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Dated: June 2, 1995.Mary A. Ryan,
Assistant Secretary for Consular Affairs.
[FR Doc. 95-14077 Filed 6-7-95; 8:45 am]
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