DOS Final Rule on NAFTA Investors/Traders
[Rules and Regulations]
[Page 10304-10305]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03mr98-9]
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DEPARTMENT OF STATE
Bureau of Consular Affairs
22 CFR Part 41
[Public Notice 2600]
Visas: Documentation of Nonimmigrants Under the Immigration and Nationality Act, as Amended
AGENCY: Bureau of Consular Affairs, Department of State.
ACTION: Final rule.
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SUMMARY: This final rule implements Chapter 16 of the North American Free Trade Agreement (NAFTA), and sections 341 and 342 of the North American Free Trade Agreement Implementation Act, (the Implementation Act), signed December 8, 1993, which address the movement of business persons among the United States, Canada, and Mexico. This rule finalizes the interim regulations published in the Federal Register on December 28, 1993 [58 FR 68526] concerning two nonimmigrant visa classifications, treaty traders and investors and intracompany transferees, and promulgates new regulations for a category for professionals under INA section 214(e), as amended by the Implementation Act.
EFFECTIVE DATE: January 1, 1994.
FOR FURTHER INFORMATION CONTACT: Stephen K. Fischel, Director, Office of Legislation, Regulations and Advisory Opinions, Visa Office, (202) 663-1184.
SUPPLEMENTARY INFORMATION: On December 28, 1993, the Department of State published an interim rule at 58 FR 68526. This rule which amended 22 CFR part 41 by amending Secs. 41.51 and 41.54 and by adding a new Sec. 41.59 took effect on January 1, 1994. The rule implements Chapter 16 of the North American Free Trade Agreement (NAFTA), entitled ``Temporary Entry for Business Persons'', and addresses the movement of business persons among the Parties to the Agreement. Chapter 16 is patterned on the similarly titled Chapter 15 of the United States Canada Free Trade Agreement (CFTA). This chapter relates to four nonimmigrant visa categories in the U.S. Immigration and Nationality Act: temporary visitors for business under INA 101(a)(15)(B); treaty trader and investors under INA 101(a)(15)(E); intracompany transferees under INA 101(a)(15)(L); and NAFTA professionals under INA 214(e) as amended by the Implementation Act.
Comments
The Department received no comments from the public during the comment period. The only modification from the interim rule is a minor wording change in Sec. 41.59(c), definition of temporary entry, to comport with the specific language of NAFTA and with INS' definition [see 58 FR 69212 Dec. 30, 1993 and 63 FR 1331, Jan. 9, 1998].
Final Rule
This final rule is not expected to have a ``significant economic impact'' on a substantial number of small entities under 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. 12988 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 41
Aliens, Nonimmigrants, Intracompany Transferees, (executives, managers, and specialists), Professionals Under the North American Free Trade Agreement, Treaty Trader or Investor, Visas.
Accordingly, the regulations at 22 CFR 41.51 and 41.54 are adopted as published in the interim rule at 58 FR 68526 and Sec. 41.59 is amended as follows:
[[Page 10305]]
PART 41--[AMENDED]
1. The authority citation for Part 41 continues to read as follows:
Authority: 8 U.S.C. 1104; 19 U.S.C. 3401 and 3401 Note.
2. Sec. 41.59 is amended by revising paragraph (c) to read as follows:
Sec. 41.59 Professionals Under the North American Free Trade Agreement.
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(c) Temporary entry. Temporary entry means an entry into the United States without the intent to establish permanent residence. The alien must satisfy the consular officer that the proposed stay is temporary. A temporary period has a reasonable, finite end that does not equate to permanent residence. The circumstances surrounding an application should reasonably and convincingly indicate that the alien's temporary work assignment in the United States will end predictably and that the alien will depart upon completion of the assignment.
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Dated: September 9, 1997.Mary A. Ryan,
Assistant Secretary for Consular Affairs.
[FR Doc. 98-5241 Filed 3-2-98; 8:45 am]
BILLING CODE 4710-06-P