DOS Cable on Visa Implications of Iran Economic Sanctions

P 2500422 MAY 95
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS PRIORITY
SPECIAL EMBASSY PROGRAM
ZAGREB POUCH
ASMARA POUCH
LUANDA POUCH

UNCLAS STATE 127292

Visas Inform Consuls

E.O. 12356; N/A
TAGS: CVIS, ETTO, IR
SUBJECT: Visa Implications of Iran Economic Sanctions

Ref: A) Executive Order of May 6, 1995 B) State 116152

1. --Summary--

Reftel briefly describes content of presidential executive order of May 6 imposing further economic sanctions against Iran. The Department is examining the full implications of this order as it affects the travel to the United States of Iranian nationals and person engaged in economic transactions with Iran. This cable gives interim guidance with regard to the issuance and denial of visas to such persons.

2. In general, until further notice and except with regard to purposes stated in paragraph 3 below, Consular Officers should refuse pursuant to INA section 212(A)(3)(II) a nonimmigrant visa of any category to any person Iranian nationals and nationals of third countries) whom the Consular Officer knows or has reason to believe seek to enter the U.S. for the purpose of engaging either solely, principally, or incidentally in the trade import or export) of goods or services with Iran, the government of Iran or any entity owned by the government of Iran, or for the purpose of financing such transactions. In questionable cases the applicant may be referred to the Office of Foreign Assets Control (OFAC) in the Department of the Treasury, per paragraph 2 of reftel.

3. When the Consular Officer knows or has reason to believe that a person in one of the following categories may upon entry engage in trade with Iran, the application should be handled as indicated:

A. Persons trading in Iranian-origin publications and materials imported for news publications or news broadcast dissemination. Visas may be issued;

B. Persons seeking "A" or "G" Visas. Since the possible applicability of the order to these categories has yet to be determined, in addition to routine security checks, these cases must be referred to the Department for an advisory opinion. Cable should be slugged for CA/VO/L/A, CA/VO/P/D and MEA/NGA. In "G" visa cases, in addition to previous addresses, cables should also be slugged for IO/UNP and sent info to US/UN applicants must be denied 221(G) pending receipt of the Department's opinion.

C. Persons coming to the U.S. prior to June 6, 1995 to wind-down operations resulting from contracts for trade with Iran which were signed prior to May 7, 1995. Visas may be issued, but any such visa shall be for one entry and shall be issued to expire on June 6, 1995. After June 6 visas may/may be issued to those applicants coming to the U.S. to conduct specific transactions otherwise prohibited by the executive order which have been specifically authorized by a license issued by OFAC. Such OFAC licenses are issued to the U.S. party to the transaction. The burden is on the applicant to provide information on the U.S. licensee and the applicable treasury authorization number, known as the (B) number.

D. Persons applying for immigrant visas whom the Consular Officer believes may be engaged in activity prohibited by the sanctions. These cases must be referred to CA/VO/L/A for an advisory opinion. 221(G) refusal in such cases would be appropriate, pending VO's response.

4. Questions regarding the implementation of this instruction may be slugged for CA/VO/L/A. Further study of the executive order will likely result in more detailed guidance in the near future.

Christopher

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