[Federal Register Volume 59, Number 133 (Wednesday, July 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16965]


[[Page Unknown]]

[Federal Register: July 13, 1994]


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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 212

[INS No. 1398-92]
RIN 1115-AA75

 

Guam Visa Waiver Program; Taiwan

agency: Immigration and Naturalization Service, Justice.

action: Final rule.

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summary: This rule amends the Immigration and Naturalization Service 
(Service) regulations by amending the one-year restriction on Taiwan's 
inclusion in the Guam Visa Waiver Program, and by removing the 
requirement that residents of Taiwan who are in possession of Taiwan 
National Identity Cards traveling to Guam, do so on a direct, nonstop 
flight. The removal of the restriction is the result of an evaluation 
conducted by the Service that indicated that there were only two 
instances of abuse of the Guam Visa Waiver Program by non-Taiwan 
residents detected by the Service since Taiwan was temporarily added to 
the Program on July 15, 1993. This rule facilitates the travel of 
certain residents of Taiwan to visit Guam under certain conditions. It 
enables holders of Taiwan passports who begin their travel in Taiwan 
and who are in possession of Taiwan National Identity Cards to visit 
Guam as nonimmigrant visitors for up to 15 days for business or 
pleasure without first obtaining a nonimmigrant visitor visa at an 
American consulate abroad.

effective date: This rule is effective July 13, 1994.

for further information contact: Ronald J. Hays, Assistant Chief 
Inspector, Inspections Division, Immigration and Naturalization 
Service, 425 I Street NW., Room 7228, Washington, DC 20536, Telephone 
number: (202) 514-0912.

supplementary information: Under section 212(1)(1) of the Immigration 
and Nationality Act (Act), certain visitors from designated countries 
may visit Guam for up to 15 days without having to obtain nonimmigrant 
visitor visas from American consulates outside the United States.
    First implemented on October 1, 1988, this program resulted in 
thousands of nonimmigrant visitors from Australia, Brunei, Burma, 
Indonesia, Japan, Malaysia, Nauru, New Zealand, Papua New Guinea, the 
Republic of Korea, Singapore, the Solomon Islands, the United Kingdom 
(including citizens of the colony of Hong Kong), Vanuatu and Western 
Samoa, visiting Guam under the conditions mentioned in the summary.
    On July 15, 1993, the Service published an interim rule with 
request for comments, in the Federal Register, at 58 FR 38045-38046, 
temporarily adding Taiwan through July 15, 1994, to the list meeting 
the eligibility criteria for the Guam Visa Waiver Program, implemented 
under the Omnibus Territories Act of 1986, Public Law 99-396. This rule 
removes the one-year restriction on Taiwan's inclusion in the program.
    Since the Service was concerned about potential abuse by non-Taiwan 
residents attempting to enter the United States illegally, only 
residents of Taiwan in possession of Taiwan National Identity Cards, in 
addition to valid Taiwan passports with valid re-entry permits issued 
by the Taiwan Ministry of Foreign Affairs, were included in the Guam 
Visa Waiver Program. In addition, there was a further restriction that 
persons must travel on a direct, nonstop flight from Taiwan to Guam.
    Since Taiwan's inclusion in the program, only two instances of 
abuse of the Guam Visa Waiver Program, by non-Taiwan residents, were 
detected by the Service. However, the requirement that Taiwan residents 
seeking to enter Guam under this program do so on a direct non-stop 
flight from Taiwan had an unforeseeable impact on the tourist industry 
in the Commonwealth of the Northern Marianas when the air carrier 
serving Guam from Taiwan via Saipan eliminated the Saipan stop. Four 
comments were received by the Service concerning the change of service 
to the Northern Marianas. These comments all came from the Office of 
the Governor, Commonwealth of the Northern Marianas, protesting that 
the non-stop requirement of the interim rule negatively affected 
tourism in the Commonwealth because Taiwan residents could no longer 
travel easily to the Commonwealth.
    The Service agrees with these comments and has amended the rule to 
remove the direct non-stop flight requirement. However, to address the 
potential for abuse by non-Taiwan residents seeking to enter the United 
States, the rule will be amended to reflect that only holders of Taiwan 
passports who are residents of Taiwan who begin their travel to Guam in 
Taipei and arrive in Guam without an intermediate layover will be 
eligible to participate in the Guam Visa Waiver Program. Such 
travellers will be further restricted to those who arrive on a flight 
which has not had an intermediate stop except in a territory of the 
United States. The Service reserves the right to reinstate the direct 
non-stop flight requirement by means of a notice in the Federal 
Register should the percentage of inadmissible passengers arriving in 
Guam who have transited a territory of the United States enroute to 
Guam exceed 20 percent of all inadmissible passengers arriving in Guam 
for two consecutive months.
    The Commissioner of the Immigration and Naturalization Service, in 
accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), has 
reviewed this regulation and by approving it certifies that the rule 
will not have a significant economic impact on a substantial number of 
small entities because of the following factors: this rule merely 
removes a restriction on travel, and will have a positive economic 
impact for Guam by increasing tourism.
    This rule is not considered by the Department of Justice, 
Immigration and Naturalization Service, to be a ``significant 
regulatory action'' under Executive Order 12866, section 3(f), 
Regulatory Planning and Review, and the Office of Management and Budget 
has waived its review process under section 6(a)(3)(A).
    The regulations adopted herein will not have substantial direct 
effect on the States, on the relationship between the National 
Government and the States, or on the distribution of power and 
responsibilities among the various levels of government. Therefore, in 
accordance with Executive Order 12612, it is determined that this rule 
does not have sufficient Federalism implications to warrant the 
preparation of a Federalism Assessment.
    The Commissioner of the Immigration and Naturalization Service 
certifies that she has assessed this rule in light of the criteria in 
Executive Order 12606 and has determined that this regulation will 
enhance family well-being by allowing eligible Taiwan families to 
readily come to Guam on vacation.

List of Subjects in 8 CFR Part 212

    Administrative practice and procedures, Aliens, Passports and 
visas, Reporting and recordkeeping requirements.

    Accordingly, the interim rule published at 58 FR 38045-38046, on 
July 15, 1993, amending 8 CFR part 212 is adopted as a final rule with 
the following changes:

PART 212--DOCUMENTARY REQUIREMENTS; NONIMMIGRANTS; WAIVERS; 
ADMISSION OF CERTAIN INADMISSIBLE ALIENS; PAROLE

    1. The authority citation for part 212 continues to read as 
follows:

    Authority: 8 U.S.C. 1101, 1102, 1103, 1182, 1184, 1225, 1226, 
1228, 1252; 8 CFR part 2.

    2. In Sec. 212.1, paragraph (e)(3) is revised to read as follows:


Sec. 212.1  Documentary requirements for nonimmigrants.

* * * * *
    (e) * * *
    (3)(i) The following geographic areas meet the eligibility criteria 
as stated in paragraph (e)(2) of this section: Australia, Brunei, 
Burma, Indonesia, Japan, Malaysia, Nauru, New Zealand, Papua New 
Guinea, Republic of Korea, Singapore, Solomon Islands, Taiwan 
(residents thereof who begin their travel in Taiwan and who travel on 
direct flights from Taiwan to Guam without an intermediate layover or 
stop except that the flights may stop in a territory of the United 
States enroute), the United Kingdom (including the citizens of the 
colony of Hong Kong), Vanuatu, and Western Samoa. The provision that 
flights transporting residents of Taiwan to Guam may stop at a 
territory of the United States enroute may be rescinded whenever the 
number of inadmissible passengers arriving in Guam who have transited a 
territory of the United States enroute to Guam exceeds 20 percent of 
all the inadmissible passengers arriving in Guam within any consecutive 
two-month period. Such rescission will be published in the Federal 
Register.
    (ii) For the purposes of this section, the term citizen of a 
country  as used in 8 CFR 212.1(e)(1) when applied to Taiwan refers 
only to residents of Taiwan who are in possession of Taiwan National 
Identity Cards and a valid Taiwan passport with a valid re-entry permit 
issued by the Taiwan Ministry of Foreign Affairs. It does not refer to 
any other holder of a Taiwan passport or a passport issued by the 
People's Republic of China.
* * * * *
    Dated: June 10, 1994.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
    Dated: June 21, 1994.
Mary A. Ryan,
Assistant Secretary of State for Consular Affairs, Department of State.
    Dated: June 23, 1994.
Leslie M. Turner,
Assistant Secretary for Territorial and International Affairs, 
Department of the Interior.
[FR Doc 94-16965; Filed 7-12-94; 8:45 am]
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