[Federal Register Volume 61, Number 29 (Monday, February 12, 1996)]
[Notices]
[Pages 5409-5410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2926]



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[[Page 5410]]


DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
[INS No. 1708-95]
RIN 1115-AE08


Notice of Policy Regarding Contracts Between the Immigration and 
Naturalization Service and Transportation Lines

agency: Immigration and Naturalization Service, Justice.

action: Notice.

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summary: This notice announces a change in the policy involving 
contracts with transportation lines that are entered into with the 
Immigration and Naturalization Service (``the Service'') under section 
238 of the Immigration and Nationality Act (``the Act). Beginning March 
13, 1996, the Service intends to evaluate a transportation line's 
fines, liquidated damages, and user fee payment record before entering 
into any agreements with the transportation line. The Service will also 
evaluate existing transportation line agreements for possible 
cancellation, if it is determined that fines, liquidated damages, or 
user fees imposed against or owed by the transportation line are not 
paid to the Service in a timely manner. This action is necessary to 
ensure timely payment of a transportation line's fines, liquidated 
damages, and user fees.

effective date: March 13, 1996.

for further information contact: Robert F. Hutnick, Assistant Chief 
Inspector, Immigration and Naturalization Service, 425 I Street, NW., 
Room 7228, Washington, DC 20536, telephone number (202) 616-7499.

supplementary information: This notice announces to all interested 
parties that in order to encourage the timely payment of fines, 
liquidated damages, and user fees, the Service intends to condition 
future agreements with transportation lines upon payment of overdue 
fines, liquidated damages, and user fees. The Service will also 
terminate existing agreements with transportation lines whose payments 
are outstanding for more than 30 days. Section 238 of the Act provides 
for those actions.
    Delinquent carrier fines, liquidated damages, and user fee payments 
have made this policy a necessity. Service records reflect that over 
five million dollars of carrier fines, liquidated damages, and user 
fees are outstanding for more than 30 days. Existing administrative 
means to enforce collection of these monies are insufficient and have 
led to litigation. This policy will address the outstanding obligations 
of commercial transportation lines in a more timely and cost effective 
manner.
    The Service intends to deny transportation line requests for the 
following contracts, based on an unacceptable fines, liquidated 
damages, or user fee payment record: (1) entry and inspection of aliens 
from foreign contiguous territory or adjacent islands agreements (Form 
I-420); (2) pre-clearance and pre-inspection agreements (Form I-425); 
(3) progressive clearance agreement requests; (4) Immediate and 
Continuous Transit agreements, also known as Transit Without Visa 
(TWOV) agreements (Form I-426); (5) In-Transit Lounge (ITL) agreements; 
and, (6) Visa Waiver Pilot Program (VWPP) agreements (Form I-775). An 
unacceptable fines payment record is one that includes fines or 
liquidated damages that are delinquent 30 days and have been affirmed 
by either a final decision or formal order. An unacceptable user fee 
payment record is one that includes user fees that are delinquent 30 
days.
    The Service also intends to evaluate existing carrier agreements 
for possible cancellation and will notify the affected carrier in 
writing of the proposed Service decision. The Service will allow the 
carrier 30 days to make full payment of the debt or to show cause why 
the debt is not valid. The Service will issue a final determination 
after the close of the 30 day period.

    Dated: September 14, 1995.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 96-2926 Filed 2-9-96; 8:45 am]
BILLING CODE 4410-10-M