[Federal Register Volume 61, Number 176 (Tuesday, September 10, 1996)]
[Rules and Regulations]
[Pages 47668-47669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22964]


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DEPARTMENT OF JUSTICE
8 CFR Part 264

[INS No. 1606-94; AG ORDER No. 2053-96]
RIN 1115-AC83


Addition of Provision for the Registration and Fingerprinting of 
Nonimmigrants Designated by the Attorney General; Removal of the 
Requirement for the Registration and Fingerprinting of Certain 
Nonimmigrants Bearing Iraqi and Kuwaiti Travel Documents

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Final rule.

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SUMMARY: This rule adopts without change an interim rule published by 
the Immigration and Naturalization Service (Service) in the Federal 
Register on December 23, 1993, which added the provision for the 
registration and fingerprinting of certain nonimmigrants of specific 
countries designated by the Attorney General. The interim rule also 
removed the requirement for the registration and fingerprinting of 
certain nonimmigrants bearing Iraqi and Kuwaiti travel documents who 
applied for admission to the United States, which was promulgated in 
response to a specific political situation. This action will continue 
to afford the Attorney General with the flexibility to facilitate 
implementation of the fingerprinting requirement when future political 
situations arise which threaten the national security of the United 
States.

EFFECTIVE DATE: October 10, 1996.

FOR FURTHER INFORMATION CONTACT: Jake Achterberg, Assistant Chief 
Inspector, Inspections Division, Immigration and Naturalization 
Service, 425 I Street NW, Room 7228, Washington, DC, 20536, telephone 
(202) 514-3019.

SUPPLEMENTARY INFORMATION: On January 16, 1991, a final rule was 
published in the Federal Register, at 56 FR 1566, adding a new 
Sec. 264.3 of Title 8 of the Code of Federal Regulations, requiring the 
registration and fingerprinting of certain nonimmigrants bearing Iraqi 
and Kuwaiti travel documents. The requirement was promulgated in 
response to the United States condemnation of Iraq's invasion of 
Kuwait, United States sanctions against Iraq, and the theft of 
thousands of Kuwaiti passports during Iraq's occupation of Kuwait, all 
of which heightened the potential for domestic anti-United States 
terrorist activities. Due to the withdrawal of Iraqi forces from 
Kuwait, and the Government of Kuwait's requirement that all old Kuwaiti 
passports be replaced with a new version, this requirement was no 
longer necessary and was removed by an interim rule which was published 
in the Federal Register on December 23, 1993, at 58 FR 68024.
    To address future political situations which elevate concern for 
United States' security and would require the registration and 
fingerprinting of certain nonimmigrants, the interim rule also added a 
provision allowing the Attorney General to designate, by public notice 
published in the Federal Register, certain nonimmigrants of specific 
countries to be registered and fingerprinted upon arrival in the United 
States, pursuant to section 263(a)(5) of the Immigration and 
Nationality Act, 8 U.S.C. 1303(a)(5).
    The provision was necessary to afford the Attorney General with the 
flexibility to facilitate implementation of the fingerprinting 
requirement when responding to specific political situations that 
threatened the security of the United States. Elsewhere in the same 
issue of the December 23, 1993, Federal Register, the Service published 
a notice requiring certain nonimmigrants from Iraq and the Sudan to be 
registered and fingerprinted upon arrival in the United States. This 
action was taken in response to increased concern for national security 
resulting from terrorist attacks and uncovered plots directed by 
nationals of Iraq and Sudan.
    The interim rule requested that comments concerning the new 
provisions be submitted to the Service by January 24, 1994. The Service 
did not receive any comments and is therefore adopting the interim rule 
as final without change.

Regulatory Flexibility Act

    The Attorney General, 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. This rule merely affects a 
limited number of individuals.

[[Page 47669]]

Executive Order 12866

    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).

Executive Order 12612

    The regulations proposed herein will not have substantial direct 
effects 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.

List of Subjects in 8 CFR Part 264

    Aliens, Reporting and recordkeeping requirements.

    Accordingly, the interim rule amending 8 CFR part 264, which was 
published in the Federal Register on December 23, 1993, at 58 FR 68024-
68025, is adopted as a final rule without change.

    Dated: September 3, 1996.
Janet Reno,
Attorney General.
[FR Doc. 96-22964 Filed 9-9-96; 8:45 am]
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