[Federal Register Volume 64, Number 105 (Wednesday, June 2, 1999)]
[Notices]
[Pages 29731-29732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13953]
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DEPARTMENT OF STATE
[Public Notice No. 3056]
Bureau of Economic and Business Affairs; Guidelines Implementing
Title XXII, Section 2225(a) of the Foreign Affairs Reform and
Restructuring Act of 1998
AGENCY: Bureau of Economic and Business Affairs.
ACTION: Notice.
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SUMMARY: Section 2225(a), of the Foreign Affairs Reform and
Restructuring Act of 1998 (``Act''), provides that
Except as otherwise provided in section 401 of the Cuban Liberty
and Democratic Solidarity (LIBERTAD) Act of 1996 (Public Law 104-
114), and subject to subsection (b), the Secretary of State may deny
the issuance of a visa to any alien who--
(1) through the abuse of position, including a governmental or
political party position, converts or has converted for personal
gain real property that has been confiscated or expropriated, a
claim to which is owned by a national of the United States, or who
is complicit in such a conversion; or
(2) induces any of the actions or omissions described in
paragraph (1) by any person.
The following guidelines will be used by the Department of State
for the purpose of implementing Sec. 2225 of the Act.
EFFECTIVE DATE: This notice is effective on June 2, 1999.
FOR FURTHER INFORMATION CONTACT: Robert Watts, Office of Investment
Affairs, Bureau of Economic and Business Affairs, Department of State,
2201 C Street, NW, Washington, D.C. 20520, 202-736-4012.
SUPPLEMENTARY INFORMATION: Department of State Guidelines for
Implementation of Title XXII, Section 2225 of the Foreign Affairs
Reform and Restructuring Act of 1998.
1. Purpose and Authority. These guidelines will be used by the
Department of State (``Department'') for the purpose of implementing
Section 2225 of the Foreign Affairs Reform and Restructuring Act of
1998, P.L. 105-277, and other applicable legislation as appropriate.
2. Delegation of Authority. The Secretary of State has delegated
authority to the Assistant Secretary of State for Economic and Business
Affairs to make determinations under section 2225(a) of the Act, in
consultation with the Assistant Secretary of State for the regional
bureau or bureaus with jurisdiction over the country where the
confiscation or expropriation took place and the country of which the
alien who is to be denied a visa is a national, and others as
appropriate.
3. Point of Contact. The Office of Investment Affairs in the Bureau
of Economic and Business Affairs at the Department is the central point
of contact for all inquiries about implementation of Sec. 2225 of the
Act. The Office may be contacted in Room 3336, U.S. Department of
State, Washington, DC 20520; telephone number 202-736-4012.
4. Collection of Information:
a. The Department will collect information from available sources
on whether property abroad, a claim to which is owned by a U.S.
national, has been confiscated or expropriated and converted for
personal gain by a person in a position covered by the Act. U.S.
Embassies will also collect information and provide information and
recommendations to the responsible bureaus in the Department of State
[[Page 29732]]
concerning activities relevant to Section 2225.
b. As appropriate, the Department will request claimants to provide
additional information related to ownership and confiscation or
expropriation of the property concerned.
c. The Department will consult as appropriate with other agencies
of the U.S. government regarding the identity persons whose actions may
be covered by Sec. 2225(a)(1) or Sec. 2225(a)(2).
5. Determinations under Section 2225. Determinations under Section
2225 will be made when facts or circumstances exist that lead the
Department to conclude that a person has committed an act covered by
Sec. 2225(a)(1) or Sec. 2225(a)(2).
6. Prior Notification:
a. An alien who is the subject of a determination under Sec. 2225
will be sent notification by registered mail that his/her name will be
entered in the appropriate consular visa and immigration lookout
systems, and that he/she will be denied a visa upon application and/or
have his/her visa revoked, 45 days after the date of the notification
letter. The Department may inform the government of the alien's country
of nationality in confidence through diplomatic channels of the pending
action.
b. If no information is received within the 45 day period above
that leads the Department to conclude that the person should not be
denied a visa pursuant to Sec. 2225(a), the Department will enter the
alien's name, including the names of the alien's agents, if applicable,
in the appropriate consular visa and immigration lookout systems. Any
then-pending visa application from the named alien will be denied, and
any visa previously issued to the alien will be revoked in accordance
with law.
7. Review of Determinations: The Department may review a
determination made under Section 2225 at any time, as appropriate in
its discretion.
8. Exceptions: Section 2225 subsection (a) will not be applied to
property in (1) any country established by international mandate
through the United Nations; or (2) any territory recognized by the
United States Government to be in dispute.
9. Relationship to Section 527 of P.L. 103-236: This section
supplements Section 527 of the 1994-1995 Foreign Relations
Authorization Act, P.L. 103-326 (April 30, 1994), and is not meant to
revise or otherwise detract from the substantive requirements of that
section of law.
Dated: May 27, 1999.
Wesley S. Scholz,
Director, Office of Investment Affairs.
[FR Doc. 99-13953 Filed 6-1-99; 8:45 am]
BILLING CODE 4710-07-P