[Federal Register Volume 64, Number 148 (Tuesday, August 3, 1999)]
[Rules and Regulations]
[Pages 42006-42007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19836]



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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 217

[INS No. 2002-99]
RIN 1115-AF99


Adding Portugal, Singapore and Uruguay to the List of Countries 
Authorized To Participate in the Visa Waiver Pilot Program

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Interim rule with request for comments.

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SUMMARY: The Visa Waiver Pilot Program (VWPP) permits nationals from 
participating countries to apply for admission to the United States for 
ninety (90) days or less as nonimmigrant visitors for business or 
pleasure without first obtaining a nonimmigrant visa. This rule amends 
the Immigration and Naturalization Service (Service) regulations by 
adding Portugal, Singapore, and Uruguay to the list of countries 
designated to participate in the VWPP. This action will facilitate 
travel to the United States and benefit United States businesses.

DATES: Effective date. This interim rule is effective August 9, 1999.
    Comment date. Written comments must be submitted on or before 
October 4, 1999.

ADDRESSES: Please submit written comments, in triplicate, to the 
Director, Policy Directives and Instructions Branch, Immigration and 
Naturalization Service, 425 I Street, NW, Room 5307, Washington, DC 
20536. To ensure proper handling, please reference INS No. 2002-99 on 
your correspondence. Comments are available for public inspection at 
the above address by calling (202) 514-3048 to arrange for an 
appointment.

FOR FURTHER INFORMATION CONTACT: Robert F. Hutnick, Assistant Chief 
Inspector, Inspections Division, Immigration and Naturalization 
Service, 425 I Street NW, Room 4064, Washington, DC 20536, Telephone 
number: (202) 616-7499.

SUPPLEMENTARY INFORMATION:

When Was the VWPP Established?

Public Law 99-603

    Section 313 of the Immigration Reform and Control Act of 1986 
(IRCA), Public Law 99-603, dated November 6, 1986, added section 217 to 
the Immigration and Nationality Act (Act), 8 U.S.C. 1187, which 
established the VWPP. The VWPP waives the nonimmigrant visa requirement 
for the admission of certain aliens to the United States for a period 
not to exceed ninety (90) days. That original provision authorized the 
participation of eight countries in the Pilot Program.

How Has the VWPP Changed Since It Was Established?

Public Law 101-649

    Section 201 of the Immigration Act of 1990 (IMMACT 90), Pub. L. 
101-649, dated November 29, 1990, amended the VWPP by removing the 
eight-country cap and extending the provisions to all countries that 
met the qualifying provisions contained in section 217 of the Act. In 
addition, section 201 of IMMACT 90 also extended the period for the 
VWPP until September 30, 1994.

Public Law 103-416

    Section 210 of the Immigration and Nationality Technical 
Corrections Act of 1994, Pub. L. 103-416, dated October 25, 1994, 
extended the expiration date of the VWPP until September 30, 1996.

Public Law 104-208

    Section 635 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, dated September 
30, 1996, amended section 217 of the Act by extending the VWPP until 
September 30, 1997. This law also named the Attorney General as the 
principal designator of VWPP countries, eliminated probationary VWPP 
qualification status, and made countries then in such status (Ireland 
being the only country) permanent participating VWPP countries subject 
to the same disqualification criteria established for other VWPP 
countries. Ireland has been added as a VWPP country on a probationary 
basis on March 28, 1995, upon publication of an interim regulation in 
the Federal Register at 60 FR 15855.

Public Law 105-173

    Pub. L. 105-173 extended the VWPP through April 30, 2000. The law 
also modified the statutory language relating to low visa refusal rates 
that could extend the VWPP to additional countries previously unable to 
qualify.

What Are the Requirements for VWPP Participation?

    For a country to qualify as a participant in the VWPP, the country 
must:
     Agree to waive the visa requirement for nationals of the 
United States entering for business or pleasure for ninety (90) days or 
less;
     Meet statutorily prescribed limits on visa refusal rates 
for the prior 2-year period, as well as the prior year;
     Meet statutorily prescribed limits on rates of 
inadmissibility at Ports-of-Entry and on overstay rates; and,
     Have a machine readable passport program.

What Are the Requirements for VWPP Travelers?

    The VWPP traveler must:
     Present a valid passport;
     Seek entry into United States for business or pleasure;
     Seek entry into the United States for 90 days or less (no 
extensions or changes/adjustments of status are allowed);
     Possess an onward or return ticket if traveling by air or 
sea;
     Agree to waive any right to appeal a denial of entry; and
     Not be inadmissible under the Immigration and Nationality 
Act.

What Countries Currently Participate in the VWPP?

    The following countries currently participate in the VWPP: Andorra, 
Argentina, Australia, Austria, Belgium, Brunei, Denmark, Finland, 
France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, 
Luxembourg, Monaco, the Netherlands, New Zealand, Norway, San Marino, 
Slovenia, Spain, Sweden, Switzerland, and the United Kingdom. The 
United Kingdom refers only to British citizens who have the 
unrestricted right of permanent abode in the United Kingdom (England, 
Scotland, Wales, Northern Ireland, the Channel Islands and the Isle of 
Man); it does not refer to British overseas citizens, British dependent 
territories' citizens, or citizens of British Commonwealth countries.

What Does this Rule Do?

    The Attorney General, in consultation with the Secretary of State, 
has determined that Portugal, Singapore, and Uruguay have met the 
statutory requirements of section 217 of the Act. Accordingly, 
Portugal, Singapore, and Uruguay, and their citizens are eligible to 
participate in the VWPP. Effective August 9, 1999, Portugal, Singapore, 
and Uruguay, are added as participating countries in the VWPP. (See the 
Department of State rule published elsewhere in this issue of the 
Federal Register.

Good Cause Exception

    The Service implementation of this rule as an interim rule, with a 
60-day provision for post-promulgation public comments, is based upon 
the ``good

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cause'' exceptions found at 5 U.S.C. 553 (b) (B) and (d) (3). The 
reasons and the necessity for immediate implementation of this interim 
rule without prior notice and comment are as follows: this interim rule 
relieves a restriction and will facilitate business and tourist travel 
to the United States, Portugal, Singapore, and Uruguay.

Regulatory Flexibility Act

    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 this rule 
will not have a significant economic impact on a substantial number of 
small entities. This rule merely removes a restriction for both the 
traveling public and United States businesses.

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 regulation adopted 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.

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local and 
tribal governments, in the aggregate, or by the private sector, of $100 
million or more in any 1 year, and it will not significantly or 
uniquely affect small governments. Therefore, no actions were deemed 
necessary under the provisions of the Unfunded Mandates Reform Act of 
1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by section 804 of the 
Small Business Regulatory Enforcement Act of 1996. This rule will not 
result in an annual effect on the economy of $100 million or more; a 
major increase in costs or prices; or significant adverse effects on 
competition, employment, investment, productivity, innovation, or on 
the ability of United States-based companies to compete with foreign-
based companies in domestic and export markets.

Executive Order 12988 Civil Justice Reform

    This interim rule meets the applicable standards set forth in 
sections 3(a) and 3(b)(2) of E.O. 12988.

List of Subjects in 8 CFR Part 217

    Administrative practice and procedures, Aliens, Nonimmigrants, 
Passports and visas.

    Accordingly, part 217 of chapter I of title 8 of the Code of 
Federal Regulations is amended as follows:

PART 217--VISA WAIVER PILOT PROGRAM

    1. The authority citation for part 217 continues to read as 
follows:

    Authority: 8 U.S.C. 1103, 1187; 8 CFR part 2.

    2. In Sec. 217.2 paragraph (a) is amended by revising the 
definition for ``Designated country'' to read as follows:


Sec. 217.2  Eligibility.

    (a) * * *
    Designated country refers to Andorra, Argentina, Australia, 
Austria, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, 
Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, the 
Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, 
Slovenia, Spain, Sweden, Switzerland, the United Kingdom, and Uruguay. 
The United Kingdom refers only to British citizens who have the 
unrestricted right of permanent abode in the United kingdom (England, 
Scotland, Wales, Northern Ireland, the Channel Islands and the Isle of 
Man); it does not refer to British overseas citizens, British dependent 
territories' citizens, or citizens of British Commonwealth countries.
* * * * *
    Dated: July 23, 1999.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 99-19836 Filed 8-2-99; 8:45 am]
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