[Federal Register Volume 64, Number 148 (Tuesday, August 3, 1999)]
[Rules and Regulations]
[Pages 42032-42033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19923]


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DEPARTMENT OF STATE

Bureau of Consular Affairs

22 CFR Part 41

[Public Notice 3077]
RIN 1400-A75


Visas: Passports and Visas Not Required for Certain Nonimmigrants

AGENCY: Bureau of Consular Affairs, DOS.

ACTION: Interim rule with request for comments.

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SUMMARY: Current law provides for a Visa Waiver Pilot Program (VWPP) 
for nationals of countries qualifying under the provisions of the Pilot 
Program and designated by the Attorney General, in consultation with 
Secretary of State, as countries whose nationals benefit from the 
waiver of the nonimmigrant B-1/B-2 visa requirement. This interim rule 
adds Portugal, Singapore and Uruguay as participants in this Program.

DATES: This interim rule is effective August 9, 1999. The Department 
invites written comments which must be received on or before October 4, 
1999.

ADDRESSES: Submit written comments, in duplicate, to the Chief, 
Legislation and Regulations Division, Visa Services, Room L-603C, 
Department of State, Washington, D.C. 20520-0106.

FOR FURTHER INFORMATION CONTACT: H. Edward Odom, Chief, Legislation and 
Regulations Division, Visa Office, Department of State, Washington, 
D.C. 20522-0113, (202) 663-1204.

SUPPLEMENTARY INFORMATION: This interim rule amends Part 41, Title 22 
of the Code of Federal Regulations relating to visa waivers for certain 
nonimmigrants pursuant to section 217 of the Immigration and 
Nationality Act (INA).

History of INA 217

Pub. L. 99-603

    Section 313 of the Immigration Reform and Control Act of 1986 
(IRCA), Pub. L. 99-603, amended the INA by adding a new section 217. 
Section 217 provides for a Visa Waiver Pilot Program (VWPP) which 
waives the nonimmigrant visa requirement for nationals of certain 
countries having low nonimmigrant visa refusal rates and who are 
seeking to enter the United States for a period not to exceed ninety 
days. This original provision authorized the participation of eight 
countries in the VWPP to be designated by the Secretary of State and 
the Attorney General, acting jointly, from among countries meeting 
specific criteria. These original qualifying countries included: 
France; the Federal Republic of Germany; Italy; Japan, the Netherlands; 
Sweden; Switzerland; and the United Kingdom. [See Federal Register 
publications 53 FR 24903, June 30, 1988; 53 FR 50161, December 13, 
1988; and 54 FR 27120, June 27, 1989.]

Pub. L. 101-649

    On November 29, 1990, the President signed the Immigration Act of 
1990 (IMMACT 90), Pub. L. 101-649, Section 201 of IMMACT 90 revised the 
VWPP set forth in section 313 of IRCA. It removed the eight-country cap 
and extended the provisions of the VWPP to all countries that meet the 
qualifying criteria of the VWPP and are designated by the Attorney 
General, acting jointly with the Secretary of State, as Pilot Program 
countries thereunder.
    Effective October 1, 1991, Andorra, Austria, Belgium, Denmark, 
Finland, Iceland, Liechtenstein, Luxembourg, Monaco, New Zealand, 
Norway, San Marino, and Spain, having met all of the requirements for 
participants in the nonimmigrant Visa Waiver Pilot Program, were added 
as participants in the Program. [See 56 FR 46716, September 13, 1991.] 
Brunei was designated as a participant in the Visa Waiver Pilot Program 
in an interim rule published at 58 FR 40581, July 26, 1993.

Pub. L. 103-415

    Section 1(m) of Pub. L. 103-415 extended the Visa Waiver Pilot 
Program through September 30, 1995.

Pub. L. 103-416

    Section 210 of the Immigration and Nationality Technical 
Corrections Act of 1994 (INTC), Pub. L. 103-416, amended section 217 of 
the INA extending the VWPP to September 30, 1996. Section 211 of INTC 
created and established criteria for a new probationary qualification 
status for countries which met the criteria for that status under the 
VWPP and which were designated by the Secretary of State and the 
Attorney General, acting jointly, as countries whose nationals benefit 
from the waiver of the nonimmigrant B-1/B-2 visa requirement.
    On March 28, 1995, the Department published an interim rule [59 FR 
15872] to implement the provisions of sections 210 and 211 of Pub. L. 
103-416. Ireland was determined to be the only country that met the 
criteria set forth for such probationary qualification status. On July 
8, 1996 Argentina was added as a non-probationary VWPP country [61 FR 
35628] and Australia became a non-probationary participating country on 
July 29, 1996 [61 FR 39318].

Pub. L. 104-208

    On September 30, 1996 the President signed Pub. L. 104-208, the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 
(IIRIRA). Section 635 of this law once again amended INA 217 by 
extending the Program until September 30, 1997. This law also named the 
Attorney General (in consultation with the Secretary of State) as the 
principal designator of VWPP countries, eliminated probationary VWPP 
qualification status and made countries then in probationary status 
(Ireland being the only country) permanent participating VWPP countries 
subject to the same disqualification criteria established for other 
VWPP countries. On September 30, 1997, the Attorney General added 
Slovenia as a participating country. [See 62 FR 51030.]

Pub. L. 105-173

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

[[Page 42033]]

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,
     Must meet statutorily prescribed limits on visa refusal 
rates for the prior two year period, as well as the prior year;
     Must meet statutorily prescribed limits on rates of 
exclusion at ports of entry and on overstay rates,
     Must have a machine readable passport program. VWPP 
travelers must meet the following conditions:
     They must present a valid passport;
     They must be seeking entry into the United States for 
business or pleasure;
     They must be seeking entry into the United States for 
ninety days or less (no extensions or changes/adjustments of status are 
allowed);
     They must possess an onward or return ticket if traveling 
by air or sea;
     They must not be ineligible under the Immigration and 
Nationality Act;
     They must agree to waive any right to appeal a denial of 
entry.

Addition of Qualifying Countries

Portugal, Singapore and Uruguay

    The Attorney General, in consultation with the Secretary of State, 
has recently determined that Portugal, Singapore, and Uruguay have met 
the statutory requirements of INA 217 and, effective August 9, 1999, 
are eligible to participate in the Visa Waiver Pilot Program.

Interim Rule

    The Department is promulgating this regulation in conjunction with 
the Immigration and Naturalization Service (INS) because section 217 of 
the INA, requires action by the Attorney General, in consultation with 
the Secretary of State. [See INS Rule also published in this Federal 
Register issue.]
    The Department is implementing this regulation as an interim rule, 
with a 30-day provision for post-promulgation public comments. 
Publication as an interim rule is based upon the ``good cause'' 
exceptions set forth at 5 U.S.C. 553(b)(B) and 553(d)(3). Because this 
rule will facilitate tourist and business travel to and from the 
designated countries, delay for pre-promulgation public comment would 
be contrary to the public interest.
    In accordance with 5 U.S.C. 605(b) [Regulatory Flexibility Act], 
the Department certifies that this rule does not have a ``significant 
adverse economic impact'' on a substantial number of small entities, 
because it is inapplicable. This rule is exempt from E.O. 12866 
[Regulatory Planning and Review] but has been coordinated with the 
Immigration and Naturalization Service because action by the Attorney 
General is required under section 217 of the INA, as amended. The rule 
imposes no reporting or record-keeping action from the public requiring 
the approval of the Office of Management and Budget under the Paperwork 
Reduction Act. The Department has reviewed the rule as required by E.O. 
12988 [Civil Justice Reform] and certifies it to be in compliance 
therewith.

List of Subjects in 22 CFR Part 41

    Aliens, Nonimmigrants, Passports, Temporary visitors, Visas, 
Waivers.

    This interim rule, with request for comments, amends Part 41, Title 
22 as follows:

PART 41--[AMENDED]

    1. The authority citation for part 41 continues to read as follows:

    Authority: 8 U.S.C. 1104.


Sec. 41.2  [Amended]

    2. Amend paragraph (l)(2) of Sec. 41.2 by removing the period at 
the end of the paragraph and adding `` `Portugal, Singapore and 
Uruguay'' (effective August 9, 1999)'' at the end of the sentence.

    Dated: June 25, 1999.
Mary A. Ryan,
Assistant Secretary for Consular Affairs.
[FR Doc. 99-19923 Filed 8-2-99; 8:45 am]
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