[Federal Register Volume 69, Number 36 (Tuesday, February 24, 2004)]
[Notices]
[Page 8513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4007]



[[Page 8513]]

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DEPARTMENT OF STATE

[Delegation of Authority 269]


Exemptions From US-VISIT

    By virtue of the authority vested in me as Secretary of State, 
including the authority of Section 1 of the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 2651a), as amended, and the 
authority conferred on me by 8 CFR 215.8(a)(2) and 235.1(d)(1)(iv), I 
hereby delegate the following functions as indicated.

Section 1. Functions Delegated to the Assistant Secretary for Consular 
Affairs, the Chief of Protocol, the Permanent Representative to the 
United Nations, Chiefs of Mission, Other Principal Officers, or Deputy 
Chiefs of Mission, and the Director and Deputy Director of American 
Institute of Taiwan

a. Functions Delegated

    The functions vested in me as Secretary of State by 8 CFR 
215.8(a)(2) and 235.1(d)(1)(iv) (relating to exempting individual 
aliens from arriving or departing requirements for fingerprinting and 
photographing or for providing other specified biometric identifiers), 
to be exercised under the standards and procedures set forth below.

b. Standards

    (1) A determination by the Assistant Secretary for Consular Affairs 
to exempt an individual may be made in any case in which an exemption 
is in the national interest.
    (2) A determination by the Chief of Protocol to exempt an 
individual may be made only after consultation with the Assistant 
Secretary for CA, or her designee, and only in cases in which: (a) 
Protocol has responsibility for the movement of a high-ranking foreign 
government official or members of that official's delegation; and (b) 
the individual could have traveled on a visa that would have qualified 
for an exemption under 8 CFR 215.8(a)(2)(ii) or (iii), or 
235.1(d)(1)(iv)(A), (B), or (C).
    (3) A determination by the Permanent Representative to the United 
Nations to exempt an individual may be made only if the individual is a 
member of a Permanent Observer Mission or Office to the United Nations 
who is granted a ``B'' visa by virtue of the member's status with the 
United Nations or an immediate family member of such member who is 
granted a ``B'' visa for purposes of accompanying the member.
    (4) A determination by a Chief of Mission, other Principal Officer, 
Deputy Chief of Mission, or the Director or Deputy Director of American 
Institute of Taiwan may be made only for an individual nonimmigrant 
alien who qualifies for a Class A Referral under guidelines currently 
found at 9 FAM 302, App. K, which guidelines may be changed from time 
to time in accordance with Department procedures.

c. Procedures

    Any individual exceptions granted pursuant to this delegation, and 
the factual basis therefore, shall be granted and documented in 
accordance with instructions from the Bureau of Consular Affairs.

Section 2. Additional Functions Delegated to the Assistant Secretary 
for Consular Affairs

    The functions vested in me as Secretary of State by 8 CFR 
215.8(a)(2)(iii) and 235.1(d)(1)(iv)(C) (relating to exempting jointly 
with the Secretary of Homeland Security classes of aliens from arriving 
or departing requirements for fingerprinting and photographing or for 
providing other specified biometric identifiers).

Section 3. Technical Provisions

    The Assistant Secretary for Consular Affairs and the Permanent 
Representative to the United Nations may redelegate the functions 
delegated to them by this delegation.
    Notwithstanding any provision of this Delegation of Authority, the 
Secretary of State, the Deputy Secretary of State, the Under Secretary 
for Political Affairs, and the Under Secretary of State for Management 
may at any time exercise any function delegated by this delegation of 
authority.
    The statutes, regulations, and procedures referenced in this 
delegation shall be deemed to be such statutes, regulations, or 
procedures as amended from time to time.
    This delegation shall be published in the Federal Register.

    Dated: January 30, 2004.
Colin L. Powell,
Secretary of State, Department of State.
[FR Doc. 04-4007 Filed 2-23-04; 8:45 am]
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