[Federal Register Volume 78, Number 215 (Wednesday, November 6, 2013)]
[Rules and Regulations]
[Pages 66814-66815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-26590]



[[Page 66813]]

Vol. 78

Wednesday,

No. 215

November 6, 2013

Part II





 Department of State





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22 CFR Part 41





Visas: Regulatory Exception to Permit Compliance With the United 
Nations Headquarters Agreement and Other International Obligations and 
Clarification of the Definition of ``Immediate Family'' for Certain 
Nonimmigrant Visa Classifications; Final Rule

  Federal Register / Vol. 78, No. 215 / Wednesday, November 6, 2013 / 
Rules and Regulations  

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DEPARTMENT OF STATE

22 CFR Part 41

[Public Notice 8511]
RIN 1400-AD43


Visas: Regulatory Exception to Permit Compliance With the United 
Nations Headquarters Agreement and Other International Obligations and 
Clarification of the Definition of ``Immediate Family'' for Certain 
Nonimmigrant Visa Classifications

AGENCY: Department of State.

ACTION: Final rule.

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SUMMARY: This final rule creates a regulatory exception to visa 
restrictions under applicable laws providing for such an exception, in 
order to permit compliance with the Agreement between the United States 
and the United Nations Regarding the Headquarters of the United Nations 
(UNHQA), signed at Lake Success June 26, 1947, entered into force 
November 21, 1947, and other international obligations. This rule also 
clarifies that the Department of State's definition of ``immediate 
family'' for classifications and also applies to foreign government 
officials who may be admitted in immediate and continuous transit 
through the United States, and to all relevant NATO visa 
classifications under the Agreement on the Status of the North Atlantic 
Treaty Organization, National Representatives, and International Staff, 
signed at Ottawa, September 20, 1951, entered into force May 18 1954.

DATES: This rule is effective November 6, 2013.

FOR FURTHER INFORMATION CONTACT: Jennifer Liu, Legislation and 
Regulations Division, Legal Affairs, Office of Visa Services, Bureau of 
Consular Affairs, Department of State, 2401 E Street NW., Room L-603D, 
Washington, DC 20520-0106, (202) 663-1203, email ([email protected]).

SUPPLEMENTARY INFORMATION:

Why is the Department promulgating this rule?

    This rule amends paragraph (d)(4) of 22 CFR 41.21, by broadening 
the regulatory exception to visa restrictions under applicable laws 
providing for such an exception, in order to allow compliance with the 
UNQHA and other international obligations. Currently, 22 CFR 
41.21(d)(4) implements exceptions to the visa restrictions that are 
contained in the Tom Lantos Bloc Burmese JADE (Junta's Anti-Democratic 
Efforts) Act of 2008 (Pub. L. 110-286), in order to permit the United 
States to comply with the UNHQA and other applicable international 
agreements, and to permit operation of the U.S. and Burmese diplomatic 
missions and other official U.S. business in Burma. Other statutory 
visa restrictions contain similar exceptions, which the regulation does 
not currently implement. For example, the Secretary of State is also 
authorized to prescribe regulations providing for exceptions to the 
visa restrictions to permit the United States to comply with the UNHQA 
and other applicable international obligations under Section 105(c) of 
the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 
2010 (CISADA) (Pub. L. 111-195) and Executive Order 13553, and Section 
301(d) of the Iran Threat Reduction and Syria Human Rights Act of 2012 
(ITRA) (Pub. L. 112-158) and Presidential Memorandum of October 9, 
2012, 78 FR 21183 (Apr. 19, 2013). This rule amends 22 CFR 41.21(d) to 
implement exceptions to the visa restrictions contained in such 
legislation, to allow the United States to comply with UNHQA and other 
applicable international obligations. The term ``international 
obligations'' includes ``international agreements,'' and is used to 
cover the scope of exceptions authorized by ITRA and CISADA. This final 
rule retains the exception authorized by the JADE Act to permit 
operation of the U.S. and Burmese missions and other official U.S. 
business in Burma.
    Additionally, this rule amends 22 CFR 41.21(a)(3) to clarify that, 
under the Agreement on the Status of the North Atlantic Treaty 
Organization, National Representatives, and International Staff, the 
definition of ``immediate family'' used for the classifications in INA 
101(a)(15)(A) and 101(a)(15)(G) also applies to classifications under 
all the NATO visa symbols, where applicable. Similarly, this rule 
adopts the same definition of ``immediate family'' for purposes of INA 
212(d)(8), which permits the admission of officials of foreign 
governments and their immediate families who are in immediate and 
continuous transit through the United States without regard to certain 
provisions of the INA.

Regulatory Findings

A. Administrative Procedure Act

    The Department is publishing this rule as a final rule based on its 
determination that this regulation involves a foreign affairs function 
of the United States and, therefore, in accordance with 5 U.S.C. 
553(a)(1), is not subject to the rule making procedures set forth at 5 
U.S.C. 553.

B. Regulatory Flexibility Act/Executive Order 13272: Small Business

    Because this final rule is exempt from notice and comment 
rulemaking under 5 U.S.C. 553, it is exempt from the regulatory 
flexibility analysis requirements set forth at sections 603 and 604 of 
the Regulatory Flexibility Act (5 U.S.C. 603 and 604). Nonetheless, 
consistent with section 605(b) of the Regulatory Flexibility Act (5 
U.S.C. 605(b)), the Department certifies that this rule will not have a 
significant economic impact on a substantial number of small entities. 
This rule regulates individual aliens applying for visas under INA 
Sec.  101(A)(15) and does not affect any small entities, as defined in 
5 U.S.C. 601(6).

C. The Unfunded Mandates Reform Act of 1995

    Section 202 of the Unfunded Mandates Reform Act of 1995 (Pub. L. 
104-4, 109 Stat. 48, codified at 2 U.S.C. 1532) generally requires 
agencies to prepare a statement before proposing any rule that may 
result in an annual expenditure of $100 million or more by State, 
local, or tribal governments, or by the private sector. This rule will 
not result in any such expenditure, nor will it significantly or 
uniquely affect small governments.

D. Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by 5 U.S.C. 804, for 
purposes of congressional review of agency rulemaking under the Small 
Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121). 
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 adverse 
effects on competition, employment, investment, productivity, 
innovation, or the ability of United States-based companies to compete 
with foreign-based companies in domestic and import markets.

E. Executive Order 12866

    The Department has reviewed this proposed rule to ensure its 
consistency with the regulatory philosophy and principles set forth in 
Executive Order 12866 and has determined that the benefits of this 
final regulation outweigh its costs. The Department does not consider 
this final rule to be an economically significant action within the 
scope of section 3(f)(1) of the Executive Order since it is not likely 
to have an annual effect on the economy

[[Page 66815]]

of $100 million or more or adversely affect in a material way the 
economy, a sector of the economy, competition, jobs, the environment, 
public health or safety, or State, local or tribal governments or 
communities.

F. Executive Order 13563: Improving Regulation and Regulatory Review

    The Department has considered this rule in light of Executive Order 
13563 and affirms that this regulation is consistent with the guidance 
therein.

G. Executive Orders 12372 and 13132: Federalism

    This regulation will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or the distribution of power and responsibilities among the 
various levels of government. The rule will not have federalism 
implications warranting the application of Executive Orders No. 12372 
and No. 13132.

H. Executive Order 12988: Civil Justice Reform

    The Department has reviewed the regulations in light of sections 
3(a) and 3(b)(2) of Executive Order No. 12988 to eliminate ambiguity, 
minimize litigation, establish clear legal standards, and reduce 
burden.

I. Executive Order 13175

    The Department has determined that this rulemaking will not have 
tribal implications, will not impose substantial direct compliance 
costs on Indian tribal governments, and will not pre-empt tribal law. 
Accordingly, the requirements of Executive Order 13175 do not apply to 
this rulemaking.

J. Paperwork Reduction Act

    This rule does not impose new information collection requirements 
under the provisions of the Paperwork Reduction Act, 44 U.S.C. Chapter 
35.

List of Subjects in 22 CFR Part 41

    Documentation of nonimmigrants.

    Accordingly, for the reasons set forth in the preamble, the 22 CFR 
part 41 is amended as follows:

PART 41--[AMENDED]

0
1. The authority citation for Part 41 continues to read as follows:

    Authority:  8 U.S.C. 1104.


0
2. In Sec.  41.21, paragraphs (a)(3) and (d)(4) are revised to read as 
follows:


Sec.  41.21  Foreign Officials--General.

    (a) * * *
    (3) Immediate family, as used in INA 101(a)(15)(A), 101(a)(15)(G), 
and 212(d)(8), and in classification under the NATO visa symbols, means 
the spouse and unmarried sons and daughters, whether by blood or 
adoption, who are not members of some other household, and who will 
reside regularly in the household of the principal alien. ``Immediate 
family'' also includes individuals who:
    (i) Are not members of some other household;
    (ii) Will reside regularly in the household of the principal alien;
    (iii) Are recognized as immediate family members of the principal 
alien by the sending Government as demonstrated by eligibility for 
rights and benefits, such as the issuance of a diplomatic or official 
passport, or travel or other allowances; and
    (iv) Are individually authorized by the Department.
* * * * *
    (d) * * *
    (4) Notwithstanding the visa restrictions imposed by applicable 
laws and consistent with a provision in such laws providing for a 
regulatory exception to the visa restrictions contained therein, a visa 
may be issued to a visa applicant who is otherwise ineligible for a 
visa under such laws:
    (i) To permit the United States to comply with the United Nations 
Headquarters Agreement and other applicable international obligations; 
and
    (ii) To permit the United States and Burma to operate their 
diplomatic missions, and to permit the United States to conduct other 
official United States Government business in Burma.
* * * * *

    Dated: September 26, 2013.
Janice L. Jacobs,
Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. 2013-26590 Filed 11-5-13; 8:45 am]
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