[Federal Register Volume 86, Number 13 (Friday, January 22, 2021)]
[Presidential Documents]
[Pages 6799-6801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01634]


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  Federal Register / Vol. 86 , No. 13 / Friday, January 22, 2021 / 
Presidential Documents  

[[Page 6799]]


                Proclamation 10138 of January 18, 2021

                
Terminating Suspensions of Entry Into the United 
                States of Aliens Who Have Been Physically Present in 
                the Schengen Area, the United Kingdom, the Republic of 
                Ireland, and the Federative Republic of Brazil

                By the President of the United States of America

                A Proclamation

                In the wake of the unprecedented outbreak of COVID-19 
                in the United States, I took action to suspend and 
                limit the entry of aliens recently present in certain 
                foreign jurisdictions where significant COVID-19 
                outbreaks had occurred. These jurisdictions included 
                the People's Republic of China (excluding the Special 
                Administrative Regions of Hong Kong and Macau), the 
                Islamic Republic of Iran, the Schengen Area, the United 
                Kingdom (excluding overseas territories outside of 
                Europe), the Republic of Ireland, and the Federative 
                Republic of Brazil.

                Understanding that the nature of the threat posed by 
                COVID-19 would evolve over time, I directed the 
                Secretary of Health and Human Services to make 
                recommendations to me regarding whether to continue, 
                modify, or terminate the restrictions that I had 
                previously imposed. On January 12, 2021, the Centers 
                for Disease Control and Prevention (CDC) issued an 
                order, effective January 26, 2021, requiring proof of a 
                negative COVID-19 test or documentation of having 
                recovered from COVID-19 for all air passengers arriving 
                from a foreign country to the United States. The 
                Secretary has explained that this action will help to 
                prevent air passengers from the Schengen Area, the 
                United Kingdom, the Republic of Ireland, and the 
                Federative Republic of Brazil from spreading the virus 
                that causes COVID-19 into the United States, as it is 
                the Secretary's understanding that the vast majority of 
                persons entering the United States from these 
                jurisdictions do so by air.

                Moreover, the Secretary expects cooperation from those 
                jurisdictions in implementing the testing order. Public 
                health officials in the jurisdictions have a proven 
                record of working with the United States to share 
                accurate and timely COVID-19 testing and trend data, 
                and the United States has active collaborations with 
                the jurisdictions regarding how to make travel safe 
                between our respective countries. As a result of that 
                record, the Secretary reports high confidence that 
                these jurisdictions will cooperate with the United 
                States in the implementation of CDC's January 12, 2021, 
                order and that tests administered there will yield 
                accurate results.

                This cooperation stands in stark contrast to the 
                behavior of the governments and state-owned enterprises 
                of the People's Republic of China and the Islamic 
                Republic of Iran, which repeatedly have failed to 
                cooperate with the United States public health 
                authorities and to share timely, accurate information 
                about the spread of the virus. Those jurisdictions' 
                responses to the pandemic, their lack of transparency, 
                and their lack of cooperation with the United States 
                thus far in combatting the pandemic, cast doubt on 
                their cooperation in implementing CDC's January 12, 
                2021, order.

                Accordingly, the Secretary has advised me to remove the 
                restrictions applicable to the Schengen Area, the 
                United Kingdom, the Republic of Ireland, and the 
                Federative Republic of Brazil, while leaving in place 
                the restrictions

[[Page 6800]]

                applicable to the People's Republic of China and the 
                Islamic Republic of Iran. I agree with the Secretary 
                that this action is the best way to continue protecting 
                Americans from COVID-19 while enabling travel to resume 
                safely.

                NOW, THEREFORE, I, DONALD J. TRUMP, President of the 
                United States, by the authority vested in me by the 
                Constitution and the laws of the United States of 
                America, including sections 212(f) and 215(a) of the 
                Immigration and Nationality Act, 8 U.S.C. 1182(f) and 
                1185(a), hereby find that the unrestricted entry into 
                the United States of persons who have been physically 
                present in the Schengen Area, the United Kingdom 
                (excluding overseas territories outside of Europe), the 
                Republic of Ireland, and the Federative Republic of 
                Brazil is no longer detrimental to the interests of the 
                United States and find that it is in the interest of 
                the United States to terminate the suspension of entry 
                into the United States of persons who have been 
                physically present in those jurisdictions. Accordingly, 
                I hereby proclaim:

                Section 1. Terminations. Proclamation 9993 of March 11, 
                2020 (Suspension of Entry as Immigrants and 
                Nonimmigrants of Certain Additional Persons Who Pose a 
                Risk of Transmitting 2019 Novel Coronavirus), 
                Proclamation 9996 of March 14, 2020 (Suspension of 
                Entry as Immigrants and Nonimmigrants of Certain 
                Additional Persons Who Pose a Risk of Transmitting 2019 
                Novel Coronavirus), and Proclamation 10041 of May 24, 
                2020 (Suspension of Entry as Immigrants and 
                Nonimmigrants of Certain Additional Persons Who Pose a 
                Risk of Transmitting 2019 Novel Coronavirus), are 
                hereby terminated effective at 12:01 a.m. eastern 
                standard time on January 26, 2021.

                Sec. 2. General Provisions. (a) Nothing in this 
                proclamation shall be construed to impair or otherwise 
                affect:

(i) the authority granted by law to an executive department or agency, or 
the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals.

                    (b) This proclamation shall be implemented in a 
                manner consistent with applicable law and subject to 
                the availability of appropriations.
                    (c) This proclamation is not intended to, and does 
                not, create any right or benefit, substantive or 
                procedural, enforceable at law or in equity by any 
                party against the United States, its departments, 
                agencies, or entities, its officers, employees, or 
                agents, or any other person.

[[Page 6801]]

                IN WITNESS WHEREOF, I have hereunto set my hand this 
                eighteenth day of January, in the year of our Lord two 
                thousand twenty-one, and of the Independence of the 
                United States of America the two hundred and forty-
                fifth.
                
                
                    (Presidential Sig.)

[FR Doc. 2021-01634
Filed 1-21-21; 11:15 am]
Billing code 3295-F1-P