[United States Statutes at Large, Volume 131, 115th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

 
Proclamation 9645 of September 24, 2017

Enhancing Vetting Capabilities and Processes for Detecting Attempted
Entry Into the United States by Terrorists or Other Public-Safety
Threats

By the President of the United States of America

A Proclamation

In Executive Order 13780 of March 6, 2017 (Protecting the Nation from
Foreign Terrorist Entry into the United States), on the recommendations
of the Secretary of Homeland Security and the Attorney General, I
ordered a worldwide review of whether, and if so what, additional
information would be needed from each foreign country to assess
adequately whether their nationals seeking to enter the United States
pose a security or safety threat. This was the first such review of its
kind in United States history. As part of the review, the Secretary of
Homeland Security established global requirements for information
sharing in support of immigration screening and vetting. The Secretary
of Homeland Security developed a comprehensive set of criteria and
applied it to the information-sharing practices, policies, and
capabilities of foreign governments. The Secretary of State thereafter
engaged with the countries reviewed in an effort to address deficiencies
and achieve improvements. In many instances, those efforts produced
positive results. By obtaining additional information and formal
commitments from foreign governments, the United States Government has
improved its capacity and ability to assess whether foreign nationals
attempting to enter the United States pose a security or safety threat.
Our Nation is safer as a result of this work.
Despite those efforts, the Secretary of Homeland Security, in
consultation with the Secretary of State and the Attorney General, has
determined that a small number of countries--out of nearly 200
evaluated--remain deficient at this time with respect to their identity-
management and information-sharing capabilities, protocols, and
practices. In some cases, these countries also have a significant
terrorist presence within their territory.
As President, I must act to protect the security and interests of the
United States and its people. I am committed to our ongoing efforts to
engage those countries willing to cooperate, improve information-sharing
and identity-management protocols and procedures, and address both
terrorism-related and public-safety risks. Some of the countries with
remaining inadequacies face significant challenges. Others have made
strides to improve their protocols and procedures, and I commend them
for these efforts. But until they satisfactorily address the identified
inadequacies, I have determined, on the basis of recommendations from
the Secretary of Homeland Security and other members of my Cabinet, to
impose certain conditional restrictions and limitations, as set forth
more fully below, on entry into the United States of nationals of the
countries identified in section 2 of this proclamation.
NOW, THEREFORE, I, DONALD J. TRUMP, 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 (INA),
8 U.S.C. 1182(f) and 1185(a), and section 301 of title 3,

[[Page 2506]]

United States Code, hereby find that, absent the measures set forth in
this proclamation, the immigrant and nonimmigrant entry into the United
States of persons described in section 2 of this proclamation would be
detrimental to the interests of the United States, and that their entry
should be subject to certain restrictions, limitations, and exceptions.
I therefore hereby proclaim the following:
Section 1. Policy and Purpose. (a) It is the policy of the United States
to protect its citizens from terrorist attacks and other public-safety
threats. Screening and vetting protocols and procedures associated with
visa adjudications and other immigration processes play a critical role
in implementing that policy. They enhance our ability to detect foreign
nationals who may commit, aid, or support acts of terrorism, or
otherwise pose a safety threat, and they aid our efforts to prevent such
individuals from entering the United States.
(b) Information-sharing and identity-management protocols and
practices of foreign governments are important for the effectiveness of
the screening and vetting protocols and procedures of the United States.
Governments manage the identity and travel documents of their nationals
and residents. They also control the circumstances under which they
provide information about their nationals to other governments,
including information about known or suspected terrorists and criminal-
history information. It is, therefore, the policy of the United States
to take all necessary and appropriate steps to encourage foreign
governments to improve their information-sharing and identity-management
protocols and practices and to regularly share identity and threat
information with our immigration screening and vetting systems.
(c) Section 2(a) of Executive Order 13780 directed a ``worldwide
review to identify whether, and if so what, additional information will
be needed from each foreign country to adjudicate an application by a
national of that country for a visa, admission, or other benefit under
the INA (adjudications) in order to determine that the individual is not
a security or public-safety threat.'' That review culminated in a report
submitted to the President by the Secretary of Homeland Security on July
9, 2017. In that review, the Secretary of Homeland Security, in
consultation with the Secretary of State and the Director of National
Intelligence, developed a baseline for the kinds of information required
from foreign governments to support the United States Government's
ability to confirm the identity of individuals seeking entry into the
United States as immigrants and nonimmigrants, as well as individuals
applying for any other benefit under the immigration laws, and to assess
whether they are a security or public-safety threat. That baseline
incorporates three categories of criteria:
(i) Identity-management information. The United States expects
foreign governments to provide the information needed to determine
whether individuals seeking benefits under the immigration laws are who
they claim to be. The identity-management information category focuses
on the integrity of documents required for travel to the United States.
The criteria assessed in this category include whether the country
issues electronic passports embedded with data to enable confirmation of
identity, reports lost and stolen passports to appropriate entities, and
makes available upon request identity-related information not included
in its passports.

[[Page 2507]]

(ii) National security and public-safety information. The United
States expects foreign governments to provide information about whether
persons who seek entry to this country pose national security or public-
safety risks. The criteria assessed in this category include whether the
country makes available, directly or indirectly, known or suspected
terrorist and criminal-history information upon request, whether the
country provides passport and national-identity document exemplars, and
whether the country impedes the United States Government's receipt of
information about passengers and crew traveling to the United States.
(iii) National security and public-safety risk assessment. The
national security and public-safety risk assessment category focuses on
national security risk indicators. The criteria assessed in this
category include whether the country is a known or potential terrorist
safe haven, whether it is a participant in the Visa Waiver Program
established under section 217 of the INA, 8 U.S.C. 1187, that meets all
of its requirements, and whether it regularly fails to receive its
nationals subject to final orders of removal from the United States.
(d) The Department of Homeland Security, in coordination with the
Department of State, collected data on the performance of all foreign
governments and assessed each country against the baseline described in
subsection (c) of this section. The assessment focused, in particular,
on identity management, security and public-safety threats, and national
security risks. Through this assessment, the agencies measured each
country's performance with respect to issuing reliable travel documents
and implementing adequate identity-management and information-sharing
protocols and procedures, and evaluated terrorism-related and public-
safety risks associated with foreign nationals seeking entry into the
United States from each country.
(e) The Department of Homeland Security evaluated each country
against the baseline described in subsection (c) of this section. The
Secretary of Homeland Security identified 16 countries as being
``inadequate'' based on an analysis of their identity-management
protocols, information-sharing practices, and risk factors. Thirty-one
additional countries were classified ``at risk'' of becoming
``inadequate'' based on those criteria.
(f) As required by section 2(d) of Executive Order 13780, the
Department of State conducted a 50-day engagement period to encourage
all foreign governments, not just the 47 identified as either
``inadequate'' or ``at risk,'' to improve their performance with respect
to the baseline described in subsection (c) of this section. Those
engagements yielded significant improvements in many countries. Twenty-
nine countries, for example, provided travel document exemplars for use
by Department of Homeland Security officials to combat fraud. Eleven
countries agreed to share information on known or suspected terrorists.
(g) The Secretary of Homeland Security assesses that the following
countries continue to have ``inadequate'' identity-management protocols,
information-sharing practices, and risk factors, with respect to the
baseline described in subsection (c) of this section, such that entry
restrictions and limitations are recommended: Chad, Iran, Libya, North
Korea, Syria, Venezuela, and Yemen. The Secretary of Homeland Security
also assesses that Iraq did not meet the baseline, but that entry
restrictions and limitations under a Presidential proclamation are not

[[Page 2508]]

warranted. The Secretary of Homeland Security recommends, however, that
nationals of Iraq who seek to enter the United States be subject to
additional scrutiny to determine if they pose risks to the national
security or public safety of the United States. In reaching these
conclusions, the Secretary of Homeland Security considered the close
cooperative relationship between the United States and the
democratically elected government of Iraq, the strong United States
diplomatic presence in Iraq, the significant presence of United States
forces in Iraq, and Iraq's commitment to combating the Islamic State of
Iraq and Syria (ISIS).
(h) Section 2(e) of Executive Order 13780 directed the Secretary of
Homeland Security to ``submit to the President a list of countries
recommended for inclusion in a Presidential proclamation that would
prohibit the entry of appropriate categories of foreign nationals of
countries that have not provided the information requested until they do
so or until the Secretary of Homeland Security certifies that the
country has an adequate plan to do so, or has adequately shared
information through other means.'' On September 15, 2017, the Secretary
of Homeland Security submitted a report to me recommending entry
restrictions and limitations on certain nationals of 7 countries
determined to be ``inadequate'' in providing such information and in
light of other factors discussed in the report. According to the report,
the recommended restrictions would help address the threats that the
countries' identity-management protocols, information-sharing
inadequacies, and other risk factors pose to the security and welfare of
the United States. The restrictions also encourage the countries to work
with the United States to address those inadequacies and risks so that
the restrictions and limitations imposed by this proclamation may be
relaxed or removed as soon as possible.
(i) In evaluating the recommendations of the Secretary of Homeland
Security and in determining what restrictions to impose for each
country, I consulted with appropriate Assistants to the President and
members of the Cabinet, including the Secretaries of State, Defense, and
Homeland Security, and the Attorney General. I considered several
factors, including each country's capacity, ability, and willingness to
cooperate with our identity-management and information-sharing policies
and each country's risk factors, such as whether it has a significant
terrorist presence within its territory. I also considered foreign
policy, national security, and counterterrorism goals. I reviewed these
factors and assessed these goals, with a particular focus on crafting
those country-specific restrictions that would be most likely to
encourage cooperation given each country's distinct circumstances, and
that would, at the same time, protect the United States until such time
as improvements occur. The restrictions and limitations imposed by this
proclamation are, in my judgment, necessary to prevent the entry of
those foreign nationals about whom the United States Government lacks
sufficient information to assess the risks they pose to the United
States. These restrictions and limitations are also needed to elicit
improved identity-management and information-sharing protocols and
practices from foreign governments; and to advance foreign policy,
national security, and counterterrorism objectives.
(ii) After reviewing the Secretary of Homeland Security's report of
September 15, 2017, and accounting for the foreign policy, national
security, and counterterrorism objectives of the United States, I have
de

[[Page 2509]]

termined to restrict and limit the entry of nationals of 7 countries
found to be ``inadequate'' with respect to the baseline described in
subsection (c) of this section: Chad, Iran, Libya, North Korea, Syria,
Venezuela, and Yemen. These restrictions distinguish between the entry
of immigrants and nonimmigrants. Persons admitted on immigrant visas
become lawful permanent residents of the United States. Such persons may
present national security or public-safety concerns that may be distinct
from those admitted as nonimmigrants. The United States affords lawful
permanent residents more enduring rights than it does to nonimmigrants.
Lawful permanent residents are more difficult to remove than
nonimmigrants even after national security concerns arise, which
heightens the costs and dangers of errors associated with admitting such
individuals. And although immigrants generally receive more extensive
vetting than nonimmigrants, such vetting is less reliable when the
country from which someone seeks to emigrate exhibits significant gaps
in its identity-management or information-sharing policies, or presents
risks to the national security of the United States. For all but one of
those 7 countries, therefore, I am restricting the entry of all
immigrants.
(iii) I am adopting a more tailored approach with respect to
nonimmigrants, in accordance with the recommendations of the Secretary
of Homeland Security. For some countries found to be ``inadequate'' with
respect to the baseline described in subsection (c) of this section, I
am restricting the entry of all nonimmigrants. For countries with
certain mitigating factors, such as a willingness to cooperate or play a
substantial role in combatting terrorism, I am restricting the entry
only of certain categories of nonimmigrants, which will mitigate the
security threats presented by their entry into the United States. In
those cases in which future cooperation seems reasonably likely, and
accounting for foreign policy, national security, and counterterrorism
objectives, I have tailored the restrictions to encourage such
improvements.
(i) Section 2(e) of Executive Order 13780 also provided that the
``Secretary of State, the Attorney General, or the Secretary of Homeland
Security may also submit to the President the names of additional
countries for which any of them recommends other lawful restrictions or
limitations deemed necessary for the security or welfare of the United
States.'' The Secretary of Homeland Security determined that Somalia
generally satisfies the information-sharing requirements of the baseline
described in subsection (c) of this section, but its government's
inability to effectively and consistently cooperate, combined with the
terrorist threat that emanates from its territory, present special
circumstances that warrant restrictions and limitations on the entry of
its nationals into the United States. Somalia's identity-management
deficiencies and the significant terrorist presence within its territory
make it a source of particular risks to the national security and public
safety of the United States. Based on the considerations mentioned
above, and as described further in section 2(h) of this proclamation, I
have determined that entry restrictions, limitations, and other measures
designed to ensure proper screening and vetting for nationals of Somalia
are necessary for the security and welfare of the United States.
(j) Section 2 of this proclamation describes some of the
inadequacies that led me to impose restrictions on the specified
countries. Describing all of those reasons publicly, however, would
cause serious damage

[[Page 2510]]

to the national security of the United States, and many such
descriptions are classified.
Sec. 2. Suspension of Entry for Nationals of Countries of Identified
Concern. The entry into the United States of nationals of the following
countries is hereby suspended and limited, as follows, subject to
categorical exceptions and case-by-case waivers, as described in
sections 3 and 6 of this proclamation:
(a) Chad.
(i) The government of Chad is an important and valuable
counterterrorism partner of the United States, and the United States
Government looks forward to expanding that cooperation, including in the
areas of immigration and border management. Chad has shown a clear
willingness to improve in these areas. Nonetheless, Chad does not
adequately share public-safety and terrorism-related information and
fails to satisfy at least one key risk criterion. Additionally, several
terrorist groups are active within Chad or in the surrounding region,
including elements of Boko Haram, ISIS-West Africa, and al-Qa'ida in the
Islamic Maghreb. At this time, additional information sharing to
identify those foreign nationals applying for visas or seeking entry
into the United States who represent national security and public-safety
threats is necessary given the significant terrorism-related risk from
this country.
(ii) The entry into the United States of nationals of Chad, as
immigrants, and as nonimmigrants on business (B-1), tourist (B-2), and
business/tourist (B-1/B-2) visas, is hereby suspended.
(b) Iran.
(i) Iran regularly fails to cooperate with the United States
Government in identifying security risks, fails to satisfy at least one
key risk criterion, is the source of significant terrorist threats, and
fails to receive its nationals subject to final orders of removal from
the United States. The Department of State has also designated Iran as a
state sponsor of terrorism.
(ii) The entry into the United States of nationals of Iran as
immigrants and as nonimmigrants is hereby suspended, except that entry
by such nationals under valid student (F and M) and exchange visitor (J)
visas is not suspended, although such individuals should be subject to
enhanced screening and vetting requirements.
(c) Libya.
(i) The government of Libya is an important and valuable
counterterrorism partner of the United States, and the United States
Government looks forward to expanding on that cooperation, including in
the areas of immigration and border management. Libya, nonetheless,
faces significant challenges in sharing several types of information,
including public-safety and terrorism-related information necessary for
the protection of the national security and public safety of the United
States. Libya also has significant inadequacies in its identity-
management protocols. Further, Libya fails to satisfy at least one key
risk criterion and has been assessed to be not fully cooperative with
respect to receiving its nationals subject to final orders of removal
from the United States. The substantial terrorist presence within
Libya's territory amplifies the risks posed by the entry into the United
States of its nationals.

[[Page 2511]]

(ii) The entry into the United States of nationals of Libya, as
immigrants, and as nonimmigrants on business (B-1), tourist (B-2), and
business/tourist (B-1/B-2) visas, is hereby suspended.
(d) North Korea.
(i) North Korea does not cooperate with the United States Government
in any respect and fails to satisfy all information-sharing
requirements.
(ii) The entry into the United States of nationals of North Korea as
immigrants and nonimmigrants is hereby suspended.
(e) Syria.
(i) Syria regularly fails to cooperate with the United States
Government in identifying security risks, is the source of significant
terrorist threats, and has been designated by the Department of State as
a state sponsor of terrorism. Syria has significant inadequacies in
identity-management protocols, fails to share public-safety and
terrorism information, and fails to satisfy at least one key risk
criterion.
(ii) The entry into the United States of nationals of Syria as
immigrants and nonimmigrants is hereby suspended.
(f) Venezuela.
(i) Venezuela has adopted many of the baseline standards identified
by the Secretary of Homeland Security and in section 1 of this
proclamation, but its government is uncooperative in verifying whether
its citizens pose national security or public-safety threats.
Venezuela's government fails to share public-safety and terrorism-
related information adequately, fails to satisfy at least one key risk
criterion, and has been assessed to be not fully cooperative with
respect to receiving its nationals subject to final orders of removal
from the United States. There are, however, alternative sources for
obtaining information to verify the citizenship and identity of
nationals from Venezuela. As a result, the restrictions imposed by this
proclamation focus on government officials of Venezuela who are
responsible for the identified inadequacies.
(ii) Notwithstanding section 3(b)(v) of this proclamation, the entry
into the United States of officials of government agencies of Venezuela
involved in screening and vetting procedures--including the Ministry of
the Popular Power for Interior, Justice and Peace; the Administrative
Service of Identification, Migration and Immigration; the Scientific,
Penal and Criminal Investigation Service Corps; the Bolivarian National
Intelligence Service; and the Ministry of the Popular Power for Foreign
Relations--and their immediate family members, as nonimmigrants on
business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas, is
hereby suspended. Further, nationals of Venezuela who are visa holders
should be subject to appropriate additional measures to ensure traveler
information remains current.
(g) Yemen.
(i) The government of Yemen is an important and valuable
counterterrorism partner, and the United States Government looks forward
to expanding that cooperation, including in the areas of immigration and
border management. Yemen, nonetheless, faces significant identity-
management challenges, which are amplified by the notable terrorist

[[Page 2512]]

presence within its territory. The government of Yemen fails to satisfy
critical identity-management requirements, does not share public-safety
and terrorism-related information adequately, and fails to satisfy at
least one key risk criterion.
(ii) The entry into the United States of nationals of Yemen as
immigrants, and as nonimmigrants on business (B-1), tourist (B-2), and
business/tourist (B-1/B-2) visas, is hereby suspended.
(h) Somalia.
(i) The Secretary of Homeland Security's report of September 15,
2017, determined that Somalia satisfies the information-sharing
requirements of the baseline described in section 1(c) of this
proclamation. But several other considerations support imposing entry
restrictions and limitations on Somalia. Somalia has significant
identity-management deficiencies. For example, while Somalia issues an
electronic passport, the United States and many other countries do not
recognize it. A persistent terrorist threat also emanates from Somalia's
territory. The United States Government has identified Somalia as a
terrorist safe haven. Somalia stands apart from other countries in the
degree to which its government lacks command and control of its
territory, which greatly limits the effectiveness of its national
capabilities in a variety of respects. Terrorists use under-governed
areas in northern, central, and southern Somalia as safe havens from
which to plan, facilitate, and conduct their operations. Somalia also
remains a destination for individuals attempting to join terrorist
groups that threaten the national security of the United States. The
State Department's 2016 Country Reports on Terrorism observed that
Somalia has not sufficiently degraded the ability of terrorist groups to
plan and mount attacks from its territory. Further, despite having made
significant progress toward formally federating its member states, and
its willingness to fight terrorism, Somalia continues to struggle to
provide the governance needed to limit terrorists' freedom of movement,
access to resources, and capacity to operate. The government of
Somalia's lack of territorial control also compromises Somalia's
ability, already limited because of poor recordkeeping, to share
information about its nationals who pose criminal or terrorist risks. As
a result of these and other factors, Somalia presents special concerns
that distinguish it from other countries.
(ii) The entry into the United States of nationals of Somalia as
immigrants is hereby suspended. Additionally, visa adjudications for
nationals of Somalia and decisions regarding their entry as
nonimmigrants should be subject to additional scrutiny to determine if
applicants are connected to terrorist organizations or otherwise pose a
threat to the national security or public safety of the United States.
Sec. 3. Scope and Implementation of Suspensions and Limitations. (a)
Scope. Subject to the exceptions set forth in subsection (b) of this
section and any waiver under subsection (c) of this section, the
suspensions of and limitations on entry pursuant to section 2 of this
proclamation shall apply only to foreign nationals of the designated
countries who:
(i) are outside the United States on the applicable effective date
under section 7 of this proclamation;
(ii) do not have a valid visa on the applicable effective date under
section 7 of this proclamation; and

[[Page 2513]]

(iii) do not qualify for a visa or other valid travel document under
section 6(d) of this proclamation.
(b) Exceptions. The suspension of entry pursuant to section 2 of
this proclamation shall not apply to:
(i) any lawful permanent resident of the United States;
(ii) any foreign national who is admitted to or paroled into the
United States on or after the applicable effective date under section 7
of this proclamation;
(iii) any foreign national who has a document other than a visa--
such as a transportation letter, an appropriate boarding foil, or an
advance parole document--valid on the applicable effective date under
section 7 of this proclamation or issued on any date thereafter, that
permits him or her to travel to the United States and seek entry or
admission;
(iv) any dual national of a country designated under section 2 of
this proclamation when the individual is traveling on a passport issued
by a non-designated country;
(v) any foreign national traveling on a diplomatic or diplomatic-
type visa, North Atlantic Treaty Organization visa, C-2 visa for travel
to the United Nations, or G-1, G-2, G-3, or G-4 visa; or
(vi) any foreign national who has been granted asylum by the United
States; any refugee who has already been admitted to the United States;
or any individual who has been granted withholding of removal, advance
parole, or protection under the Convention Against Torture.
(c) Waivers. Notwithstanding the suspensions of and limitations on
entry set forth in section 2 of this proclamation, a consular officer,
or the Commissioner, United States Customs and Border Protection (CBP),
or the Commissioner's designee, as appropriate, may, in their
discretion, grant waivers on a case-by-case basis to permit the entry of
foreign nationals for whom entry is otherwise suspended or limited if
such foreign nationals demonstrate that waivers would be appropriate and
consistent with subsections (i) through (iv) of this subsection. The
Secretary of State and the Secretary of Homeland Security shall
coordinate to adopt guidance addressing the circumstances in which
waivers may be appropriate for foreign nationals seeking entry as
immigrants or nonimmigrants.
(i) A waiver may be granted only if a foreign national demonstrates
to the consular officer's or CBP official's satisfaction that:
(A) denying entry would cause the foreign national undue hardship;
(B) entry would not pose a threat to the national security or
public safety of the United States; and
(C) entry would be in the national interest.
(ii) The guidance issued by the Secretary of State and the Secretary
of Homeland Security under this subsection shall address the standards,
policies, and procedures for:
(A) determining whether the entry of a foreign national would not
pose a threat to the national security or public safety of the United
States;

[[Page 2514]]

(B) determining whether the entry of a foreign national would be
in the national interest;
(C) addressing and managing the risks of making such a
determination in light of the inadequacies in information sharing,
identity management, and other potential dangers posed by the nationals
of individual countries subject to the restrictions and limitations
imposed by this proclamation;
(D) assessing whether the United States has access, at the time of
the waiver determination, to sufficient information about the foreign
national to determine whether entry would satisfy the requirements of
subsection (i) of this subsection; and
(E) determining the special circumstances that would justify
granting a waiver under subsection (iv)(E) of this subsection.
(iii) Unless otherwise specified by the Secretary of Homeland
Security, any waiver issued by a consular officer as part of the visa
adjudication process will be effective both for the issuance of a visa
and for any subsequent entry on that visa, but will leave unchanged all
other requirements for admission or entry.
(iv) Case-by-case waivers may not be granted categorically, but may
be appropriate, subject to the limitations, conditions, and requirements
set forth under subsection (i) of this subsection and the guidance
issued under subsection (ii) of this subsection, in individual
circumstances such as the following:
(A) the foreign national has previously been admitted to the
United States for a continuous period of work, study, or other long-term
activity, is outside the United States on the applicable effective date
under section 7 of this proclamation, seeks to reenter the United States
to resume that activity, and the denial of reentry would impair that
activity;
(B) the foreign national has previously established significant
contacts with the United States but is outside the United States on the
applicable effective date under section 7 of this proclamation for work,
study, or other lawful activity;
(C) the foreign national seeks to enter the United States for
significant business or professional obligations and the denial of entry
would impair those obligations;
(D) the foreign national seeks to enter the United States to visit
or reside with a close family member (e.g., a spouse, child, or parent)
who is a United States citizen, lawful permanent resident, or alien
lawfully admitted on a valid nonimmigrant visa, and the denial of entry
would cause the foreign national undue hardship;
(E) the foreign national is an infant, a young child or adoptee,
an individual needing urgent medical care, or someone whose entry is
otherwise justified by the special circumstances of the case;
(F) the foreign national has been employed by, or on behalf of,
the United States Government (or is an eligible dependent of such an
employee), and the foreign national can document that he or she has
provided faithful and valuable service to the United States Government;
(G) the foreign national is traveling for purposes related to an
international organization designated under the International Organiza

[[Page 2515]]

tions Immunities Act (IOIA), 22 U.S.C. 288 et seq., traveling for
purposes of conducting meetings or business with the United States
Government, or traveling to conduct business on behalf of an
international organization not designated under the IOIA;
(H) the foreign national is a Canadian permanent resident who
applies for a visa at a location within Canada;
(I) the foreign national is traveling as a United States
Government-sponsored exchange visitor; or
(J) the foreign national is traveling to the United States, at the
request of a United States Government department or agency, for
legitimate law enforcement, foreign policy, or national security
purposes.
Sec. 4. Adjustments to and Removal of Suspensions and Limitations. (a)
The Secretary of Homeland Security shall, in consultation with the
Secretary of State, devise a process to assess whether any suspensions
and limitations imposed by section 2 of this proclamation should be
continued, terminated, modified, or supplemented. The process shall
account for whether countries have improved their identity-management
and information-sharing protocols and procedures based on the criteria
set forth in section 1 of this proclamation and the Secretary of
Homeland Security's report of September 15, 2017. Within 180 days of the
date of this proclamation, and every 180 days thereafter, the Secretary
of Homeland Security, in consultation with the Secretary of State, the
Attorney General, the Director of National Intelligence, and other
appropriate heads of agencies, shall submit a report with
recommendations to the President, through appropriate Assistants to the
President, regarding the following:
(i) the interests of the United States, if any, that continue to
require the suspension of, or limitations on, the entry on certain
classes of nationals of countries identified in section 2 of this
proclamation and whether the restrictions and limitations imposed by
section 2 of this proclamation should be continued, modified,
terminated, or supplemented; and
(ii) the interests of the United States, if any, that require the
suspension of, or limitations on, the entry of certain classes of
nationals of countries not identified in this proclamation.
(b) The Secretary of State, in consultation with the Secretary of
Homeland Security, the Secretary of Defense, the Attorney General, the
Director of National Intelligence, and the head of any other executive
department or agency (agency) that the Secretary of State deems
appropriate, shall engage the countries listed in section 2 of this
proclamation, and any other countries that have information-sharing,
identity-management, or risk-factor deficiencies as practicable,
appropriate, and consistent with the foreign policy, national security,
and public-safety objectives of the United States.
(c) Notwithstanding the process described above, and consistent with
the process described in section 2(f) of Executive Order 13780, if the
Secretary of Homeland Security, in consultation with the Secretary of
State, the Attorney General, and the Director of National Intelligence,
determines, at any time, that a country meets the standards of the
baseline described in section 1(c) of this proclamation, that a country
has an adequate plan to provide such information, or that one or more of
the restrictions or limitations imposed on the entry of a coun

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try's nationals are no longer necessary for the security or welfare of
the United States, the Secretary of Homeland Security may recommend to
the President the removal or modification of any or all such
restrictions and limitations. The Secretary of Homeland Security, the
Secretary of State, or the Attorney General may also, as provided for in
Executive Order 13780, submit to the President the names of additional
countries for which any of them recommends any lawful restrictions or
limitations deemed necessary for the security or welfare of the United
States.
Sec. 5. Reports on Screening and Vetting Procedures. (a) The Secretary
of Homeland Security, in coordination with the Secretary of State, the
Attorney General, the Director of National Intelligence, and other
appropriate heads of agencies shall submit periodic reports to the
President, through appropriate Assistants to the President, that:
(i) describe the steps the United States Government has taken to
improve vetting for nationals of all foreign countries, including
through improved collection of biometric and biographic data;
(ii) describe the scope and magnitude of fraud, errors, false
information, and unverifiable claims, as determined by the Secretary of
Homeland Security on the basis of a validation study, made in
applications for immigration benefits under the immigration laws; and
(iii) evaluate the procedures related to screening and vetting
established by the Department of State's Bureau of Consular Affairs in
order to enhance the safety and security of the United States and to
ensure sufficient review of applications for immigration benefits.
(b) The initial report required under subsection (a) of this section
shall be submitted within 180 days of the date of this proclamation; the
second report shall be submitted within 270 days of the first report;
and reports shall be submitted annually thereafter.
(c) The agency heads identified in subsection (a) of this section
shall coordinate any policy developments associated with the reports
described in subsection (a) of this section through the appropriate
Assistants to the President.
Sec. 6. Enforcement. (a) The Secretary of State and the Secretary of
Homeland Security shall consult with appropriate domestic and
international partners, including countries and organizations, to ensure
efficient, effective, and appropriate implementation of this
proclamation.
(b) In implementing this proclamation, the Secretary of State and
the Secretary of Homeland Security shall comply with all applicable laws
and regulations, including those that provide an opportunity for
individuals to enter the United States on the basis of a credible claim
of fear of persecution or torture.
(c) No immigrant or nonimmigrant visa issued before the applicable
effective date under section 7 of this proclamation shall be revoked
pursuant to this proclamation.
(d) Any individual whose visa was marked revoked or marked canceled
as a result of Executive Order 13769 of January 27, 2017 (Protecting the
Nation from Foreign Terrorist Entry into the United States), shall be
entitled to a travel document confirming that the individual is
permitted to travel to the United States and seek entry under the terms
and conditions of the visa marked revoked or marked canceled. Any prior
cancellation or revocation of a visa that was solely pursuant

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to Executive Order 13769 shall not be the basis of inadmissibility for
any future determination about entry or admissibility.
(e) This proclamation shall not apply to an individual who has been
granted asylum by the United States, to a refugee who has already been
admitted to the United States, or to an individual granted withholding
of removal or protection under the Convention Against Torture. Nothing
in this proclamation shall be construed to limit the ability of an
individual to seek asylum, refugee status, withholding of removal, or
protection under the Convention Against Torture, consistent with the
laws of the United States.
Sec. 7. Effective Dates. Executive Order 13780 ordered a temporary pause
on the entry of foreign nationals from certain foreign countries. In two
cases, however, Federal courts have enjoined those restrictions. The
Supreme Court has stayed those injunctions as to foreign nationals who
lack a credible claim of a bona fide relationship with a person or
entity in the United States, pending its review of the decisions of the
lower courts.
(a) The restrictions and limitations established in section 2 of
this proclamation are effective at 3:30 p.m. eastern daylight time on
September 24, 2017, for foreign nationals who:
(i) were subject to entry restrictions under section 2 of Executive
Order 13780, or would have been subject to the restrictions but for
section 3 of that Executive Order, and
(ii) lack a credible claim of a bona fide relationship with a person
or entity in the United States.
(b) The restrictions and limitations established in section 2 of
this proclamation are effective at 12:01 a.m. eastern daylight time on
October 18, 2017, for all other persons subject to this proclamation,
including nationals of:
(i) Iran, Libya, Syria, Yemen, and Somalia who have a credible claim
of a bona fide relationship with a person or entity in the United
States; and
(ii) Chad, North Korea, and Venezuela.
Sec. 8. Severability. It is the policy of the United States to enforce
this proclamation to the maximum extent possible to advance the national
security, foreign policy, and counterterrorism interests of the United
States. Accordingly:
(a) if any provision of this proclamation, or the application of any
provision to any person or circumstance, is held to be invalid, the
remainder of this proclamation and the application of its other
provisions to any other persons or circumstances shall not be affected
thereby; and
(b) if any provision of this proclamation, or the application of any
provision to any person or circumstance, is held to be invalid because
of the lack of certain procedural requirements, the relevant executive
branch officials shall implement those procedural requirements to
conform with existing law and with any applicable court orders.
Sec. 9. 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

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(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 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.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fourth day
of September, in the year of our Lord two thousand seventeen, and of the
Independence of the United States of America the two hundred and forty-
second.
DONALD J. TRUMP