    [United States Statutes at Large, Volume 132, 115th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Proclamation 9723 of April 10, 2018

    Maintaining Enhanced 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 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), I recognized that
    the United States has ``developed a baseline for the kinds of informa

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    tion 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 is designed to allow the United States to assess
    adequately whether foreign nationals from a particular country seeking
    to enter or apply for an immigration benefit from the United States pose
    a national security or public-safety threat. It also includes an
    assessment of any national security or public-safety risks that may
    emanate from a country's territory.
    After evaluating a comprehensive worldwide assessment of the performance
    of more than 200 countries against the baseline criteria, I placed entry
    suspensions and limitations on nationals of countries that failed to
    meet the baseline or whose nationals otherwise posed a significant
    threat. I also directed the Secretary of Homeland Security (Secretary),
    in consultation with the Secretary of State, to develop and implement a
    process to review whether countries have met the baseline criteria
    described in Proclamation 9645; develop recommendations regarding
    whether the suspensions and limitations should be continued, modified,
    terminated, or supplemented; and submit to me a report detailing these
    recommendations every 180 days. I further directed the Secretary of
    State to engage with countries subject to these entry restrictions in
    order to improve their performance against the baseline criteria, as
    practicable and appropriate, and consistent with the foreign policy,
    national security, and public-safety objectives of the United States. In
    taking these steps, I strengthened U.S. immigration vetting capabilities
    and processes, making our country safer. More work remains to be done,
    especially in light of evolving modern global threats, but we have made
    important progress.
    On March 30, 2018, the Secretary transmitted to me the first of the
    required reports. In the report, the Secretary recommended that the
    suspensions and limitations on the entry of foreign nationals from one
    country be terminated. The Secretary based this recommendation on the
    results of the review and engagement process developed with the
    Secretary of State. The review process consisted of three phases: (1)
    country data collection; (2) data review, analysis, and engagement; and
    (3) consultation with executive departments and agencies (agencies).
    During the data collection phase, the Department of State (State)
    surveyed all U.S. diplomatic missions worldwide on the performance of
    each country in meeting the baseline. For countries with deficiencies
    previously identified in the summer of 2017, missions provided their
    perspective on any steps taken to improve. The Department of Homeland
    Security (DHS) simultaneously collected and reviewed relevant
    diplomatic, law enforcement, and intelligence reporting, along with data
    from other authoritative sources within the United States Government,
    intergovernmental organizations, and the public domain.
    During the data review, analysis, and engagement phase, DHS and State
    reviewed the information gathered, including survey responses from
    missions covering more than 200 countries, to determine whether each
    country's performance against the baseline criteria had improved,
    worsened, or remained the same. The review focused on any observed
    changes during the review period in a country's cooperation with the
    United States, as well as any indicators of potential deficiencies in
    sat

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    isfying the baseline. In cases in which survey responses from the U.S.
    missions required follow-up, DHS and State engaged with the missions and
    requested additional information. DHS and State also, as practicable and
    appropriate, verified each country's implementation of the criteria
    against other diplomatic, law enforcement, and intelligence reporting,
    and through authoritative sources of information external to the United
    States Government.
    DHS and State prioritized and, as practicable and appropriate, actively
    engaged those countries currently subject to travel restrictions in an
    effort to address and correct any deficiencies. U.S. missions abroad
    routinely engaged with their host governments, and DHS and State engaged
    with the pertinent foreign embassies in Washington, D.C. When a foreign
    government expressed interest in cooperating with the United States to
    address deficiencies, such discussions were supplemented by high-level
    meetings with appropriate U.S. officials and subject-matter experts.
    Through this process, for example, DHS and State organized a site visit
    to the Republic of Chad (Chad) in December 2017 to discuss specific
    deficiencies and potential remedies with relevant officials.
    Additionally, DHS met with the Libyan Foreign Minister to discuss
    Libya's ongoing efforts to comply with the baseline.
    Based on the information collected, DHS evaluated whether each country
    in the world is meeting the baseline criteria. If the information
    indicated a potential change in a country's performance, but the
    information was not sufficiently concrete, that country's compliance
    status was not adjusted. In such instances, DHS and State have treated
    such indicators as the basis for further evaluation during the next
    review period.
    DHS and State also identified certain developments or contextual
    indicators that would trigger further review of a country's performance
    to assess whether the country continues to meet information-sharing and
    identity-management criteria in a manner that mitigates any emerging
    risk, threat, or vulnerability. The goal of this evaluation was to
    ensure any recommendation to adjust current travel restrictions, either
    positively or negatively, would be grounded in articulable information
    and observations that demonstrate improved or degraded performance.
    The Secretary's review concluded that, while more work must be done,
    identity-management and information-sharing practices are improving
    globally. Countries have revived partnership negotiations with the
    United States that were long dormant; improved the fraud-deterring
    aspects of their passports; established new protocols for cooperating
    with U.S. visa-issuing consulates; and shared information on criminals,
    known or suspected terrorists, and lost and stolen passports.
    In Proclamation 9645, I imposed entry suspensions and limitations on the
    nationals of Chad. The Secretary has concluded that Chad has made marked
    improvements in its identity-management and information-sharing
    practices. Shortly after I signed the Proclamation, Chad made additional
    efforts to cooperate with the United States to help it satisfy the
    baseline. The United States worked closely with Chad to discuss the
    identity-management and information-sharing criteria. This endeavor
    included U.S. officials engaging with the Government of Chad to
    understand its domestic operations in significant detail in order to
    develop advice and guidance on how Chad could satisfy the baseline.

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    Chad was receptive to this engagement and has made notable improvements.
    Specifically, Chad has improved its identity-management practices by
    taking concrete action to enhance travel document security for its
    nationals, including taking steps to issue more secure passports and
    sharing updated passport exemplars to help detect fraud. The Government
    of Chad also improved handling of lost and stolen passports, the sharing
    of which helps the United States and other nations prevent the
    fraudulent use of such documents. Additionally, the United States has
    confirmed that Chad shares information about known or suspected
    terrorists in a manner that makes that information available to our
    screening and vetting programs and has created a new, standardized
    process for processing requests for relevant criminal information. Chad
    has proven its commitment to sustaining cooperation with the United
    States through a regular review and coordination working group. This
    working group, which has met twice since Proclamation 9645 was issued,
    allows for regular tracking of the progress summarized above. In sum,
    Chad has made improvements and now sufficiently meets the baseline. I am
    therefore terminating the entry restrictions and limitations previously
    placed on the nationals of Chad.
    The Secretary determined that, despite our engagement efforts, other
    countries currently subject to entry restrictions and limitations did
    not make notable or sufficient improvements in their identity-management
    and information-sharing practices. Though remaining deficient, the State
    of Libya (Libya) is taking initial steps to improve its practices. DHS
    and State are currently working with the Government of Libya, which has
    designated a senior official in its Ministry of Foreign Affairs to serve
    as a central focal point for working with the United States. DHS and
    State presented Libya with a list of measures it can implement to
    rectify its deficiencies, and it has committed to do so. Despite this
    progress, Libya remains deficient in its performance against the
    baseline criteria, and the Secretary recommends at this time against
    removal of the entry restrictions and limitations on that country and
    the other countries currently subject to them.
    Finally, the Secretary found insufficient information that other
    countries' performance against the baseline criteria had degraded during
    the review period. In addition, DHS identified contextual indicators
    suggesting closer review of a country's practice was warranted in only
    one instance, and on closer examination, DHS determined that the
    country's practice did not warrant imposition of additional restrictions
    or limitations at this time.
    During the interagency consultation and recommendation phase, the
    Secretary presented to the Secretary of State, the Attorney General, the
    Director of National Intelligence, and other appropriate heads of
    agencies a preliminary recommendation that the suspensions and
    limitations of entry of foreign nationals from Chad be terminated, while
    the other suspensions and limitations remain unaltered. Following this
    consultation, the Secretary finalized her recommendations and submitted
    the report to me.
    I have decided, on the basis of the Secretary's recommendations, to
    modify Proclamation 9645.
    NOW, THEREFORE, I, DONALD J. TRUMP, by the authority vested in me by the
    Constitution and the laws of the United States, including sections
    212(f) and 215(a) of the Immigration and Nationality Act, 8

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    U.S.C. 1182(f) and 1185(a), and section 301 of title 3, United States
    Code, find that the entry into the United States of the nationals of
    Chad, as immigrants, and as nonimmigrants on business (B-1), tourist (B-
    2), and business/tourist (B-1/B-2) visas, no longer would be detrimental
    to the interests of the United States, and therefore hereby proclaim the
    following:
    Section 1. Removal of Restrictions and Limitations on Chad. Section 2 of
    Proclamation 9645 is amended by striking subsection (a).
    Sec. 2. Effective Date. This proclamation is effective at 12:01 a.m.,
    eastern daylight time on April 13, 2018.
    Sec. 3. 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 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 tenth day of April,
    in the year of our Lord two thousand eighteen, and of the Independence
    of the United States of America the two hundred and forty-second.
    DONALD J. TRUMP