[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