O 100051Z APR 99
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND
CONSULAR POSTS IMMEDIATE
SPECIAL EMBASSY
PROGRAM
DOHA POUCH
TIRANA POUCH
UNCLAS STATE 066487
VISAS, INFORM
CONSULS
E.O. 12958: N/A
TAGS: CVIS
SUBJECT: SAOS FOR
VISA APPLICANTS WHOSE PLANNED ACTIVITIES
IN U.S. WOULD
VIOLATE PROHIBITIONS AGAINST THE FRY
1. TITLE 31 OF THE CODE OF
FEDERAL REGULATIONS, PART 585,
PROHIBITS A NUMBER OF TRANSACTIONS INVOLVING
THE FEDERAL
REPUBLIC OF YUGOSLAVIA (FRY). BEFORE
ITS RECENT CLOSING,
AMEMBASSY BELGRADE IDENTIFIED A NUMBER OF
APPLICANTS AS
POTENTIAL VIOLATORS OF THESE REGULATIONS,
AND SOUGHT SAOS
FROM THE DEPARTMENT. SEVERAL
WERE FOUND TO BE INELIGIBLE
UNDER SECTION 212(A) (3) (A) (LITTLE I) OR
(LITTLE II) OF THE
IMMIGRATION AND NATIONALITY ACT, WHICH
RENDERS INELIGIBLE
ANY ALIEN WHO A CONSULAR OFFICER HAS REASON
TO BELIEVE
SEEKS TO ENTER THE U.S. TO ENGAGE SOLELY,
PRINCIPALLY, OR
INCIDENTALLY IN ANY ACTIVITY TO VIOLATE OR
EVADE ANY LAW
PROHIBITING THE EXPORT FROM THE U.S. OF
GOODS OR
TECHNOLOGY, OR IN ANY OTHER UNLAWFUL
ACTIVITY.
2. GIVEN AMEMBASSY BELGRADE'S
RECENT CLOSING, DEPARTMENT
ANTICIPATES THAT PERSONS SEEKING TO TRAVEL
TO THE U.S FOR
ACTIVITIES WHICH VIOLATE THE 31 CFR PART 585
PROHIBITIONS
MAY APPLY AT OTHER POSTS. SHOULD
POSTS RECEIVE
APPLICATIONS FROM PERSONS WHOM THEY BELIEVE
ARE COMING TO
THE U.S. FOR ACTIVITIES WHICH MAY RENDER
THEM INELIGIBLE
UNDER 212(A) (3) (A), A REQUEST FOR SECURITY
ADVISORY
OPINION, SLUGGED FOR CA/VO/L/C AND
CA/VO/L/A, SHOULD BE
SUBMITTED.
3. BEGIN TEXT OF EXCERPTS FROM
31 CFR 585:
"EXCEPT AS OTHERWISE
AUTHORIZED, NB GOODS, TECHNOLOGYOR
SERVICES, EITHER (A) FROM THE UNITED
STATES, (B) REQUIRING
THE ISSUANCE OF A LICENSE BY A FEDERAL
AGENCY, OR (C)
INVOLVING THE USE OF U.S.- REGISTERED
VESSELS OR AIRCRAFT,
MAY BE EXPORTED DIRECTLY OR INDIRECTLY, TO
THE FRY, OR TO
ANY ENTITY OPERATED FROM THE FRY, OR OWNED
OR CONTROLLED BY
THE GOVERNMENT OF THE FRY."
"EXCEPT AS OTHERWISE
AUTHORIZED, NO U.S. PERSON MAY DEAL
IN (A) PROPERTY ORIGINATING FROM IN
THE FRY AND EXPORTED
FROM THE FRY AFTER MAY 30, 1992, OR
(B) PROPERTY INTENDED
FOR EXPORTATION FROM THE FRY TO ANY COUNTRY,
OR FOR
EXPORTATION TO THE FRY FROM ANY COUNTRY, OR
(C) PROPERTY
BEING TRANSSHIPPED THROUGH THE FRY, OR IN
ANY ACTIVITY OF
ANY KIND THAT PROMOTES OR IS INTENDED TO
PROMOTE SUCH
DEALING."
"EXCEPT AS OTHERWISE
AUTHORIZED, NO U.S. PERSON MAY
PERFORM ANY CONTRACT, INCLUDING A
FINANCING CONTRACT, IN
SUPPORT OF AN INDUSTRIAL, COMMERCIAL, PUBLIC
UTILITY, OR
GOVERNMENTAL PROJECT IN THE FRY."
"EXCEPT AS OTHERWISE
AUTHORIZED, NO U.S. PERSON MAY
COMMIT OR TRANSFER, DIRECTLY OR
INDIRECTLY, FUNDS OR OTHER
FINANCIAL OR ECONOMIC RESOURCES TO OR FOR
THE BENEFIT OF
THE GOVERNMENT OF THE FRY OR ANY PERSON IN
THE FRY."
"EXCEPT AS OTHERWISE
AUTHORIZED, TRANSACTIONS IN THE
UNITED STATES OR BY A U.S. PERSON RELATED TO
PARTICIPATION
IN SPORTING EVENTS IN THE UNITED STATES BY
PERSONS OR
GROUPS REPRESENTING THE FRY ARE
PROHIBITED."
"EXCEPT AS OTHERWISE
AUTHORIZED, TRANSACTIONS IN THE U.S.
OR BY A U.S. PERSON RELATED TO SCIENTIFIC
AND TECHNICAL
COOPERATION AND CULTURAL EXCHANGES INVOLVING
PERSONS OR
GROUPS OFFICIALLY SPONSORED BY OR
REPRESENTING THE FRY, OR
RELATED TO VISITS TO THE U.S. BY SUCH
PERSONS OR GROUPS
OTHER THAN AS AUTHORIZED FOR THE PURPOSE OF
PARTICIPATION
AT THE UN, ARE PROHIBITED."
--EXCEPT AS OTHERWISE AUTHORIZED, ANY
DEALING BY A U.S.
PERSON "RELATING TO THE IMPORTATION
FROM, EXPORTATION TO,
OR TRANSSHIPMENT OF
GOODS THROUGH THE UN PROTECTED AREAS
IN THE REPUBLIC OF CROATIA AND THOSE AREAS
OF THE REPUBLIC
OF BOSNIA AND HERZEGOVINA UNDER THE CONTROL
OF BOSNIAN SERB
FORCES...AND THE PROVISION OR EXPORTATION OF
SERVICES TO
THOSE AREAS OF THE REPUBLIC OF BOSNIA AND
HERZEGOVINA UNDER
THE CONTROL OF BOSNIAN SERB FORCES" IS
PROHIBITED.
--"ANY TRANSACTION FOR THE PURPOSE OF,
OR WHICH HAS THE
EFFECT OF, EVAIDING OR AVOIDING, OR WHICH
FACILITATES THE
EVASION OR AVOIDANCE OF, ANY OF THE
PROHIBITIONS...IS HEREBY
PROHIBITED. ANY
ATTEMPT TO VIOLATE THE PROHIBITIONS SET
FORTHIS HEREBY PROHIBITED.
ANY CONSPIRACY FORMED FOR THE
PURPOSE OF ENGAGING IN A TRANSACTION
PROHIBITED...PART IS
HEREBY PROHIBITED."
4 THE ABOVE EXCERPTS ARE
AN ATTEMPT TO HIGHLIGHT FOR
POSTS THE PROVISIONS OF 31 CFR PART 585
WHICH ARE MOST
LIKELY TO RESULT IN A QUESTION OF VISA
INELIGIBILITY UNDER
INA SECTION 212(A) (3) (A) . THE
FULL TEXT OF PART 585 IS 29
PAGES LONG, CONTAINS NUMEROUS EXCEPTIONS AND
DEFINITIONS,
AND IS AVAILABLE ON THE WEB FOR POSTS
SEEKING MORE
INFORMATION. IN
GENERAL, POSTS SHOULD NOT ATTEMPT TO
INTERPRET THESE COMPLEX REGULATIONS, BUT
SHOULD ASK THE
DEPARTMENT TO DO SO IN ANY CASE WHICH
APPEARS TO CONTAIN A
212(A) (3) (A) VIOLATION.
ALBRIGHT