[Federal Register: May 28, 1999 (Volume 64, Number 103)]
[Proposed Rules]               
[Page 28946-28947]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28my99-30]


[[Page 28946]]

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DEPARTMENT OF STATE

22 CFR Part 22

[Public Notice 3065]

 
Schedule of Fees for Consular Services, Department of State and 
Overseas Embassies and Consulates

AGENCY: Bureau of Consular Affairs, State Department.

ACTION: Proposed rule.

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SUMMARY: This rule proposes to amend the Department's Schedule of Fees 
for Consular Services by exempting members of UN observer missions and 
their immediate family members from paying a visa processing fee and a 
visa issuance fee when obtaining a visa to enter the United States as a 
UN observer. Members of most of the 32 permanent UN observer missions 
are currently issued visas without charge when entering the United 
States to participate as observers. This proposed rule would exempt 
from fees members of those UN observer missions not currently 
designated by Executive Order as otherwise exempt.

DATES: Comments must be received in the Department no later than June 
28, 1999.

ADDRESSES: Commenters must send comments in duplicate to: Office of the 
Executive Director, Bureau of Consular Affairs, Department of State, 
Washington, DC 20520-4818, telephone (202) 647-3682; telefax (202) 647-
3677.

FOR FURTHER INFORMATION CONTACT: Alcy Frelick, Office of the Executive 
Director, Bureau of Consular Affairs, Department of State, telephone 
(202) 647-3682; telefax (202) 647-3677.

SUPPLEMENTARY INFORMATION:

Background

    Executive Order 10718 of June 27, 1957, authorizes the Secretary of 
State to establish fees to be charged for official services by 
embassies and consulates. All consular fees and exemptions therefrom 
must be reflected in the Schedule of Fees for Consular Services. 
Certain persons are exempted by law from payment of specific fees. 
(These statutory exemptions are noted in the fee schedule.)
    Under the Headquarters Agreement with the United Nations, the 
United States provides visas for persons on UN business. Article IV, 
Section 13, states, ``When visas are required for persons referred to 
in (Section 11), they shall be granted without charge and as promptly 
as possible.'' Members of UN observer missions are covered under 
Section 11, part (5), and should therefore be granted visas without 
charge under Section 13.
    There are currently 32 permanent observer missions at the UN in New 
York. They include non-member states, intergovernmental organizations 
and other entities invited to participate as observers. The current 
Schedule of Fees (63 FR 5098, as amended by AG5 FR 6585-867) exempts 
from visa processing fees only those members of UN observer missions 
who are entitled to A, G, C-2, C-3 or NATO visas or from visa issuance 
fees those who are entitled to diplomatic (courtesy) visas. While these 
categories cover the majority of observer mission members, there are 
approximately 25-40 members of UN observer missions who are not 
exempted from the visa fees under the current Schedule of Fees.
    In order to carry out the UN Headquarters Agreement, the Department 
proposes to amend the Schedule of Fees to reflect the entitlement of 
these observer mission members to exemption from all visa fees.

Amendments to 22 CFR Part 22

    The Department is, therefore, proposing to add a new entry 
designated as paragraph (f) under item 55 (visa processing fee) and a 
new entry designated as paragraph (e) under item 57 (visa issuance fee) 
of 22 CFR part 22, Sec. 22.1. These entries would reflect an exemption 
from both the nonimmigrant visa processing fee and the nonimmigrant 
visa issuance fee for ``members and staff of an observer mission to 
United Nations Headquarters recognized by the UN General Assembly, and 
their immediate families.''

Regulatory Findings

    The Department does not consider this rule to be a major rule for 
purposes of E.O. 12291. The Department does not expect the rule to have 
a significant impact on a substantial number of small entities under 
the criteria of the Regulatory Flexibility Act, 5 U.S.C. 605(b). This 
rule does not impose information collection requirements under the 
provisions of the Paperwork Reduction Act, 44 U.S.C. Chapter 35. The 
Department has reviewed the rule as required by E.O. 12988 and 
determined it to be in compliance. This rule is exempt from E.O. 12866, 
but the Department has reviewed the rule to ensure consistency with the 
objectives of the Executive Order, and the Office of Management and 
Budget has determined this rule would not constitute a significant 
regulatory action under E.O. 12866.

Proposed Rule

List of Subjects in 22 CFR Part 22

    Consular services, Fees, Passports and visas, Schedule of consular 
fees.

    Accordingly, this rule proposes to amend 22 CFR part 22 as follows:

PART 22--[AMENDED]

    1. The authority citation for part 22 continues to read as follows:

    Authority: 8 U.S.C. 1153 note. 1351, 1351 note; 22 U.S.C. 214, 
4201, 4206, 4215, 4219; 31 U.S.C. 9701; E.O. 10718, 22 FR 4632, 3 
CFR, 1954-1958 Comp., p. 382; E.O. 11295, 31 FR 10603, 3 CFR, 1966-
1970 Comp., p. 570.

    2. Section 22.1 is proposed to be amended by adding a new paragraph 
(f) to item No. 55 and a new paragraph (e) to item No. 57 to read as 
follows:


Sec. 22.1  Schedule of fees.

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*                  *                  *                  *
                  *                  *                  *
(55) * * *
    (f) Members and staff of an observer       No fee.
     mission to United Nations Headquarters
     recognized by the UN General Assembly,
     and their immediate families.

*                  *                  *                  *
                  *                  *                  *
(57) * * *
    (e) Members and staff of an observer       No fee.
     mission to United Nations Headquarters
     recognized by the UN General Assembly,
     and their immediate families.

*                  *                  *                  *
                  *                  *                  *
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[[Page 28947]]

    Dated: May 17, 1999.
Bonnie R. Cohen,
Under Secretary for Management.
[FR Doc. 99-13213 Filed
5-27-99; 8:45 am]