[Federal Register: August 29, 2000 (Volume 65, Number 168)]
[Rules and Regulations]
[Page 52306-52307]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29au00-13]
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DEPARTMENT OF STATE
22 CFR Part 41
[Public Notice 3400]
Documentation of Nonimmigrants Under the Immigration and
Nationality Act, As Amended--Waiver of Nonimmigrant Visa Fees for
Members of Observer Missions to the United Nations
AGENCY: Department of State.
ACTION: Interim rule.
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SUMMARY: Current regulations contain a waiver of visa application and
issuance fees for aliens coming to the United States in various
diplomatic classifications, including those related to international
organizations. This rule extends that provision to include persons who
are members of observer missions to the United Nations who apply for B-
1 visas to enter as participants in their U.N. observer missions.
DATES: This rule is effective August 29, 2000.
FOR FURTHER INFORMATION CONTACT: H. Edward Odom, Chief, Legislation and
Regulations Division, Visa Services, Department of State, Washington,
D.C. 20520-0106, (202) 663-1204.
SUPPLEMENTARY INFORMATION: The current regulation governing the waiver
of visa fees for diplomats, on a reciprocal basis or as provided in the
Headquarters Agreement with the United Nations, identifies the
beneficiaries of the waiver by the classification of the visas they
seek. In some instances, members of missions invited by the United
Nations in observer status do not qualify for any of the applicable
classifications and, instead, obtain B-1 visas for the purpose of
attendance at the United Nations in observer capacity. This amendment
will bring such individuals under the same umbrella with regard to visa
fees as others at the United Nations.
Is This Within the Agreement With the United Nations?
Yes. Article 11 of the Headquarters Agreement identifies the
persons who are to be granted certain privileges. The fifth category,
although not using the term ``observer mission'', clearly encompasses
members of such units. Article 13 requires, among other things, that
visas for persons covered by Article 11 be issued gratis.
Why Now, and Not Earlier?
In the past, most persons entering for the purpose of attendance at
the United Nations obtained visas in one of the identified
classifications. The few who didn't faced fees of negligible amounts
and did not object to them. Over time, however, some reciprocal visa
issuance fees, in particular, have become substantial, and the
unintended but obvious inequity became a problem. This change in the
regulation rectifies that problem.
Regulatory Analysis and Notices
Interim Rule
The implementation of this rule as an interim rule, with a 60-day
provision for post-promulgation public comments, is based on the ``good
cause'' exceptions set forth at 5. U.S.C. 553(b)(3)(B) and 553(d)(3).
The benefit conferred fulfills the international responsibility of the
United States as host country. Delay of the benefit for public notice
and comment is unnecessary.
The Regulatory Flexibility Act
Pursuant to Section 605 of the Regulatory Flexibility Act, the
Department has assessed the potential impact of this rule, and the
Assistant Secretary for Consular Affairs hereby certifies that it is
not expected to have a significant economic impact on a substantial
number of small entities.
Executive Order 12372 and Executive Order 13132
The rule does not directly affect states or local governments or
Federal relationships, does not create unfunded mandates, and does not
have sufficient federalism implications to warrant preparation of a
federalism assessment.
5 U.S.C. Chapter 8
As required by 5 U.S.C., chapter 8, the Department has screened
this rule and determined that it is not a major rule, as defined in 5
U.S.C. 80412.
[[Page 52307]]
Paperwork Reduction Act:
This rule will not affect paperwork requirements.
List of Subjects in 22 CFR Part 41
Aliens, Nonimmigrants, Passports and visas.
In view of the foregoing, 22 CFR Part 41 is amended as follows:
PART 41--[AMENDED]
1. The authority citation for Part 41 continues to read as follows:
Authority: 8 U.S.C. 1104.
2. 41.107(c)(1) is revised to read as follows:
41.107 Visa Fees
* * * * *
(c) * * *
(1) Upon a basis of reciprocity, or as provided in section 13(a) of
the Headquarters Agreement with the United Nations (61 Stat. 716; 22
U.S.C. 287, Note), no fee shall be collected for the application for or
issuance of a nonimmigrant visa to an alien who is within a class of
nonimmigrants classifiable under the visa symbols A, G, C-2, C-3, or
NATO, or B-1 issued for participation in an official observer mission
to the United Nations, or who is issued a diplomatic visa as defined in
Sec. 41.26.
* * * * *
Dated: August 4, 2000.
Mary A. Ryan,
Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. 00-22029 Filed 8-28-00; 8:45 am]