T5 B59 Dos Docs- Niv 3 Of 5 Fdr- Entire Contents- Doc Request Responses- Memos- Letters- Reports- Withdrawal Notices

WITHDRAWAL NOTICE RG: 148 Exposition, Anniversary, and Memorial Commissions SERIES: 9/11 Commission, Team 5 NND PROJECT NUMBER:

51630

FOIA CASE NUMBER: 30768

WITHDRAWAL DATE: 09/24/2008

BOX: 00025 COPIES: 1

FOLDER: 0003 PAGES:

TAB: 28

DOC ID: 31198794

7

The item identified below has been withdrawn from this file: FOLDER TITLE: DOS Documents - NIV [3 of 5] DOCUMENT DATE: 04/23/2004

DOCUMENT TYPE: Memorandum

FROM: TO: Daniel Marcus SUBJECT:

Request for Docs. No 15, Refusal Statistics

This document has been withdrawn for the following reason(s): 9/11 Closed by Statute

WITHDRAWAL NOTICE

United States Secret Service Office of Investigations Forensic Services Division Questioned Document Branch

fifiFWT

October 10, 2001 Federal Bureau of Investigation - Laboratory Division Subject: Case No, , 7 5 _ g 6 5 _ 4 8 7 y o Type of Examination-

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Physical Examination

X-Rcf

^924007

Reference is made to your Forensic Science Research Request, dated September 26, 2001 . EXHIBIT: Ql

One (1) photo identification card written in Arabic bearing the title "Saudi University" described as item Q568. This card was found in the Pentagon rubble pile. •

REQUEST: Examine Exhibit Ql to determine the origin of the card. RESULTS OF EXAMINATION: Physical examinations were conducted on the questioned identification card ( E x h i b i t Ql ). There ueuno comparable standards available for comparison ofthe identification card; therefore the a u t h e n t i c i t y o f t h e identification card could not be determined. The card was produced by a combination of photography and offset lithography. This document when exposed to ultraviolet radiation displays the word "Polaroid" which fluoresces in a hori/.onta! and vertical pattern. The type of film that contains this feature is the Polaroid Polarcolor 100 or 669 ID Ultraviolet film. This film is sold worldwide as .1 relatively low security, generic, Identification card product. The equipment used to produce such a photograph is the Polaroid LD2, ID3, ID4. or ID 100 camera. All these cameras utilixc a Validation Plate that fits inside the camera to provide the layout, header and add a layer of security to the system The demographic data is then printed on a paper card media & inserted i n t o the camera. The ID document is then die cut and heat sealed into a plastic pouch. It should be noted that if one had aa.css to the camera and a validation plate, one could modify and or ulili/.c the system to make other identification documents. These types of cameras arc available through Polaroid authon/.ed identification dealers worldwide. In conversations with the Polaroid Corporation, t h e i r exports h a v e indicated thai it is unusual for the photograph to overlap the biographical information as i t docs on i h i document. <. The ID card u as translated to English from Arabic beginning with the front p i c t u r e side-reading top ;*• boltom as follows^ \e Kingdom ol SaudiVvrabia Student I d e m t t v Card

File No. 175-865-48790 Page 2 of 2

Student Number: 418009222 Nationality: Saudi Identity Number: 21850 NOTE: Suspected to be a National ID number Date and Origin: 1416/4/10 NOTE: Assumed to be Dale and Place of Issuance. The Place Nams is obscured. The I Jala converts to 6 September 1995. Blood Type: CHSignaturc: NOTE: Signature is placed left to the Blood Type and is obscured Name: MAA.I1D MISHA'N GHANIM MOWAQAD In the upper right quadrant (just right of center) is a printed shield featuring a Palm tree above crossed swords above an open book, encircled by the words "King Saud University", both in English and Arabic. The reverse side of the document contains the following text translated from Arabic to English Important instructions for the cardholder • This card should be submitted to the proper authorities upon request • This card cannot be used by any other person. • If the card is lost, the proper authorities should be notified in writing • Should the card be lost, it should be announced in the University Letter or in one of the local newspapers. • The card is considered Cancelled if it is punched. DISPOSITION OF EVIDENCE !'he Exhibit is being returned as requested. Examined by

Larry !•'. Stewart Laboratory Director

i Jack 1 Johnson, Jr. // Special Agent in Charge

REPORT

United States Secret Service Office of Investigations Forensic Services Division Questioned Document Branch September 27, 2001

0-

Federal Bureau of Investigation - Laboratory Division

Subject:

PENTTBOMB

Case No.:

Type of Examination: physjcal Examinalion

175-865-48789 X-Ref. 010921019

Reference is made to your Forensic Sc.ence Research Request, dated September 26, 2001. EXHIBIT: Ql

One (1) identification card bearing the name, "Salem Alhazmi," described as item Q409, collected on 9/21/2001.

REQUEST: Examine Exhibit Ql to determine the origin of the card. RESULTS OF EXAMINATION: F'hysical examinations were conducted on the questioned card (Exhibit Ql). The card was produced by a combination of two printing processes, thermal dye diffusion and thermal mass transfer. It was produced by the USAIU Systems, Incorporated, Atlanta, Georgia (since moved to Miami, Florida), on or about the 10Ih of July, 2001. The card was issued to "Salem Alha/ini" and was ordered through nn affiliate in Patterson, NJ on or about hi'.y 6. 2001 - Cards from this company are utilized as identification cards. DISPOSITION OF EVIDENCE The Exhibit is being returned as requested. Examined hy

^arryr". Stewart Laboratory Director

Ap»ro\:

(( ' •' y , Jack L Johnson, J-f Special Aivnt in Charge

SSF 3133 (0538

REPORT

United States Secret Service Office of Investigations Forensic Services Division Questioned Document Branch September 25, 2001

To:

Federal Bureau of Investigation - Laboratory Division Case No.: Subject: PENTTBOMB 175-865-48768 X-Ref. 010919028 Type of Examination: n, • , r . . n Physical Examination

Reference is made to your Forensic Science Research Request, dated September 25, 2001. EXHIBIT: Ql

One (1) partial identification card bearing the last name, "Alhazmi," described as item 1B4L3, collected at the Pentagon on 9/16/2001.

REQUEST: Examine Exhibit Ql to determine the origin of the card. RESULTS OF EXAMINATION: Physical examinations were conducted on the questioned card (Exhibit Ql). The card was produced by a combination of two printing processes, thermal dye diffusion and thermal mass transfer. It was produced by the USAID Systems, Incorporated, Atlanta, Georgia (since moved to Miami, Florida), on or about the 10lh of July, 2001 The card was issued to "Nawaf Alhazmi" and was ordered through an affiliate in Patterson, NJ on or about July 6, 2001. Cards from this company arc utih/.ed as identification cards. DISPOSITION OF EVIDENCE The Exhibit is being returned as requested. Examined by

. Stewart Laboratory Director

Approved:

,

// Jack L Johnson, Jf. / Special A cent in Charge

fire of tljr ^ttnrncu . (L 20530 1/2 DIST 17, 1995 S TD D P EUR H CA The Honorable Warren Christopher S/S Secretary of State WHS/ Washington, DC 20530 dsm Dear Mr. Secretary: This is in reply to the letter from then-Acting Secretary Strobe Talbott in which he recommends that members of your staff meet with Department of Justice staff concerning the nomination of Ireland for probationary status in the Visa Waiver Pilot Program (VWPP) . We are pleased to concur with your suggestion. I have directed Doris Meissner, Commissioner of the Immigration and Naturalization Service, to have members of her staff initiate discussions with your staff. Those discussions must account for the present policy, approved by the President, by which visas for members of Sein Fein and the Irish Republican Army are issued subject to certain conditions. Under the VWPP, these conditions will have to be continued --presumably through the INS inspection process. Please be assured that I will ask Ms. Meissner to have her staff continue to work closely with members of Ms. Ryan's staff on the issue and to continue their dialogue with Congress in the new session. Sincerely,

Janet Reno

DEPARTMENT OF STATE EXECUTIVE SECRETARIAT ACTION SUP (Clas&i ficanon / Downgrader) ACTION ASSIGNED TO: HIGH PRIORITY ITEM

ACTION REQUESTED: FORMAL STATE TO.

_ PREPARE A CROSS-HATCH CABLE REPLY FOR PRESIDENT/VICE PRES. """"""

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TRAVEL AUTHORIZATION

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January 19, 1995

The Honorable Warren Christopher Secretary of State Washington, DC 20530 Dear Mr. Secretary: This is in reply to the letter from then-Acting Secretary Strobe Talbott in which he recommends that we have Ms. Mary A. Ryan, Assistant Secretary for Consular Affairs, work closely with Ms. Doris Meissner, Commissioner of the Immigration and Naturalization Service (INS), to resolve the issues related to some countries having become ineligible to remain in the Visa Waiver Pilot Program (VWPP). I am happy to follow that reconnnendat ion. While it is true that there are some concerns about the overstay data maintained by the INS, the overstay rates for Austria and Italy are consistently higher than the other countries in Che VWPP. The legislative proposals prepared by Ms. Ryan's and Ms. Meissner's staff, in conjunction with interested Congressional staff, would place into a probationary period countries whose violation rates exceed 2 percent. If the countries that fall into the probationary category fail to maintain an acceptable rate of immigration violations during the fiscal year following probationary designation, they would be removed from the VWPP. Please be assured that I will ask Ms. Meissner to have her staff continue to work closely with members of Ms. Ryan's staff on the issue and to continue their dialogue with Congress in the new session.

/

Janet Reno

Department of State Office of the Secretary

Date: Direct/Through S/S Action Due: Action Memo/Recommendation Action Memo/Reply for Secretary's Signature Direct reply on behalf of S, with a comeback copy forS For H signature, with comeback copy for S Provide info copy to S Staff Speaking request: for PA's recommendation/spin Remarks: Anne Hall Ext. 7-6822

PRINCIPALS CHAWWEL 9502940

UNDER SECRETARY OF STATE FOR MANAGEMENT WASHINGTON

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February 16, 1995

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NOTE TO THE SECRETARY S/RPP JWI-

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Mr. Secretary, I thought you would find Mary Ryan's letter to Louis Freeh on the Visa Waiver Pilot Program interesting and informative. It is imperative that we maintain and work to expand, where possible, the VWPP. Mary points out the many safeguards already in place to guard against misuse of the program. Because of these safeguards, border security is not threatened by the VWPP. The program continues to be an innovative and cooperative effort between the Department and INS. It saves us millions of dollars a year in consular staffing costs and is a true success story.

Richard M. Moose

cc:

The Deputy Secretary S/CT-Mr. Wilcox I N M - M r . Gelbard INR - Ms. Gati

DEPARTMENT OF STATE ASSISTANT SECRETARY FOR CONSULAR AFFAIRS WASHINGTON

Dear Mr. Freeh:

J isi~^

I read with great interest your letter to Deputy Attorney General Gorelick, published in the December 19 issue of. Interpreter Releases. In that letter, you raised concerns over the expansion of the Visa Waiver Pilot Program (VWPP). These concerns were based largely on the perception that criminals and terrorists might use VWPP to enter the United States. The VWPP is one of the roost successful initiatives ever undertaken by the Department of State and the U.S. Immigration and Naturalization Service (INS). VWPP has become essential to the orderly transaction of international business, and literally thousands of U.S. businesses depend on it to facilitate the travel of customers and suppliers. VWPP has also been critical to our compliance with the Administration's mandates on reducing the size of the Department. I firmly believe that these benefits have been realized without compromising the security of our borders. In creating the VWPP, the Department of State and INS included several important safeguards to protect against misuse of the program. Following are a few of those safeguards: All VWPP travelers are subjected to the same namecheck at the port of entry as visa applicants experience at our consulates. The Department shares its lookout information with INS, enabling its inspectors to identify potentially ineligible applicants in the same manner used by consular officers.

The Honorable Louis Freeh, Director, Department of Justice, Federal Bureau of Investigation.

- 2 -

—

The Department of State has undertaken a world-wide effort to ensure that potential terrorists are included in the naroecheck data base. Each embassy has a committee to determine which persons may be security risks, and all names are sent to the Department for review and inclusion in the data base. This information is available to INS officers at ports of entry as well as to consular officers in the field. VWPP countries must issue (or be implementing a program to issue) machine readable passports. This requirement provides an important safeguard against passport alterations and photo substitutions. Not all countries which meet the basic VWPP criteria are recommended by the Department for inclusion in the program. We carefully review each potential nomination, looking at the country's citizenship laws, its potential links to groups unfriendly to U.S. security interests, and its own immigration controls. No country is recommended until all of these concerns are satisfied.

The Department of State faces continued reductions in resources, including consular staffing. Allowing our lowest-risk travelers to use the VWPP enables us to divert our consular resources to more in-depth screening of applicants who might pose a significant security risk. I share your concerns over the security of our borders. I will continue to demand the highest standards of review of all countries which might be nominated for participation in VWPP. I will also continue to monitor our procedures for screening visa applicants to ensure that, whatever our resource constraints, security is never sacrificed in the visa adjudication process.

Mary A. Ry B.C.C. - Mr. Richard M. Moose Under Secretary for Management (M)

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April 6. 1995 Dear Madam Attorney General: Thank you for your letter of March 16 in which you outline your concerns over the inclusion of Ireland in the Visa Waiver Pilot Program (YWPP). Specifically, you seek confirmation that individuals who are ineligible for visas, including a number of Sinn Fein and IRA members, will continue to be required to apply for waivers of ineligibility prior to their travel to the United States. Let me assure you that the Department of State shares your concerns. Travelers who have any statutory ineligibilities for visas are required to obtain waivers in accordance with the procedures set forth in your letter. We rigorously adhere to this requirement in all cases. With respect to the conditions placed on waivers for ineligible Sinn Fein and Loyalist individuals, I continue to recommend that those individuals for whom we seek waivers be granted waivers expeditiously and with conditions equivalent to those in force for Mr. Gerry Adams, president of Sinn Fein. Our recommendations will be given only for those individuals on both sides who endorse the present ceasefire in Northern Ireland and who desire to travel to the United States with the goal of furthering the peace process. It is important that the United States be seen as treating both communities equally, and that uncertainties or seeming lack of timeliness in visa waiver issuance not undercut the effectiveness of the U.S. dialogue with parties to the peace process in Northern Ireland. In preparation for the inclusion of Ireland in vwpp. we have compiled a list of all Irish citizens who are shown in our computer data base as possibly ineligible for visas. We are making that entire list available to INS for its use at ports of entry. This will ensure that ineligible persons who might attempt to travel on VWPP can be intercepted by INS.

The Honorable Janet Reno, Attorney General

-2We are also actively publicizing the requirements for VWPP travel in Ireland. Our announcements remind travelers of the need to apply for waivers if they have any statutory ineligibilities for visas. We believe this will meet all of your concerns and appreciate the efforts of the Department of Justice and INS in making the inclusion of Ireland a reality. Sincerely,

Warren Christopher

S/ES 200316281/14

United States Department of State Washington, D.C. 20520 September 3, 2003

UNCLASSIFIED when separated from attachments

MEMORANDUM FOR DANIEL MARCUS GENERAL COUNSEL NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED STATES SUBJECT:

National Commission on Terrorist Attacks Upon the United States Request for Documents Request No. 2

This is in response to the National Commission on Terrorist Attacks Upon the United States' request for Department of State documents. Attached is the sixth installment of documents in response to the Commission's Request No. 2, specifically items number 25, 11-14, 16 and 18, This installment consists primarily of cables and memoranda. Under Executive Order 12958, the Department of State may not disseminate classified information outside the Executive Branch except under conditions that ensure that afforded to such information within the Executive Branch. We ask that only appropriate cleared members of staff be granted access to the material and that it be protected by applying standards at least as stringent as E.G. 12958 on the handling of classified information. Although some material is not classified, the designation as "Sensitive But Unclassified" requires special handling. Therefore we request that all of these documents be protected from unauthorized disclosure.

J»BCRET ' UNCLASSIFIED when separated from attachments

gseRET UNCLASSIFIED when separated from attachments 2

We hope this information is useful to you. As always, please do not hesitate to contact us if you have further questions.

Karl Hofmann Executive Secretary Attachments: 1. Documents Responsive to Request No. 2, specifically questions number 2-5, 11-14, 16 and 18. 2. Incoming request.

£

EjggRET

UNCLASSIFIED when separated from attachments

United States Department of State Washington, D.C. 20520 (Allow room for date)

CLASSIFICATION DECL: Date

MEMORANDUM FOR MR. TOM ELDRIDGE NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED STATES SUBJECT:

Sample format

Memoranda must be neat. No strikeovers or tapeovers are permitted. Use a Courier New 12 point font for Microsoft WORD. Put drafting and clearing information on a separate page. Submit the original and four copies to S/ES-CR, Room 7241. Allow at least four lines between last paragraph and signature block. Center the signature block.

Karl Hofmann Executive Secretary Attachments:

1. State Department Documents, 2. Incoming memoranda

CLASSIFICATION Classified by: (name)(title) Reason: E.O. 12958 (justification)

9/11 Commission SES #200317214/IPS #8200300005 SESCR007 49 Documents

WITHDRAWAL NOTICE RG: 148 Exposition, Anniversary, and Memorial Commissions SERIES: 9/11 Commission, Team 5 NND PROJECT NUMBER:

51630

FOIA CASE NUMBER: 30768

WITHDRAWAL DATE: 09/24/2008

BOX: 00025

FOLDER: 0003

COPIES: 1 PAGES:

TAB: 29

DOC ID: 31198795

8

The item identified below has been withdrawn from this file: FOLDER TITLE: DOS Documents - NIV [3 of 5] DOCUMENT DATE:

DOCUMENT TYPE: Index

FROM: TO: SUBJECT:

Index of Docs, to the Commission

This document has been withdrawn for the following reason(s): 9/11 Classified Information

WITHDRAWAL NOTICE

WITHDRAWAL NOTICE RG: 148 Exposition, Anniversary, and Memorial Commissions SERIES: 9/11 Commission, Team 5 NND PROJECT NUMBER:

51630

FOIA CASE NUMBER: 30768

WITHDRAWAL DATE: 09/24/2008

BOX: 00025

FOLDER: 0003

COPIES: 1 PAGES:

TAB: 30

DOC ID: 31198796

7

ACCESS RESTRICTED I ___ ___

_^_

The item identified below has been withdrawn from this file: FOLDER TITLE: DOS Documents - NIV [3 of 5] DOCUMENT DATE: 09/29/1994

DOCUMENT TYPE: Memorandum

FROM: Talbott TO: Panetta SUBJECT:

Weekly Reprot from the Department of State

This document has been withdrawn for the following reason(s): 9/11 Classified Information

WITHDRAWAL NOTICE

WITHDRAWAL NOTICE RG: 148 Exposition, Anniversary, and Memorial Commissions SERIES: 9/11 Commission, Team 5 NND PROJECT NUMBER:

51630

FOIA CASE NUMBER: 30768

WITHDRAWAL DATE: 09/24/2008

BOX: 00025

TAB: 31

FOLDER: 0003

COPIES: 1 PAGES:

DOC ID: 31198797

4

ACCESS The item identified below has been withdrawn from this file: FOLDER TITLE: DOS Documents - NIV [3 of 5] DOCUMENT DATE: 09/30/1994

DOCUMENT TYPE: Memorandum

FROM: Richard Moose TO: Secretary SUBJECT:

Memorandum for the Secretary

This document has been withdrawn for the following reason(s): 9/11 Classified Information

WITHDRAWAL NOTICE

WITHDRAWAL NOTICE RG: 148 Exposition, Anniversary, and Memorial Commissions SERIES: 9/11 Commission, Team 5 NND PROJECT NUMBER:

51630

FOIA CASE NUMBER: 30768

WITHDRAWAL DATE: 09/24/2008

BOX: 00025

FOLDER: 0003

COPIES: 1 PAGES:

TAB: 32

DOC ID: 31198798

4

_ACCESS RESTJUCTED The item identified below has been withdrawn from this file: FOLDER TITLE: DOS Documents - NIV [3 of 5] DOCUMENT DATE: 03/19/1996

DOCUMENT TYPE: Memorandum

FROM: Talbot TO: Secretary SUBJECT:

Daily Activity Report

This document has been withdrawn for the following reason(s): 9/11 Classified Information

WITHDRAWAL NOTICE

United States Department of State Washington, D. C. 2052$ June 3, 1991 INFORMATION MEMORANDUM^* S/S '

9109975

TO:

D - Mr/. Eagleburger \: M - Mr. Ivan Selin

FROM:

CA - James\L. Ward, Acting

SUBJECT:

Visa Waiver

REF:

Letter to you f\om Deputy Attorney General Barr

rogram and ^Document Screening"

I have read the above-ref ereYiced proposal which seems to be nothing more than a rehasrV. of where we were over a month ago. It has been no better fleshed out or documented than it was earlier\d remains a patently obvious foot in the door for Justice for their large prescreening programs overseas. \ do not know where this proposal stands, but would like t q m a k e the following comments on behalf of the CA Bureati. Although Assistant Secretary Tamposi is presently abro\ on official business, I have discussed the proposal with her, and she fully concurs with the contents of th\ memorandum. o

The letter states that "In tnt course of these discussions our staff reached ^agreement in principle." I have attended, tto my knowledge, most of the meetings with INS and DOJ officials as well as with NSC representatives. At no time was there ever an agreement in principle on our willingness to accept document screening, or any other program, in exchange for the qontinuation and the expansion of the Visa Waiver\Program. Our position has always been that theke two matters are totally separate and shoulNj not be linked.

- 2 -

The letter states that it is "likely that an INS document screening presence at an overseas airport will have a significant security benefit and will fill an important gap in our security system." To date, in spite of repeated requests, the Department of Justice has never documented the positive results of such document screening, even the temporary document screening program that took place during the Gulf War. As far as any "important gap in our security system" no such gap has ever been identified by our own DS or S/CT experts. We do not deny the usefulness of training airline personnel and foreign immigration personnel. Our consular officers overseas have been doing this on an ongoing basis for several years. It is by no means, however, full-time employment. The memorandum goes on to discuss the savings to the government in the form of "detention and removal costs of aliens claiming asylum". Although I do not pretend to have exact figures in this area it would appear on an anecdotal basis that the great bulk of it would be asylees coming to the U.S. from such places as Haiti, Cuba, Nicaragua, El Salvador, Guatemala, etc. Few, if any, of these would-be asylees pass through the major tourist destinations in Western Europe where INS proposed to locate its document screeners. The right of asylum is a long standing human rights benefit which has a history of strong congressional support. I seriously wonder if there will be favorable congressional reaction to a plan that purports to deny asylum benefits to a significant number of people.

- 3 -

Finally, in looking at this proposal from an overall management perspective, it is not only bureaucratic blackmail, it is simply not a good deal. While Consular operations stand to benefit the most from expansion of the Visa Waiver Program, from an overall Department perspective, the fact is that in the countries to which we plan to expand the program we anticipate a net savings of not more than 7 officer positions and 12 to 14 FSN positions. Compared to the 24 additional officer positions that INS intends to place abroad, it is simply not a rational trade-off from the management perspective. When you consider this as an opening wedge in INS's attempt to get hundreds of inspectors overseas on their ambitious preinspection program, the amount of State resources that will go into supporting a program of this magnitude make this a very bad deal indeed. In conclusion, we should reject this proposal even if it means giving up our plans to expand the Visa Waiver Program as Congress intended. CA does not take this position lightly, but considering the resource elements involved, and also frankly looking at the sharp reductions in consular and other services we are presently embarking on in Western Europe, I believe this is the rational answer to the DOJ proposal.

S/S: Attached memo OBE'd by 9110489 (Principals Channel). Wang 0045e draft: JWard; 06/03/91

Robin M Staff Aast. 6/11

DRAFT

JDlj vlobU The Honorable Lawrence 5. Eagleburger Deputy Secretary of State Department of State 2201 C Street, NW Washington, D.C. 20520 Visa Waiver Program and Document Screening Dear Larry:

As you know, our staffs have been discussing a Justice Department paper prepared for the National Security Council concerning State's proposal to expand the visa vaiver program and Justice's insistence that any such expansion be coupled with an overseas IKS presence for security purposes. I understand that in the course of these discussions our staffs reached agreement in principle, subject to our approval, on a resolution of this natter. This letter outlines Justice's proposal, consistent with our understanding of this agreement: 1.

Justice agrees to expansion of the visa waiver program to the countries indicated in your January 28, 1991, letter the Attorney General, with the exception of Qatar (while do not object to the inclusion of Australia, I understand that they ere unli3cely to accept the necessary reciprocity). IKS will work with State to impleaent this expansion expeditiously.

2.

State agrees in principle to support the creation of a pilot overseas IKS document screening program. Justice, NSC, State and the appropriate Ambassadors will determine the precise scope and location of the program based on.more extensive discussions between our agencies. To begin the discussions, Justice proposes a trial program involving 24 inspectors stationed in five cities: 8 in London, 5 in Frankfurt, 4 in Rome, 4 in Amsterdam, and 3 in Brussels.1 (Host governments would have to agree to the INS presence, but IKS believes that the governments concerned would be receptive.) These inspectors would help train airpcrt

fXiiat might betedded/are^ Paris' (J inspectors), Ztiriaa (4) ,/Stockhola (3), Spain (4) ,\Austria (4J , Denmark (4JV ,/New Ze\lanQ ( 4 ) V\ / \/ / / ^ S \ f /

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DRAFT

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DRAFT personnel in detecting document fraud and doing security screening, would do spot checking of passengers and documents, and would coordinate with FAA and other DSG personnel on security matters overseas. They woulc". have lap top computers with access to information in the INS computer svstem, updated frequently. The document screeners wculd also work with airport and host government personnel on the implementation of APIS and efforts to eventually move towards more automated security screening. When the details of the proposal for a particular country are worked out/ State will send a cable to ths appropriate Ambassador recommending his or her approval and requesting assistance in negotiating the necessary agreements with the host governments. State will work with the NSC, INS and Justice to finalize the details of the document screening program as soon as possible. Experience with the document screening program would be evaluated after twelve months using criteria for evaluation agreed to in advance by our agencies. Expansion, reduction or modification of the program will be considered at that tina. 3.

This agreement is without prejudice to either State's or Justice's position on pre-inspection. If we believe the report on the London pre-inspection experiment warrants it, we will recommend that a pre-inspection program be implemented in London, and perhaps elsewhere.

While it is difficult to predict with certainty the security benefits of document screening, based on INS experience tc d&te we believe that it is likely that an INS document screening presence at overseas airports will have a significant security benefit and will fill an important gap in our security system. Prior experience with training airline personnel in detecting document fraud shows the benefits of a continuous, limited INS presence to train new personnel (turnover rates are high), to provide refresher and updated training, and ro keep the fraud issue high on the airlines' agenda. Moreover, a visible INS presence in overseas airport can be expected to have a deterrent effect preventing people from evan attempting to board planes. Finally, keeping these individuals out of the country hae probably saved INS millions of dollars, since the detention and removal costs for aliens claiming asylum average over $25,000 each. These cost savings significantly exceed the extra costs, government-wide, of stationing document screeners overseas.

DRAFT

05/30'Bl

II :i9

ZTZDZ 514 0467

DAG

DRAFT Please let me know if you agree with the above points. If BO, we will provide our concurrence in the visa waiver program expansion ae set forth above.

Sincerely,

William P. Barr

DRAFT

06/10/1991

06/10/1991

LSE I^HM

Selin, Ivan

Deputy Secretary Eagleburger signed a letter replying to Deputy Attorney General Barr's 5/31 letter regarding the expansion of the. Uisa Waiver Pilot Program (UWPP) and the.proposed INS document screening program.

NUMBER GIUEH TO S/S (DIANE) OUER THE PHONE FLIMSV TO S/S-IRM NODIS FILE

07/22/1993 06/11/1991

nited States Department of State Washington, D. C. 20520

P- /K L /

INFORMATION MEMORANDUM S/S

UNCLASSIFIED

Q11A9SA

TO:

D - Mr. Eagleburger

>^ QCT-09 3:^8 PH

THROUGH:

M - Ms. Jill E. Kent, Acting

FROM:

CA - Elizabeth M. Tamposi

SUBJECT:

Expansion of the Visa Waiver Pilot Program and INS Document Screening Proposal

SUMMARY

On October 1, the expanded Visa Waiver Pilot Program went into effect with the addition of 13 countries to the 8 already participating in the program. In exchange for the Justice Department's agreement to expansion of the program, you agreed in principle to a limited pilot program for document screening by INS officers at several hub airports in Europe. In July, Justice made an informal proposal for a document screening program which raised a number of concerns on our part. We communicated these concerns to Justice and they are revising their proposal prior to its formal submission to the Department DISCUSSION

On October 1, the visa Waiver Pilot Program (VWpp) was expanded from 8 to 21 participating countries with the addition of 13 new countries to the program. The new participants are Andorra, Austria, Belgium, Denmark, Finland, Iceland, Liechtenstein, Luxembourg, Monaco, New Zealand, Norway, San Marino and Spain. Original participants are France, Germany, Italy, Japan, the Netherlands, Sweden, Switzerland and the United Kingdom. The VWPP permits travelers from these countries to enter the United States for up to 90 days without a visa if the purpose of the visit is tourism or business. The program originally applied only to travelers arriving by air or sea. It was extended on July 18 to visitors entering the United States at land border points, further increasing the number of travelers eligible to participate.

- 2The

program has been countries

ports of entry.

July 1988.)

The

limitation on the number of

statistics are

howevet-

leaves Greece, Portugal excluded.

Turkey

jf j£2r ;lBi refusal rates than is

h

1

in return for the

proposal for document

our concerns about

justice also agreed that ^ ,ne £slsbof the'reluT^-o program which ended in J a n u a r y .

test

cooperation between State and INS at implementing the agreed-upon "P"'1™e° n concerned that p 5 ~ t screening program as "^continued support o« the VWPP.

- 3 -

Drafted:

CA/VO/F/P: JEGarne^ 10/4/91 ext 3125CT Doc. #6496P

Clearances:

CA/VO: JHAaajasJYo' CA/VOtBHolmes*'/!''-* CAAVO/FtDDirikesTTV^ CA/VO/F/P:MRBrandteA— EB /TRA/AVP: RGe^xr i nql :RRGaiB»le |/ 7 M/FMP:RRGairt»le S/CT:FMo9«jl7 MtGWelch tl CA:JO'Connell EUR/P:MJoyce (info) EA/RA:DShear (info)

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United Slates Department of btate_

^£&*%LL

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Dear Mr. Blaz: Thank you for your March 17 letter to the Secretary a.ki5 ?« «» support for the inclusion of Taiwan in the Guam Visa Waiver. »i«-hmiah the the Department has ^^ someWconcerns regarding Although u_ pa a i v e C r as you k n o w f r o m Taiwan's inclusion in t Consular A f f a i r s ' ^n[or € Dlputy Ass^t^nt Secretary, Kr . James L ward, we are Senior Depucy h recommendations of the Migration a n d ^ a t u r a l i z a t i o n Service ( I N S ) w i t h respect to this matter. T appreciate the points you have raised on page two of Correspondence to the Secretary, and I am t a k i n g the y r f o r w a r d i n g a copy o f your letter t o o f f i c i a l s a t

*

Guam Visa waj.vci. t i-w-^^-.... decision is l i k e l y to be reached s h o r t l y . Sincerely,

Janet Hj. Mullins Assistant Secretary Legislative Affairs

The Honorable Ben Garrido Blaz, House of Representatives

/

Thank you for your March 17 letter to the Secretary asking ?or his support for the inclusion of Taiwan in the Guam Visa Waiver. Although the Departnent has some concerns regarding TaiwJn^linclusion in the Guam Visa waiver, a. you know fro. your recent meeting with the Bureau of Consular Jffairs Senior Deputy Assistant Secretary, Mr. Jaaes L. Ward, we are nreoared to be quided by the recommendations of the ?!£igration and'Saturalization Service (INS) with respect to this natter. I appreciate the points you have raised on page two of your correspondence to the secretary, and I am taking the liberty of forwarding a copy of your letter to °fficjai^at INS so that they may be made a part of their deliberations on this matter. As you know, INS is compiling its evaluation on the impact of the inclusion of Taiwan in the Guam Visa Waiver Program. We have been advised that a final decision is likely to be reached shortly. Sincerely,

Janet G. Kullins Assistant Secretary Legislative Affairs

The Honorable Ben Garrido Blaz, House of Representatives

D r a f t e d bv ?A/VO/?:RLAckJ?:jt 663-1229, 03/30/92

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The Honoratole Janes. A. Baker III Secretary : U.S. Department of State 2201 C Street, N.W. WashdLngton, D.C. 20520 Dear Mr. Secretary: I would like to enlist your support for the inclusion of the Republic of China in the Guam visa waiver program. The visa waiver program for Guam allows aliens to visit Guam for fifteen days" or less for business or pleasure without a visa; Travellers to Guam under this program cannot travel onward to the united States. This program has been in operation for several years and has an outstanding record of success. It has contributed to the economic success of Guam through increased foreign investment in and travel to my District, while not compromising in any regard the safety, welfare or security of the united States. The program currently encompasses the citizens of Japan, Hong Kong/ South Korea, Australia, New Zealand, Indonesia, Malaysia, several European countries and many Pacific island nations. My effort to have Taiwan included on the list of countries participating in the visa waiver program has led roe to meet with the Department of State's Consular Affairs Office and the Immigration and Naturalization Service as well as Taiwan's Ministry of Foreign Affairs here in Washington, Taipei and Guam. At this juncture, the sol« remaining impediment to Taiwan's inclusion in posed by the Anti-Fraud Unit with State's Consular Affairs Office. That office believes that pre-April, 1991 Taiwanese passport, which are either fraudulent or stolen, may be used to gain entry to Guam by citizens of the People's Republic of china for the purposes of seeking political asylum. I believe firmly that procedural steps can be taken to reduce substantially the likelihood of asylum claims.

The visa waiver could be applied solely to flights originating out of the Republic of China. This would eliminate the possibility that non-Taiwanese citizens could use counterfeit or stolen Taiwanese passports to enter Guam from Hong Kong, Japan, South Korea or any other country. Although this has not been done in the past, neither the law nor the regulations prevent it. It has the added advantage of flexibility to meet the problem at minimal cost to the United States and the airlines. As a condition to Taiwan's participation, the United States could require that Taiwan screen all passports of passengers departing from Taiwan for Guam nrior to departure to ensure that only valid Taiwanese passports are honored. This could include a requirement that Taiwan screen the passports of transit passengers en route from elsewhere to Guam via Taiwan. To the extent that Taiwan's current screening procedures are not adequate to prevent the use of invalid passports, the United States could require sufficient improvements as a prerequisite to participation. It is my impression that Taiwan will do all that is required to assuage any concerns that the United States may have. The operating tariffs for all airlines serving Guam could be amended to reflect the safeguards outlined above. Although current policy militates against requiring airlines to assume a share of the risk associated with asylum claimants, I believe that this policy does not square with the circumstances surrounding Guam's visa waiver program. Guam is firmly centered in the Asian air traffic market - the world's most dynamic and profitable. Guam's unique position in this regard argues for a different policy in favor of shared private and public responsibility. Taiwan's assistance in this regard cannot be discounted. Guam's successful track record with regard to the visa waiver program argues in favor of its continued expansion. Although the problem of asylum seekers from the People's Republic of China is serious, it is not insurmountable and can be met with appropriate precautions. Taiwan's problem with passports stems from the political uncertainties in the People's Republic of China coupled with its proximity to south China. By limiting the availability of the visa waiver to a strictly controlled point of origin and coupling it with sufficient fiscal protections, the United States can be provided with the security it requires while allowing Guam room to grow. Mr. Secretary, Guam can be the linchpin to America's presence in the Pacific, a model for this s t i l l troubled region. It is in recognition of this potential that I seek ycur assistance. Sincere

Kenber of Congress

MAR-

DATE:

U.S. PEPARTMENT OF STATE EXECUTIVE SECRETARIAT

S/S CONTROL NUMBER

ACTION ASSIGNED TO:

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WITH DRAFT REPLY FOR SIGNATURE BY: MEMO WITH COMMENT/RECOMMENDATION

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The Honorable James A. Baker III Secretary U.S. Department of State 2201 C Street, N.W. Washington, D.c. 20520 Dear Mr. Secretary: I would like to enlist your support for the inclusion of the Republic of CT-n'na in the Guam visa waiver program. The visa waiver program for Guam allows aliens to visit Guam for fifteen days or less for business or pleasure without a visa. Travellers to Guam under this program cannot travel onward to the United States. This program has been in operation for several years and has an outstanding record of success. It has contributed to the economic success of Guam through increased foreign investment in and travel to my District, while not compromising in any regard the safety, welfare or security of the United States. Th« program currently encompasses the citizens of Japan, Hong Kong, South Korea, Australia, New Zealand, Indonesia, Malaysia, several European countries and many Pacific island nations. My effort to have Taiwan included on the list of countries participating in the visa waiver program has led me to meet with the Department of State's Consular Affairs Office and the Immigration and Naturalization Service as well as Taiwan's Ministry of Foreign Affairs here in Washington, Taipei and Guam. At this juncture, the sole remaining impediment to Taiwan's inclusion imposed by the Anti-Fraud Unit with State's Consular Affairs Office. That office believes that pre-April, 1991 Taiwanese passports, which are either fraudulent or stolen, may be used to gain entry to Guam by citizens of the People's Republic of China for the purposes of seeking political asylum. I believe firmly that procedural steps can be taken to reduce substantially the likelihood of asylum claims.

03/25/02

13:32

TT202 225 0086

CONG. BLA.Z

BJ003

- TUB visa, waiver could be applied solely to flights originating out of the Republic of China. This would eliminate the possibility that non-Taiwanese citizens could use counterfeit or stolen Taiwanese passport* to enter Guam from _Hong Kong, Japan, South Korea or any other country. Although this boa not been done in the past, neither the lav nor the regulations prevent it. It has the added advantage of flexibility to meet the problem at minimal cost to the United States and the airline*. As a condition to Taiwan's participation, the United States could require that Taiwan screen all passports of passengers departing from Taiwan for Guam prior to departure to ensure that only valid Taiwanese passports are nonored. This could include a requirement that Taiwan screen the passports of transit passengers en route from elsewhere to Guam via Taiwan. To the extent that Taiwan's current screening procedures are not adequate to prevent the use of invalid passports, the United States could require sufficient improvements as a prerequisite to participation. It is my impression that Taiwan will do all that is required to assuage any concerns that the United States may have. The operating tariffs for all airlines serving Guam could be amended to reflect the safeguards outlined above. Although current policy militates against requiring airlines to assume a share of the risk associated with asylum claimants, I believe that this policy does not square with the circumstances surrounding Guam's visa waiver program. Guam is firmly centered in the-Asian air traffic market - the world's most dynamic and profitable. Guam's unique position in this regard argues for a different policy in favor of shared private and public responsibility. Taiwan's assistance in this regard cannot be discounted. Guam's successful trade record with regard to the visa waiver program argues in favor of its continued expansion. Although the problem of asylum seekers from the People's Republic of ChIna is serious, it is not insurmountable and can be met with appropriate precautions. Taiwan's problem with passports stems from the political uncertainties in the People's Republic of China coupled with its proximity to south China. By limiting the availability of "Hi«» visa waiver to. a strictly controlled point of origin and coupling it with sufficient fiscal protections, the United States can be provided with the security it requires while allowing Guam room to grow. Mr. Secretary, Guam can be the linchpin to America's presence in the Pacific, a model for this still troubled region. It is in recognition of this potential that I seek your assistance. cerely.

BIAZ Member of Con/Eat ess

DATE:

-V3. DEPARTMENT OF STATE . EXECUTIVE SECRETARIAT

DATEDUEINS^BY S/S CONTROL NUMBER

ACTION ASSIGNED TOW flag 18

PK):42

ACTION REQUESTED: STATE TO

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The Honorable James A. Baker III Secretary U.S. Department of State 2201 C Stre*t, N.W. Washington, D.C. 20520 Dear Mr. Secretary: I would like to enlist your support for the inclusion of the Republic of China in the Guam visa waiver program. The visa waiver program for Guam allows aliens to visit Guam for fifteen days or less for business or pleasure without a visa. Travellers, to Guam under this program cannot travel onward to the united States. This program has been in operation for several years and has an outstanding record of success. It has contributed to the economic success of Guam through increased foreign investment in and travel to my District, while not compromising in any regard the safety, welfare or security of the united States. The program currently encompasses the citizens of Japan, Hong Kong, South Korea, Australia, New Zealand, Indonesia, Malaysia, several European countries and many Pacific island nations. My effort to have Taiwan included on the list of countries participating in the visa waiver program has led me to meet with the Department of State's Consular Affairs Office and the Immigration and Naturalization Service as well as Taiwan's Ministry of Foreign Affairs here in Washington, Taipei and Guam. At this juncture, the sole remaining impediment to Taiwan's inclusion in posed by the Anti-Fraud Unit with state's Consular Affairs Office. That office believes that pre-April, 1991 Taiwanese passport, which are either fraudulent or stolen, may be used to gain entry to Guam by citizens of the People's Republic of China for the purposes of seeking political asylum. I believe firmly that procedural steps can be taken to reduce substantially the likelihood of asylum claims.

The visa waiver could be applied solely to flights originating out of the Republic of China. This would eliminate the possibility that non-Taiwanese citizens could use counterfeit or stolen Taiwanese passports to enter Guam from Hong Kong, Japan, South Korea or any other country. Although this has not been done in the past, neither the law nor the regulations- prevent it. It has the added advantage of flexibility to meet the problem at minimal cost to the United States and the airlines. As a condition to Taiwan's participation, the United States could require that Taiwan screen all passports of passengers departing from Taiwan for Guam prior to departure to ensure that only valid Taiwanese passports are honored. This could include a requirement that Taiwan screen the passports of transit passengers en route from elsewhere to Guam via Taiwan. To the extent that Taiwan's current screening procedures are not adequate to prevent the use of invalid passports, the United States could require sufficient improvements as a prerequisite to participation. It is my impression that Taiwan will do all that is required to assuage any concerns that the United States may have. The operating tariffs for all airlines serving Guam could be amended to reflect the safeguards outlined above. Although current policy militates against requiring airlines to assume a share of the risk associated with asylum claimants, I believe that this policy does not square with the circumstances surrounding Guam's visa waiver program. Guam is firmly centered in the Asian air traffic market - the world's most dynamic and profitable. Guam's unique position in this regard argues for a different policy in favor of shared private and public responsibility. Taiwan's assistance in this regard cannot be discounted. Guam's successful track record with regard to *the visa waiver program argues in favor of its continued expansion. Although the problem of asylum seekers from the People's Republic of China is serious, it is not insurmountable and can be met with appropriate precautions. Taiwan's problem with passports stems from the political uncertainties in the People's Republic of China coupled with its proximity to south China. By limiting the availability of the visa waiver to a strictly controlled point of origin and coupling it with sufficient fiscal protections, the United States can be provided with the security it requires while allowing Guam room to grow. Mr. Secretary, Guam can be the linchpin to America's presence in the Pacific, a model for this still troubled region. It is in recognition of this potential that I seek your assistance. Sincere 1

/Member 'of Congress

^r

DEPARTMENT OF STATE

DATE:.

EXECUTIVE SECRETARIAT ACTION SLIP

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April 18, 1994

CABCX HJKL»*»G*

UMOWTT LlAOER

«. WtD UKOTTY HOO» LtAOf«

FIRST DlSTRC' KXCUON SECOND OISIRCI

The Honorable Warren M. Christopher Secretary of State of the United States Department of State 2201 C Street, NW Washington, D.C. 20520

U UATVLAAA

Dear Mr. Secretary: KX^TM DISTRICT •OSAiVX BWUt

JOt

I have the honor to transmit herewith Senate Resolution No. 205, S.D. 1, which was this day adopted

SOOM

•o *tn

by the Senate of the Seventeenth Legislature of the

SfVtNlH DlSTFt U«M FtnNM

State of Hawaii, Regular Session of 1994.

FJGMTM DIS1RCT DOM*» «cfl> MMTH BSTRXTT

MHTIUNO KOM'

T. David Woo, Jr. Clerk of the Senate MQAWAN MI7UCUC»« NTH DISTRICT

•IV

Enclosure

fLOSf GHTtfN HAND* "MASt BC"

MAKASAIO

TWEN'V StCCtO !>S»H;-1 Ct<W.D 1 WA&'NC 1WEN*-. TMiRC t'STR.C' U«[ McC»»lNf • FOU" - SIS'". 1

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STANDING COMMITTEE REPORT NO Honolulu,, Hawaii

APR 15

W

'- -

, 1994

Honorable Norman Mizuguchi President of the Senate Seventeenth State Legislature Regular Session of 1934 State of Hawaii

Sir: RE:

S.R. No. 205

Your Committees on Tourism and Recreation and Judiciary, to which was referred S.R. No. 205 entitled: "SENATE RESOLUTION REQUESTING ESTABLISHMENT OF A VISA WAIVER PROGRAM FOR HAWAII SIMILAR TO THAT WHICH PERTAINS TO ALIENS ENTERING GUAM," beg leave to report as follows: The purpose of this Resolution is to request the Hawaii's Attorney General to establish a visa waiver program for Hawaii similar to that which pertains to aliens entering Guam. Your Committees find that present federal law prohibits certain Asian visitors to enter Hawaii without a visa, whereas these same visitors may enter Guam without a visa. Your Committees further find that the visa waiver program operating in Guam could easily be implemented in Hawaii and thereby encourage certain foreign travellers to visit Hawaii. Testimony in support of this measure was submitted by the Department of Business, Economic Development, and Tourism and the Hawaii Visitors Bureau. Your Committees have amended this Resolution by indicating that the target groups to receive visa waivers would be Singaporeans and Malaysians. Your Committees on Tourism and Recreation and Judiciary concur with the intent and purpose of S.R. No. 205, as amended

SSCR SR205 SD1 SMA

FFS1964

STANDING COMMITTEE REPORT NO. Page 2

herein, and recommend its adoption in the form attached hereto as

S.R. No. 205, S.D. 1. Respectfully submitted, COMMITTEE ON JUDICIARY

COMMITTEE ON TOURISM AND RECREATION

REY OR&ULTY,

JOE TANAKA,

MATT MATSUNAGA', Vice QKfeir

MALAMA SOLOMON, Vice Chair

ROSALYN &&KER, Member

THONY yf. 'U. CHANG, M^Thber

E, Member

ANN KOBAYASHr> Member

ANDREW LEVIN, Member

SSCR SR205 SD1 SMA

LEHUA FERNANDES SALLING, Menber

MILTON HOLT, Member

DONNA R. IKEDA, Member

N KOBAYASHU Me/jfcer

RFS1964

STANDING COMMITTEE REPORT NO. Page 3

TSUURA, Member

STAN KOKI, Member

BERTRAND KOBAYASHffJ Member

—T5ENNIS M. NAKASATO, Member

MARY

SSCR SR205 SD1 SMA

RFS1964

r THE SENATE SEVENTEENTH LEGISLATURE, 1994 STATE OF HAWAII

S.R.NO.

205 S.D. 1

SENATE RESOLUTION REQUESTING ESTABLISHMENT OF A VISA WAIVER PROGRAM FOR HAWAII SIMILAR TO THAT WHICH PERTAINS TO ALIENS ENTERING GUAM.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34

WHEREAS, obtaining a visa to visit Hawaii is a major impediment to visitation by alien tourists; and WHEREAS, a program of visa waiver for tourists visiting Hawaii similar to that which pertains to Guam (Sec. 14, P.L. 99-396) could result in a very large increase in tourist arrivals in Hawaii; and WHEREAS, the waiver program in effect for Guam provides that no visa is required of an alien visiting for business or pleasure for a period not to exceed fifteen days and having a round trip non-refundable non-transferable airline ticket; and WHEREAS, United States Senator Daniel Akaka has introduced legislation in Congress to provide for such a visa waiver program specifically for Singaporeans and Malaysians visiting Hawaii; now, therefore, BE IT RESOLVED by the Senate of the Seventeenth Legislature of the State of Hawaii, Regular Session of 1994, that the Attorney General is requested to undertake a project together with the Director of Business, Economic Development, and Tourism, Hawaii's Congressional Delegation, relevant state and federal legislative committees, the United States Department of State, the tourist industry, and organizations and individuals active in the field of federal Immigration law and policy, to establish a visa waiver program for Hawaii similar to that which pertains to aliens entering Guam; and BE IT FURTHER RESOLVED that the Attorney General is requested to report to the Legislature, no later than twenty days prior to the convening of the 1995 Regular Session, on progress made pursuant to this Resolution; and

RFS1964 SR205 SD1 SMA

7/m:CABLE SENT TO SUO AT 52:QO HRS/DEE ORIG ACTMEM TO OIS COPIES TO: -~

..

United States Department of Mate

S-2

DONILON D-2 P

Washington-. D. C. 2052O

'93 til 14 ^,1:18 ^

-1 D T LIMITED OFFICIAL E C July 7, 1993 M ACTION MEMORANDUM S/P S/S-2 S/S-S DI% 0 . The Secretary EUR CA THROUGH: P - Mr. Tarnoff • * H RF/baa EUR: EUR - Alexander Vershbow, Acting /r» CA - Mary A. Ryap^^* •—

s/s

1

SUBJECT:

Response to FM Durao Barroso's request that Portugal be included in the visa waiver program

June 10, Portuguese During his meeting with you in Foreign Minister Durao Barr^e" asked that his country be agreed to look into included in the visa waiver the issue and to respond f^ V • I «3 II J

The GOP has raised this issue with us on several occasions, most recently during the seventh round of Lajes base talks in ...Lisbon on June 25. The Portuguese negotiator repeated the GOP case along familiar lines and said that, in addition to local public opinion, the foreign minister was taking a personal interest in this matter, while we would like to be supportive, we cannot offer a positive response since the visa refusal rate in Portugal — which has declined sharply recently -- still continues to be above that mandated by law. The refusal rate in Portugal is approximately 4.6 percent versus the mandated maximum of 2 percent. The attached letter to Durao Barroso states that we are sympathetic to Portugal's request but that our flexibility is constrained by legislative requirements. We have also taken this opportunity to comment on Lajes base talks. RECOMMENDATION That you Minister Dur

*prove the attached message to Portugese Baijoso.

(i*/*X Approve:

Disapprove:

Attachment: Suggested respfonse to Durao Barroso

LIMITED OFFICIAL USE

Foreign

S.R.

1 2 3 4 5 6

NO.

205 S.D. 1

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Attorney General, each member of Hawaii's Congressional Delegation, the Secretary of State of the United States, the Director of Business, Economic Development, and Tourism, and the President of the Hawaii Visitors Bureau.

I hereby certify that th« foregoing if • and c^r.cr* cory o' Senate Resolution No.2-QJJ—SD1 which w*i d*ily adopted by.the S«njte of th« State

...

..

of n«w«n on

RFS1964 SR205 SD1 SMA

4-18-9^

Art ion memo to thf Secretary:_ Message tQ Portugal's FM Dr a f. ted : EUR/WE : NAhmed '<-'SEWE-10825

7-1419

7/1/93

C lea red:EUR:JBindenage 1 CA/VO: JGarner.^ (j H:DCurran

OUTGOING TELEGRAM D E P A R T M E N T OF STATE

LIHITED OFFICIAL USE

EUR/UE:N£HMED, CA/VO:JGARNER:NA 07/01/^3 7-1M11 S E U E 1DSM7 THE SECRETARY EUR: A V E R S H B O k 1 H:DCURRAN S/S-0:SEISENBRAUN

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CA:MARY4N S/S:RLUlLSON

PRIORITY

LISBON

ROUTINE

PONTA DELC.ADA. SECfEF

E-0. TAGS:

lE35b:

CVIS, PREL, PO

SUBJECT: REF:

N/A

H E S S A G E FROT, T H E S t C R E T t R I T O FH T U R A C B A R R O S O

S E C T O 11DEH

1- EMBASSY LISBON SHOULD DELIVER HESSAGC IN PARA H THE SECRETARY TO FOREIGN MINISTER DURiC B i R R O S O AT THE EARLIEST OPPORTUNITY. THERE WILL BE NO/NO SIGNED O R I G I N A L

2- BEGIN TEXT: DEAR MR. MINISTER: IT WAS A PLEASURE TO MEET WITH YOU IN ATHENS RECENTLY AND I APPRECIATED THE OPPORTUNITY TO REVIEW ISSUES OF MUTUAL INTEREST. IT IS PARTICULARLY GRATIFYING TO LEARN THAT THE LATEST ROUND OF LAJES BASE NEGOTIATIONS ARE PROCEEDING SMOOTHLY. GIVEN THE CONSTRUCTIVE SPIRIT IN UHICH THESE TALKS ARE BEING HELD, OUR TUO SIDES SHOULD BE ABLE TO RESOLVE THE FEU OUTSTANDING ISSUES EXPEDITIOUSLY . REGARDING YOUR REQUEST THAT PORTUGAL BE INCLUDED IN THE VISA UAIVER PROGRAM, LET ME SAY THAT I AM SENSITIVE TO THE LIMITED O F F I C I A L USE

LIMITED OFFICIAL USE POINTS YOU RAISED UITH HE AND THE SPIKIT IN WHICH THEY UERE O F F E R E D - REGRETTABLY, THE UNITED STATES CONGRESSSTATUTORY CONDITIONS GOVERNING THE P R O G R A M C O N S I D E R A B L Y LIHIT OUR ABILITY TO OFFER A M O R E POSITIVE RESPONSE AT THIS TIME.

IN ORDER FOR A COUNTRY TO BE CONSIDERED FOR INCLUSION IN THE PILOT P R O G R A M , THE LAU REQUIRES THAT THE COUNTRY'S NATIONALS HAVE AN A V E R A G E VISITOR VISA REFUSAL RATE OF LESS THAN TUO PERCENT FOR THE PREVIOUS T W O - Y E A R PERIOD. AND LESS THAN 5 - 5 PERCENT FOR ANY ONE OF THOSE Y E A R S - UNFORTUNATELY, THE RATES FOR PORTUGAL DURING THE PAST TUO Y E A R S EXCEEDED THE A C C E P T A B L E LIMIT. UE H A V E NO DISCRETION, ABSENT A C H A N G E IN THE C O N G R E S S I O N A L STATUTE, TO ALTER OR U A I v E THIS R E Q U I R E M E N T FOR ANY COUNTRY. I NOTE* H O W E V E R - THAT THE R E F U S A L R A T E FOR PORTUGUESE CITIZENS HAS BEEN DECLINING IN RECENT Y E A R S AND FELL TO M.bS PERCENT IN 1^5- IF THIS TREND CONTINUES, THE RATE COULD F A L L TO A STATUTORIH ACCEPTABLE L E V E L , THUS ALLOWING PORTUGAL TO BECOME ELIGIBLE FOR THE VISA W A I V E R P R O G R A M . UHILE LEGISLATIVE CONSTRAINTS M A K E IT IMPOSSIBLE FOR ME TO OFFER A POSITIVE RESPONSE, SHOULD C I R C U M S T A N C E S C H A N G E , UE WILL GIVE YOUR REQUEST OUR PROMPT AND SYMPATHETIC CONSIDERATIONI LOOK F O R W A R D TO W O R K I N G WITH YOU IN THE Y E A R S TO C O M L SINCERELY, /S/ W A R R E N CHRISTOPHER HIS EXCELLENCY JOSE MANUEL D U R A O B A R R O S O MINISTER OF FOREIGN AFFAIRS OF PORTUGAL LISBON \D OFFICIAL USE

WITHDRAWAL NOTICE RG: 148 Exposition, Anniversary, and Memorial Commissions SERIES: 9/11 Commission, Team 5 NND PROJECT NUMBER:

51630

FOIA CASE NUMBER: 30768

WITHDRAWAL DATE: 09/24/2008

BOX: 00025

FOLDER: 0003

COPIES: 1 PAGES:

TAB: 33

DOC ID: 31198799

4

The item identified below has been withdrawn from this file: FOLDER TITLE: DOS Documents - NIV [3 of 5] DOCUMENT DATE: 08/05/1994

DOCUMENT TYPE: Letter

FROM: Warren Christopher TO: Janet Reno SUBJECT:

Visa Waiver Pilot Program, List of Countries Not Recommended

This document has been withdrawn for the following reason(s): 9/11 Classified Information

WITHDRAWAL NOTICE

WITHDRAWAL NOTICE RG: 148 Exposition, Anniversary, and Memorial Commissions SERIES: 9/11 Commission, Team 5 NND PROJECT NUMBER:

51630

FOIA CASE NUMBER: 30768

WITHDRAWAL DATE: 09/24/2008

BOX: 00025

FOLDER: 0003

COPIES: 1 PAGES:

TAB: 34

DOC ID: 31198806

4

The item identified below has been withdrawn from this file: FOLDER TITLE: DOS Documents - NIV [3 of 5] DOCUMENT DATE: 08/03/1994

DOCUMENT TYPE: Memorandum

FROM: Mary Ryan, CA TO: The Secretary SUBJECT:

Visa Waiver Pilot Program

This document has been withdrawn for the following reason(s): 9/11 Classified Information

WITHDRAWAL NOTICE

WITHDRAWAL NOTICE RG: 148 Exposition, Anniversary, and Memorial Commissions SERIES: 9/11 Commission, Team 5 NND PROJECT NUMBER:

51630

FOIA CASE NUMBER: 30768

WITHDRAWAL DATE: 09/24/2008

BOX: 00025

FOLDER: 0003

COPIES: 1 PAGES:

TAB: 35

DOC ID: 31198807

4

The item identified below has been withdrawn from this file: FOLDER TITLE: DOS Documents - NIV [3 of 5] DOCUMENT DATE: 08/09/1994

DOCUMENT TYPE: Memorandum

FROM: Richard Moose TO: The Secretary SUBJECT:

Memorandum for the Secretary

This document has been withdrawn for the following reason(s): 9/11 Classified Information

WITHDRAWAL NOTICE

DTSTRIBOTIQg LIST

S/S: 9420614 FOR THE SYSTEM EXDIS NOD IS PERSONNEL CHANNEL PRINCIPALS CHANNEL NOT FOR THE SYSTEM

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9421966

Receipt *V 2590467. THE SECRETARY OF STATE

?D

WASH.NGTON

D-2

- -

•«

SET 27

* •-

27. 1994

Dear Senator Kennedy: s/s~s CA H L

S/RPP M/LEG Wiis/rds

We seek your help in ensuring expeditious and favorable Senate action on the Immigration and Nationality Technical Corrections Act of 1994, recently passed by the House as H.R. 783. This bill contains two provisions of critical importance to the Department of State. Section 210 authorizes extension of the visa waiver pilot program, and Section 101 will correct a long-standing inequity between the rights of men and women to transmit U.S. citizenship to children born abroad before May 24, 1934 . The visa waiver pilot program has been invaluable both in eliminating the unwarranted expenditure of public resources and in promoting the U.S. travel and tourism industries which are our nation's top foreign exchange earners. Forty-three percent of all travelers to the United States enter under the visa waiver pilot program; . near iy 1C million visitors will enter in FY 1994 alone. Should the program be allowed to lapse, the effect on the travel industry would be devastating. Hundreds of thousands of visitors from 21 countries comprising our closest allies and most active trading partners would encounter delays and find it a much more time-consuming process to travel to the United States. Moreover, resuming visitor visa issuance in program countries would come at a significant cost. Based or. a 1991 consular study, it would cost SI 53, 294 , 997 to issue visas to visitors who entered with visa wa:vers in FY 92. There would also be indirect costs such as diverting resources from other important embassy functions, including American citizen services. H.R. 783 does not make the program permanent but will give us an urgently needed extension. Both the Department of State and the Immigration and Naturalization Service are eager to work with the Congress on developing a permanent program that addresses the addition and deletion of countries. The Honorable Edward M. Kennedy, Chairman, Subcommittee on Immigration and Refugee Affairs, Committee on the Judiciary, United States Senate.

-2-

Let me also underscore the Department's continuing interest in Section 101 of H.R. 783. This provisioo^wpuld retroactively abolish the gender differentiation in an old law that permitted U.S. citizen fathers, but not U.S. citizen mothers, to transmit U.S. citizenship to their children born abroad. In Hauchope v. Department of State. 985 F.2d 1407 (9th Cir. 1993), the Ninth Circuit found this law to be unconstitutional and chose, as a remedy, to extend its grant of citizenship to the plaintiffs, both children of U.S. citizen mothers. The Wauchope case thus created a non-uniform citizenship law with regard to children born abroad before May 24, 1934, to a U.S. citizen mother and an alien father. This result is particularly troubling in light of the Constitution's Article I, S B , Cl. 4 command that Congress establish a uniform rule regarding the citizenship of those not born in the United States. In view of the importance of Sections 210 and 101 to the Department of State, I would be grateful for your help in expediting passage of this legislation. Sincerely,

Warrer. Christopher

THE SECRETARY OF STATE WASHINGTON

September 27, 1994

Dear Senator Simpson: We seek your.help in ensuring expeditious and favorable Senate action on the Immigration and Nationality Technical Corrections Act of 1994, recently passed by the House as H.R. "783. This bill contains two provisions of critical importance to the Department of State. Section 210 authorizes extension of the visa waiver pilot program and Section 101 will correct a long-standing inequity between the rights of men and women to transmit U.S. citizenship to children born abroad before May 24, 1934. The visa waiver pilot program has been invaluable both in eliminating the unwarranted expenditure of public resources and in promoting the U.S. travel and tourisr. industries which are our nation's top foreign exchange earners. Forty-three percent of all travelers to the United States enter under the visa waiver pilot program; nearly 10 million visitors will enter in FY 1994 alone. Should the program be allowed to lapse, the effect on the travel industry would be devastating. Hundreds of thousands of visitors from 22 countries comprising our "' closest allies and most active trading partners would encounter delays and find it a much mere time-consuming process to travel to the United States. Moreover, resuming visitor visa issuance in program countries would come at a significant cost. Based or. a 1991 consular study, it wojld cost 5153,294,99"? to issue visas to visitors who entered with visa waivers in FY 92. There would also be indirect costs such as diverting resources from other important embassy functions, including American citizen services. H.R. 783 does not make the program permanent but will give us an urgently needed extension. Both the Department of State and the Immigration and Naturalization Service are eager to work with the Congress on developing a permanent program that addresses the addition and deletion of countries. The Honorable Alan K. Simpson, United States Senate.

-2Let ire also underscore the Department's continuing interest in Section 101 of H.R. 783. This provision_would retroactively abolish the gender differentiation in an old law that permitted U.S. citizen fathers, but not U.S. citizen mothers, to transmit U.S. citizenship to their children born abroad. In Wauchope v. Department of State. 985 F.2d 1407 (9th Cir. 1993), the Ninth Circuit found this law to be unconstitutional and chose, as a remedy, to extend its grant of citizenship to the plaintiffs, both children of U.S. citizen mothers. The Wauchope case thus created a non-uniforrr. citizenship law with regard to children born abroad before May 24, 1934, to a U.S. citizen mother and an alien father. This result is particularly troubling in light of the Constitution's Axticle I, S B, Cl. 4 command that Congress establish a uniform rule regarding the citizenship of those not born in the United States. In view of the importance of Sections 210 ana 101 to the Department of State, I would be grateful for your help in expediting passage of this legislation. Sincerely,

Warren Christopher

9421966 United Slates Department of State Washington. D. C. 20520

SEP 2 6 1994 ACTION MEMORANDUM UNCLASSIFIED

^^

TO:

The_Secretary

FROM:

CA - Mary A. K/au^ ^. H - Wendy R. Shermari^

SUBJECT:

Support for Consular Efficiency B i l l

ISSUE FOR DECISION: Whether to sign letters to Senator Kennedy and Senator Simpson asking their cooperation in passing H.R. 783. ESSENTIAL FACTORS: We urgently need to ensure that a long-terrri extension of the visa waiver pilot program is passed. H.R. 783, which passed the House Septerr-.ber 20, contains a two-year extension of the program. It also contains other c r u c i a l p r o v i s i o n s on citizenship and n a t i o n a l i t y . Senator Kennedy supports the b i l l because it contains a provision that allows citizens of Ireland to q u a l i f y for the visa waiver program. Senator Simpson, however, is less enthusiastic about expanding i m m g r a t i o n provisions but is not opposed to extending the waiver program. A letter from you could make the difference by emphasiring how c r i t i c a l the passage of this bill is to the Administration. RECOMMENDATION: That you sign the attached letters. Approve V X*^ V TfUM ^

Disapprove

Tab 1 - Letter to Senator Kennedy Tab 2 - Letter to Senator Simpson

DEPARTMENT OF STATE DATE:.

EXECUTIVE SECRETARIAT ACTION SLIP

T-

DATE DUE IN S/S BY: _ (S/SCO

(CJassification/Dov/ngrader)

9424916

tic: 5i

ACTION ASSIGNED TO:

HIGH PRIORJTY ITEM

ACTION REQUESTED: FORMAL STATE TO.

PREPARE A CROSS-HATCH CABLE REPLY FOR PRESIDENT/VICE PRES.

.MEMO

STATE TRANSMITTAL FORM TO NSC OVP

SEND A COMEBACK COPY OF OUTGOING STATE CABLE AND ORIGINAL WH/OVP CORRESPONDENCE UNDER COVER OF A TRANSMTTTAL FORM.

WITH DRAFT REPLY FOR SIGNATURE BY: ,. WITH COMMENT/RECOMMENDATION-

IF NO REPLY NECESSARY, RETURN ORIGINAL WH/OVP CORRESPONDENCE UNDER COVER OF A TRANSMITTAL FORM WITH AN EXPLANATION IN REMARKS AS TO WHY NO REPLY IS NECESSARY.

TRAVEL AUTHORIZATION "

PROVIDE INTO COPY OF DIRECT REPLY ON BEHALF OF. . ALONG WITH ORIGINAL INCOMING WH/OVP CORRESPONDENCE UNDER COVER OF A TRANSMIT!AL FORM RECOMMENDATION FOR

. UNDER COVER OF AN ACTION MEMO WITH REPLY FOR SIGNATURE-

(FOR SCHEDULE ITEMS ONLY): RECOMMENDATION FOR .UNDER COVER OF AN ACTION MEMO WITH REPLY FOR SIGNATURE. OR IF DECLINED. DIRECT REPLY ON BEHALF OF _,__. DIRECT REPLY ON BEHALF OF.

.FOR APPROPRIATE HANDLING

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(Office of % Attorney (ieneral . B. (C. 20530 — October 20, 1994

The Honorable Warren Christopher The Secretary of State Washington, D.C. 20520 Dear Mr. Secretary: I apologize for the delay in responding to your August 5, 1994, letter. As you know, H.R. 783, which extends the Visa Waiver Pilot Program through September 30, 1996, passed both houses of Congress and new awaits the President's signature . I am pleased that our staffs were able to work together to secure the enactment of this bill and to ensure the appropriate extension of this program which is vital to American tourism. Sincerely,

Janet Reno

9426164 V3131660

nrn -

DEPARTMENT OF STATE WASHINGTON

December 5, 1994

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Dear Madam Attorney General: Thank you for your letter of November 4, 1994, to Secretary Christopher concerning the removal of Andorra, Austria, Italy, and Monaco from the list of countries whose nationals may benefit from the waiver of the visitor visa requirement under the Visa Waiver Pilot Program (VWPP). We fully share your concern about illegal immigration and want to assure you that the Department of State will continue to do everything in its power to ensure that visas are not issued to those who are not entitled to them. Countries with excessive rates of refusal at port of entry and excessive numbers of nationals who stay too long in the United States should not be permitted to participate in the visa waiver program. If the four countries identified in your letter are no longer eligible, we should take appropriate steps to address this problem. I understand, however, that there is a significant question whether these countries should be terminated that arises in part from the program's statutory requirements and the currency and quality of the data available about pot t-of-entry refusals and overstayers. Assistant Secretary for Consular Affairs Mary A. Ryan also informs me that, earlier this year, members of her staff worked with members of Commissioner Meissner's staff to formulate proposed amendments to the VWPP that would address some of these issues and ensure an orderly process for dropping countries from the program. Although these amendments were not enacted, we should seriously consider continuing the Administration's dialogue with Congress on this issue in the new session.

The Honorable Janet Reno, Attorney General

- 2-

I am therefore asking Ms. Ryan to continue-working with Ms. Meissner on the legislative issues, to consult with the new Congress, and to review with INS the status of the four countries you have identified in light of more current INS data and their relationship to the statutory requirements for continuing the present program. We can then decide how best to proceed. Sincerely,

albott Acting Secretary

- 3 Drafted:

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L/CA:CWBrow&y-l 1/3 0/94 SELCA 2058

cleared: CA:MARyan CArDDillard EUR/AGS :DCavin EUR/WE : v^,

of % Attorney (irncral , 13. (1L 20530 November A, 1994

The Honorable Warren Christopher Secretary of State Washington, DC 20520 Dear Mr. Secretary: As required by the provisions of the Immigration Act of 1990 (IMMACT 90), the Immigration and Naturalization Service (INS) is preparing to issue a report to the Congress on the Visa Waiver Pilot Program (VWPP). In that report, INS will note that approximately 2.9, 2.29, 2.22 and 2.24 percent of nationals of the countries of Andorra, Austria, Italy, and Monaco, respectively, who sought admission to the United States during fiscal year 1992, were refused admission, withdrew their application for admission, or violated the terms of their admission. Section 217 (c) (3) (A) of the Immigration and Nationality Act specifies the criteria for continuing qualification as a VWPP country. Continued designation is precluded when the sum of: the total number of nationals of that country who were excluded from admission or withdrew their application for admission during such previous fiscal year as a nonimmigrant visitor, and "-•

the total number of nationals of that country who were admitted as nonimmigrant visitors during such previous fiscal year and who violated the terms of such admission,

is more than 2 percent of the total number of nationals of that country who applied for admission as nonimmigrant visitors during such previous fiscal year. Therefore, Andorra, Austria, Italy, and Monaco are no longer eligible for continued designation as Visa Waiver Pilot Program countries. To effect the removal of these countries from the list of designated VWPP countries, rules must be published by both the Attorney General and the Secretary of State in the

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State in the Federal Register. I have directed the Commissioner of INS to publish the rule on my behalf. I request that you direct the appropriate section of the Department of State to do the same. Sincerely,

Janet Reno

VISA WAIVER PROGRAM FOR CERTAIN VISITORS

SEC. 217 [8 U.S.C. 1187] (a). ESTABLISHMENT OF PROGRAM.--The Attorney General and the Secretary of State are authorized to establish a program (hereinafter in this section referred to as the "program") under which the requirement of paragraph . (7)(B)(i)(II) of 8 U.S.C. 1182 (a) may be waived by the Attorney General and the Secretary of State, acting jointly and in accordance with this section, in the case of an alien who meets the following requirements: (1) SEEKING ENTRY AS A VISITOR FOR 90 DAYS OR LESS.-The alien is applying for admission as a nonimmigrant visitor (as defined in section 101(a)(15)(B)) for a period not exceeding 90 days. (2) NATIONAL OF A DESIGNATED COUNTRY.--The alien is a national of a designated visa waiver program country.

(3) ENTRY INTO THE UNITED STATES.--If arriving by sea or air, the alien arrives at the port of entry into th*> United States on a carrier which has entered into an agreement with the Service (unless this requirement is waived pursuant to regulations .promulgated by the Attorney General under this section.) (4), NOT A SAFETY THREAT.--The alien has been determined not to represent a threat to the welfare, health, safety, or security of the United States. (5) NO PREVIOUS VIOLATION.--If the alien has previously been admitted to the United States, the alien must not have failed to comply with the conditions of any previous admission. (6) OTHERWISE ADMISSIBLE.--The alien is otherwise admissible to the United States. (b) EXCLUSION AND DEPORTATION OF APPLICANTS FOR ADMISSION AND ALIENS ADMITTED UNDER THE VISA WAIVER PROGRAM.-(1)

EXCLUSION.--

(A) Notwithstanding any other provision of law, an immigration officer's determination that an applicant for admission under this section is not clearly and beyond a doubt entitled to land shall constitute a final order of exclusion and deportation, enforceable pursuant to section 237 and such regulations as the Attorney General may prescribe. Pending such a determination, the Attorney General may maintain such applicant in custody or may in the exercise of discretion refuse admission and permit euch applicant to withdraw the application for admission.

IB) The provisions of section 236, except subsection (e), shall not apply to an applicant Cor admission under this section or to an order issued under this paragraph. (2)

DEPORTATION.-\) Notwithstanding any other provisionof law,an

immigration officer's determination chat an alien admitted to-the United States with a waiver under this section is deportable shall constitute a final order of deportation enforceable pursuant to section 243 and such regulations as the Attorney General may prescribe. Pending such determination, the Attorney General may maintain such alien in custody. IB) The provisions of section 242, except subsections (a) (2)(A) and (f), including subsection (a)(2)(B), shall not apply to an alien admitted to the United States with a waiver under this section or to an order issued under this paragraph. (3) REVIEW.--Notwithstanding any other provision of law or the failure of a carrier to provide tha notice described in subsection (g)(1)(D), an alien who is an applicant for admission to the United States or was admitted to the United States with a waiver under this section shall not be entitled to contest, subject to paragraph 14} , any action for exclusion or deportation against the alien, or to review or appeal of an immigration officer's determination of excludability or deportability under paragraphs (1) or (2). (4) ASYLUM.--An alien who is an applicant for admission to the United States or is admitted to the United States with a waiver under this section may apply for asylum as provided in section 208 of the Act. (5) TREATMENT OF NATIONALS OP VISA WAIVER COUNTRIES WHO ARE APPLICANTS FOR ADMISSION.--An alien applicant for admission who- -

(A) ia a national of a visa waiver program country or claims to be a national of a visa waiver program country, and (8) is not in possession of a valid visa, shall be considered to h*» an applicant for admission under this section. (r)

INITIAL DESIGNATION OP VISA WAIVER PROGRAM COUNTRIES.-(1) IN GENERAL.--The Attorney General and the Secretary of State acting jointly may designate any country as either a permanent program country or a probationary program country

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if Chat country meets the following requirements, applicable to both programs, as well as the requirements of the specific program to which designated: (A) MACHINE READABLE PASSPORT PROGRAM. - -The of the country issues, or certifies that it will begin issuing within five calendar 'years of designation, machine readable passports to its citirer.s. (B) LAW ENFORCEMENT INTERESTS .-- The Attorney General determines that United States law enforcement interests would not be compromised by the designation of the country. (C)

LOW VIOLATION RATE.--

(i) the total o£ the number of nationals of that country who were excluded from admission or withdrew their application for admission during the most recent fiscal year for which data is available, and (ii) the total number of nationals of that country who were admitted aa nonimmigrant visitors during such previous fiscal year and who violated the terms of such admission, was less than 2 percent of the total number of nationals of that country who applied for admission as nonimmigrant visitors during such previous fiscal year. (2) PERMANENT PROGRAM.- -A country may be designated as a permanent program country if the following requirements in addition to those in paragraph (1) above are met: (A) LOW NONIMMIGRANT VISA REFUSAL RATE FOR THE PREVIOUS 2 YEAR PERIOD. --The average number of refusals of nonimmigrant visitor visas for nationals of that country during the two previous full fiscal years was less than 2.0 percent of the total number of nonimmigrant visitor visas for nationals of that country which were granted or refused during those years . (B) LOW NONIMMIGRANT VISA REFUSAL RATE FOR SACK OP THB PREVIOUS 2 YEAR PERIOD. --The number of refusals of nonimmigrant visitor visas for nationals of that country during each of the two previous full fiscal years was less than 2.5 percent of the total number of nonimmigrant visitor visas for nationals of that country which were granted or refused during each year. (3) PROBATIONARY PROGRAM.- -A country which was not previously designated as a permanent program country may not be designated as a probationary program country unless the

2)nrn

1^1'in 5

'ollowing requirements in addition to those in paragraph (1) bova *r« mat: (A) LOW NONIMMIGRANT VISA REFUSAL RATE FOR THE PREVIOUS 2 YEAR PERIOD.--The average number of refusals of nonimmigrant visitor visas for nationals of. that country during the two previous full fiscal years was less than 3.5 percent of the total number of nonimmigrant visitor visas for nationals of that country which were granted or refused during those years. (B)

LOW NONIMMIGRANT VISA REFUSAL RATE FOR THE

PREVIOUS YEAR.--The number or refusals of nonimmigrant visitor visas Cor nationals of that country during the previous full fiscal year was less than 3.0 percent of the total number of nonimmigrant visitor visas for nationals of that country which were granted or refused during that year. Designation as a probationary program country aha.ll be for a period of time not to exceed three fiscal years not inclusive of the year of designation. No country may be redesignated as a probationary program country unless two full fiscal years have elapsed since the termination of the previous period of designation in the probationary program. (d) TERMINATION OF DESIGNATION.--Information concerning arrivals, departures, refusals, enforcement actions, and violation of status by nonimmigrant visitors shall be obtained from the automated data arrival and departure control system 3"rf any other system(s) the Attorney General may designate. (1) Permanent Program. -- 'upon determination by the Attorney General that a country's violation rate, as determined pursuant to subsection (c) CD (C) of this section, is 2 percent or more, the Secretary of State and the Attorney General, acting jointly, may: (A) terminate the country's designation at the start of the fiscal year following a full fiscal year after the Attorney General's determination, or (B) designate the country as a country designated in the probationary program, notwithstanding the requirements of subsection (c)(3) of this section, for a period not to exceed three fiscal years, not inclusive of the year in which designated. (2) Probationary Program.--Upon determination by the Attorney General that a country designated as a probationary program country has not met the requirement of paragraph (e), the Attorney General and Secretary of State, acting jointly, shall exercise the authority conferred by paragraph

09 14 94

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HQI\S-I>C

(C) and terminate th* designation of the country in the probationary program.

(3) Upon expiration of designator, in either prcgrar., ere Secretary of State shall begin issuing visas at the start of the fiscal year following a"full fiscal year after the Attorney General's notification. Until that date, nationals of the country affected may continue to have the visa requirement for admission waived, as authorized by this section. (4) The provisions of this paragraph shall not apply unless the total number of nationals of a designated country, as described in subsection (c) (1)(C), are in excess of ICO violators.

(e) DESIGNATION OP A PROBATIONARY COUNTRY AS A PERMANENT PROGRAM COUNTRY.--A probationary country may be designated by the Attorney General and the Secretary of State, acting jointly, as a permanent program country: if the violation rate as described in subsection (c)(l)(C) has not been 2 percent or more for the first full fiscal year after designation in the probationary program. (f) AUTHORITY. -Notwithstanding any other provision of this section, the Attorney General and the Secretary of State, acting jointly, may for any reason (including national security or failure to meet any other requirement of this section) refrain from waiving the visa requirement in respect to nationals of any country which may otherwise qualify for designation or may, at any time, rescind any waiver of visa requirements under section 21*7. or designation previously granted under this section. (g)

CARRIER AGREEMENTS.--

(1) IN GENERAL.--The agreement referred to in subsection (a)(3) is an agreement between a carrier and the Commissioner under which the carrier agrees, in consideration of the waiver of the visa requirement with respect to a nonimmigrant visitor under either the permanent or probationary program-(A) to indemnify the United States against any costs for the transportation of the nonimmigrant visitor from the United States if the nonimmigrant visitor is refused admission to the United States or violates the terms under which they were admitted to the United States. (B) to submit daily to immigration officers any immigration forms received with respect to nonimmigrant visitors provided a waiver under this section and to provide a departure manifest, as required by regulations promulgated by the Attorney General, in either an electronic or machine readable format.

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(C) notwithstanding any other provision of law, to be subject to the imposition of any applicable fines resulting from the transporting into the United States of a nonimmigrant visitor'. (D) to provide passengers who are applicants Tor admission to the United States under this section with written'notification that they are not entitled to contest or to any appeal or review under this Act of an immigration officer's determination or excludability or deportability under this section, except as related to an application for asylum as provided for in paragraph (b)(4), and that they will be excluded and deported upon such a determination. (E) to comply with any other condition as required by regulations promulgated by the Attorney General. (2) TERMINATION OP AGRSBMBNTS^. --The Attorney General may terminate an agreement under paragraph (1) with five days notice to the carrier for the carrier's failure to meet the terms of such agreement. •' '*"-* (3) APPLICABILITY.--No carrier, unless authorized pursuant to regulations promulgated by the Attorney General, may transport any alien who is an applicant for admission to the United States under this section unless that carrier has entered into an agreement with the Attorney General to do so. Notwithstanding any other provision of law, any carrier which transports such aliens without being signatory to such an agreement is subject to the imposition of fines pursuant to other sections of this Act or regulations promulgated by the Attorney General. (h) EFFECTIVE DATE.--The effective date of this section will be six months from the date of enactment or that date upon which the Attorney General and the Secretary of State, acting jointly, promulgate regulations designating a country or countries for either the permanent or probationary programs, whichever occurs first. Dntil that date, the Visa Waiver Pilot Program (P.L. 101649, Nov. 29, 1990, 104 Stat. 5012)-remains in effect.

EXCLUSION OP ALIENS.--Section 235(b) of this Act is amended by striking "in section 273 (d)," and inserting "in sections 217(a) and 273(d),".

CLERICAL AMENDMENT.--The item in the table of contents of this Act relating to section 217 is amended to read as follows: "Sec. 217. Visa waiver program for certain visitors". DRAFT

Version 2.7

September 14, 1994 (4:17pm)

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9426164/W

United States Department of Slate Washington, D. C. 20520

December 1, 1994\l of Four Countries from t

ACTION MEMORANDUM »* \D

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TO:

The Acting Secretary

THROUGH:

M - Mr . Moos

FROM:

CA - Mary A.

SUBJECT: Pilot Program ISSUE FOR DECISION

Whether to agree to a request from the Attorney General that four countries, including Italy and Austria, be removed from the Visa Waiver Pilot Program (VWPP). ESSENTIAL FACTORS Section 217 of the INA establishes the Visa Waiver Pilot Program under which visitors from certain countries entering for less than 90 days may do so without visas. There are 22 countries in the program, including Italy and Austria. The basic qualifying test for entry into the program is a low visa refusal rate. There is also a qualifying test for continuing in the program from year to year — a low rate of refusals of entry and of violation of status by visitors from the country. The law specifies that, if the rate exceeds 2% in a year, the country must be dropped for the next year. Conceptually, this requirement makes sense, but it has been impossible to implement since the Immigration and Naturalization Service (INS) cannot collect, compile, and analyze the necessary statistical data in time to take action as contemplated by the statute,

UNCLASSIFIED

IJNCIASSIFIED -2-

The Attorney General's letter of November 4 (copy at Tab 2) requesting that the Secretary agree to remove four countries from the program is a classic example of this problem. The Attorney General is citing statistics from Fiscal Year 1992 as the basis for her request. Those statistics, had they been available at the time, might have formed a basis for removing the countries for Fiscal Year 1993. But both FY 1993 and FY 1994 have come and gone. Vie have no idea what the FY 93 or FY 94 statistics might indicate about the four countries nor, we believe, does INS. Also, ±here are many in Congress who doubt the validity of INS statistics, in any event. In addition, sudden removal of two major countries such as Austria and Italy would create very grave policy and operational problems for us. It would be impossible to re-staff posts in Italy and Austria to cope with the sudden avalanche of visa applications by travellers no longer able to use the VWPP. Relations with both countries would likely be damaged by the "insult" of being dropped from the program, aggravated by our inability to provide timely service to those forced to apply for visas. Earlier this year, as we were working to get the VWPP made permanent or, at least, extended, my staff and INS .Commissioner Meissner's staff worked together to produce a legislative proposal which would make the program permanent, would amend the provision for removal of countries to create a system we both could live with, and make other technical changes desired by INS. A copy of the legislative proposal is enclosed at Tab 3. Sadly, we were unable to persuade the Congress to accept our package. The program was extended for two years and a probationary status was added, but no substantive changes were made. Making the visa waiver program permanent and obtaining the substantive changes we agreed upon with INS several months ago remains a top priority legislative item for us. I believe that our reply to the Attorney General should politely decline to act on the data she has cited and invite her to join us in a continuing effort to achieve the changes INS Commissioner Meissner and I agreed upon. The proposed reply makes both points. While some may argue that we are obstructing Justice's efforts to control illegal aliens, there are both legal and program management arguments for taking this position.

UNCLASSIFIED

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Recomroendation

That you sign the letter to the Attorney General Reno at Tab 1. Approve t-^/ ->/S'/^cf ^X Disapprove Attachments:

Tab 1 Tab 2 Tab 3 -

Proposed reply. Letter from the Attorney General. Legislative proposal.

Removal of Four Countries from the Visa Waiver Pilot Program Drafted: 11/10/94

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DEPARTMENT OF STATE WASHINGTON Decenber B,

1994

Dear Madam Attorney General: Section 217(g) of the Immigration and Nationality Act, recently enacted by Congress, authorizes" us jointly to designate countries for inclusion in the Visa Waiver Pilot Program (VWPP) with probationary status. Visa refusal statistics for fiscal years 1993 and 1994 and overstay rates provided by INS for fiscal year 1992 indicate that Ireland meets the statistical criteria for inclusion in the probationary program. Consistent with Section 217 (g) (2) (D), the Government of Ireland has advised the U.S. Embassy in Dublin that it issues machine-readable passports. Because Ireland therefore meets the qualifications for initial inclusion, we propose that Ireland be selected for participation in the probationary program. There is no doubt that the Visa Waiver Pilot Program has been an important public relations asset for the United States and has succeeded in its objectives of facilitating tourist and "business travel to the United States while conserving our consular resources. In the last year alone, approximately ten million foreign visitors entered the United States on the program. The inclusion of Ireland will expand the program to include a country with which we have both close historical links and a growing commercial and cultural exchange. We would be pleased to discuss with your staff any questions concerning our recommendation of Ireland for probationary status in the Visa Waiver Program. Please let us know at your earliest convenience whether you concur in our proposal.

Jtrobe Talbott Acting Secretary

The Honorable Janet Reno, Attorney General.

Drafted by:

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ACTION MEMORANDUM UNCLASSIFIED &S

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THROUGH:

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FROM:

CA - Mary A. Ry

SUBJECT:

Further Expansion of the Visa Waiver Pilot Program

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ISSUE FOR DECISION That you recommend to the Attorney General the inclusion of Ireland as a probationary participant in the Visa Waiver Pilot Program (VWPP). ESSENTIAL FACTORS Congress recently passed legislation which extends the VWPP until September 30, 1996, and provides for the inclusion of new program participants with probationary status. Ireland is the only country which presently meets all statutory requirements for inclusion in the new probationary program. Inclusion of Ireland would bring the total number of VWPP countries to 23. In addition to the positive effects such inclusion would have on our bilateral relationship with Ireland, we anticipate that our visitor visa workload in Dublin would decline by as many as 60,000 applications per year. This is particularly important in an era of declining Department resources. Under t^he new legislation, however, Ireland must both maintain its eligibility for probationary status and qualify for non-probationary inclusion in the regular Visa Waiver Program within three fiscal years of its designation for probationary participation. RECOMMENDATION That you sign the attached letter to Attorney General Peno at Tab 1. APPROVE

ISAPPROVE

UNCLASSIFIED

Attachmenti

Tab 1 - Proposed letter.

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MEMORANDUM FOR:

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APPROPRIATE HANDLING FOR YOUR INFORMATION .OTHER VOA EDITORIAL NO: CLEARANCE/COMMENTS TO:

DUE DATE IN S/S :

AUTHORIZED BY S/S-S. ROOM 7241 EXT. 7-6545

Saadia Sarkls

YOUR RESPONSE SHOULD BE ACCOMPANIED BY A COPY OF THIS TASKER.

($ffirf af tfyr Attorney (General December 20. 1994

The Honorable Warren Christopher Secretary of State Washington, DC 20520 Dear Mr. Secretary: Section 201(c) of Public Law 101-649 requires that the Attorney General, in consultation with the Secretary of State, submit to the Committees on the Judiciary of the House of Representatives and Senate a report on the operation of the automated data arrival and departure control system for foreign visitors and on admission refusals and overstays for such visitors who have entered under the visa waiver program. Enclosed is a copy of the proposed report for your review. I have appointed Assistant Chief Inspector Ronald J. Hays of the Immigration and Naturalization Service as the point of contact for this report. Mr. Hays may be contacted at (202) 514-0912. Sincerely,

Janet Reno Enclosure

VISA WAIVER PILOT PROGRAM REPORT TO CONGRESS

Prepared by: Office of Inspections Xnmigration and Naturalization Service June 1994

VISA WAIVER PILOT PROGRAM REPORT TO CONGRESS

Introduction

The nonimmigrant Visa Waiver Pilot Program {VWPP), which has been incorporated into 8 U.S.C. as Section 217 of the Immigration and Nationality Act (INA) , was implemented as a result of the Immigration Reform and Control Act (IRCA) of 1986. The program permits nationals of countries designated by the Attorney General and the Secretary of State to apply for admission to the United States as visitors for business or pleasure for up to 90 days without having to obtain nonimmigrant visitor visas from U.S. embassies and consulates. Participation in the program was originally limited to eight countries which met the following criteria: 1) offered reciprocal privileges to citizens and nationals of the United States; 2) had a total nonimmigrant visa refusal rate of less than 2 percent for the two previous consecutive full fiscal years; 3) had a visa refusal rate of less than 2.5 percent for each of such years, and 4) that nationals of countries granted.designation must not pose a threat to the health, safety, welfare, or security of the United States. Implementation of the program required certification by the Attorney General that an automated nonimmigrant arrival/departure control system was operational. The Attorney General certified that the Nonimmigrant Information System (NIIS) met that requirement.

The VWPP was implemented in 1988 when the United Kingdom was designated on July l as a participating country and was followed by Japan on December 15. Six additional countries: Prance, The Federal Republic of Germany, Italy, the Netherlands, Sweden, and Switzerland were designated in July 1989. The IRCA limited eligibility for the program to visitors who arrive in the United States on transportation carriers which have entered into agreements with the Immigration and Naturalization Service (INS). An applicant for admission under the program must meet the following conditions: 1) not be excludable from the United States; 2) be visiting for 90 days or less; 3) be a nonimmigrant visitor for business or pleasure; 4) not change his or her nonimmigrant status; and 5) not obtain permanent residence in the United States unless a spouse, child, or parent of a United States Citizen. The IRCA requires that travelers wishing to participate in the program sign a waiver of any right to review or appeal from a decision of

the immigration officer to refuse admission under the VWPP other than on the basis of an application for asylum. Finally, IRCA limited the duration of the program to 3 years and required a report to Congress evaluating the program after 2 years. When this report was submitted to Congress, it recorwnended that the program be extended for another 3 years. It also recommended that the program be expanded to allow VWPP visitors to apply for admission at land border Ports-of-Entry, that there be no limitation on the number of countries to be designated for the program, and that carrier liability under the INA be amended to include liability for transporting to the United States a national of a designated country without a valid passport. The Immigration Act of 1990 (IMMACT 90) incorporated these recommended changes into the program. The IMMACT 90 removed the numerical limitation on designated countries. The IMMACT 90 also added the requirement that a country must issue or have plans to issue machine-readable passports before it could be designated as a participating country. The program was further expanded on July 18, 1991, to include entry to the United States at land border Ports-of-Entry. The IMMACT 90 also limited continuation in the program to countries which had a less than 2 percent immigration "violation" rate (interpreted as the ratio of the sum of that country's nationals who were excluded from admission or withdrew their application for admission during the previous fiscal year, plus the number of nationals who were admitted as nonimmigrant visitors who violated the terms of their admission compared with *t-fce number of nationals who applied for admission as nonimmigrantvisitors during that fiscal year.) This resulted in the addition of 13 countries: Andorra, Austria, Belgium, Denmark, Finland, Iceland, Liechtenstein, Luxembourg, Monaco, New Zealand, Norway, San Marino, and Spain. On July 27, 1993 Brunei was designated. These countries were added to the program under the amended criteria established in the IMMACT 90. The Immigration and Nationality Technical Amendments Act of 1994 extended the expiration date of the Pilot Program until September 30, 1996 and authorized the creation of a probationary program within the pilot program. To date, no country has been designated for the probationary program. Operation of the automated arrival and departure control system for foreign visitors

The NIIS has been in operation for 11 years. It now contains over 200 million nonimmigrant arrival/departure records. In addition to recording and tracking the arrival and departure information of nonimmigrants, NIIS supports the legislative requirements of IRCA and IMMACT 90 for the Visa Waiver Pilot Program. The NIIS also supports the statistical reporting requirements for INS in generating annual reports and also other official statistics that are provided to Congress and other government entities. Tailored management reports which support mission goals and various

functional units within INS and other Federal agencies in matters ranging from routine administrative actions to national security matters are also provided by NIIS. Information for NIIS is obtained from the Arrival/Departure Form (Forms 1-94, I-94T and I-94W), which, in the case of travelers arriving by air or sea, also satisfies the arrival manifest requirement of Section 231 of the INA. As there is no formal INS inspection of those departing from the United States, departure control is through information obtained from the carrier pursuant to the departure manifest requirement which also is contained in Section 231. There is no requirement for an alien who does not use a common carrier to depart the United States to surrender the I-94/I-94W. There have been a number of problems with the NIIS that have caused the reliability of the data produced to be questioned. These problems are related to the data collection procedure problem indicated above which, to compensate, has required the INS Statistical Branch to estimate the extent of system error; i.e., the degree to which the apparent overstay rate reflects the failure to collect the departure portion of the I-94/W/T. The Commissioner of the Immigration and Naturalization Service has recommended to the Congress that it consider requiring carriers to supply the departure manifest in an electronic or machine readable format. Additionally, overstay data for 1990 and 1993 are not available due to the data entry contractor having lost a number of computer tapes. INS has changed contractors and established an electronic link between the new contractor and the NIIS which will preclude a repetition of this problem. Admission refusals and overstays for such visitors who have entered under the visa waiver pilot program Information has been compiled for all countries currently designated for the program. This report includes statistics for deportations, overstays, apprehensions, withdrawals of applications for admission, and exclusion hearings for individuals with nonimmigrant visas, admission refusals under the VWPP as well as statistics for those admitted under the VWPP and the equivalent nonimmigrant visitor for business or pleasure categories for applicants possessing visas. Statistical information for this section of the report has been retrieved from NIIS. Several explanatory points should be made prior to the presentation of the data. First, as indicated in a previous section of this report, some countries have been in the VWPP program longer than others. For example, the United Kingdom, as the first VWPP country, has participated in the program since its inception in July 1988. Switzerland, on the other hand, has been a designated country since

July 1989. Therefore, no data is reported for Switzerland before that date. Likewise, other countries have been designated after the beginning of a fiscal year. The data for that country for that year is incomplete if it is compared to a country which had been in the program for the entire fiscal year. For example, Table 1 shows that Switzerland in Fiscal Year 1989 had 15,626 participants in the VWPP while Japan had 1,549,604. In addition to the obvious difference in the size of the traveling population, a portion of the relative disparity was due to Switzerland only participating for 3 months in FY 1989. The following year, with a full year of participation, 102,247 Swiss citizens entered the United States under the VWPP. Second, as indicated above, the transportation companies and vessels are the collecting agency for the departure portion of the I-94/I-94W. Occasionally, some of these forms are misplaced prior to delivery to INS and, therefore, the departure of the aliens on whom the records pertain is not recorded. Further, not every alien who enters the United States on a participating carrier departs by air. Some aliens depart by ship or at land border Ports-of -Entry. Since the United States does not perform departure inspection, the departure of these aliens is not recorded every time. As displayed on the sumvary page of Table 1, between FY 1988 and the end of FY 1992, 41,855,873 nonimmigrants from VWPP countries were admitted to the United States. Of these, 39,468,742 were nonimmigrant visitors which included 21,588,641 who were VWPP participants. Table 2 shows that between the start of the VWPP and the end of FY 1992, the last year for which complete data is available, 21,016 applicants for admission from VWPP countries were refused, withdrew their application for admission, were excluded from admission, deported, or required to depart. Of this number, 5,454 were applicants for admission under the VWPP. Thus, between the start of the program and the end of FY 1992, only 0.03 per cent of all applicants for admission under the VWPP were determined to be mala fide. As shown in Table 3, 121,684 nationals of VWPP countries are estimated to have overstayed their period of authorized admission during FY 1991 and 1992. Particular attention should be paid to countries of Andorra, Austria, Italy, Monaco, and San Marino. When combined with the mala fide totals shown in Table 2, each of these designated VWPP countries had a violation rate in FY 1992 that exceeded 2 percent of nonimmigrant admissions. These countries are statutorily ineligible for continuing designation as Visa Waiver Pilot Program countries. The Attorney General has recommended to the Secretary of State that he join with INS in publishing a regulation to remove these countries from the VWPP.

Difficulties -~« t-v>A Anjup which causes problems to~ some ai.xeii One feature of the vwrf wn1^ £~e requirement that the alien who ° • air or sea do so on

S fee which the alien must pay. There remain some procedural

s.3£ r

train to enter the United States. Mditi—lly. the requirement that alien. »hoeeeK to

consider amending the INA.to reflect tn* C h o 1 t have knowingly waived hie or her

d

contain

a visa

t h e WPP an, t o

Meiers of the Policies (OIAP) h a v e r p e ^ e "! t h ewlto their advantage. For criminals and terrorists ^.^^^en may be a citizen of a example, although an und e8irij>le all en .^ay ^p ^ could country which does 5°tparticipate^n hiB citizens?lp ± nonetheless use false doc^\" etO ^ averting the necessity of a country which does ^^^^ states, and thereby avoiding aex^sfonrin

S

Bother problem is that there^s no .jj-ni. to .«^«2 55SS designation from a c™**'* '**t£ Department of State to reassign Pilot Program has been to allow c"«"e^ n de8ignated countries. a number of consular o^^^Vc^untry these consular officers Service ana the

Assistant Secretary of State for Consular Affairs have jointly recommended to the Congress a proposed mechanism that will allow the efficient removal of countries which are no longer eligible for continuing designation. Finally, a recent survey by the Department of State has found that several designated countries are not issuing machine readable passports and have no plans to do so. While IMMACT 90 required a country proposed for designation to attest that it plans to issue machine readable passports as a condition for designation, there is no mechanism for sanction if the country does not do so. Both INS and the Department of State have recommended to the Congress that it consider establishing a time limit within which a designated country begin to issue machine readable passports or have its designation removed.

TABLES

Table 1

Visa Waiver Pilot Program Admissions By Country By Year

Table 2

Visa Waiver Pilot Program Mala fide By Country By Year

Table 3

Visa Waiver Pilot Program and FY 1992

Overstays by Country, PY 1991

NONIMMIGRANT ARRIVALS OF NATIONALS OF VISA WAIVER PILOT COUNTRIES TOTAL * VISITORS

VWPP B1/B2 ADMISSIONS

TOURIST VISITORS

1.931,177

1.830.602

69.242

1,771.320

1,472,876

66,407

1,417,408

367.087

1.836

363,862

710.987

046.242

U9.996

666.247

610.698

86.288

426,410

134,644

4.707

129,837

1,134.291

1.008.737

66,022

1.013.116

896,663

62.841

842.712

173,184

2,781

170.403

409.019

376.610

38.007

330.849

296.982

37.217

268.706

79,634

1.460

78.084

2,988.064

2.790,731

1,649,004

1.241.127

2.470,677

1,497.086

978.962

814.094

61.919

202.176

NETHERLANDS

304.690

282.636

13.919

208.010

209.900

12,366

197,606

72.076

1.604

71.111

SWEDEN

284.317

200.939

11.484

286.466

207.458

10.329

197,127

69,4*3

1.166

68.328

SWITZERLAND

262.766

246.280

16.020

229,000

206.386

14.795

191.890

38.001

831

37.770

UNITED KJNODOM

2,368.906

2.242,194

003.929

1.678.206

1.809.238

029.127

1.240.111

372.960

34.802

338,164

VWPP COUNTRIES

0. 402.936

7.917.180

2.438.940

6.478.334

0.072.109

2.339.037

4.332.472

1.246,071

99.209

1.146,802

781,243

726,393

374.381

361.012

689,720

340.0O8

249.118

136.007

33.773

101,894

1,208,939

1.161.413

451,968

699,466

980,919

426,863

656.006

170,494

26,106

144.389

439,076

410,267

220,738

189.619

334,726

204.649

130,177

75,631

10,189

69,342

3.301.20ft

3.166.086

2.369,920

795,106

2,844.673

2.241.193

003,380

310,612

118,727

191,786

NETHERLANDS

334.208

313,266

130.080

182,669

240,263

116.352

124,901

73.002

16,334

67.008

SWEDEN

300.069

289,090

137,807

161,889

230,916

120,694

104,321

68,781

11.213

47.608

SWITZERLAND

278.179

201,077

102.247

159,430

223.966

90,200

127.086

37.722

6.987

31,736

UMTED KINGDOM

2.493.909

2.371,800

1.024,161

1.347.709

1.989.641

968,464

1,031.087

382,319

06.097

310.622

VWPP COUNTRIES

9.203.477

8,078.030

4.801.888

3.870.748

7.434.008

4,608,803

2,926,746

1,244,028

283.026

961,003

COUNTRY

TOTAL NONIMMIGRANTS

WT 82 VISITORS

BUSINESS VISITORS

WB 81 BUSINESS

FISCAL YEAR 88 UNITED K1NOOOM

FISCAL YEAR 89 FRANCE

i

GERMANY ITALV JAPAN

•'

FISCAL YEAR 90 FRANCE GERMANY ITALY JAPAN

•n rt««Mri«n attain* from «M UMi-trnirtUiji* Womwboo tyiran INttl

TABUS 1, PAGE 1

NONIMMIGRANT ARRIVALS OF NATIONALS OF VISA WAIVtH MLU Iuuum nico COUNTRY

TOTAL NONIMMIGRANTS

TOTAL » VISITORS

VWPP B1/B2 ADMISSIONS

TOURIST VISITORS

WT B2 VISITORS

BUSINESS VISITORS

WB B1 BUSINESS

FISCAL YEAR 91 FRANCE GERMANY

818.104

784.621

474.978

3O9.642

666.927

410.636

226.181

127.684

44,441

81,261

t, 442,608

1,174,801

721.469

661.114

1,216.171

686.769

629.412

166.812

17,710

121.922

618,116

480,647

108.226

182.422

419.792

288.201

111.681

70.666

20,024

60.811

1.422.668

1,206,100

2.644.491

661.609

2.828.716

2.497.076

411.641

277.184

147.416

129.968

NETHERLANDS

171.172

362,304

179.844

172.161

281.488

169.014

122.484

70.806

20,929

48.877

SWEDEN

287,902

269,761

118.066

1 30.707

219.010

127,781

91,228

6O.761

11.276

18.478

ITALY JAPAN

282,961

276,978

122,620

164.168

241.944

116.347

126.697

16.014

7.471

27.661

UNITED KMQOOM

2.696.028

2.669,406

1,117,778

1.261.628

2,216.202

1.219,266

876.816

161.2O4

78.612

274.882

VWPP COUHTRtC*

9.872.761

9,324.622

6.910.761

1.411.861

8.179.260

6.642.979

2.616.281

1,146.162

288.270

6O2.S88

487

447

109

116

408

296

110

16

11

26

AUSTRIA

164.768

167.442

86,616

71.4O8

119.474

81.269

67.2O6

18.460

4.246

14.2O4

BELGIUM

161.261

164.223

80.862

72.410

122.966

71.840

49.126

10.406

7.122

21.284

DENMARK

117.79O

107,006

61.668

64.866

84.187

46.492

•7,686

22.127

6.167

17,160

16.090

79.214

61.170

27,844

14.962

4.706

10.246

SWITZERLAND

(

FISCAL YEAR 92 ANDORRA

|

FMLANO

102.778

94,629

66.076

FRANCE

866.461

811.797

682.469

227.681

681.847

626.702

166,146

126.121

66.787

71.616

1.708.278

1.646.104

1.078.866

668.807

1,470.248

1.021.966

448.282

167.426

66.9OO

110.626

17.662

16.211

4,882

10.146

12.996

4.460

8.616

2.212

422

1.810

644,321

618.748

46O.649

166,096

641.266

422.812

118.464

74.478

27.817

46.641

1,948,386

3.741,790

3,187,407

326,940

3,462,608

3,211.611

261.087

261.719

176.896

761,841

942

884

322

666

757

304

463

121

18

101

9,989

9,626

4,213

6.373

8.357

4.012

4.346

1,229

201

1,028

487

456

173

279

367

167

230

66

6

48

NETHERLANDS

400.172

381.193

242,651

137.018

304,891

212.930

91.961

74,680

29,621

46,067

NEW ZEALAND

162.943

147,222

67.209

89.342

126,960

64,218

72,742

19.691

2,991

10.600

NORWAY

118,130

104.386

47,219

66.884

81,268

42.191

J9.077

22.836

6.028

1 7,807

GERMANY ICELAND ITALY JAPAN UECHTENSTEIN LUXEMBOURG MONACO

399

388

244

144

365

237

128

21

7

16

SPAIN

376.777

346,939

194,341

160,905

306,281

186,069

121.212

38,965

9.272

29,693

SWEDEN

292.126

274,098

161,982

111,298

222.793

146,912

76.881

60,487

16.070

36.417

SWITZERLAND

308.918

293.296

164,477

127,746

267.611

164.489

103,022

14,712

9.988

24.724

1,614,439

867.718

378,726

111.918

266,808

7,864.688

2,631,262

623.216

1,484,576

SAN MARINO

UNITED KINGDOM

2.989.186

2.873,362

1.726,367

1,134,626

2.482.167

VWPP COUNTRIES

12,386.631

11,780.267

8,377,904

3.339,838

10,386.960

TABLE 1. PAGE 2

1,331,792 Prapmt

W O» «fto« tt tMp,

)

i

NONIMMIGRANT ARRIVALS OF NATIONALS OF VISA WAIVER PILOT COUNTRIES FISCAL YEARS 1988 - 1992 FOR ALL DESIGNATED COUNTRIES TOTAL NONIMMIGRANTS

41,855,873

TOTAL* VISITORS

,39,468,742

VWPP B1/B2 ADMISSIONS

21,588,641

16,593,034

TOURIST VISITORS

35,431,869

WT

B2

BUSINESS VISITORS

VISITORS

20,301,574

13,843,228

TOTAL NONIMMIGRANTS - Refers to the total number of nonimmigrants admitted in all

4,036,873

WB

B1 BUSWESS

1,287,067

2,749,806

classes of admission.

VWPP - Refera to nonimmigrant visitors admitted under Section 217 of the Immigration and Nationality Act. WB - Refers to visitors for business admitted under Section 217. WT - Refers to visitors for pleasure admitted under Section 217. B1/B2 - Refers to nonimmigrant visitors admitted under Section 1 0 1 ( a ) ( 1 5 ) ( B ) of the Immigration and Nationality Act. Bl - Refera to visitors for business admitted under Section 101. B2 - Refera to visitors for pleasure admitted under Section 101.

MI MomMkon oMmd tram the Narv*rn*gnnl M«iratton ftyttmi IMS)

TABLE 1, PAGE 3

NONIMMIGRANT MALA FIDE NATIONALS OF VISA WAIVER PILOT COUNTRIES

VISA WITHDRAWALS

VISA EXCLUDED

DEPORTED

REQUIRED DEPARTUF

TOTAL

VWPP REFUSALS

1473

66

1201

36

71

101

'FRAMCf

666

29

343

6

29

149

GERMANY

BOB

21

644

16

41

87

ITALY

367

16

266

12

17

48

JAPAN

738

86

346

41

28

239

NtTHBtLANM

198

11

ISO

6

10

21

BWEDEN

126

8

87

2

4

24

96

2

60

1

12

21

UMTED KINGDOM

1807

281

1191

21

126

189

VWfP COUNTWE*

4.616

462

3.086

103

266

778

FRANCE

660

146

323

4

29

66

GERMANY

762

113

668

6

33

42

rTALY

324

68

206

6

20

26

JAPAN

1098

296

610

18

86

189

NETHERLANDS

237

62

149

7

16

14

SWEDEN

160

37

98

1

3

11

8VMTZBUAND

104

17

74

1

3

8

UNITED KMOOOM

1644

638

711

27

134

134

VWPP COUNTRIES

4.766

1,266

2.628

70

323

479

COUNTRY FISCAL YEAR B8 UNTTB) KINGDOM

FISCAL YEAR 89

SWITZERLAND

FISCAL YEAR 90

•boo MMUm INUI

TABLE 2. PAQE 1

*•»>•rWfcr»»omMWi

NONIMMIGRANT MALA FIDE NATIONALS OF VISA WAIVER PILOT COUNTRIES COUNTRY TOTAL

VWPP REFUSALS

VISA WITHDRAWALS

VISA EXCLUDED

DEPtmikui

REQUIRED DEPARTURES

RSCAL YEAR 91 FRANCE oeUIAMY ITALY JAPAN NETHERLANDS

26 28 24 74

36 30

7

7

13

6 4

12

630 010 440

141 273 260

141

4 0 0

1231

377

076

18

243

110

100

27

71

331 273

16 87 6

43

63

1 1

020

020

27

149

86

4,801

1.867

2.270

70

310

282

ANDORRA AUSTRIA

04 71 94

0 0 2

4

0 1 6

22

0 S3 4O 30

0 3

BELGIUM

0 24 27

0

7

18

30

0 1

a

2

161 230

284

6

341

11

62 61

1 197

6 199

0

6

38 28 1

22

109

SWEDEN SWITZERLAND

113

VWPP COUNTRIES

FISCAL YEAR 92

66 346

DENMARK FINLAND

632 242 234

FRAMCC GERMANY ICELAND JAPAN LIECHTENSTEIN LUXEMBOURG MONACO NETHERLANDS NEW ZEALAND NORWAY SAN MARINO SPAIN SWEDEN SWITZERLAND

VWPP COUNTRIES

244

244

270

10

2 0

0

0

0

1

48 0

0

2 0

0

0 0

0 0

93 62

7 4

14

234 0

1

10 10 3

0

0

6 0

10 10

0

700

1 40

7 166

2 71

2.089

116

413

200

631

ITALY

i

12

30 41

114

0

189 260

116

10 116

10 0 4O

103

61

132 09

33

49

143

810

6.292

OTMtan •mtwn INMI

21

1,816

TABLE 2, PAGE 2

0

18 0 0 0

Pr•f*n4 bf tt» Otfk»» at IMMQI

NONIMMIGRANT MALA FIDE NATIONALS OF VISA WAIVER PILOT COUNTRIES FISCAL YEARS 1988 - 1992 FOR ALL DESIGNATED COUNTRIES

TOTAL

VWPP REFUSALS

VISA WITHDRAWALS

VISA EXCLUDED

DEPORTED

REQUIRED DEPARTURES

21.016

6.454

11.880

393

1.389

1.900

VWPP REFUSALS • Refer* to applicant! (of admiaeion under Section 217 ol the Immigration and Nationality Act who war* refuaed admlaaioa to the United State*. VISA WITHDRAWALS/EXCLUDED • Refer* to appecant* for admiaeion under Section 101|e)(15)(BI of the Immgration and Nationality Act who ware not admitted to the United Statee. DEPORTED • Refer* to alien* removed from the United State* under either Section 217 or 242 of the Immigraoon and Nationality Act. REQUIRED DEPARTURES • Refer* to aliana directed to depart from the Untied Statee without an order of deportation. The departure may be voluntary or Involuntary and may or may not have been preceded by a hearing before an Immigration Judge.

en Mennattoo»b«*ln»« 1mm *» H~r*,**v** WemudMi »y*«m INtS)

TABLE 2. PAGE 1

PraooW by MM (Mtto* •UrayMtton. VSH*

NONIMMIGRANT OVERSTAYS OF NATIONALS OF VISA WAIVER PILOT COUNTRIES COUNTRY

TOTAL NONIMMIGRANTS

TOTAL!

OVERSTAYS

VISITORS

FISCAL YEAR 91 FRANCE GERMANY

784.621

838.1O4 1.442.606

•

7.894

1.174.603

46

618.316

490.647

17.627

3.422.668

1.2O6.tOO

NETHERLANDS

173.172

362.104

SWEDEN

287.902

209.70

0 • 33 1,664

SWITZERLAND

292.963

276.978

1

UNTTED KMOOOM

2.M6.028

2.669.406

•.•76

VWPP COUNTRKS

• ,•72.761

9.124.622

37.930

497

447

ITALY JAPAN

FISCAL YEAR 82 ANDORRA AUSTRIA

164.768

167.442

SELOIUM

163.263

164.223

DENMARK

117,790

107.008

FINLAND

102.77«

94.62*

1.982 661

FRANCE

•66.463

• 11.797

11.011

1.708.279

1.646.104

7.832

17.662

16.231

137

646.321

618.748

2O.179

3.948.386

3,741.790

0.620

942

884

7

9.989

9.626

OEXMANY ICELAND ITALY JAPAN UECHTENSTEJN

487

460

66 12

NETHERLANDS

400.372

381.193

2.447

NEW ZEALAND

162.943

147.222

NORWAY

118.130

104,386

1,434 1,761

399

388

8

376.777

340,939

4,458

SPAIN

274,098

4,746

SWEDEN

292,326 308.918

293,296

1,764

UNITED KMOOOM

2.989.186

2.873,362

12.236

VWPP COUNTRIES

12,386.633

11,7«0,267

•3.764

LUXEMBOURO MONACO

SANMAMNO

SWITZERLAND

MlM*

12

6.M» •22

•MM MM Una hiMihasad sniiMstMthMn tuattaaTi IMI&I

TABLES

>Si»«fii« b/ Ito (Mth» •< In^woUan. USMS IQflM