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[Federal Register: August 29, 2000 (Volume 65, Number 168)]
[Rules and Regulations]               
[Page 52306-52307]
From the Federal Register Online via GPO Access []



22 CFR Part 41

[Public Notice 3400]

Documentation of Nonimmigrants Under the Immigration and 
Nationality Act, As Amended--Waiver of Nonimmigrant Visa Fees for 
Members of Observer Missions to the United Nations

AGENCY: Department of State.

ACTION: Interim rule.


SUMMARY: Current regulations contain a waiver of visa application and 
issuance fees for aliens coming to the United States in various 
diplomatic classifications, including those related to international 
organizations. This rule extends that provision to include persons who 
are members of observer missions to the United Nations who apply for B-
1 visas to enter as participants in their U.N. observer missions.

DATES: This rule is effective August 29, 2000.

FOR FURTHER INFORMATION CONTACT: H. Edward Odom, Chief, Legislation and 
Regulations Division, Visa Services, Department of State, Washington, 
D.C. 20520-0106, (202) 663-1204.

SUPPLEMENTARY INFORMATION: The current regulation governing the waiver 
of visa fees for diplomats, on a reciprocal basis or as provided in the 
Headquarters Agreement with the United Nations, identifies the 
beneficiaries of the waiver by the classification of the visas they 
seek. In some instances, members of missions invited by the United 
Nations in observer status do not qualify for any of the applicable 
classifications and, instead, obtain B-1 visas for the purpose of 
attendance at the United Nations in observer capacity. This amendment 
will bring such individuals under the same umbrella with regard to visa 
fees as others at the United Nations.

Is This Within the Agreement With the United Nations?

    Yes. Article 11 of the Headquarters Agreement identifies the 
persons who are to be granted certain privileges. The fifth category, 
although not using the term ``observer mission'', clearly encompasses 
members of such units. Article 13 requires, among other things, that 
visas for persons covered by Article 11 be issued gratis.

Why Now, and Not Earlier?

    In the past, most persons entering for the purpose of attendance at 
the United Nations obtained visas in one of the identified 
classifications. The few who didn't faced fees of negligible amounts 
and did not object to them. Over time, however, some reciprocal visa 
issuance fees, in particular, have become substantial, and the 
unintended but obvious inequity became a problem. This change in the 
regulation rectifies that problem.

Regulatory Analysis and Notices

Interim Rule

    The implementation of this rule as an interim rule, with a 60-day 
provision for post-promulgation public comments, is based on the ``good 
cause'' exceptions set forth at 5. U.S.C. 553(b)(3)(B) and 553(d)(3). 
The benefit conferred fulfills the international responsibility of the 
United States as host country. Delay of the benefit for public notice 
and comment is unnecessary.

The Regulatory Flexibility Act

    Pursuant to Section 605 of the Regulatory Flexibility Act, the 
Department has assessed the potential impact of this rule, and the 
Assistant Secretary for Consular Affairs hereby certifies that it is 
not expected to have a significant economic impact on a substantial 
number of small entities.

Executive Order 12372 and Executive Order 13132

    The rule does not directly affect states or local governments or 
Federal relationships, does not create unfunded mandates, and does not 
have sufficient federalism implications to warrant preparation of a 
federalism assessment.

5 U.S.C. Chapter 8

    As required by 5 U.S.C., chapter 8, the Department has screened 
this rule and determined that it is not a major rule, as defined in 5 
U.S.C. 80412.

[[Page 52307]]

Paperwork Reduction Act:

    This rule will not affect paperwork requirements.

List of Subjects in 22 CFR Part 41

    Aliens, Nonimmigrants, Passports and visas.

    In view of the foregoing, 22 CFR Part 41 is amended as follows:


    1. The authority citation for Part 41 continues to read as follows:

    Authority: 8 U.S.C. 1104.

    2. 41.107(c)(1) is revised to read as follows:

41.107  Visa Fees

* * * * *
    (c) * * *
    (1) Upon a basis of reciprocity, or as provided in section 13(a) of 
the Headquarters Agreement with the United Nations (61 Stat. 716; 22 
U.S.C. 287, Note), no fee shall be collected for the application for or 
issuance of a nonimmigrant visa to an alien who is within a class of 
nonimmigrants classifiable under the visa symbols A, G, C-2, C-3, or 
NATO, or B-1 issued for participation in an official observer mission 
to the United Nations, or who is issued a diplomatic visa as defined in 
Sec. 41.26.
* * * * *

    Dated: August 4, 2000.
Mary A. Ryan,
Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. 00-22029 Filed 8-28-00; 8:45 am]