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[Federal Register: April 17, 2002 (Volume 67, Number 74)]
[Rules and Regulations]               
[Page 18821-18822]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17ap02-10]                         

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF STATE

22 CFR Part 41

[Public Notice 3971]

 
Documentation of Nonimmigrants Under the Immigration and 
Nationality Act, as Amended: International Organizations; Interim Rule

AGENCY: Department of State.

ACTION: Interim rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: In the interest of greater accuracy and clarity, this rule 
revises the recently added amendment relating to INTELSAT (following 
privatization) as an ``international organization.''

DATES: Effective April 17, 2002. Written comments may be submitted on 
or before June 17, 2002.

ADDRESSES: Written comments may be submitted, in duplicate, to the 
Chief, Legislation and Regulations Division, Visa Services, Department 
of State, Washington, DC 20520-0106, or by e-mail to 
visaregs@state.gov.

FOR FURTHER INFORMATION CONTACT: Elizabeth J. Harper, Legislation and 
Regulations Division, Visa Services, Department of State, Washington, 
DC 20520-0106, telephone 202-663-1221, e-mail harperbj@state.gov, or 
fax at 202-663-3898.

SUPPLEMENTARY INFORMATION: On January 11, 2002, the Department amended 
its regulation pertaining to international organizations to include 
INTELSAT following privatization (67 FR 1413). Following further 
internal considerations and consultation with INS, the Department feels 
it necessary to revise that regulation to clarify the status of the 
organization and the personnel affected.

Why Are Changes Necessary?

    The regulation published earlier (22 CFR 41.24(a)) was intended, 
essentially, just to distinguish the fact that the source of authority 
for INTELSAT to retain a limited status as an international 
organization after privatization was Public Law 196-306 rather than a 
Presidential designation. The law, however, conferred the status of 
international organization on the privatized INTELSAT only in 
connection with a special immigrant classification for certain 
``international organization aliens.'' At the same time, however, it 
allowed certain officers and employees of privatized INTELSAT to retain 
their G-4 visa status, despite the fact that INTELSAT no longer met the 
definition of ``international organization'' for purposes of visa 
classification under INA 101(a)(15)(G). In addition, the special 
legislation did not provide for G-5 status for servants of privatized 
INTELSAT officers and employees. Those limitations and subtleties 
although not included in the existing regulation, are included in this 
amendment to it. The Department recognizes that greater specificity is 
necessary for a full understanding of the effects of section 301 of 
Public Law 106-306.

Does Changing the Regulation Make any Difference? Wouldn't the Law 
Govern Anyway?

    Yes it would. Nevertheless, it is best for purposes of 
administration and for full disclosure to the public that the 
regulation be made as unequivocal and thorough as possible. This 
revised version makes it explicit that INTELSAT is not an 
``international organization'' for all purposes. This, in turn, means 
that the officers and employees of the privatized INTELSAT who are 
still classifiable as G-4s are not ``international organization 
aliens'' for all purposes, but only for the purpose of the special 
immigrant visa provisions of INA 101(a)(27)(I).

What Other Changes, if Any, Are There in This New Regulation?

    In addition to clarifying the definition and the status of the G-4 
officers and employees of the privatized INTELSAT, this regulation 
makes it clear that only officers and employees of INTELSAT who had 
been employed in G-4 status for at least six months prior to the time 
of privatization, and officers and employees who meet those criteria 
but moved to a successor or separated entity after at least six months 
such employment and after March 17, 2000, but prior to INTELSAT 
privatization, are still classifiable under INA 101(a)(15)(G)(iv). 
Newly hired officers and employees of the privatized INTELSAT and 
successor or separated

[[Page 18822]]

entities thereof, and officers and employees hired by INTELSAT less 
than six months prior to the date of privatization, are not entitled to 
such status.

Regulatory Analysis and Notices

Administrative Procedure Act

    The Department is publishing this rule as an interim rule, with a 
60-day provision for post-promulgation public comments, based on the 
``good cause'' exceptions set forth at 5 U.S.C. 553(b)(3)(B) and 
553(d)(3). The rule makes no substantive changes in visa operations. It 
merely rectifies any confusion deriving from the earlier amendment 
noting that a different statute conferred the designation of 
``international organization'' in this instance.

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 is not 
expected to have a significant economic impact on a substantial number 
of small entities and will benefit those that engage temporary 
agricultural workers.

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local, and 
tribal governments, in the aggregate, or by the private sector, of $100 
million in any year and it will not significantly or uniquely affect 
small governments. Therefore, no actions were deemed necessary under 
the provisions of the Unfunded Mandates Reform Act of 1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by section 804 of the 
Small Business Regulatory Enforcement Act of 1996. This rule will not 
result in an annual effect on the economy of $100 million or more; a 
major increase in costs or prices; or significant adverse effects on 
competition, employment, investment, productivity, innovation, or on 
the ability of United States-based companies to compete with foreign-
based companies in domestic and export markets.

Executive Order 12866

    The Department of State does not consider this rule to be a 
``significant regulatory action'' under Executive Order 12866, section 
3(f), Regulatory Planning and Review. In addition, the Department is 
exempt from Executive Order 12866 except to the extent that it is 
promulgating regulations in conjunction with a domestic agency that are 
significant regulatory actions. The Department has nevertheless 
reviewed the regulation to ensure its consistency with the regulatory 
philosophy and principles set forth in that Executive Order.

Executive Order 131332

    This regulation will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. Therefore, in accordance with section 6 
of Executive Order 13132, it is determined that this rule does not have 
sufficient federalism implications to require consultations or warrant 
the preparation of a federalism summary impact statement.

Paperwork Reduction Act

    This rule does not impose any new reporting or record-keeping 
requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter 
35.

List of Subjects in 22 CFR Part 41

    Aliens, Nonimmigrants, Passports and visas.

    Accordingly, the Department amends 22 CFR Chapter I as follows:

PART 41--[AMENDED]

    1. The authority citation for part 41 is revised to read:

    Authority: 8 U.S.C. 1104; Pub. L. 105-277, 112 Stat. 2681-795 
through 2681-801.

    2. Amend Sec. 41.24 by revising paragraph (a) and adding paragraph 
(c) to read as follows:


Sec. 41.24  International organization aliens.

    (a) Definition of international organization. ``International 
organization'' means:
    (1) Any public international organization which has been designated 
by the President by Executive Order as entitled to enjoy the 
privileges, exemptions, and immunities provided for in the 
International Organizations Immunities Act (59 Stat. 669, 22 U.S.C. 
288); and
    (2) For the purpose of special immigrant status under INA 
101(a)(27)(I), INTELSAT or any successor or separated entity thereof.
* * * * *
    (c) Officers and employees of privatized INTELSAT, their family 
members and domestic servants. (1) Officers and employees of privatized 
INTELSAT who both were employed by INTELSAT, and held status under INA 
101(a)(15)(G)(iv) for at least six months prior to privatization on 
July 17,2001, will continue to be so classifiable for so long as they 
are officers or employees of INTELSAT or a successor or separated 
entity thereof.
    (2) Aliens who had had G-4 status as officers and employees of 
INTELSAT but became officers or employees of a successor or separated 
entity of INTELSAT after at least six months of such employment, but 
prior to and in anticipation of privatization and subsequent to March 
17, 2000, will also continue to be classifiable under INA 
101(a)(15)(G)(iv) for so long as that employment continues.
    (3) Family members of officers and employees described in 
paragraphs (c)(1) and (2) of this section who qualify as ``immediate 
family'' under Sec. 41.21(a)(3) and who are accompanying or following 
to join the principal are also classifiable under INA 
1010(a)(15)(G)(iv) for so long as the principal is so classified.
    (4) Attendants, servants, and personal employees of officers and 
employees described in paragraphs (c)(1) and (2) of this section are 
not eligible for classification under INA 101(a)(15)(G)(v), given that 
the officers and employees described in paragraphs (c)(1) and (2) of 
this section are not officers or employees of an ``international 
organization'' for purposes of INA 101(a)(15)(G).

    Dated: March 9, 2002.
Mary A. Ryan,
Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. 02-8549 Filed 4-16-02; 8:45 am]
BILLING CODE 4710-06-P





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