[Federal Register: April 17, 2002 (Volume 67, Number 74)]
[Rules and Regulations]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
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
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 email@example.com, 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
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
entities thereof, and officers and employees hired by INTELSAT less
than six months prior to the date of privatization, are not entitled to
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
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
List of Subjects in 22 CFR Part 41
Aliens, Nonimmigrants, Passports and visas.
Accordingly, the Department amends 22 CFR Chapter I as follows:
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
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
(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.
(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
(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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