t5 b61 condor fdr- 10-3-01 levey memo re presidential proclamation- section 212(f)- immigration and...

8/14/2019 T5 B61 Condor Fdr- 10-3-01 Levey Memo Re Presidential Proclamation- Section 212(f)- Immigration and Nationalit

1/46

Justice.S. Department of JiOffice of the Deputy AttorneyGeneral

Washington, D.C. 20530October 3,2001

MEMORANDUMTO:

FROM:

CC:SUBJECT:

Dan LevinCounsel to the Attorney General

"'David AyresChief of StaffStuart LeveyAssociate Deputy Attorney GeneralDavid LauftnanPresidential ProclamationUnder Section 212(f) of the ImmigrationandNationality Act

BackgroundCongress has granted the President broad authority to deny entry to aliens based on the

national interest Under Section 212(f) of the Immigration andNationality Act (INA), 8 U.S.C.1182(f):

Whenever the President finds that the entryof any alien or of any class of aliensinto the United States wouldbe detrimental to the interests of the United States,he may by proclamation, and for such period as he shall deem necessary, suspendentry of all aliens or any class of aliens as immigrants or nonimmigrants, orimpose on the entryof aliens anyrestrictions he may deem to be appropriate....

The President generally authorizes the Secretary of State to implement the Proclamation,including determining who is covered and who falls within the exception (that the person's entrywould not be contrary to the national interest). Once the Proclamation takes effect, theDepartment of State stops issuing visas to individuals who fall within the scope of theProclamation, andthe INS denies admission to those who seek entry (who mayhave visas thatwere issuedprior to the Proclamation or who otherwise arrive in the United States).

There are no limitations on how the President may invoke Section 212(f). To my" '

OAG015-1055


2/46

knowledge, no President has invoked section 212(f) for all nationals of a particular country buthas tied the suspension of entry to subsets of nationalities that have engaged in specified activity,such as those individuals:

Responsible for formulating, implementing or benefiting from policies thatimpede the transition to democracy (or who benefit from such policies) in SierraLeone, Burma, Nigeria, Liberia, Haiti and Zaire.

Responsible for acts that threaten international stabilization efforts in the WesternBalkans Region, and those responsible for wartime atrocities.

Responsible for the repression of the civilian population in Kosovo or for thepolicies that obstruct democracy in the Federal Republic of Yugoslavia orotherwise support the governments of the Federal Republic of Yugoslavia or theRepublic of Serbia.

Who are foreign government or military officials of regimes opposed by theUnited States, such as the UNTTA in Angola, Bosnian Serb forces, theGovernment and Communist Party of Cuba, and officials of the Government ofSudan and members of the Sudanese Armed Forces.

According to the Department of State, there are nine 212(f) proclamations currently ineffect against certain nationals of: Angola, Bosnia, Burma, Cuba, the Federal Republic ofYugoslavia and Serbia, Liberia, Sierra Leone, Sudan and the Western Balkans. See examples atAttachment 1.Visa Issuance To Problem Countries

Between September 11 and September 30, the Department of State issued 4,751nonimmigrant visas to nationals of countries of concern to the law enforcement and intelligenceagencies, as follows:Afghanistan 27Iran 1138Iraq 181Libya 33Lebanon 973Palestine 87(presumably Arabs from the West Bank or Gaza)Pakistan 1647Sudan 123Syria 533

We have requested information from INS regarding the number of nationals fromcountries of concern that have been actually entered the United States since September 11. Thisinformation should be available within approximately one week.

OAG015-1056


3/46

Draft ProclamationsI have attached as Attachment 2 two draft Presidential Proclamations for your review.

The Office of Legal Counsel provided the language in Sections l(a) through (d) and (g) of bothdrafts. We consulted with the FBI and the INS in drafting Sections l(e) and (f). One majordifference between either draft and past Proclamations is that this Proclamation would cover allnationals of certain countries. Draft A is more broad in that it includes nationals of Afghanistan,Lebanon, all countries designated as state sponsors of terrorism (including Cuba and NorthKorea) and known or suspected members and representatives of all designated foreign terroristorganizations. Draft B includes nationals of Afghanistan, Lebanon, Middle Eastern countriesdesignated as state sponsors of terrorism, and known or suspected members and representativesof all Middle Eastern or Islamic designated foreign terrorist organizations. We should alsoconsider adding categories of individuals contained in Executive Order 13224, issued onSeptember 23, 2001, under the International Emergency Economic Powers Act (Attachment 3) .

Under current immigration law, a person who is a member or representative of adesignated foreign terrorist group is already inadmissible. Including those groups in the 212(f)Proclamation would nevertheless be significant because the Proclamation, as worded,wouldexclude people who are "suspected" of being members or of supporting the specified terroristgroups. Often, we only have sketchy information about a person's ties to a terrorist group. TheProclamation would permit us to exclude people even if the evidence would not establish thatthey are current members or representatives of the group.

One other major difference between these drafts andpast Proclamations is that, ratherthan leaving it up to the Secretary of State to implement the Proclamation and determine whoshould be covered, we have written in a role for the Attorney General at various stages: Section 2: TheAttorney General, in consultation with the Secretary, determines whether

the entry of the individual "would not be contrary to the interests of the United States." Section 3:The Secretary, inconsultation with the AttorneyGeneral, determines which

nations planned, authorized, committed, or aided the terrorist attacks or harboredorganizations or persons who did so.

Section 4: The Secretary or the Secretary's designee, in consultation with the AttorneyGeneral, shall identify persons covered by Section 1.We believe that it is appropriate for the Attorney General to participate in all of these

stages for implementing the Proclamation due to the ongoing law enforcement investigation intothe terrorist attacks and the need to prevent future attacks. This situation is distinguishable fromthe Proclamations made for purely foreign policy reasons (see Attachment 1). Nevertheless, theDepartment of State likely will oppose the role of the Attorney General.

OAG015-1057


4/46

OptionsBoth of the draft Proclamations are probably too broad to suggest to the White House as

written, especially given the diplomatic efforts that are ongoing with some of the countries thatare included in the drafts. The Attorney General might consider, however, suggesting a section212(f) proclamation with one or more of the following characteristics:1. Suspend visa issuance entirely to nationals of selected countries.2. Suspend visa issuance to individuals suspected of being associated with specific terrorist

groups.3 Impose restrictions on the admission of nationals from certain countries, such as: (a)requiring a detailed itinerary to be provided in advance of enliy, (b) mandatory reportingto the INS while in the United States, (c) fingerprinting and photographing upon entry,and/or (d) posting of a bond.

OAG015-1058


5/46

Presidential ProclamationsPresidential proclamations (generally referred to as212f) are published in the Federal Register and arisefrom a foreign policy decision to keep certain elementsin a given country from getting a visa. Proclamationsare rescinded or added depending on currentcircumstances. Contact VO/L/C for further information.The Presidential proclamations which currently affectthe issuance of United States visas are as follows:

ate ofreclamation

ill2 December 19975 October 1994

03 October 199604 October 198512 November 199910 October 200008 October 199722 November 199626 June 2001

of l 10/2/01 10.26

OAG015-1059


6/46

Dres. Proc. No. 6958 Page2L996 WL 679644 (Pres.);Citeas:61FR60007)

Proclamation 6958Suspension of Entry as Immigrants and Nonimmigrants of Persons Who AreMembersor Officials of the Sudanese Government or ArmedForces

November 22,1996*60007 By the President of the United StatesofAmericaA ProclamationIn light of the refusal of the Government of Sudanto comply with United Nations Security CouncilResolution 1044 of January 31,1996, and in furtheranceof United Nations Security Council Resolution1054 of April 26,1996,1 have determined that it is in the foreign policy interests of the United States torestrict the entry into the United States of aliens described in paragraph 3 of United Nations Security CouncilResolution 1054 and in section 1 of this proclamation.NOW, THEREFORE, I, WILLIAM J. CLINTON, by the power vested in me as President by the Constitutionand laws of the United States of America, including sections 212(f) and 215 of the Immigration andNationality Act of 1952, as amended (8 U.S.C. 1182(f) and 1185), and section 301 of title 3, United StatesCode, hereby find that the unrestricted immigrant and nonimmigrant entry into the United States of personsdescribed in section 1 of this proclamation would, except asprovided for in section 2 of this proclamation,be detrimental to the interests of the United States. I therefore, doproclaim thatSection 1. The entry into the United Statesas immigrants and nonimmigrants of membersof theGovernment of Sudan, officials of that Government, and members of the Sudanese armed forces, is herebysuspended.Sec.2. Section 1shall not apply with respectto anyperson otherwise coveredbysection 1where the entr^of such person would not be contrary to the interests of the United States.Sec. 3. Persons covered by section 1 and 2 shall be identified by the Secretaryof State.

- Sec. 4. Nothing in this proclamation shall be construed to restrict the entry of Sudanese officials coming tothe United States on official business of the United Nations other than in a manner consistent with theobligations of the United States to the United Nations.Sec. 5. This proclamation is effective immediately and shall remain in effect until such time as theSecretary of State determines that it is no longer necessary andshould be terminated.Sec. 6. The Secretary of State is hereby authorized to implement this proclamation pursuant to suchprocedures as he may establish.

Copr. West 2001 NoClaim to Orig.U.S. Govt Works

OAG015-1060


7/46

s.Proc.No.6958 Page 3'6 WL679644 (Pres.)te as: 61 FR 60007)

JOOB INWITNESS WHEREOF, I have hereunto set myhand this twenty-second day of November, in thearof our Lord nineteen hundred and ninety-six, and of the Independence of the United States of America3 two hundred and twenty-first.

WILLIAM J. CLINTONes. Proc. No. 6958, 61 FR 60007, 1996 WL 679644 (Pres.)MD OF DOCUMENT

Copr. West 2001No Claim to Orig. U.S. Govt Works

OAG015-1061


8/46

[Code of Federal Regulations][Title 3. Volume 1, Parts 100 to 102][Revised as of January 1, 1998]From the U.S. Government Printing Office via GPO Access[CITE: 3CFR7060][Page 184-185]Proclamation 7060 of December 12, 1997Suspension of Entry as Immigrants and Nonimmigrants of Persons Who Aresenior officials of the National Union for the Total Independence ofAngola ("UNITA11) and Adult Members of Their Immediate FamiliesBy the President of the United States of AmericaA ProclamationIn light of the failure of the National Union for the Total Independenceof Angola ("UNITA") to comply with its obligations under the'"Accordos de Paz,'' the Lusaka Protocol, and other components of thepeace process in Angola, and in furtherance of United Nations SecurityCouncil Resolution 1127 of August 28, 1997, 1130 of September 29, 1997,and 1135 of October 29, 1997, I have determined that it is in theforeign policy interests of the[[Page 185]]United States to restrict the entry intothe United States of aliens described in section 1 of this proclamation.HOW, THEREFORE, I, WILLIAM J. CLINTON, by the power vested in me asPresident of the United States by the Constitution and the laws of theUnited States of America, including sections 212(f) and 215 of theImmigration and Nationality Act of 1952, as amended (B U.S.C. 1182 (f)and 1185), and section 301 of title 3, United States Code, hereby findthat the entry into the United States of aliens described in section 1of this proclamation as immigrante or nonimmigrants would, except asprovided for in section 2 of this proclamation, be detrimental to theinterests of the United States. I do therefore proclaim that:Section 1. The entry into the United States as immigrants andnonimmigrants of senior officials of UNITA and adult members of theirimmediate families, is hereby suspended.Sec. 2. Section 1 shall not apply with respect to any person otherwisecovered by section 1 where the entry of such person would not becontrary to the interests of the United States.Sec. 3. Persons covered by section 1 and 2 shall be identified by theSecretary of State.Sec. 4. In identifying persons covered by section 2, the Secretary shallconsider whether a person otherwise covered by section 1 is an officialnecessary for the full functioning of the Government of Unity andNational Reconciliation, the National Assembly, or the Joint Commission,within the meaning of paragraph 4(a) of United Nations Security CouncilResolution 1127 of August 28, 1997.Sec. 5. This proclamation is effective immediately and shall remain ineffect until such time as the Secretary of State determines that it isno longer necessary and should be terminated.Sec. 6. The Secretary of State is hereby authorized to implement thisproclamation pursuant to such procedures as the Secretary of State mayestablish.IN WITNESS WHEREOF, I have hereunto set my hand this twelfth day ofDecember, in the year of our Lord nineteen hundred and ninety-seven, andof the Independence of the United States of America the two hundred andtwenty-second. WILLIAM J. CLINTON

,of, 10/2/0110:26

OAG015-1062


9/46


10/46

SERB FORCES IN VIOLATION OF RELEVANT UNITED NATIONS SECURITY COUNCILRESOLUTIONS;C) PERSONS IN OR RESIDENT IN THOSE AREAS OF THE REPUBLIC OF BOSNIA

AND HERZEGOVINAUNDER THE CONTROL OF BOSNIAN SERB FORCES FOUND TOHAVE VIOLATED OR CONTRIBUTED TO THE VIOLATION OF THE MEASURES SET OUTIN UNITED NATIONS SECURITY COUNCIL RESOLUTION 820 OFAPRIL 17, 1993,AND UNITED NATIONS SECURITY COUNCIL RESOLUTION 942 OF SEPTEMBER 23,1994.

SEC. 2. SECTION 1 SHALL NOT APPLY WITH RESPECT TO ANYALIEN OTHERWISECOVERED BY SECTION 1 WHERE THE ENTRY OF SUCH ALIEN IS IN THE INTERESTSOF THE UNITED STATES, INCLUDING WHERE SUCH ENTRY HAS BEEN APPROVED ASPRESCRIBED BY PARAGRAPH 14 OF UNITED NATIONS SECURITY COUNCILRESOLUTION 942.

SEC. 3. ALIENS COVERED BY SECTIONS 1 AND 2 SHALL BE IDENTIFIED PURSUANTTO PROCEDURES ESTABLISHED BY THE SECRETARY OF STATE, AS AUTHORIZED INSECTION 5 BELOW.

SEC. 4. THIS PROCLAMATIONSHALL TAKE EFFECT AT 11:59P.M. EASTERNDAYLIGHT TIME ON OCTOBER 25, 1994, AND SHALL REMAIN IN EFFECT UNTILSUCH TIME AS THE SECRETARY OF STATE DETERMINES THAT IS NO LONGERNECESSARY AND SHOULDBE TERMINATED.SEC. 5. THE-SECRETARY OF STATE SHALL HAVE RESPONSIBILITY TO IMPLEMENTTHIS PROCLAMATION PURSUANT TO PROCEDURES THAT THE SECRETARY MAYESTABLISH.INWITNESS WHEREOF, I HAVE HEREUNTO SET MYHAND THIS TWENTY-FIFTHDAY OF OCTOBER, IN THE YEAR OF OUR LORD NINETEEN HUNDREDAND

NINETY-FOUR, AND OF THE INDEPENDENCE OF THE UNITED STATES OFAMERICATHE TWO HUNDREDAND NINETEENTH.

WILLIAM J. CLINTON

'.of 2 10/2/0110:26

OAG015-1064


11/46

[Federal Register: October 7, 1996 (Volume 61, Number 195)][Presidential Documents][Page 52233-52234]From the Federal Register online via GPO Access [wais.access.gpo.gov][DOCID:fr07oc96-128]

Presidential Documents

Title 3--The President[[Page 52233]]

Proclamation 6925 of October 3, 1996

Suspension of Entry as Immigrants andNonimmigrantsof Persons Who Formulate or Implement Policies ThatAreImpeding the Transition to Democracy in Burma or WhoBenefit From Such PoliciesBy the President of the United States of AmericaA ProclamationThe current regime in Burma continues to detainsignificant numbers of duly elected members ofparliament, National League for Democracy activists,and other persons attempting to promote democraticchange in Burma. The regime has failed to enter intoserious dialogue with the democratic opposition andrepresentatives of the country's ethnic minorities, hasfailed to move toward achieving nationalreconciliation, and has failed to meet internationallyrecognized standards of human rights.In light of this continuing political repression, Ihave determined that it is in the interests of theUnited States to restrict the entrance into the UnitedStates as immigrants and nonimmigrants of certainBurmese nationals who formulate or implement policiesthat impede Burma's transition to democracy or whobenefit from such policies, and the immediate familiesof such persons.NOW, THEREFORE, I, WILLIAM J. CLINTON, by the powervested in me as President by the Constitution and thelaws of the United States of America, includingsections 212 (f) and 215 of the Immigration andNationality Act of 1952, ae amended (8U.S.C. 1182(f),11B5), and section 301 of title 3, United States Code,hereby find that the unrestricted immigrant andnonimmigrant entry into the United States of personsdescribed in section 1 of this proclamation would,except as provided for in section 2 or 3 of thisproclamation, be detrimental to the interests of the

of 2 10/2/01 10:26,

OAG015-1065


12/46

[[Page 52234]]

United States. I therefore, do proclaim that:Section 1. The entry into the United States asimmigrants and nonimmigrants of persons who formulate,implement, or benefit from policies that impede Burma'stransition to democracy, and the immediate familymembers of such persons, is hereby suspended.Sec. 2. Section 1 shall not apply with respect to anyperson otherwise covered by section 1 where theSecretary of State determines that the entry of suchperson would not be contrary to the interests of theUnited States. Section 1 shall not apply to officialsassigned to Burmese missions in the United States orworking-level support staff and visitors who supportthe work of Burmese missions in the United States.Sec. 3. Persons covered by sections 1 and 2 shall beidentified pursuant to procedures established by theSecretary of State, as authorized in section 6 below.Sec. 4. Nothing in this proclamation shall be construedto derogate from United States Government obligationsunder applicable international agreements.Sec. 5. This proclamation is effective immediately andshall remain in effect until such time as the Secretaryof state determines that it is no longer necessary andshould be terminated.

Sec. 6. The Secretary of State shall haveresponsibility to implement this proclamation pursuantto procedures the Secretary may establish. TheSecretary of State may eubdelegate the authorities setforth herein as he deems necessary and appropriate toimplement this proclamation.Sec. 7. This proclamation may be repealed, in whole orin part, at such time as the Secretary of Statedetermines that the Burmese regime has releasedNational League for Democracy members currently beingheld for political offenses and other pro-democracyactivists, enters into genuine dialogue with thedemocratic opposition, or makes significant progresstoward improving the human rights situation in thecountry.IN WITNESS WHEREOF, I have hereunto set my hand thisthird day of October, in the year of our Lord nineteenhundred and ninety-six, and of the Independence of theUnited States of America the two hundred and twenty-first.

(Presidential Sig.) cClintonl>[FR DOC. 96-25917Filed 10-04-96; 8:45 am]Billing code 3195-01-P

I of 2 10/2/0110:26

OAG015-1066


13/46

PresidentialProclamation 5377of October 4,1985Suspension of EntryasNonimmigrants by Officers of Employeesof theGovernment of Cuba or the Communist PartyofCubaBy the President of the United States ofAmericaA ProclamationIn light of the current stateof relations between the United States and Cuba, includingthe May 20,1985, statement that the Governmentof Cuba had decided "to suspend alltypes of procedures regarding the execution" of the December 14,1984, immigrationagreement between the United States and Cuba, thereby disrupting normal migrationprocedures between the two countries, I have determined that it is in the interest of theUnited States to impose certain restrictions on entry into the United States of officersor employees of the Government of Cuba or the Communist Party of Cuba.NOW, THEREFORE, I, RONALD REAGAN, by the authority vested in me asPresident by the Constitution and laws of the United States of America, includingsection 212(f) of the Immigration and Nationality Act of 1952, as amended [8 U.S.C.1182(f)], having found that the unrestricted entryof officers or employees of theGovernment of Cuba or the CommunistParty of Cuba into the United States would,except as provided in Section 2, be detrimental to the interests of the United States, doproclaim thatSection 1. Entry of the following classes of Cuban nationals as nonimmigrants ishereby suspended: [a] officers oremployees of the Governmentof Cuba or theCommunist Party of Cuba holding diplomatic or official passports; and [b] individualswho, notwithstanding the typeofpassport that theyhold, are considered by theSecretary of State or bis designee to be officers oremployees of the GovernmentofCuba or the Communist Party of Cuba.Sec, 2. The suspension of entry asnonimmigrantsset forth in Section 1shall not applyto officers or employees of the Government of Cuba or the Communist Partyof Cuba:[a] entering for the exclusive purposeof conducting official business at theCubanInterests Section in Washington; at the Cuban Mission to the United Nations in NewYork when, in the judgement of the Secretary of State or his designee, entry for suchpurpose is required by the United Nations HeadquartersAgreement; [b] in the case ofexperts on a mission of the United Nations; and in the case of individuals coming tothe United States on official United Nations business as representatives ofnongovernmental organizationswhen, in thejudgementof the Secretary of State or hisdesignee, entry for such purpose is requiredby the United Nations HeadquartersAgreement; or [c] in such other cases orcategories of cases as may be designated fromtime to time by the Secretary of State or his designee.Sec. 3. This Proclamation shall be effective immediately.IN WITNESS WHEREOF, I have hereunto set my hand this 4th day of Oct in the year

of 2 10/2/01 10:26

OAG015-1067


14/46

of our Lord nineteen hundred and eighty-five, and of the Independence of the UnitedStates of America the two hundred and tenth.[signed] Ronald Reagan

TABLE OF CONTENTS

!of2 10/2/01 10:26

OAG015-1068


15/46

[Federal Register: November 17, 1999 (Volume 64, Number 221)1[Presidential Documents][Page 62561-62562]

Presidential Documents

Title 3--The President[[Page 62561]]

Proclamation 7249 of November 12, 1999

Suspension of Entry as Immigrants andNonimmigrants of Persons Responsible for Repression ofthe Civilian Population in Kosovo or for Policies ThatObstruct Democracy in the Federal Republic ofYugoslavia (Serbia and Montenegro) P^FRY11) orOtherwise Lend Support to the Current Governments ofthe FRY and of the Republic of SerbiaBy the President of the United States of AmericaA ProclamationIn light of the actions of President Slobodan Milosevicand other officials of the Federal Republic ofYugoslavia (Serbia and Montenegro) ("^FRY11) and theRepublic of Serbia against elements of the civilianpopulation of Kosovo, including actions within thejurisdiction of the International Criminal Tribunal forthe former Yugoslavia; in light of actions being takenby the Milosevic regime to obstruct democracy and tosuppress an independent media and freedom of the pressin the FRY, Serbia, Montenegro, and Kosovo; and inlight of the ongoing efforts of the Milosevic regimeand its supporters to thwart the economic sanctionsimposed by the United States and other countriesagainst the FRY, I have determined that it is in theinterests of the United States to suspend the entryinto the United States of certain officials of the FRYGovernment and the Government of the Republic of Serbiaand of other persons who either act in support of suchofficials' policies or who are closely associated withsuch officials.NOW, THEREFORE, I, WILLIAM J. CLINTON, by the powersvested in me as President by the Constitution and thelaws of the United States of America, including section212 (f) of the Immigration and Nationality Act of 1952,as amended (8 U.S.C. 1182(f)), and section 301 of title3, United States Code, hereby find that theunrestricted immigrant and nonimmigrant entry into theUnited states of persons described in section 1 of thisproclamation would, except as provided for in sections2 through 4 of this proclamation, be detrimental to theinterests of the United States. I do therefore herebyproclaim that:

of 3 10/2/0110:26;

OAG015-1069


16/46

[[Page 62562]]

Section 1. The immigrant and nonimmigrant entry intothe United States of the following persons is herebysuspended:(a) Slobodan Milosevic and other persons who, assenior FRY or Serbian officials or as members of theFRY and/or Serbian military or paramilitary forces,formulated, implemented, or carried out repressiveactions against the civilian population in Kosovo;(b) Officials of the Government of the FRY or ofthe Republic of Serbia and FRY nationals who formulate,implement, or carry out policies obstructing orsuppressing freedom of speech or of the press in theFRY, Serbia, Montenegro, or Kosovo, or who otherwiseare obstructing efforts to establish a peaceful andstable democracy in these areas;(c) Officials of the Government of the FRY or ofthe Republic of Serbia and FRY nationals who,individually or as officers or employees of business orfinancial entities, engage in financial transactionsthat materially support the Government of the FRY, theGovernment of the Republic of Serbia, SlobodanMilosevic, or members of the Milosevic regime; and

(d) Any spouse, minor child, close relative, orclose personal associate of any person described insubsections (a) through (c) above, if the entry intothe United States of such spouse, minor child, closerelative, or close personal associate would not be inthe interests of the United States in light of theobjectives of this proclamation.Sec. 2. Section 1 shall not apply with respect to anyperson otherwise covered by section 1 where the entryof such person would not be contrary to the interestsof the United States.Sec. 3. Persons covered by sections 1 and 2 shall beidentified by the Secretary of State, or theSecretary's designee, in the Secretary or theSecretary's designee's sole discretion, pursuant tosuch procedures as the Secretary may establish undersection 5 below.Sec. 4. Hothing in this proclamation shall be construedto derogate from United States Government obligationsunder applicable international agreements.Sec. 5. The Secretary of State shall haveresponsibility to implement this proclamation pursuantto procedures the Secretary may establish.Sec. 6. This proclamation is effective immediately andshall remain in effect, in whole or in part, until suchtime as the Secretary of State determines that it is nolonger necessary and should be terminated, in whole orin part.IK WITNESS WHEREOF, I have hereunto set my hand thistwelfth day of November, in the year of our Lordnineteen hundred and ninety-nine, and of theIndependence of the United States of America the twohundred and twenty-fourth.

2 of 3 - 10/2/0110:26

OAG015-1070


17/46

(Presidential Sig.)[FR Doc. 99-30152Filed 11-16-99; 8:45 am]Billing code 3195-01-P

of 3 100/0110:26.

OAG015-1071


18/46

Presidential Documents2871Federal RegisterVol. 62, No. 11Friday, January 16, 1998Title 3-The PresidentProclamation 7062 ofJanuary 14, 1998Suspension of Entry as Immigrants and Non-immigrants of Persons WhoAre Members of the Military Junta in Sierra Leone and Members of TheirFamilies By the President of the United States of AmericaA ProclamationIn light of the refusal of the military junta in defacto control in SierraLeone to permit the return to power of the democratically elected governmentof that country, and in furtheranceof United Nations Security CouncilResolution 1132 of October 8, 1997,1have determined that it is in theforeign policy interests of the United States to suspend the entry into theUnited States of aliens described in section 1 of this proclamation.NOW, THEREFORE, I, WILLIAM J. CLINTON, by the power vested in meas Presidentof the United States by the Constitution and the laws of theUnited States of America, including sections 212(f) and 215 of the Immigra-tionand Nationality Act of 1952, as amended(8 U.S.C. 1182(f) and 1185),hereby find that the entry into the United States of aliens described insection 1 of this proclamation, as immigrants or nonimmigrants would,except as provided for in section 2 of this proclamation, be detrimental

of2 10/2/01 10:27

OAG015-1072


19/46

to the nterests of theUnited States. I do therefore proclaim that:Section 1. The entry into the United States as immigrants and nonimmigrantsof members of the military junta in Sierra Leoneand members of theirfamilies, is hereby suspended.Sec. 2. Section 1shall notapply with respect to any person otherwisecovered by section 1where the entry of such person would not be contraryto the interests of the United States.Sec. 3. Persons covered bysections 1 and 2 shall beidentified by theSecretary of State.Sec. 4. This proclamation is effective immediately and shall remain ineffect until such time as the Secretary ofState determines that it is nolonger necessary and should be terminated.Sec. 5. TheSecretary of State is hereby authorized to implement this procla-mationpursuant to such procedures as the Secretary of State may establish.INWITNESS WHEREOF, I have hereunto set myhand this fourteenth dayof January, in the year of our Lord nineteen hundred and ninety-eight,and of the Independence of the United States of America the two hundredand twenty-second.ID[FR Doc. 98-1346Filed 1-15-98; 11:17 am]Billing code3195-01-P

o f 2 10/2/0110:2'

OAG015-1073


20/46

DRAFT A Proclamation [No._

Suspension of Entryas ImmigrantsandNonimmigrants of CertainPersons Connected to the September 11,2001, Terrorist Attacks at the

World Trade Center, New York, New York, and the Pentagonand Other Persons Connectedto Terrorist States and Organizations

October_,2001

By the President of the United States of AmericaA Proclamation

In light of the September 11,2001, terrorist attacks at the World Trade Center,NewYork, New York, and the Pentagon, and the continuingand immediate threat of further attackson the United States, with respect to which 1 declareda national emergency hi Proclamation 7463of September 14,2001, and in light of S.J. Res. 23, the Authorization for Use of Military Force, Ihave determined that it is in the interests of the United States to suspend the entry into the UnitedStates of America of persons suspected ofproviding material support to or harboring tineindividuals ororganizations that carried ou t the terrorist attacks at the World Trade Center, NewYork, New York, the Pentagon, and the hijacking ofUnited Airlines Flight 93, of other personssuspected of providing or having provided support to such persons or who are closely associatingwith such persons, of nationals of Afghanistan, Lebanon and all countries designated as statesponsors of terrorism, and of those associated with all designated foreign terrorist organizations.

NOW, THEREFORE, I, GEORGEW.BUSH, by the powers vested in me as Presidentby the Constitution and the laws of the United States ofAmerica, including section 212(f) of theImmigration and Nationality Act of 1952, as amended (8 U.S.C. 1182(f)), and section 301 of title3,United States Code, hereby find that the unrestricted immigrant and nonimmigrant entry intothe United States of persons described in section 1 of this proclamation would, except asprovided for in sections 2 through5 of this proclamation, be detrimental to the interests of theUnited States. I dotherefore hereby proclaim that:

Section 1. The immigrantand nonimmigrant entry into the United States of thefollowingpersons is hereby suspended:

(a) Persons who are suspected of providing or having provided material support to theindividuals or groups who formulated,implemented, or carried out the terrorist attacks at theWorld Trade Center, New York, New York, the Pentagon, and the hijacking of United Airlinesflight 93;

OAG015-1074


21/46

(b) Persons who, individually or as officers or employees of business or financial entities,engage in financial transactions that materially support or supported the individuals or groupswho are suspected offormulating, implementing, or carrying out the terrorist attacks at the WorldTrade Center, New York, New York, the Pentagon, and the hijacking of United Airlines flight93;

(c) Persons who are nationalsof any nation that is determined, pursuantto section 2(a) ofS.J. Res. 23, to have planned, authorized, committed, or aided the terrorist attacks at the WorldTrade Center, New York, New York, the Pentagon, and the hijackingof United Airlines flight93;

(d) Persons who are nationals of any nation that is determined, pursuant to section 2(a) ofSJ.Res. 23, to have harbored an organization or person that planned, authorized, committed, oraided the terrorist attacks at the World Trade Center, New York, New York, the Pentagon, andthe hijacking of United Airlines flight 93;

(e) Personswho are nationals of Afghanistan, Cuba, Iran, Iraq, Lebanon, Libya, NorthKorea, Sudan, or Syria;

(f) Persons who are or suspected of being members or representatives of organizationsthat have been designated as foreign terrorist organizations under section 219 of the Immigrationand Nationality Act (8 U.S.C. 1189) or who support or who are suspected of supporting by anymeans these designated foreign terrorist organizations;and

(g) Any spouse, minor child, close relative, or close personal associate of any persondescribed in subsections (a) through (f) above, if the entry into the United States of such spouse,minor child, close relative, or close personal associate would not be in the interests of ttie UnitedStates in light of the objectives of this proclamation.

Sec. 2. Section I of this proclamation shall not apply with respect to any personotherwise covered by section 1 where the Attorney General, in consultation with the Secretary ofState, determines that the entryof such person wouldnot be contrary to the interests of theUnited States.

Sec. 3. I hereby delegate to the Secretary of State, in consultation with the AttorneyGeneral, the authority vested in me by section 2(a) of S.J. Res. 23 to determine which nationsplanned, authorized, committed, or aided the terrorist attacks at the World Trade Center, NewYork, New York, the Pentagon, and the hijacking of United Airlines Flight 93, or harboredorganizations or persons who planned, authorized, committed, or aided the terrorist attacks at theWorld Trade Center, New York,NewYork, the Pentagon, and the hijacking of United AirlinesFlight 93.

OAG015-1075


22/46

Sec. 4. Persons covered by section 1 shall be identified by the Secretary of State, or theSecretary's designee, in consultation with the Attorney General, pursuant to such procedures asthe Secretary may establish.

Sec. 5. Nothing in this proclamation shall be construed to derogate from United StatesGovernment obligations under applicable international agreements.

Sec. 6. This proclamation is effective immediately and shall remain in effect, in whole orin part, until such time as the Secretary of State, in consultation with the Attorney General,determines that it is no longer necessary and should be terminated, in whole or in part.

IN WITNESS WHEREOF,I have hereunto set my hand this day of October, in theyear of our Lord two thousand one, and of the Independence of the United States of America thetwo hundred and twenty-sixth.GEORGE W.BUSH

OAG015-1076


23/46

DRAFT B Proclamation [No.

Suspension of Entry as Immigrants and Nonimmigrants of CertainPersons Connected to the September 11,2001, Terrorist Attacks at theWorld T rade Center, New York, New York, and the Pentagonand Other Persons Connected to Terrorist States and Organizations

October ,2001

By the President of the United States of AmericaA Proclamation

In light of the September 11,2001, terrorist attacks at the World Trade Center, NewYork, New York, and the Pentagon, and the continuing and immediate threat of further attackson the United States, w ith respect to which I declared a national emergency in Proclamation 7463of September 14,2001, and in light of S.J. Res. 23, the A uthorization for Use of M ilitary Force, Ihave determined that it is in the interests of the United States to suspend the en try into the U nitedStates of America of persons suspected of providing material support to or harboring theindividuals or organizations that carried out the terrorist attacks at the World Trade Center, NewYork,New York, the Pentagon, and the hijacking of U nited Airlines Flight 93, of other personssuspected of providing or having provided support to such persons or who are closely associatingwith such persons, of nationals of Afghanistan, Lebanon and certain countries that are designatedas state sponsors of terrorism, and of those associated with certain designated foreign terroristorganizations.

NOW , THEREFORE, I, GEORGE W.BUSH, by the powers vested in me as Presidentby the Constitution and the laws of the United States of America, including section212(f) of theImmigration and Nationality A ct of 1952, as amended (8U.S.C. 1182(f)), and section 301 of title3, United States Code, hereby find that the unrestricted immigrant and nonimmigrant entry intothe United States of persons described in section 1 of this proclamation would, except asprovided for in sections 2 through 5 of this proclamation, be detrimental to the interests of theUnited States. I do therefore hereby proclaim, that:Section 1. The immigrant and nonimmigrant entry into the United States of the followingpersons is hereby suspended:(a) Persons who are suspected of providing or having provided material support to theindividuals or groups who formulated, implemented, or carried out the terrorist attacks at theWorld Trade Center, New York, New York, the Pentagon, and the hijacking of United Airlinesflight 93;

OAG015-1077


24/46

(b) Persons who, individually or as officers or employees of business or financial entities,engage in financial transactions that materially support or supported the individuals or groupswho are suspected of formulating, implementing, or carrying out the terrorist attacks at the WorldTrade Center, New York, New York, the Pentagon, and the hijacking of United Airlines flight93;

(c) Persons who are nationals of any nation that is determined, pursuant to section 2(a) ofS.J. Res. 23, to have planned, authorized, committed, or aided the terrorist attacks at the WorldTrade Center, New York, New York, the Pentagon, and the hijacking of United Airlines flight93;

(d) Persons who are nationals of any nation that is determined, pursuant to section 2(a) ofS J Res.23, to have harbored an organization or person that planned, authorized, committed, oraided the terrorist attacks at the World Trade Center, New York, New York, the Pentagon, andthe hijacking of United Airlines flight 93;

(e) Persons who are nationals of Afghanistan, Iran, Iraq, Lebanon, Libya, Sudan , or Syria;(f ) Persons who are or suspected of being members or representatives of the following

organizations that have been designated as foreign terrorist organizations under section 219 ofthe Immigration and Nationality Act (8 U.S.C. 1189) or who support or who are suspected ofsupporting by any means these designated foreign terrorist organizations (including all names ofsuch organizations identified by the Secretary of State in the designation notices): al Qa'ida;Abu Nidal Organization; Abu Sayyaf Group; Armed Islamic Group; Gama'a al-Islamiyya;HAMAS- Harakat ul-Mujahideen; Hizballah; Islamic Movement of Uzbekistan; al-Jihad;Mujahedin-e Khalq Organization; Palestine Islamic Jihad-Shaqaqi Faction; Palestine LiberationFront-Abu Abbas Faction; Popular Front for the Liberation of Palestine; or Popular Front for theLiberation of Palestine-General Command;an d

(g) Any spouse, minor child, close relative, orclose personal associate of any persondescribed in subsections (a) through (f) above, if the entry into the United States of such spouse,minor child, close relative, orclose personal associate'would not be in the interests of the UnitedStates in light of the objectives of this proclamation.

Sec. 2. Section 1 of this proclamation shall not apply with respect to any personotherwise covered by section 1where the Attorney General, inconsultation with the Secretary ofState, determines that the entry of such person would not be contrary to the interests of theUnited States.

Sec 3. I hereby delegate to the Secretary of State, inconsultation with the AttorneyGeneral, the authority vested in me by section 2(a)of S.J. Res. 23 to determine which nationsplanned, authorized, committed, or aided the terrorist attacks at the World Trade Center, NewYork, New York, the Pentagon, and the hijacking of United Airlines Flight 93, or harbored

OAG015-1078


25/46

organizations or persons who planned, authorized, committed, or aided the terrorist attacks at theWorld Trade Center, New York, New York, the Pentagon, and the hijacking of United AirlinesFlight 93.

Sec. 4. Persons covered by section 1 shall be identified by the Secretary of State, or theSecretary's designee, in consultation with the Attorney General, pursuant to such procedures asthe Secretary may establish.

Sec. 5. Nothing in this proclamation shall be construed to derogate from United StatesGovernment obligations under applicable international agreements.

Sec. 6. This proclamation is effective immediately and shall remain in effect, in whole orin part, until such time as the Secretary of State, in consultation with the Attorney General,determines that it is no longer necessary and should be terminated, in whole or in part.

IN WITNESS WHEREOF, I have hereunto set my hand this day of October, in theyear of our Lord two thousand one, and of the Independence of the United States of America thetwo hundred and twenty-sixth.

GEORGE W. BUSH

OAG015-1079


26/46

Exec.Order No. 13224 Page21001 WL 1126562 (Prcs.)(Cite as: 66 FR 49079)

Executive Order 13224

Blocking Property and Prohibiting Transactions With Persons Who Commit,Threaten To Commit,orSupportTerrorismSeptember 23,2001

*49079 By the authority vested in me as President by the Constitution and the laws of the United StatesofAmerica, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq .)(IEEPA),the National Emergencies Act (50 U.S.C. 1601 et seq.), section5 of the United Nations Participation Act of1945, as amended (22 U.S.C. 287cl (UNPA), and section301 of title 3, United States Code,and in viewofUnited Nations Security Council Resolution (UNSCR) 1214of December8,1998, UNSCR 1267of October15,1999, UNSCR 1333 of December 19,2000, and the multilateral sanctions contained therein, andUNSCR 1363 of July 30,2001, establishing a mechanism to monitor the implementation of UNSCR1333,I, GEORGE W. BUSH, President of the United States of America, find that grave acts of terrorism andthreats of terrorism committed by foreign terrorists, including the terrorist attacks in New York, Pennsylvania,and the Pentagon committed on September 11,2001,acts recognized and condemned in UNSCR 1368ofSeptember 12,2001, and UNSCR1269 of October 19,1999, and the continuing and immediate threat offurther attacks on United States nationals or the United States constitute an unusual and extraordinarythreat to the national security, foreign policy, and economy of the United States, and in furtheranceof myproclamation of September 14.2001, Declaration of National Emergency by Reasonof Certain TerroristAttacks, hereby declare a national emergency o deal with that threat. I also find that becauseof thepervasiveness and expansiveness of the financial foundation of foreign terrorists, financial sanctions maybe appropriate for those foreign persons that support orotherwise associatewith these foreign terrorists. Ialso find that a need exists for further consultation andcooperation with, and sharing of information by,United States and foreign financial institutions as an additional tool to enable the United States to combatthe financing of terrorism.I hereby order.Section 1. Except to the extent required by section 203(b) of IEEPA (50 U.S.C. 1702(bfl. or provided inregulations, orders, directives, or licenses that may be issued pursuant to this order, and notwithstanding'any contract entered into or any license or permit granted prior to the effective date of this order, all propertand interests in propertyof the following persons that are in the United States or that hereafter come withinthe United States, or that hereafter comewithin the possession orcontrol of UnitedStates persons areblocked:(a)foreign persons listed in the Annex to this order,(b) foreign persons determined by the Secretary of State, in consultation with the Secretary of the Treasuiand the Attorney General, to have committed, orto pose a significant risk of committing, acts of terrorismthat threaten the security ofU.S. nationals or thenational security, foreign policy, or economy of the United

Copr. West 2001 No Claim to Orig. U.S. Govt Works

OAG015-1080


27/46

ec. OrderNo. 13224 Page 301 WL 1126562 (Pres.)iteas:66FR49079)

jrtes;c) persons determined by the Secretary of the Treasury, inconsultation with the Secretaryof State and

< e Attorney General, to be owned or controlled by, or to act for or on "behalf of those persons listed in the ....nnex to this order or those persons determined to besubject to subsection 1 (b), 1 (c), or 1 (d)(i) of thistier; *49080(d) except as provided in section 5 of this order andafter such consultation, if any, with foreign authoritiess the Secretaryof State, in consultation with the Secretary of the Treasury and the Attorney General,eems appropriate in the exercise of his discretion, persons determined by the Secretary of the Treasury, inonsultation with the Secretary of State and the Attorney General;(i) to assist in, sponsor, or provide financial, material, or technological support for, or financialor otherervices to or in support of, such acts of terrorism or those persons listed in the Annex to this order oretermined to be subject to this order, or(ii) to be otherwise associated with those persons listed in the Annex to this order or those personsietermined to be subject to subsection 1(b), 1(c), or 1(dXO of this order.Sec. 2. Except-to the extent required by section 203(b) of IEEPA (50 U.S.C. 1702001or provided inegulations, orders,directives, or licenses that may be issued pursuant to this order, and notwithstandingmy contract entered into or any license or permit granted prior to the effective date:

(a) any transaction or dealing by United States personsorwithin the United States in propertyor interests.1property blocked pursuant to this order is prohibited, including but not limited to the making or receiving ofany contribution of funds, goods, or services to or for the benefit of those persons listed in the Annex to thisjrder or determined to be subject to this order,(b) any transaction by any United States personor within the United States that evades or avoids, or has.he purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in this order isjrohibited;and(c) any conspiracy formed toviolate any of the prohibitions set forth in this order is prohibited.

Sec. 3. For purposes of this order(a) the term "person" means an individual or entity;(b) the term "entity" meansa partnership,association, corporation, or other organization, group, orsubgroup;(c) the term "United States person" means any United States citizen, permanent resident alien, entityorganized under the laws of the United States (including foreign branches),or any person in the UnitedStates; and , - , . .


OAG015-1081


28/46

ixec. Order No. 13224 Page 4.001 WL 1126562 (Pres.)Cite as: 66FR49079)

(d) the term "terrorism" means an activity that-(i) involves a violent act or an act dangerous to human life, property, or infrastructure; and(ii) appears to be intended

(A) to intimidate or coerce a civilian population;(B) to influence the policy of a governmentby intimidation or coercion; or(C) to affect the conduct of a government bymassdestruction,assassination, kidnapping, orhostage-taking.

Sec. 4 .1 hereby determine that the making of donations of the type specified in section 203(bX2)of IEEPA(50 U.S.C. 1702(b)(2)) by United States persons to persons determined to be subject to this orderwouldseriously impair myability to deal with the national emergency declared in this order, and would endangerArmed Forces of the United States that are in a situation where imminent involvement in hostilities is clearlyindicated by the circumstances, and hereby prohibit such donations as provided by section 1 of this order.Furthermore, I hereby determine that the Trade Sanctions Reform andExport Enhancement Act of 2000(title IX, Public Law 106-387) shall not affect the imposition or the continuation of the imposition of anyunilateral agricultural sanction or unilateral medical sanction on M9081 any person determined to besubject to this order because imminent involvement of the Armed Forces of the United States in hostilities isdearly indicated by the circumstances.Sec. 5. With respect to those persons designated pursuant to subsection 1(d) of this order, the Secretary ofthe Treasury, in the exercise of his discretion and 'm consultation with the Secretaryof State and theAttorney General, may take such other actions than the complete blocking of property or interests inproperty as the President is authorized to take under IEEPA and UNPA if the Secretary of the Treasury, inconsultation with the Secretary of State and the Attorney General, deems such other actions to beconsistent with the national interests of the United States, considering such factors as he deemsappropriate.Sec. 6. The Secretary of State, the Secretary of the Treasury, and other appropriate agencies shall makeall relevant efforts to cooperate and coordinate with other countries, including through technical assistance,as well as bilateral and multilateral agreements andarrangements, to achieve the objectives of this order,including the prevention and suppressionof acts of terrorism, the denial of financing and financial servicesto terrorists and terrorist organizations, and the sharing of intelligence about funding activities insupportofterrorism.Sec. 7. The Secretary of the Treasury, in consultation with the Secretary of State and the Attorney Generalis hereby authorized to take such actions, including the promulgation of rules and regulations, and toemploy all powers granted to the President by IEEPA and UNPA as may be necessary to carry out thepurposes of this order. The Secretary of the Treasury mayredelegate any of these functions to otherofficers andagencies of the United States Government All agencies of the United States Government arehereby directed to take all appropriate measureswithin their authority to carry out the provisionsof &is ,T ;


OAG015-1082


29/46

sc. OrderNo.13224 Page5)1WL1126562 (Pres.)i t eas :66FR49079)er.

ec 8 Nothing in this order is intended to affect the continued effectiveness of any rules, regulations,ders "licenses, or other forms of administrative action issued, taken, or continued in effect heretofore orjreafter under 31 C.F.R. chapter V, except as expressly terminated, modified, or suspended by orjrsuant to this order.;ec 9 Nothing contained in this order is intended to create, nor does it create, any right, benefit, orivllege, substantive or procedural, enforceable at law by a party against the United States, its agencies,ficers, employees or any other person.>ec 10 For those persons listed in the Annex to this order or determined to be subject to this order whoirah't have a constitutional presence in the United States, I find that becauseof the ability to transfer fundsr assets instantaneously, prior notice to such persons of measures to be taken pursuant to this order wouldsnder these measures ineffectual. I therefore determine that for these measuresto beeffective inddressing the national emergency declared in this order, there need be no prior notice of a listing oretermination made pursuant to this order.Sec. 11. (a) This order is effective at 12:01 a.m. eastern daylight time on September24, 2001. M9082(b) This order shall be transmitted to the Congress and published in the Federal Register.

GEORGE W. BUSHTHE WHITE HOUSE,September 23,2001.

TABULAR OR GRAPHIC MATERIAL SET FORTH AT THIS POINT IS NOT DISPLAYABLEExec. Order No. 13224,66 FR49079,2001 WL 1126562 (Pres.)END OF DOCUMENT

Copr. West 2001NoGUim toOrig.U.S. GovLWorks

OAG015-1083


30/46

ANNEXAl Qaida/lslamic ArmyAbu Sayyaf GroupArmed Islamic Group (GIA)Harakat ul-Mujahidin (HUM)Al-Jihad (Egyptian Islamic Jihad)Islamic Movement of Uzbekistan (IMU)Asbat al-AnsarSalafist Group for Call and Combat (GSPC)Libyan Islamic Fighting GroupAl-Itihaad al-Islamiya (AIAI)Islamic Army ofAdenUsama bin LadenMuhammad Atif (aka, Subhi Abu Sitta,

Abu Hafs Al Masri)Sayf al-AdlShaykh Sai'id (aka, Mustafa Muhammad Ahmad)Abu Hafs the Mauritanian (aka, Mahfouz Quid al-Walid, Khalid Al-

Shanqiti)IbnAl-Shaykh al-LibiAbu Zubaydah (aka, Zayn al-AbidIn Muhammad Husayn, Tariq)Abd al-Hadi al-Iraqi (aka, Abu Abdallah)Ayman al-ZawahiriThirwat Salah ShihataTariq Anwar al-Sayyid Ahmad (aka, FathI, Amr al-Fatih)Muhammad Salah (aka, Nasr Fahml Nasr Hasanayn)Makhtab Al-Khidamat/AI KifahWafa JHumanitarian OrganizationAl Rash d Trust

OAG015-1084


32/46

f I .

ARRIVALS IN THE UNITED STATES ANDPOSSIBILITIESOF ENHANCED SCRUTINY

I. ALIENS OUTSIDE THE U.S.A. INSPECTIONS PROCESS

More than 500 million people, both U.S. citizens andaliens, enter the U.S. each year. Inorder to enter legally, an alien must arrive at a designated land, air or sea port-of-entry and beinspected and admitted. Aliens seeking entry into the United States are inspected at ports-of-entry by Immigration Inspectors who determine their admissibility. The inspector is responsiblefor determining 'the nationality and identity of each applicant for admission. U.S. citizens areexamined to verify citizenship, although a passport is not required of a U.S. citizen who travelsto the United States from anywhere in the Western Hemisphere.

Since 1991, through the "TIPOFF' program, the INS, the Department of State (DOS),and the law enforcement and intelligence communities have engaged in a cooperative effort touse sensitive intelligence information relating to terrorists and criminals for visa issuance andadmissions. After signing a Memorandumof Understanding with DOS, a law enforcement orintelligence agency may submit information (usually classified) to DOS for entry into theTIPOFF system. DOS extracts the following information and provides them to INS and Customsfor entry in their LOOKOUT databases (NAILS for INS andTECS for Customs): name, date ofbirth, country of origin, passport number, and code designator (type of case). Theagencysupplying the information controls the use of theinformation.

When the alien arrives at an air or sea port-of-entry, the Immigration Inspector inspectsall aliens to determine admissibility. In addition, the U.S. Customs Service conducts selectiveinspections and other Federal Inspection Services may also be present All travelers are queriedin the Interagency Border Inspection System (IBIS), which links to TIPOFF, during the primaryinspection. The arrival of most classes of nonimmigrants is documented by the INS on Form I-94. At land ports-of-entry, Immigration and Customs Inspectors share the examination of U.S.citizens and the inspection of aliens. All license plates are queried in IBIS during primaryinspection as are the names of travelers referred for a secondary inspection. ImmigrationInspectors document the arrival of third country nationals,but generally not those of Canadianand Mexican nationals (see sections I.B.5a. and c).B. METHODS OF ARRIVAL ANDDOCUMENT REQUIREMENTS

In general, an alien must be in possession of a valid, unexpired, nonimmigrant orimmigrant visa inaddition to apassport Theprimary inspection of aliens is the same whether ornot they are subject to documentary requirements. If an inspector has doubts about the identityand citizenship of a traveler or a traveler does not appear admissible to the United States, he willbe referred for a secondary inspection. If the traveler is required to present a valid passport, theinspector confirms the identity of the traveler with me passport. If the traveler is not required,and does not present a valid passport, the inspectormust attempt to ascertain identity and

OAG015-1094


33/46

citizenship by relying on secondary documentation, such as a birth certificate or driver's license,or even the verbal assertion of the traveler.An alien may enter the United States in the following ways, with varying degrees of

screening. There are circumstances, however, wherean alien may be exempted,by statuteorregulation, from either or both ofthose requirements,as described below.1. Nonimmigrant visasDescription: Nonimmigrant visas are issued to aliens for temporary stays in the United

States. The categories are described alphabetically (A through V) and correspond to particularparagraphs of Sectionl01(aXl5)oftheINA. gee Attachment 1 for nonimmigrant visacategories and descriptions. Toqualify as a nonimmigrant, in addition to not being subject to anyof the grounds of inadmissibility, unless waived, the applicant must satisfy the requirements ofthe classification requested For most categories, the applicant must establish that he or sheintends to depart from the U.S. after theperiod of authorized stay expires. Some nonimmigrantvisa classifications require that the applicant maintain a residence abroad that he or she has nointention of abandoning. Duringthe authorized period of stay in the United States, aliens incertain nonimmigrant classesmayrequest permission from the INS to change from onenonimmigrant visa category to another. DOS may issue a single or multiple entry visa. INSgenerally admits the nonimmigrant visitors for business orpleasure (B visas) for six months,regardless of how long they indicate they intend to visit, and the alien may request an extension.

Estimate: In Fiscal Year (FY) 2000, theDepartmentof State (DOS) issued more than 44million nonimmigrant visas. Of these, 12.8 million wereB visitors for business or pleasure, 10million were F students, and 11million wereJ exchange visitors. See Attachment 2. DOScontinues to issue visas to nationals ofproblem countries at roughly the same rate afterSeptember 11 as it did before. See Attachment3.

Current Screening: All visas are issued by DOS and the visa applicant must submit avisa application, photograph, valid passport (with certain limited exceptions), and any requiredsupporting documentation. The applicantmay apply throughthemail or be required to beinterviewed in personby aconsular officer. The applicant's name is checked in the DOS'Consular Lookout and Administrative Support System (CLASS), which links with TIPOFF.DOS has further screening requirements for aliens of certain nationalitiesand those suspected ofbeing inadmissible on security-related grounds.1 For some cases, DOS conducts furtherscreening through FBI by providing the FBI with a limited period of time in which to respond

1 The specific countries aref""9/11 Closed by Statute

JDOS has issued to allConsular Officers specific instructions on how to handle visa applications by nationalsof these countries, includbgspecific consultationrequirementsand questionsfor the applicant

OAG015-1095


34/46

and if DOS does not receive a response within that time period, the visa is issued.Enforcement: The INS generally does not monitor nonimmigrants after they enter but

does keep track of their entry by manually inputting arrival and departure information into theNonimmigrant Information System (NIIS). Currently, the INS does not know with certaintywhether any nonimmigrant departs the U.S. as required and does not track whether students orother nonimmigrants are complying with terms of their visas. In recent years, Congress enactedtwo provisions that would enhance the monitoring of nonimmigrants after arrival: the DataManagement Improvement Act (DMIA) requires the Attorney General to establish a task force ofgovernment and nongovernment officials to study the requirements of an automated entry/exitsystem and to implement such a system at some ports-of-entry in 2003,2 and the 1996Immigration Act requires the implementation of a system to track foreign students (F, J and Mvisa holders) in 2003.3

Possible Enhanced Screening/Enforcement:(1) Direct DOS to restrict visa issuance to nationals ofparticular countries.(2) Request that thePresident issue a 2I2(f) Proclamation.4(3) Attach registration, reporting requirements, and other conditions to nonimmigrant visas (asdiscussed in part II below).(4) Require FBI and CIA to check each applicant from certain countries before a visa is issued.DOS could not issue a visa without a response.(5) Consider taking control of TIPOFF system out of DOS so that intelligence/law enforcementagencies will have confidence that sensitive information will be protected and will, therefore,share more information.(6) Require travelers to have machine-readable passports and other travel documents complyingwith established International Civil Aviation Organization standards.(7) Expand the use of IBIS queries at land border ports-of-entry.(8) Instruct DOS to limit issuance ofmultiple entry visas.(9) Instruct INS to admit nonimmigrants for the minimum period of time requested and to denyrequests for extensions.

2 InApril 2001, the INS sent to the Attorney Generala recommendationregarding the task force composition. TheOffice of the Attorney General determined that itwould be appropriate to wait forCommissioner Ziglar's review ofthe proposal. Wehave requested CommissionerZiglar to submithis recommendationas soon as possible.3 The rule authorizinga collection of a $95 fee from each F, J and Mvisa applicantto fund this Student ExchangeVisitor Information System (SEVIS) is in the final stages of beingdrafted andwill be sent to the Office ofManagement andBudget in the near future.* Under Section 212(f) of the Immigration andNationality Act, "if the President finds that the entry of any alien orof any class of aliens into the United States would bedetrimentalto the interestsof the United States, he may byproclamation, and forsuch period as he shall deem necessary, suspend entry of all aliens or any class of aliens asimmigrants ornonimmigrants, or impose on the entry of aliens any restrictionshe may deem to be appropriate...".The Presidentmaybroadly describe a categoryof individualsto be covered by the Proclamation.

OAG015-1096


35/46

(10) Instruct INS to expediteDMIA entry/exitstudy and implementationof SEVIS foreignstudent tracking system.

2. Immigrant VisasDescription: Immigrant visas are visas permitting lawful permanent residence in theUnited States. There are three broad categories of immigrant visas and each categoryhas an

annual numerical limitation: family-based(no limit for"immediate relatives" but a minimum226,000 for all other categories); employment-based (140,000); and diversity (55,000).

Immigrant visas are issued by the DOS at consular posts outside the United States and,upon arrival in the United States the immigrant visa holder is admitted as a permanent resident.Under certain circumstances, an alien already in the United States may be able to adjust his or herstatus to that of a permanent resident Applicants for family or employment-based immigrantvisas or adjustment of status must first have a visa petition approved by the INS for the allocationof a visa number, and the Department of Labor must approve certifications from employers thatare required for most labor-based visas.

Estimates: hi FY 99, 646,568 aliens legally immigrated to the United States: 476,445fiunily-sponsored, 56,817 employment-based, 47,571 diversity, and 65,735 others. Of the total,401,775 aliens were processed overseas by DOS and 244,793 by INS through adjustment ofstatus in the U.S.

Current Screening: Overseas, DOS conducts a personal interview and runs the personthrough the DOS databases. For cases processed by INS in the United States, each applicant foradjustment of status must submit photographs, fingerprints and biographic informationto theINS. The INS submits the fingerprints to the FBI for criminal history checks and the biographicinformation to the CIA for other database checks. In 1999, due to the large backlog ofapplications for adjustment of status and the length of time for the CIA to respond with theresults of the checks, the INS implemented a policy matallowed aliens to be granted permanentresidence before the INS receives the CIA's response. This created problems inthose caseswhere the CIA possessed derogatory information about the applicant because the CIA'sresponses are usually classified, and the INS cannot revoke permanent resident status based onclassified information.

Possible Enhanced Screening:(1) Require FBI and CIA concurrence for all immigrant visa applications processed by DOS.(2) Fingerprint all immigrant visa applicants.(3) Instruct INS to change policy and require CIA response on every applicant for adjustment ofstatus.

OAG015-1097


36/46

3. RefugeesDescription: Refugees are aliens outside the U.S. whom the INS determines have

experienced past persecution or face a "well-founded fear" of future persecution on account ofrace, religion, nationality, membership in a particular social group, or political opinion. Afterconsultation with the Congress, the President determines the annual refugee limit based onhumanitarian concerns, the public interest, or an unforeseen emergency, and dividestheoverallnumber among various regions of the world. DOSthen determines the nationalities andcriteriafor INS to conduct interviews.

Estimate: Between 70,000 and 99,000 refugees have been admitted to U.S. each year forthe past six fiscal years. DOS has proposed that the President set a ceiling of 70,000 for FY 02,which includes up to 15,000 from the Near East and South Asia region (primarily Afghanistan,Iran and Iraq), as well as 22,000 from Africa (including Sudanese and Somalis).

Current Screening: The INS conducts a personal interview for each applicant for refugeestatus. The INS examines each refugee to determine whether he or she is admissible, and DOSruns limited database checks, but refugees are not fingerprinted. If approved, DOS then workswith international non-governmental organizations to find a sponsor who agrees to help resettlethe refugee in the U.S. Refugees are then admitted to the U.S. without visas and the DepartmentofHealth and Human Services assists in their resettlement Any refugee may apply forpermanent residence after one year in the U.S.

Possible Enhanced Screening:(1) Fingerprint andperform LOOKOUT queries on all refugee applicants.(2) Require FBI and CIA concurrence for all approvals for nationals of countries of concern, suchas Iran, Iraq, Afghanistan, Sudan, Somalia, Ethiopia, Algeria, Lebanon, Syria, and Yemen.(3) Cease granting refugee status to nationals of countries of concern.

4. Parolees

Description: Section 212(d)(5) of the Immigration andNationality Act authorizes theAttorney General to "parole" an alien on a case-by-case basis for "urgent humanitarian reasons orsignificant public benefit" A grant of parole does not constitute a formal admission to theUnited States, and in most cases, it permits the alien to remain in the country for only a brief,temporary period. The INS exercises the Attorney General's parole authority. Parole decisionsare made bom locally in INS district offices and at INS Headquarters, which adjudicates"significant public benefit" parole requests from law enforcement agencies and privateindividuals. The INS may parole an alien for various reasons: for the alien to obtain medicaltreatment; for the alien to cooperate with or be a defendant in a criminal investigation orprosecution; or for me INS to defer the inspection to a later date because the inspector cannotmake a decision on admissibility (the individual is required to report to a designated INS districtoffice at a later date to complete the inspection).

OAG015-1098


37/46

Estimate: In FY 99, nearly 264,000 aliens were paroled into the U.S. 196,000 of theseparole determinations were made at port-of-entry by the District Office. 9,600 additionalparolees were given parole for "deferred inspection."5

Current Screenine: Some categories of parolees go through a thorough interagencyvetting process and others do not. The INS should check available databases at the ports-of-entryin making determinations at die local level, but the OIG audit indicates that some paroled alienshad adverse criminal or immigration histories. Certain parole determinations made by INSHeadquarters go through a more thorough vetting process, such as those made at the request of alaw enforcement agency, through which officials from the Drug Enforcement Agency, FBI, U.S.Marshals Service, and Customs Service, are notified of the parole request and have theopportunity to object.

Possible Enhanced Screening:(1) Require FBI and CIA database checks for all potential parolees.(2) Require posting of a bond or reporting requirements as condition of parole.(3) Instruct INS to cease paroling aliens for deferred inspection.(4) Consider prohibiting parole for certain nationalities.

5.Visa ExemptionsCertain other categories of aliens do not need visas, as described below.a. Canadians and certain othersDescription: Under INS regulations, a passport is not required of U.S. or Canadian

citizens who travel to the United States from anywhere in the Western Hemisphere. A visa is notnormally required for Canadian citizens, British subjects in Bermuda, and under specificcircumstances, Bahamian nationals or British subjects resident in Bahamas, Cayman Islands, andTurks and Caicos Islands. Also, a visa is not required for certain British, French or Netherlandsnationals of Barbados, Grenada, Jamaica, Trinidad andTobago, and the British Virgin Islands.

Estimates: INS estimates that, of the approximately 500 million annual entries in theUnited States, 285 million are made at land border ports-of-entry. A significant percentage ofthese entries are madeby Canadians andMexicans with Border Crossing Cards (see section 5c.

5 During the week of September 24, the Office of the Inspector General (OIG) released an audit which found thatnearly 11 percent of individuals paroled into the country for deferred inspection program foiled to appear for thecompletion of their inspection. OIGestimates that about 10,000 inspections are deferred annually and thatadequate procedures were not in place to ensure that individuals who fail to appear are either brought in to completetheir inspections or are appropriately penalized for failing to do so. According to OIG, INS Inspectors hadidentified more than SO percent of those who failed to appear aseither having criminal records or immigrationviolations at the time of entry.

OAG015-1099


38/46

below).Screening: See Section IA. INS does not record arrival and departure information for

Canadians.Possible Enhanced Screenine:(1) Review visa and passport exemptions.

(2) Expand the categories of aliens whose arrivals and departures are recorded.b. Visa Waiver ProgramsDescription: The Visa Waiver Program (VWP) enables citizens of participating countriesto travel to the U.S. for tourism or business for 90 days or less without obtaining a U.S. visa. TheVWP is administered by the Attorney General in consultation with the Secretary of State.

Currently there are 29 participating countries in the VWP: Andorra, Argentina, Austria,Australia, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan,Liechtenstein, Luxembourg, Monaco, The Netherlands, New Zealand, Norway, Portugal, SanMarino, Singapore, Slovenia, Spain, Sweden, Switzerland, the United Kingdom and Uruguay.The Guam Visa Waiver Program permits nationals of certain countries in the general areasurrounding Guam to visit Guam only for tourism or business for 15 days or less withoutobtaining a U.S. visa. Under both programs, thealien must waive his right to hearing before animmigration judge to be issued the visa.

Estimate: In FY 98, more than 17 million aliens were admitted through the VWP.Screening: Since there is no visa application, the only screening is done at the port-of-

entry. When the alien arrives at an air or sea port-of-entry, the Immigration Inspector inspects allaliens to determine admissibility. In addition, the U.S. Customs Service conducts selectiveinspections and other Federal Inspection Services may also bepresent. All travelers are queriedin the Interagency Border Inspection System (IBIS) during the primary inspection. The arrival ofmost visa waiver nonimmigrants is documented by the INS on Form I-94W. At land ports-of-entry, Immigration and Customs Inspectors share the examination of U.S. citizens and theinspection of aliens. All license plates are queried in IBIS during primary inspection as are thenames of travelers referred for a secondary inspection.

Possible Enhanced Screening:(1) INS is currently reviewing six VWP countries and will provide recommendations regardingappropriate further action.(2) Enhance scrutiny for future additions to VWP.

OAG015-1100


39/46

c. Border Crossing CardsDescription: Mexican nationalsand lawful permanent residents of Canada may be

admitted to theUnited States without a valid passport and visa upon presentationof a valid"border crossing card" (BCC) to temporarily visit a location within 25 miles of the border (75miles to visit Tucson) for less than 72hours. The BCC may alsobe used as a visitor's visa whenpresented with a valid passport.

Estimate: Over 4 million new machine-readable cards have been issued to Mexicannationals and Canadian lawful permanent residents. After DOS finishes processing all those whohave requested new cards, it is likely that there will be about 5 million BCCholders. These BCCholders will make repeated entriesat the land border ports-of-entry.

Current Screening: BCCs are currently issued by the DOS after an interview anddatabase checks. As of October 1,2001, the only valid BCC is the new machine-readable cardthat contains biometric information (photographand fingerprint). The INS, however, does notcurrently possess the readers and only checks the photograph toverify that the person whopresents the card appears in the photograph.

Possible Enhanced Screening:(1) Require INS topurchase readers to electronically scan all BCCs. This will verify the identityof the BCC holder and couldbe used upon exit aswell to ensure that the individual departs.(2) Until readers are in place, expand the categories of aliens whose arrivals and departures arerecorded.IL ALIENS ALREADYPRESENT IN THE UNITED STATES

Even if wewere successful inpreventing the entry of all aliens intent on committingterrorist acts in the United States, we still have to deal with the risk posed by the millions ofaliens already in the country, aswell as by those who enter illegally (either over the border or byfraud). For the most part, the INS does not attempt to track down aliens who are out of status toremove them from the country. Directing INS to intensify its searches for people who are out ofstatus might result in the removal of some dangerous aliens, but only incidentally. There is littleor no reason to believe that aliens who are out of status are any more dangerous than aliens whoare legally present. Mostof the 19 hijackers, for example, were legally present. If we want to tryto identify dangerous aliens, we probably should not simply ask INS to try to find people who areout of status. Nevertheless, the immigration laws do contain several tools that could beimplemented to increase our security.

1. Registration and FingerprintingUnder section 263 of the Immigration and Nationality Act, the Attorney General is

empowered to "prescribe special regulations and forms for the registration and fingerprinting" of

OAG015-1101


40/46

any class of aliensnot lawful ly admitted to the United States for permanent residence. Under thecurrent regulations promulgated to implement this section, the fingerprinting and registrationrequirements are limited to arriving nonimmigrant aliens from specific countries as designated bythe Attorney General in the Federal Register. The most recent notice, published in 1998,prescribed the photographing and fingerprinting of arriving nonimmigrant aliens from Iran,Libya, Iraq, and Sudan. The statute,however, appears to permit the Attorney General to requirethe registration and fingerprinting of aliens who are already present in the United States. If wedecided it wouldbe beneficial, we could amend the regulations to allow for the registration andfingerprinting of specific groups of aliens already present.

2. Interviewing or Reporting RequirementsUnder section 214(a) of the Immigration and Nationality Act, the admission of all

nonimmigrant aliens to the United States "shall be for such time and under such conditions as theAttorney General may by regulations prescribe."The regulations currently promulgated undersection 214 provide inpart that a condition of a nonimmigrant's continued stay in the country "isthe full and truthful disclosure of all information requested by the Service." 8 CFR 214.1(f).Assuming that it ispermissible to impose conditions on the admission of nonimmigrants afterthey have entered, aliens could be required to submit to a detailed interview by the INS. Anyalien who refused to cooperate with the interview could have hisnonimmigrant status terminatedunder 8 CFR 214.1(f). If a person's status is terminated, he could immediately be placed inremoval proceedings under section 237(a)(l)(C)(i) of the Immigration Act Unless he wereentitled to some sort of immigration relief (for example asylum or protection under the TortureConvention), he could be deported.' Similarly, regulations could be issued pursuant to section214 requiring certain aliens to report regularly to the INS. Those who fail to comply could alsobe stripped of their nonimmigrant status andplaced into proceedings.

If information is developed, from an interview or otherwise, indicating that anonimmigrant alien poses a danger to the national security, the regulations already provide thathis nonimmigrant status may be terminated "pursuant to notification in the Federal Register,onthe basis of national security, diplomatic, or public safety reasons." 8 CFR214.1(d). ENS reportsthat this provision has never been used. Any attempt to use it would certainly be subjected tolegal challenge because it appears to permit the Attorney General to make any nonimmigrantremovable, without a hearing, by simply publishing a Federal Register notice. OLC has beenconsulted for their view of its legality.

4 A possible limitation on the use of this mechanismw as articulated by the Ninth Circuit in Romerov. INS. 39 F.3d977 (9* Cir. 1994), which held that the regulation exceeded the Attorney General's authority to the extent that itallowed removal based on the provision of false information that was immaterial to the alien's immigration status.

OAG015-1102


41/46

3. Identifying theGroup ofAliens To ScrutinizeThe legal tools therefore exist already for the Attorney General to order the INS toscrutinize and attempt to maintain control over aliens who are already present in the UnitedStates. In order to implement such controls, we would need to specify a group of aliens that

should be subjected to these conditions. That group could be defined by several variables,including country of origin, visa type, and other "commonalities" identified by the FBI.

10

O AG015-1103


42/46

TEMPORARY ENTRY PROGRAMSSections 101(a)(15) and 214(e) of the Immigration and Nationality A ct provide the legal authority for thetemporary entry programs currently in effect

ProgramdesignationA-l.A-2,A-3B-l.B-2WB.WT

C-1.C-2.C-3D-l.D-2E-l.E-2

F-l, F-2

G-l throughG-5H-1BH-1C

H-2AH-2BH-3IJ-l.J-2K-lK-2L-lJL-2

M-l, M-2N-l.N-2O-1.O-2.O-3

DescriptionAmbassadors, public Ministers and other personsaccredited by a foreign governmentandtheirimmediate family members and personal servantsVisitors for business and for pleasure.Visitors for business and pleasure who are nationalsof countries benefiting from the visa waiver program.Currently Mexico does not qualify for participation inthe visa waiver program.Aliens in transit through the United StatesAliens serving as crew on a vessel or aircraftAlien Traders and Investors based on a reciprocal,bilateral treaty. Under NAFTA, the US extendedrights to this program to citizens of Mexico.Academic or language students and their dependentfamily members. Part-time students, such as thosecommuting daily from Mexico to border states, do notqualify for this program.Official representatives of a foreigngovernment to aninternational organization (e.g., IMF, World Bank)Specialty occupation workers (professionals)Registered nurses

Agricultural workersOther, non-agricultural workersTraineesRe