t5 b65 gao visa docs 5 of 6 fdr- 5-6-02 gao analysis re dubai post-9-11 procedures 827

8/14/2019 T5 B65 GAO Visa Docs 5 of 6 Fdr- 5-6-02 GAO Analysis Re Dubai Post-9-11 Procedures 827

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Prepared by: Gabrielle AndersonDate: 6/18/02Job Code: 320087Index: Type bundle index hereDOC Library: Type library name hereDOC Number: 151248DUBAI: Changes toProcedures Since 9/11

Record of AnalysisReviewed by: Type reviewer name hereReview Date: Type review date here

Analysis Title Dubai, UAE: Changes to Procedures Since 9/11Source Interviews conducted at the U.S. Consulate in Dubai, UAE

Richard Olson, Consul GeneralDonna Visocan, Consular ChiefBix Aliu, Vice ConsulDena Ayervais, Vice Consul (part-time)lisaRoyden,Vice Consul (part-time)Sona Pandya, FSN Consular Staff(Shane Christensen, Vice Consul,TO Y to Liberia)6 M ay 2002-8 May 2002

Analysis/Summary General Visa Processing(Visocan, Aliu, Olson) Prior to 9/11, Dubai utilized a drop-box system forall GCC nationals (including women and children) and any third countrynationals resident in the UAE who had been to the U.S. in the previousfive years. After 9/11, however, the drop-box system was eliminated, incoordination with AbuDhabi's consular section. Everyone must nowapply in person.(Visocan, Aliu) The volume of N T V applications in Dubai is currentlydown by 25-30% from what it was last year. However, the numbers arebeginning to pick up again. UAE nationals are reluctant to apply for visasbecause: 1)they do not want to be interviewed; 2) they believe that theU.S. is no longer granting student visas; 3) they are confused about thenew waiting periods; and 4) they are deterred bystrict security checks atU.S. airports, believing that they will be singled out for discrimination.(Visocan, Aliu) The applicant pool here is different than that in Abu Dhabiin that it is much more diverse. The Dubai consulate serves a very largeTCN population, seeing perhaps 50-60 different nationalities per month.The largest TCNpopulation consists of Indians and Pakistanis, followedby Egyptians, Jordanians, Yemenis, Filipinos, and Sir Lankans. Theconsulate also sees a significant number of Iranian applicants. Dubai isthe State Department's "window on Iran."(Aliu) Each day in the late afternoon, Ms. Visocan reviews the day'sissuances and refusals.Refusal Rates

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Prepared by: Gabrielle Anderson'Date: 6/18/02Job Code: 320087Index: TypeDOC Library: TypeDOC Number

(Documents, Visocan,Aliu) Dubai's refusal rate for all nationalities forthe period 1 January 2002 to 30 April2002 is approximately 47%. Therefusal rate for the same period in 2001was about 41%.(Documents, Visocan, Aliu) From January to April 2001, there were 975UAE nationals who applied for visas; they had a refusal rate of 1.5%. FromJanuary to April 2002, there were only approximately 265 UAE nationalswho applied for visas; they showed a refusal rate of 24%.Workload(Visocan, Aliu) There are approximately 180 visa applicants who areinterviewed each day. Mr.Aliu stated that the most he himself wouldinterview in one day is 75 applicants. The number varies depending onhow sticky the case is or if there are lots of Condors. However, Ms.Visocan noted that during the first two months of 2002, the Dubai consularofficers only had an average of 60-80 applicants coming in each day.CLASS(Visocan) Although the CLASS database is not perfect, it has improvedquite a bit as a result of the Department's efforts to clean up theinformation it contains. Previously, there had been many FN U entries(i.e., First Name Unknown) and many records had lacked date of birthinformation. Although the system is now better, CLASS still has difficultyrunning Arabic names, with the result that consular officers often tryrunning one name several different ways. However, consular officers herein Dubai have not seen the same phenomenon of altered place of birth (inthe passports of naturalized UAE citizens) as they have in Abu Dhabi.1(Olson) Mr. Olson reported that he has not gotten any feedback on the9/11 hyacker whose visa was issued in Dubai (Marwan al-Shehhi), i.e.,whether there was any derogatory information on him in CLASS. Theevents of 9/11highlighted CLASS as a line of defense and everyone hasbeen surprised at how little information is in the database.(Aliu) Mr.Aliu said that CLASS must be updated with a wide range ofinformation; otherwise, the information is worthless. It is difficult for theconsular officer to assess the applicants' documentation, e.g., passport,photos, travel history, without getting a bigger clue on the individual fromCLASS. Consular officers must also make sure that they areknowledgeable about what information is in CLASS, as this will help themassess the hits they get. On this note, Mr.Aliu was under the impressionthat in order for a CLASS entry to be considered a "hit," it had to be anexact match with the applicant.2

' The only problem resembling this that they have encountered in Dubai has to do with the ThreeIslands Dispute between the UAE and Iran. If an applicant's birthplace was a particular disputedlocation (Mogud) on one of these islands, Iranians list place of birth as Iran, while UAE nationals list itas UAE.2 On the morning of 5/8/02, with G AO observing, Mr. Aliu ran a CLASS check on an applicant. On erecord showed an entry with the same last name as the applicant, with the first namesbeing

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spared by: Gabrielle Anderson'Date: 6/18/02Job Code: 320087

Index: TypeDOC Library: TypeDOC Number:(Visocan, Aliu) CLASS is the first line of defense, but is only as good asthe information that is put into it. Consular officers do not start aninterview without conducting a CLASS namecheck. If the system happensto be down, then they will not conduct any interviews or else they willsimply refuse applicants. Consular officers are no longer allowed to issuevisas using the CLASS back-up system. However, there are few problemswith CLASS being down.(Ayervais) Ms.Ayervais primarily handles Lranian visa applicants. Hercomplaint centered on the fact that much of the information in CLASS onIranians is outdated. In March2000, the U.S. government relaxedsanctions against Iran in four major areas (including caviar, fruits andcarpets). Within the past year, the U.S. government has also relaxed someagricultural sanctions. Anyperson with a sanctions hit is entered inCLASS as a PSA and many P3A records have not been updated since therelaxing of sanctions. Ms. Ayervais felt that having to deal with suchoutdated sanctions hits prevented her from focusing as well on serioussecurity threats. In addition, there were many Iranian in the early 1990'swho were in the U.S. as diplomats or students. These persons are stillflagged in the CLASS system. When Ms. Ayervais reviews the record bycontacting INS,she may find that the file is closed but nobody updatedCLASS. In Ms. Ayervais' opinion, having to examine the reasons for thesehits detracts from her ability to do her job properly.

V(Ayervais, observation) Ms.Ayervais also noted that Iranians oftenbecome very upset and emotional when they are denied visas. She saidthat some Iranians will begin crying in front of her, while others will arguewith her. During our observation of interviews, we noticed Ms. Ayervaissimply walking away from the interview window, after explaining thedenial, and ignoring the applicant. The applicant would eventually leaveand Ms.Ayervais could return to the window and call up the nextapplicant for an interview"DS-157(Aliu) Mr. Abu noted that the DS-157 contains useful information forfilling out the Condor cable. Hesuggested, however, that the DS-157include a question on where and when the applicant had been issuedprevious U.S.visas and what their port of entry into the U.S. had been. Hehimself uses the DS-157 for the applicant's previous travel history.Condors & SAOs(Visocan, Aliu, Olson) Although Dubai is rigorously following the post-9/11 security procedures, consular officers do not feel that they cancomment on the utility of the new procedures for screening ou t terrorists.This is simply because Dubai hardly ever hears back from Washington onany of the Condors it sends in. Dubaihas only received one response,which came in recently. This was a "Visa 7,"telling them to place aholdon the visa application. Mr. Aliu said that, although the new proceduresMuhammed and Mohammed. No date of birth was given. Mr.Aliu felt that the applicant was not thesame person listed in CLASS because the biographical data was not exactly the same.

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repared by: Gabrielle AndersonDate: 6/18/02Job Code: 320087Index: TypeDOC Library: Type

DOC Number:are an added burden (applyingto those who would have been drop-boxcases prior to 9/11), he feels safer knowing that agencies in Washingtoncheck to make sure that it's safe to issue these visas. Mr.Olson echoedthis, saying that although they hear many complaints about the newsecurity requirements, e.g., from U.S. businessmen or U.S. medicalfacilities, the Dubai consulate believes that the procedures areworkableand worthwhile as long as Washington is following through at its end.(Aliu) Mr.Aliu stated that for those applicants with a "00" hit, he wouldnot send in an SAO since he was probably just going to refuse themanyway. Once he sees that the person has a "00" hit, Mr. Aliu said that hescreens that applicant harder. He would only send in an SAO on thatapplicant if he knew that Washington wanted information on him/her.(Olson, Visocan) Mr.Olson stated that more guidance from State wouldbe useful, especially in regard to Iranian applicants (who comprise 30% ofDubai's workload). Dubai would like to get more guidance on categoriesof people who we wouldn't want traveling at all. Ms. Visocan said that,while the technology alert list is a guide for dealing with persons engagedin sensitive issues, there are uncertainties over what should be consideredlegitimate travel to the U.S. For example, should Iranian applicantsengaged in atomic energy or biotechnology matters be brought to the U.S.to 'be on our side,' or should the Dubai consulate just refuse them on214(b) grounds?(Royden, Visocan, Pandya) For Iranian applicants, the Condor SAO hassuperseded the Eagle SAO. Dubai now writes Condor, rather than Eagle,on the SAOs it sends back to Washington. The only Eagles Dubai nowsends are for Iranian women.(Pandya) Ms. Pandya types up and sends out, with the consular officers'approval, the Condor cables and other SAOs. She noted that it generallytakes 6-8 weeks to get a response on a Donkey. Ms.Pandya will sendfollow-ups as needed to Washington for Donkeys that have not received aresponse. There have been only a few negative responses for Donkeys.(Cables, guidance form) Wecollected two Visa Donkeycables, dated 12November 2001 and 13March2002, which demonstrate that the Dubaiconsulate is sending in SAOs on persons who do not necessarily requireone, "due to heightened security concerns after September 11." Inaddition, we collected one form that contains guidance for overlappingsecurity procedures. Post wrote this up in an attempt to clarify theoverlapping pre- and post-9/11security requirements.3Visas Viper Committees(Zupan) The RSOnoted that it is easy for Dubai to hold Visas Vipermeetings because there are only 4 agencies that sit on it, namely, the RSO,

3 Example of guidance writtenby post: "Applicantsthat fall under guidelines for Visas Donkey andalso Condor, a Donkey Condorcable has to be sent, e.g.,for Visas Condorcases that have"00"CLASS hits or Iranian go vernment employees who are also Condor cases. Dept's response is requiredprior to issuance fo r Donkey Condor cases."



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/repared by: Gabrielle Anderson Index: TypeDate: 6/18/02 DOC Library: TypeJob Code: 320087 DOC Number:Consular, Political/Military and Navy Criminal Investigations. The DubaiVisas Viper Committee has not submitted a large number of entries.(Visocan, Olson) AlthoughDubai holds quarterly VisasViper meetings,theirs is not an especially active committee. Because there is no publiclyheld information for Dubai employees to access (e.g., through newspaperaccounts), they have very few names to feed into Visas Viper.(Zupan, Olson) In late 2001, around the time that Operation EnduringFreedom began, a UAE national sprayed machine-gun fire at the HardRock Cafe in Dubai. N o one was injured. Although the individualwasacting out for personal reasons, he chose the target because it wasAmerican. Both RSO Zupanand CG Olson mentioned this individual assomeone who had been a recent Visas Viper submission.Increased Use of 214(b)(Visocan, Aliu, Royden) Ms. Visocan stated that their interpretation of214(b) has not been expanded, but that it is simply being applied morecarefully now. Hence, there is a change in philosophy here, similar to theone in Abu Dhabi. In financial terms, most UAE nationals are verywealthy. If,however, the consular officer has reason to believe that anEmirati student will just wander around the U.S. or not take his studiesseriously, then he/she will reconsider the wisdom of granting that studenta visa. Also, there are a fewapplicants that come from the pooreremirates that may have known al-Qaeda cells. These applications receivegreater scrutiny. Ms. Roydenalso said that she has no problem withrefusing applicants on 214(b) grounds if she doesn't feel right about them.4She will find a reason to use 214(b) if she is uncomfortable about theapplicant. (Mr.Aliu expressed a similar opinion, namely, that you canalways find a reason to refuse under 214(b).) However, Ms.Roydenexpressed her opinion that she does not think that 214(b) will preventterrorists from coming into the U.S. and does not really know what would.In her opinion, the best way to keep out terrorists would be to integratethe databases of State, FBI, and CIA and use them instead of the presentCLASS database.(Visocan, Aliu) Ms. Visocan and Mr.Aliu stated that they do find thatsome applicants, who would have been issued visa through the drop-boxsystem prior to 9/11, are currently being denied visas. For example,before 9/11, an applicant would have been issued a visa if he had receiveda U.S. visa in the past; this is no longer the case. Now that they are closelyscrutinizing all applicants, they wonder why some of them would everhave been issued visas.5

' As an example, Ms. Royden said that she'd interviewed a young male Chinese applicant withachemical engineering degree. He generally met the visa criteria but she was uncertain about the caseand so denied him. In light of 9/11, she thinks this use of 214(b) is justified and understandable.s As an example, Ms.Visocan noted that her predecessor in the Consul position in Dubai had beenissuing visas to any applicantwho claimed to be coming to the U.S. to take the CP A exam.

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prepared by: Gabrielle Anderson Index: TypeDate: 6/18/02 DOC Library: TypeJob Code: 320087 DOCNumber:(Ayervais) Ms.Ayervais commented that because the population of Dubaiis so transient, traditional 214(b) concerns have always been predominant.As a result, refusal rates for third country nationals (visa UAE citizens)have remained relatively steady.(Visocan) Ms.Visocan stated that she is very supportive of the consularofficers on the line going with their gut instinct. Even if the applicant hasall the proper documentationand looks good onpaper, a consular officershould refuse the applicant if they don't feel right about them. Ms.Visocan stated that a consular officer must look at the totality of anapplicant's circumstances.(Visocan, Aliu) Mr.Aliu stated that he does not rely on the applicant'sdocuments duringthe interview. Hewants the applicant to answer thequestions verbally and will refuse to issue a visa if the applicant cannotproperly answer the questions during the interview.6 Mr.Aliu also statedthat sometimes something simply does not feel right during the interviewand, in that case, he will refuse the applicant under 214(b). Very rarely,hewill 221(g) the applicant, but only if it is a clear-cut case where medical orstudent documents are needed. Ms. Visocan also stressed that a consularofficer should not rely on the applicant's documentation.Increased Use of Discretion onReciprocity(Visocan, Aliu) Consularofficers in Dubai are careful about thereciprocity they grant to third country nationals. It is very rare for a thirdcountry national to obtain UAEcitizenship. Without a job, a TCN is notpermitted to reside in the UAE. Indian and Pakistanis, for example, mustleave the UAE at age 62,unless they have a sponsor. The childrenofTCNs cannot remain in the UAE past the age of 21without having asponsor. Given the difficulty in TCNs establishing permanent ties to theUAE, consular officers are reluctant to issue them visas that are valid for alonger period of time.(Aliu) Mr. Aliu stated that he does not agree that UAEnationals should begiven 10-yearmultiple entry visas, arguing that it isa privilege to come tothe U.S. Such a long period ofvalidity should not be automatic since a lotcan change in 10years. From the age of 5 up, Mr.Aliu evaluates eachperson individually. For example, Mr.Aliu said that hewould give a 15-year old, who was seeking to travel to the U.S. with hisparents,avisavalid for 3years at the most (rather than the maximum10year multipleentry visa), if he met all the other visa criteria. His reason for doing sowould be that granting a visa for full validity would allow this boy to travelto the U.S. until the age of 25; Mr.Aliu said that a lot can change in thatboy's life from the age of 15 to 25that would make him ineligible for a visaSimilarly, if a visa applicant meets all the criteria except for previoustravel, Mr. Aliu said that hemight issues him a 1-3year visa as asortof

6 As an example of this, M r. Aliu said that he will refuse an applicant w ho cannot tell him how muchmoney he has in his bank account.

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Prepared by: Gabrielle Anderson Index: TypeDate: 6/18/02 DOC Library: TypeJob Code: 320087 DOC Number:test Ifhereturns, hecan get avisa for longer validity the next time heapplies.
