P 2623022 APR 00 .

FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS PRIORITY
SPECIAL EMBASSY PROGRAM
ZEN/PRISTINA POUCH
BT
UNCLAS SECTION 01 OF 02 STATE 079086

VISAS - FOR COM'S.PO'S AND CONOFFS FROM CA A/S MARY A. RYAN

E.0.12958: N/A
TAGS: CVIS f
SUBJECT: INSTRUCTIONS FOR PROCESSING VISA APPLICATIONS FOR CASES WITH
POTENTIAL FOREIGN POLICY CONSEQUENCES

1. SUMMARY: POSTS ARE REMINDED OF THE NEED TO KEEP THE DEPARTMENT

(COUNTRY DESK AND VO) INFORMED OF PROPOSED VISA ACTIONS THAT MAY AFFECT
OUR RELATIONS WITH FOREIGN STATES OR OUR FOREIGN POLICY OBJECTIVES. NOT
ALL PERSONS OF SENSITIVE FOREIGN POLICY INTEREST ARE IN THE VISA LOOKOUT
SYSTEM, WHICH IS A COLLECTION OF NAMES OF PERSONS WHO HAVE BEEN FOUND
INELIGIBLE OR WHO THE USG HAS PREVIOUSLY PLACED IN THE SYSTEM SO THAT
THEIR APPLICATIONS WILL BE REFERRED TO WASHINGTON. THERE NECESSARILY ARE
OTHER PERSONS IN WHOM WASHINGTON MIGHT HAVE AN INTEREST IF IT WERE
AWARE OF THEIR PROPOSED TRAVEL. POSTS SHOULD BE ESPECIALLY ALERT TO
APPLICATIONS FROM PERSONS IMPLICATED IN HUMAN RK3HTS ABUSES. POSTS
SHOULD REMEMBER THE POSSIBILITY OF THE DEPARTMENT INVOKING THE FOREIGN
POLICY EXCLUSION, WHICH CAN BE USED TO DENY A VISA IF THE SECRETARY
DETERMINES THAT AN ALIEN'S ENTRY INTO THE UNITED STATES COULD HAVE
POTENTIALLY SERIOUS ADVERSE FOREIGN POLICY CONSEQUENCES FOR THE UNITED
STATES (SECTION 212(LITTLE A)(3)(C) OF THE INA). POSTS SHOULD NOT, HOWEVER,
ATTEMPT TO AVOID POTENTIAL POLICY PROBLEMS POSED BY VISA APPLICATIONS BY
SIMPLY NOT ACTING ON THEM. END SUMMARY.

2.1 RECENTLY PROVIDED GUIDANCE TO ALL BUREAUS IN THE DEPARTMENT ON HOW

TO HANDLE POLITICALLY SENSITIVE VISA CASES AND AM SHARING THAT GUIDANCE
WITH YOU SEPARATELY. HOWEVER, I PARTICULARLY WANT TO REMIND YOU OF THE
EXISTENCE OF INA SECTIONS 212(LITTLE A)(3)(C) AND 212(LITTLE F). UNDER SECTION
212(LITTLE A)(3)(C), THE SECRETARY CAN EXCLUDE AN ALIEN IF THERE ARE
REASONABLE GROUNDS TO BELIEVE THAT THE ALIEN'S ENTRY OR PROPOSED
ACTIVITIES WOULD HAVE "POTENTIALLY SERIOUS ADVERSE FOREIGN POLICY
CONSEQUENCES FOR THE UNITED STATES." IN SITUATIONS WHERE WE ENVISION A
NEED TO EXCLUDE A NUMBER OF SIMILAR KINDS OF PEOPLE FOR POLICY REASONS,
THE DEPARTMENT CAN ALSO SEEK A PRESIDENTIAL PROCLAMATION UNDER SECTION
212(LITTLE F). WHICH PROVIDES THAT THE PRESIDENT CAN DETERMINE, BY
PROCLAMATION, THAT THE ENTRY OF CERTAIN ALIENS IS DETRIMENTAL TO THE
INTERESTS OF THE UNITED STATES. PROCLAMATIONS ARE CURRENTLY IN EFFECT
FOR CERTAIN NATIONALS FROM ANGOLA, BOSNIA, BURMA, CUBA, THE FRY AND
SERBIA, SIERRA LEONE, AND SUDAN.

3. EVERY CONSULAR SECTION SHOULD CONTINUE TO WORK CAREFULLY WITH ALL

SECTIONS AT POST TO IDENTIFY THOSE INDIVIDUALS FOR WHOM APPLICATIONS FOR
ENTRY INTO THE UNITED STATES COULD RAISE SIGNIFICANT POLICY CONCERNS.

o THOSE CASES MUST BE SUBMITTED TO THE DEPARTMENT FOR AN ADVISORY OPINION

BEFORE A VISA IS ISSUED. POSTS MUST SUBMIT FRONT CHANNEL SAO OR AO CABLES
ON THESE CASES, OUTLINING WHY POST BELIEVES THE APPLICANT MAY BE ELIGIBLE
OR INELIGIBLE TO RECEIVE A VISA, AND ITS ASSESSMENT OF THE POLICY

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 CONSEQUENCES OF EITHER DECISION. IN TIME SENSITIVE SITUATIONS, POSTS SHALL
E-MAIL VO WITH A COPY OF THE CABLE OR PHONE VO WITH THE CABLE NUMBER.
REMINDER: A FRONT CHANNEL CABLE WITH A WIDE DISTRIBUTION PROVIDES NOTICE
TO ALL INTERESTED PARTIES OF THE EXISTENCE OF A VISA APPLICATION AND
ENSURES THE APPLICATION WILL BE PROPERLY REVIEWED. ALL REQUESTS FOR
GUIDANCE SHOULD COME VIA CABLE.

4. IF A POST WISHES TO RECOMMEND A DENIAL UNDER 3(C), IT SHOULD PROVIDE A

BRIEF, CLEAR STATEMENT OF THE FOREIGN POLICY INTEREST AT ISSUE AND HOW IT
MIGHT BE SERIOUSLY ADVERSELY AFFECTED IF THE APPLICANT WERE PERMITTED TO
TRAVEL TO THE US. REMEMBER THAT ALL FOREIGN POLICY DENIALS MUST BE
REPORTED TO CONGRESS WITH THE FACTUAL BASIS FOR DENIAL; PROVIDING DRAFT
LANGUAGE FOR SUCH A REPORT WILL BOTH HELP POST BY EXPLAINING ITS POINT OF
VIEW AND HELP THE DEPARTMENT ASSESS THE VIABILITY OF THE PROPOSED
APPROACH. ALL (3)(C) DECISIONS ARE MADE BY EITHER THE SECRETARY. THE
DEPUTY SECRETARY, OR THE UNDER SECRETARY FOR POLITICAL AFFAIRS; THE
DECIDING OFFICIAL APPROVES THE PROPOSED REPORT TO CONGRESS, GENERALLY
AT THE SAME TIME THAT THE (3)(C) FINDING IS MADE. POST SHOULD NOTE THAT,
UNLIKE MANY OTHER GROUNDS OF INELIGIBILITY, (3)(C) CAN BE APPLIED TO ALL A
AND G VISA APPLICANTS. (IN ADDITION, THE DEPARTMENT CAN DENY AN A-1 OR AN A-2
VISA ON A BASIS OF NON-ACCEPTANCE.) THE DEPARTMENT HAS NOT USED (3)(C) TO
DENY VISAS TO PERSONS ENTITLED TO TRAVEL TO THE UNITED NATIONS, HOWEVER,
AND IN GENERAL HAS USED IT SPARINGLY BECAUSE OF THE HIGH STATUTORY
STANDARD DELIBERATELY IMPOSED BY CONGRESS TO LIMIT ITS USE.

5. IN DECIDING WHAT CASES TO REFER TO THE DEPARTMENT, POSTS SHOULD ERR ON

THE SIDE OF REFERRING THE CASE. WE WOULD RATHER BE INFORMED IN ADVANCE
OF SEVERAL CASES REQUIRING NO DEPARTMENT ACTION THAN BE INFORMED AFTER
THE FACT IN A CASE THAT HAS ADVERSE CONSEQUENCES FOR AMERICAN FOREIGN
POLICY INTERESTS. PLEASE REMEMBER THAT A NEGATIVE CLASS LOOKOUT CHECK
ONLY MEANS AN INDIVIDUAL'S NAME HAS NOT BEEN ENTERED. IF OFFICERS ARE
AWARE OF ACTIVITIES THAT MIGHT MAKE AN APPLICANT INELIGIBLE OR
INAPPROPRIATE DESPITE THE LACK OF A CRIMINAL RECORD OR CONVICTION,
CONOFFS SHOULD BRING THESE CASES TO THE ATTENTION OF THE DEPARTMENT. BE
ESPECIALLY SENSITIVE TO ALL HUMAN RIGHTS ABUSES. INCLUDING ATTACKS ON
CIVILIANS AND ACTS OF TORTURE. AT A MINIMUM, POSTS SHOULD CONTACT VO/L/C
AND THE APPROPRIATE REGIONAL BUREAU'S DESK OFFICER. DEPENDING ON THE
CASE, POSTS MAY ALSO WISH TO NOTIFY OTHER FUNCTIONAL BUREAUS AS
APPROPRIATE.

MINIMIZECONSIDERED.

ALBRIGHT
BT
#9086

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