Justice

U.S. Department of Ji

Office of the Deputy Attorney General

Washington, D.C. 20530

October 3,2001

MEMORANDUM

TO: Dan Levin

Counsel to the Attorney General

"'David Ayres
Chief of Staff

FROM: Stuart Levey

Associate Deputy Attorney General

CC: David Lauftnan

SUBJECT: Presidential Proclamation Under Section 212(f) of the Immigration and

Nationality Act

Background

Congress has granted the President broad authority to deny entry to aliens based on the
national interest Under Section 212(f) of the Immigration and Nationality Act (INA), 8 U.S.C.
1182(f):

Whenever the President finds that the entry of any alien or of any class of aliens
into the United States would be detrimental to the interests of the United States,
he may by proclamation, and for such period as he shall deem necessary, suspend
entry of all aliens or any class of aliens as immigrants or nonimmigrants, or
impose on the entry of aliens any restrictions 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 entry
would not be contrary to the national interest). Once the Proclamation takes effect, the
Department of State stops issuing visas to individuals who fall within the scope of the
Proclamation, and the INS denies admission to those who seek entry (who may have visas that
were issued prior 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
knowledge, no President has invoked section 212(f) for all nationals of a particular country but
has 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 that

impede the transition to democracy (or who benefit from such policies) in Sierra
Leone, Burma, Nigeria, Liberia, Haiti and Zaire.
• Responsible for acts that threaten international stabilization efforts in the Western
Balkans Region, and those responsible for wartime atrocities.
• Responsible for the repression of the civilian population in Kosovo or for the
policies that obstruct democracy in the Federal Republic of Yugoslavia or
otherwise support the governments of the Federal Republic of Yugoslavia or the
Republic of Serbia.
• Who are foreign government or military officials of regimes opposed by the
United States, such as the UNTTA in Angola, Bosnian Serb forces, the
Government and Communist Party of Cuba, and officials of the Government of
Sudan and members of the Sudanese Armed Forces.

According to the Department of State, there are nine 212(f) proclamations currently in
effect against certain nationals of: Angola, Bosnia, Burma, Cuba, the Federal Republic of
Yugoslavia and Serbia, Liberia, Sierra Leone, Sudan and the Western Balkans. See examples at
Attachment 1.

Visa Issuance To Problem Countries

Between September 11 and September 30, the Department of State issued 4,751
nonimmigrant visas to nationals of countries of concern to the law enforcement and intelligence
agencies, as follows:

Afghanistan 27
Iran 1138
Iraq 181
Libya 33
Lebanon 973
Palestine 87 (presumably Arabs from the West Bank or Gaza)
Pakistan 1647
Sudan 123
Syria 533

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

OAG015-1056
Draft Proclamations

I 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 both
drafts. We consulted with the FBI and the INS in drafting Sections l(e) and (f). One major
difference between either draft and past Proclamations is that this Proclamation would cover all
nationals 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 North
Korea) and known or suspected members and representatives of all designated foreign terrorist
organizations. Draft B includes nationals of Afghanistan, Lebanon, Middle Eastern countries
designated as state sponsors of terrorism, and known or suspected members and representatives
of all Middle Eastern or Islamic designated foreign terrorist organizations. We should also
consider adding categories of individuals contained in Executive Order 13224, issued on
September 23, 2001, under the International Emergency Economic Powers Act (Attachment 3).

Under current immigration law, a person who is a member or representative of a

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

One other major difference between these drafts and past Proclamations is that, rather
than leaving it up to the Secretary of State to implement the Proclamation and determine who
should be covered, we have written in a role for the Attorney General at various stages:

• Section 2: The Attorney 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, in consultation with the Attorney General, determines which
nations planned, authorized, committed, or aided the terrorist attacks or harbored
organizations or persons who did so.
• Section 4: The Secretary or the Secretary's designee, in consultation with the Attorney
General, 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 into
the terrorist attacks and the need to prevent future attacks. This situation is distinguishable from
the Proclamations made for purely foreign policy reasons (see Attachment 1). Nevertheless, the
Department of State likely will oppose the role of the Attorney General.

OAG015-1057
Options

Both 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 that
are included in the drafts. The Attorney General might consider, however, suggesting a section
212(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 reporting
to the INS while in the United States, (c) fingerprinting and photographing upon entry,
and/or (d) posting of a bond.

OAG015-1058
 Presidential Proclamations
Presidential proclamations (generally referred to as
212f) are published in the Federal Register and arise
from a foreign policy decision to keep certain elements
in a given country from getting a visa. Proclamations
are rescinded or added depending on current
circumstances. Contact VO/L/C for further information.
The Presidential proclamations which currently affect
the issuance of United States visas are as follows:

ate of
reclamation
ill2 December 1997
5 October 1994
03 October 1996
04 October 1985
12 November 1999
10 October 2000
08 October 1997
22 November 1996
26 June 2001

ofl 10/2/01 10.26

OAG015-1059
Dres.Proc. No. 6958 Page 2
L996 WL 679644 (Pres.)
;Citeas:61FR60007)

Proclamation 6958

Suspension of Entry as Immigrants and Nonimmigrants of Persons Who Are Members

or Officials of the Sudanese Government or Armed Forces

November 22,1996

*60007 By the President of the United States of America

A Proclamation

In light of the refusal of the Government of Sudan to comply with United Nations Security Council
Resolution 1044 of January 31,1996, and in furtherance of United Nations Security Council Resolution
1054 of April 26,1996,1 have determined that it is in the foreign policy interests of the United States to
restrict the entry into the United States of aliens described in paragraph 3 of United Nations Security Council
Resolution 1054 and in section 1 of this proclamation.

NOW, THEREFORE, I, WILLIAM J. CLINTON, by the power vested in me as President by the Constitution
and laws of the United States of America, including sections 212(f) and 215 of the Immigration and
Nationality Act of 1952, as amended (8 U.S.C. 1182(f) and 1185), and section 301 of title 3, United States
Code, hereby find that the unrestricted immigrant and nonimmigrant entry into the United States of persons
described in section 1 of this proclamation would, except as provided for in section 2 of this proclamation,
be detrimental to the interests of the United States. I therefore, do proclaim that

Section 1. The entry into the United States as immigrants and nonimmigrants of members of the
Government of Sudan, officials of that Government, and members of the Sudanese armed forces, is hereby
suspended.

Sec. 2. Section 1 shall not apply with respect to any person otherwise covered by section 1 where 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 Secretary of State.

- Sec. 4. Nothing in this proclamation shall be construed to restrict the entry of Sudanese officials coming to
the United States on official business of the United Nations other than in a manner consistent with the
obligations of the United States to the United Nations.

Sec. 5. This proclamation is effective immediately and shall remain in effect until such time as the
Secretary of State determines that it is no longer necessary and should be terminated.

Sec. 6. The Secretary of State is hereby authorized to implement this proclamation pursuant to such
procedures as he may establish.

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

OAG015-1060
s.Proc.No.6958 Page 3
'6 WL 679644 (Pres.)
te as: 61 FR 60007)

JOOB IN WITNESS WHEREOF, I have hereunto set my hand this twenty-second day of November, in the
arof our Lord nineteen hundred and ninety-six, and of the Independence of the United States of America
3 two hundred and twenty-first.

WILLIAM J. CLINTON

•es. Proc. No. 6958, 61 FR 60007, 1996 WL 679644 (Pres.)

MD OF DOCUMENT

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

OAG015-1061
 [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, 1997
Suspension of Entry as Immigrants and Nonimmigrants of Persons Who Are
senior officials of the National Union for the Total Independence of
Angola ("UNITA11) and Adult Members of Their Immediate Families

By the President of the United States of America

A Proclamation
In light of the failure of the National Union for the Total Independence
of Angola ("UNITA") to comply with its obligations under the
'"Accordos de Paz,'' the Lusaka Protocol, and other components of the
peace process in Angola, and in furtherance of United Nations Security
Council Resolution 1127 of August 28, 1997, 1130 of September 29, 1997,
and 1135 of October 29, 1997, I have determined that it is in the
foreign policy interests of the

[[Page 185]]
United States to restrict the entry into
the United States of aliens described in section 1 of this proclamation.
HOW, THEREFORE, I, WILLIAM J. CLINTON, by the power vested in me as
President of the United States by the Constitution and the laws of the
United States of America, including sections 212(f) and 215 of the
Immigration 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 find
that the entry into the United States of aliens described in section 1
of this proclamation as immigrante or nonimmigrants would, except as
provided for in section 2 of this proclamation, be detrimental to the
interests of the United States. I do therefore proclaim that:
Section 1. The entry into the United States as immigrants and
nonimmigrants of senior officials of UNITA and adult members of their
immediate families, is hereby suspended.
Sec. 2. Section 1 shall not apply with respect to any person otherwise
covered by section 1 where the entry 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
Secretary of State.
Sec. 4. In identifying persons covered by section 2, the Secretary shall
consider whether a person otherwise covered by section 1 is an official
necessary for the full functioning of the Government of Unity and
National Reconciliation, the National Assembly, or the Joint Commission,
within the meaning of paragraph 4(a) of United Nations Security Council
Resolution 1127 of August 28, 1997.
Sec. 5. This proclamation is effective immediately and shall remain in
effect until such time as the Secretary of State determines that it is
no longer necessary and should be terminated.
Sec. 6. The Secretary of State is hereby authorized to implement this
proclamation pursuant to such procedures as the Secretary of State may
establish.
IN WITNESS WHEREOF, I have hereunto set my hand this twelfth day of
December, in the year of our Lord nineteen hundred and ninety-seven, and
of the Independence of the United States of America the two hundred and
twenty-second.
WILLIAM J. CLINTON

,of, 10/2/0110:26

OAG015-1062
 BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

IN LIGHT OF THE ACTIONS OF THE BOSNIAN SERB FORCES AND THE AUTHORITIES
IN THE TERRITORY THEY CONTROL; INCLUDING THEIR REFUSAL TO ACCEPT THE
PROPOSED TERRITORIAL SETTLEMENT OF THE CONFLICT IN THE REPUBLIC OF
BOSNIA AND HERZEGOVINA, AND OF UNITED NATIONS SECURITY COUNCIL
RESOLUTION 942 OF SEPTEMBER 23, 1994, I HAVE DETERMINED THAT IS IN THE
INTERESTS OF THE UNITED STATES TO RESTRICT THE ENTRY TO THE UNITED
STATES OF ALL ALIENS DESCRIBED IN PARAGRAPH 14 OF UNITED NATIONS
SECURITY COUNCIL RESOLUTION 942.

NOW, THEREFORE, I, WILLIAM J. CLINTON, PRESIDENT OF THE UNITED STATES,

ACTING UNDER THE AUTHORITY VESTED IN ME BY THE CONSTITUTION AND LAWS
OF THE UNITED STATES OF AMERICA, INCLUDING SECTIONS 212(F) AND 215 OF
THE IMMIGRATION AND NATIONALITY ACT OF 1952, AS AMENDED (8 U,S.C.
1182(F) AND 1185), AND SECTION 301 OF TITLE 3, UNITED STATES CODE, HEREBY
FIND THAT THE UNRESTRICTED IMMIGRANT AND NONIMMIGRANT ENTRY INTO THE
UNITED STATES OF ALIENS DESCRIBED IN SECTION 1 OF THIS PROCLAMATION
WOULD, EXCEPT AS PROVIDED FOR IN SECTION 2 OF THIS PROCLAMATION, BE
DETRIMENTAL TO THE INTERESTS OF THE UNITED STATES. I DO THEREFORE
PROCLAIM THAT:

SECTION 1. THE IMMIGRANT AND NONIMMIGRANT ENTRY INTO THE UNITED

STATES OF ALIENS DESCRIBED IN PARAGRAPH 14 OF UNITED NATIONS SECURITY
COUNCIL RESOLUTION 942 IS HEREBY SUSPENDED. THESE ALIENS ARE:

A) MEMBERS OF THE AUTHORITIES, INCLUDING LEGISLATIVE

AUTHORITIES, IN THOSE AREAS OF THE REPUBLIC OF BOSNIA AND HERZEGOVINA

UNDER THE CONTROL OF BOSNIAN SERB FORCES;

OFFICERS OF THE BOSNIAN SERB MILITARY AND PARAMILITARY FORCES; AND

THOSE ACTING ON BEHALF OF SUCH AUTHORITIES OR FORCES;

B) PERSONS FOUND, AFTER SEPTEMBER 23, 1994, TO HAVE PROVIDED FINANCIAL^' ,

MATERIAL, LOGISTICAL, MILITARY, OR OTHER TANGIBLE SUPPORT TO BOSNIANS =^I/vL;

sI2 10/2/0110:26.

OAG015-1063
 SERB FORCES IN VIOLATION OF RELEVANT UNITED NATIONS SECURITY COUNCIL
RESOLUTIONS;

C) PERSONS IN OR RESIDENT IN THOSE AREAS OF THE REPUBLIC OF BOSNIA

AND HERZEGOVINA UNDER THE CONTROL OF BOSNIAN SERB FORCES FOUND TO
HAVE VIOLATED OR CONTRIBUTED TO THE VIOLATION OF THE MEASURES SET OUT
IN UNITED NATIONS SECURITY COUNCIL RESOLUTION 820 OF APRIL 17, 1993,
AND UNITED NATIONS SECURITY COUNCIL RESOLUTION 942 OF SEPTEMBER 23,
1994.

SEC. 2. SECTION 1 SHALL NOT APPLY WITH RESPECT TO ANY ALIEN OTHERWISE
COVERED BY SECTION 1 WHERE THE ENTRY OF SUCH ALIEN IS IN THE INTERESTS
OF THE UNITED STATES, INCLUDING WHERE SUCH ENTRY HAS BEEN APPROVED AS
PRESCRIBED BY PARAGRAPH 14 OF UNITED NATIONS SECURITY COUNCIL
RESOLUTION 942.

SEC. 3. ALIENS COVERED BY SECTIONS 1 AND 2 SHALL B:E IDENTIFIED PURSUANT

TO PROCEDURES ESTABLISHED BY THE SECRETARY OF STATE, AS AUTHORIZED IN
SECTION 5 BELOW.

SEC. 4. THIS PROCLAMATION SHALL TAKE EFFECT AT 11:59P.M. EASTERN

DAYLIGHT TIME ON OCTOBER 25, 1994, AND SHALL REMAIN IN EFFECT UNTIL
SUCH TIME AS THE SECRETARY OF STATE DETERMINES THAT IS NO LONGER
NECESSARY AND SHOULD BE TERMINATED.

SEC. 5. THE-SECRETARY OF STATE SHALL HAVE RESPONSIBILITY TO IMPLEMENT

THIS PROCLAMATION PURSUANT TO PROCEDURES THAT THE SECRETARY MAY
ESTABLISH.

IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND THIS TWENTY-FIFTH

DAY OF OCTOBER, IN THE YEAR OF OUR LORD NINETEEN HUNDRED AND
NINETY-FOUR, AND OF THE INDEPENDENCE OF THE UNITED STATES OF AMERICA
THE TWO HUNDRED AND NINETEENTH.

WILLIAM J. CLINTON

'.of 2 10/2/0110:26

OAG015-1064
 [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 and

Nonimmigrants
of Persons Who Formulate or Implement Policies That
Are
Impeding the Transition to Democracy in Burma or Who
Benefit From Such Policies

By the President of the United States of America

A Proclamation

The current regime in Burma continues to detain

significant numbers of duly elected members of
parliament, National League for Democracy activists,
and other persons attempting to promote democratic
change in Burma. The regime has failed to enter into
serious dialogue with the democratic opposition and
representatives of the country's ethnic minorities, has
failed to move toward achieving national
reconciliation, and has failed to meet internationally
recognized standards of human rights.

In light of this continuing political repression, I

have determined that it is in the interests of the
United States to restrict the entrance into the United
States as immigrants and nonimmigrants of certain
Burmese nationals who formulate or implement policies
that impede Burma's transition to democracy or who
benefit from such policies, and the immediate families
of such persons.

NOW, THEREFORE, I, WILLIAM J. CLINTON, by the power

vested in me as President by the Constitution and the
laws of the United States of America, including
sections 212 (f) and 215 of the Immigration and
Nationality Act of 1952, ae amended (8 U.S.C. 1182 (f),
11B5), and section 301 of title 3, United States Code,
hereby find that the unrestricted immigrant and
nonimmigrant entry into the United States of persons
described in section 1 of this proclamation would,
except as provided for in section 2 or 3 of this
proclamation, be detrimental to the interests of the

of 2 10/2/01 10:26,

OAG015-1065
 United States. I therefore, do proclaim that:

Section 1. The entry into the United States as

immigrants and nonimmigrants of persons who formulate,
implement, or benefit from policies that impede Burma's
transition to democracy, and the immediate family
members of such persons, is hereby suspended.

Sec. 2. Section 1 shall not apply with respect to any

person otherwise covered by section 1 where the
Secretary of State determines that the entry of such
person would not be contrary to the interests of the
United States. Section 1 shall not apply to officials
assigned to Burmese missions in the United States or
working-level support staff and visitors who support
the work of Burmese missions in the United States.

Sec. 3. Persons covered by sections 1 and 2 shall be

identified pursuant to procedures established by the
Secretary of State, as authorized in section 6 below.

Sec. 4. Nothing in this proclamation shall be construed

to derogate from United States Government obligations
under applicable international agreements.

Sec. 5. This proclamation is effective immediately and

shall remain in effect until such time as the Secretary
of state determines that it is no longer necessary and
should be terminated.

[[Page 52234]]

Sec. 6. The Secretary of State shall have

responsibility to implement this proclamation pursuant
to procedures the Secretary may establish. The
Secretary of State may eubdelegate the authorities set
forth herein as he deems necessary and appropriate to
implement this proclamation.

Sec. 7. This proclamation may be repealed, in whole or

in part, at such time as the Secretary of State
determines that the Burmese regime has released
National League for Democracy members currently being
held for political offenses and other pro-democracy
activists, enters into genuine dialogue with the
democratic opposition, or makes significant progress
toward improving the human rights situation in the
country.

IN WITNESS WHEREOF, I have hereunto set my hand this

third day of October, in the year of our Lord nineteen
hundred and ninety-six, and of the Independence of the
United States of America the two hundred and twenty-
first.

(Presidential Sig.) cClintonl><:Clinton2>

[FR DOC. 96-25917

Filed 10-04-96; 8:45 am]
Billing code 3195-01-P

I of 2 10/2/0110:26

OAG015-1066
 Presidential Proclamation 5377
of October 4,1985

Suspension of Entry as Nonimmigrants by Officers of Employees of the

Government of Cuba or the Communist Party of Cuba

By the President of the United States of America

A Proclamation

In light of the current state of relations between the United States and Cuba, including
the May 20,1985, statement that the Government of Cuba had decided "to suspend all
types of procedures regarding the execution" of the December 14,1984, immigration
agreement between the United States and Cuba, thereby disrupting normal migration
procedures between the two countries, I have determined that it is in the interest of the
United States to impose certain restrictions on entry into the United States of officers
or employees of the Government of Cuba or the Communist Party of Cuba.

NOW, THEREFORE, I, RONALD REAGAN, by the authority vested in me as

President by the Constitution and laws of the United States of America, including
section 212(f) of the Immigration and Nationality Act of 1952, as amended [8 U.S.C.
1182(f)], having found that the unrestricted entry of officers or employees of the
Government of Cuba or the Communist Party of Cuba into the United States would,
except as provided in Section 2, be detrimental to the interests of the United States, do
proclaim that

Section 1. Entry of the following classes of Cuban nationals as nonimmigrants is

hereby suspended: [a] officers or employees of the Government of Cuba or the
Communist Party of Cuba holding diplomatic or official passports; and [b] individuals
who, notwithstanding the type of passport that they hold, are considered by the
Secretary of State or bis designee to be officers or employees of the Government of
Cuba or the Communist Party of Cuba.

Sec, 2. The suspension of entry as nonimmigrants set forth in Section 1 shall not apply
to officers or employees of the Government of Cuba or the Communist Party of Cuba:
[a] entering for the exclusive purpose of conducting official business at the Cuban
Interests Section in Washington; at the Cuban Mission to the United Nations in New
York when, in the judgement of the Secretary of State or his designee, entry for such
purpose is required by the United Nations Headquarters Agreement; [b] in the case of
experts on a mission of the United Nations; and in the case of individuals coming to
the United States on official United Nations business as representatives of
nongovernmental organizations when, in the judgement of the Secretary of State or his
designee, entry for such purpose is required by the United Nations Headquarters
Agreement; or [c] in such other cases or categories of cases as may be designated from
time 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
 of our Lord nineteen hundred and eighty-five, and of the Independence of the United
States of America the two hundred and tenth.

[signed] Ronald Reagan

TABLE OF CONTENTS

10/2/01 10:26
!of2

OAG015-1068
 [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 and

Nonimmigrants of Persons Responsible for Repression of
the Civilian Population in Kosovo or for Policies That
Obstruct Democracy in the Federal Republic of
Yugoslavia (Serbia and Montenegro) P^FRY 11 ) or
Otherwise Lend Support to the Current Governments of
the FRY and of the Republic of Serbia

By the President of the United States of America

A Proclamation

In light of the actions of President Slobodan Milosevic

and other officials of the Federal Republic of
Yugoslavia (Serbia and Montenegro) ("^FRY11) and the
Republic of Serbia against elements of the civilian
population of Kosovo, including actions within the
jurisdiction of the International Criminal Tribunal for
the former Yugoslavia; in light of actions being taken
by the Milosevic regime to obstruct democracy and to
suppress an independent media and freedom of the press
in the FRY, Serbia, Montenegro, and Kosovo; and in
light of the ongoing efforts of the Milosevic regime
and its supporters to thwart the economic sanctions
imposed by the United States and other countries
against the FRY, I have determined that it is in the
interests of the United States to suspend the entry
into the United States of certain officials of the FRY
Government and the Government of the Republic of Serbia
and of other persons who either act in support of such
officials' policies or who are closely associated with
such officials.

NOW, THEREFORE, I, WILLIAM J. CLINTON, by the powers

vested in me as President by the Constitution and the
laws of the United States of America, including section
212 (f) of the Immigration and Nationality Act of 1952,
as amended (8 U.S.C. 1182(f)), and section 301 of title
3, United States Code, hereby find that the
unrestricted immigrant and nonimmigrant entry into the
United states of persons described in section 1 of this
proclamation would, except as provided for in sections
2 through 4 of this proclamation, be detrimental to the
interests of the United States. I do therefore hereby
proclaim that:

of 3 10/2/0110:26;

OAG015-1069
 Section 1. The immigrant and nonimmigrant entry into
the United States of the following persons is hereby
suspended:
(a) Slobodan Milosevic and other persons who, as
senior FRY or Serbian officials or as members of the
FRY and/or Serbian military or paramilitary forces,
formulated, implemented, or carried out repressive
actions against the civilian population in Kosovo;
(b) Officials of the Government of the FRY or of
the Republic of Serbia and FRY nationals who formulate,
implement, or carry out policies obstructing or
suppressing freedom of speech or of the press in the
FRY, Serbia, Montenegro, or Kosovo, or who otherwise
are obstructing efforts to establish a peaceful and
stable democracy in these areas;
(c) Officials of the Government of the FRY or of
the Republic of Serbia and FRY nationals who,
individually or as officers or employees of business or
financial entities, engage in financial transactions
that materially support the Government of the FRY, the
Government of the Republic of Serbia, Slobodan
Milosevic, or members of the Milosevic regime; and
[[Page 62562]]
(d) Any spouse, minor child, close relative, or
close personal associate of any person described in
subsections (a) through (c) 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 the United States in light of the
objectives of this proclamation.
Sec. 2. Section 1 shall not apply with respect to any
person otherwise covered by section 1 where the entry
of such person would not be contrary to the interests
of the United States.
Sec. 3. Persons covered by sections 1 and 2 shall be
identified by the Secretary of State, or the
Secretary's designee, in the Secretary or the
Secretary's designee's sole discretion, pursuant to
such procedures as the Secretary may establish under
section 5 below.
Sec. 4. Hothing in this proclamation shall be construed
to derogate from United States Government obligations
under applicable international agreements.
Sec. 5. The Secretary of State shall have
responsibility to implement this proclamation pursuant
to procedures the Secretary may establish.
Sec. 6. This proclamation is effective immediately and
shall remain in effect, in whole or in part, until such
time as the Secretary of State determines that it is no
longer necessary and should be terminated, in whole or
in part.
IK WITNESS WHEREOF, I have hereunto set my hand this
twelfth day of November, in the year of our Lord
nineteen hundred and ninety-nine, and of the
Independence of the United States of America the two
hundred and twenty-fourth.

2 of 3 - 10/2/0110:26

OAG015-1070
 (Presidential Sig.) <ClintonlxClinton2>

[FR Doc. 99-30152

Filed 11-16-99; 8:45 am]
Billing code 3195-01-P

of 3 100/0110:26.

OAG015-1071
 Presidential Documents

2871
Federal Register

Vol. 62, No. 11

Friday, January 16, 1998

Title 3-

The President

Proclamation 7062 of January 14, 1998

Suspension of Entry as Immigrants and Non-immigrants of Persons Who

Are Members of the Military Junta in Sierra Leone and Members of Their
Families By the President of the United States of America

A Proclamation

In light of the refusal of the military junta in de facto control in Sierra

Leone to permit the return to power of the democratically elected government

of that country, and in furtherance of United Nations Security Council

Resolution 1132 of October 8, 1997,1 have determined that it is in the

foreign policy interests of the United States to suspend the entry into the

United States of aliens described in section 1 of this proclamation.

NOW, THEREFORE, I, WILLIAM J. CLINTON, by the power vested in me

as President of the United States by the Constitution and the laws of the

United States of America, including sections 212(f) and 215 of the Immigra-tion

and 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 in

section 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
 to the interests of the United States. I do therefore proclaim that:

Section 1. The entry into the United States as immigrants and nonimmigrants

of members of the military junta in Sierra Leone and members of their

families, is hereby suspended.

Sec. 2. Section 1 shall not apply with respect to any person otherwise

covered by section 1 where the entry of such person would not be contrary

to the interests of the United States.

Sec. 3. Persons covered by sections 1 and 2 shall be identified by the

Secretary of State.

Sec. 4. This proclamation is effective immediately and shall remain in

effect until such time as the Secretary of State determines that it is no

longer necessary and should be terminated.

Sec. 5. The Secretary of State is hereby authorized to implement this procla-mation

pursuant to such procedures as the Secretary of State may establish.

IN WITNESS WHEREOF, I have hereunto set my hand this fourteenth day

of January, in the year of our Lord nineteen hundred and ninety-eight,

and of the Independence of the United States of America the two hundred

and twenty-second.

ID
[FR Doc. 98-1346

Filed 1-15-98; 11:17 am]

Billing code 3195-01-P

•of 2 10/2/0110:2'

O AG015-1073
 DRAFT A Proclamation [No._

Suspension of Entry as Immigrants and Nonimmigrants of Certain

Persons Connected to the September 11,2001, Terrorist Attacks at the
World Trade Center, New York, New York, and the Pentagon
and Other Persons Connected to Terrorist States and Organizations

October _, 2001

By the President of the United States of America

A Proclamation

In light of the September 11,2001, terrorist attacks at the World Trade Center, New
York, New York, and the Pentagon, and the continuing and immediate threat of further attacks
on the United States, with respect to which 1 declared a national emergency hi Proclamation 7463
of September 14,2001, and in light of S.J. Res. 23, the Authorization for Use of Military Force, I
have determined that it is in the interests of the United States to suspend the entry into the United
States of America of persons suspected of providing material support to or harboring tine
individuals or organizations that carried out the terrorist attacks at the World Trade Center, New
York, New York, the Pentagon, and the hijacking of United Airlines Flight 93, of other persons
suspected of providing or having provided support to such persons or who are closely associating
with such persons, of nationals of Afghanistan, Lebanon and all countries designated as state
sponsors of terrorism, and of those associated with all designated foreign terrorist organizations.

NOW, THEREFORE, I, GEORGE W. BUSH, by the powers vested in me as President

by the Constitution and the laws of the United States of America, including section 212(f) of the
Immigration and Nationality Act of 1952, as amended (8 U.S.C. 1182(f)), and section 301 of title
3, United States Code, hereby find that the unrestricted immigrant and nonimmigrant entry into
the United States of persons described in section 1 of this proclamation would, except as
provided for in sections 2 through 5 of this proclamation, be detrimental to the interests of the
United States. I do therefore hereby proclaim that:

Section 1. The immigrant and nonimmigrant entry into the United States of the following
persons is hereby suspended:

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

OAG015-1074
 (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 groups
who are suspected of formulating, implementing, or carrying out the terrorist attacks at the World
Trade Center, New York, New York, the Pentagon, and the hijacking of United Airlines flight
93;

(c) Persons who are nationals of any nation that is determined, pursuant to section 2(a) of
S.J. Res. 23, to have planned, authorized, committed, or aided the terrorist attacks at the World
Trade Center, New York, New York, the Pentagon, and the hijacking of United Airlines flight
93;

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

(e) Persons who are nationals of Afghanistan, Cuba, Iran, Iraq, Lebanon, Libya, North
Korea, Sudan, or Syria;

(f) Persons who are or suspected of being members or representatives of organizations

that have been designated as foreign terrorist organizations under section 219 of the Immigration
and Nationality Act (8 U.S.C. 1189) or who support or who are suspected of supporting by any
means these designated foreign terrorist organizations;

and

(g) Any spouse, minor child, close relative, or close personal associate of any person
described 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 United
States in light of the objectives of this proclamation.

Sec. 2. Section I of this proclamation shall not apply with respect to any person
otherwise covered by section 1 where the Attorney General, in consultation with the Secretary of
State, determines that the entry of such person would not be contrary to the interests of the
United States.

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

OAG015-1075
 Sec. 4. Persons covered by section 1 shall be identified by the Secretary of State, or the
Secretary's designee, in consultation with the Attorney General, pursuant to such procedures as
the Secretary may establish.

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

Sec. 6. This proclamation is effective immediately and shall remain in effect, in whole or
in 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 the
year of our Lord two thousand one, and of the Independence of the United States of America the
two hundred and twenty-sixth.

GEORGE W. BUSH

OAG015-1076
 DRAFT B Proclamation [No.

Suspension of Entry as Immigrants and Nonimmigrants of Certain

Persons Connected to the September 11,2001, Terrorist Attacks at the
World Trade Center, New York, New York, and the Pentagon
and Other Persons Connected to Terrorist States and Organizations

October ,2001

By the President of the United States of America

A Proclamation

In light of the September 11,2001, terrorist attacks at the World Trade Center, New
York, New York, and the Pentagon, and the continuing and immediate threat of further attacks
on the United States, with respect to which I declared a national emergency in Proclamation 7463
of September 14,2001, and in light of S.J. Res. 23, the Authorization for Use of Military Force, I
have determined that it is in the interests of the United States to suspend the entry into the United
States of America of persons suspected of providing material support to or harboring the
individuals or organizations that carried out the terrorist attacks at the World Trade Center, New
York, New York, the Pentagon, and the hijacking of United Airlines Flight 93, of other persons
suspected of providing or having provided support to such persons or who are closely associating
with such persons, of nationals of Afghanistan, Lebanon and certain countries that are designated
as state sponsors of terrorism, and of those associated with certain designated foreign terrorist
organizations.

NOW, THEREFORE, I, GEORGE W. BUSH, by the powers vested in me as President

by the Constitution and the laws of the United States of America, including section 212(f) of the
Immigration and Nationality Act of 1952, as amended (8 U.S.C. 1182(f)), and section 301 of title
3, United States Code, hereby find that the unrestricted immigrant and nonimmigrant entry into
the United States of persons described in section 1 of this proclamation would, except as
provided for in sections 2 through 5 of this proclamation, be detrimental to the interests of the
United States. I do therefore hereby proclaim, that:

Section 1. The immigrant and nonimmigrant entry into the United States of the following
persons is hereby suspended:

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

OAG015-1077
 (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 groups
who are suspected of formulating, implementing, or carrying out the terrorist attacks at the World
Trade Center, New York, New York, the Pentagon, and the hijacking of United Airlines flight
93;

(c) Persons who are nationals of any nation that is determined, pursuant to section 2(a) of
S.J. Res. 23, to have planned, authorized, committed, or aided the terrorist attacks at the World
Trade Center, New York, New York, the Pentagon, and the hijacking of United Airlines flight
93;

(d) Persons who are nationals of any nation that is determined, pursuant to section 2(a) of
S J Res. 23, to have harbored an organization or person that planned, authorized, committed, or
aided the terrorist attacks at the World Trade Center, New York, New York, the Pentagon, and
the 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 of
the Immigration and Nationality Act (8 U.S.C. 1189) or who support or who are suspected of
supporting by any means these designated foreign terrorist organizations (including all names of
such 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 Liberation
Front-Abu Abbas Faction; Popular Front for the Liberation of Palestine; or Popular Front for the
Liberation of Palestine-General Command;

and
(g) Any spouse, minor child, close relative, or close personal associate of any person
described 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 the United
States in light of the objectives of this proclamation.

Sec. 2. Section 1 of this proclamation shall not apply with respect to any person
otherwise covered by section 1 where the Attorney General, in consultation with the Secretary of
State, determines that the entry of such person would not be contrary to the interests of the
United States.

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

OAG015-1078
organizations or persons who planned, authorized, committed, or aided the terrorist attacks at the
World Trade Center, New York, New York, the Pentagon, and the hijacking of United Airlines
Flight 93.

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

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

Sec. 6. This proclamation is effective immediately and shall remain in effect, in whole or
in 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 the
year of our Lord two thousand one, and of the Independence of the United States of America the
two hundred and twenty-sixth.

GEORGE W. BUSH

OAG015-1079
Exec. Order No. 13224 Page 2
1001 WL 1126562 (Prcs.)
(Cite as: 66 FR 49079)

Executive Order 13224

Blocking Property and Prohibiting Transactions With Persons Who Commit,

Threaten To Commit, or Support Terrorism

September 23,2001

*49079 By the authority vested in me as President by the Constitution and the laws of the United States of
America, 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.), section 5 of the United Nations Participation Act of
1945, as amended (22 U.S.C. 287cl (UNPA), and section 301 of title 3, United States Code, and in view of
United Nations Security Council Resolution (UNSCR) 1214 of December 8,1998, UNSCR 1267 of October
15,1999, UNSCR 1333 of December 19,2000, and the multilateral sanctions contained therein, and
UNSCR 1363 of July 30,2001, establishing a mechanism to monitor the implementation of UNSCR 1333,

I, GEORGE W. BUSH, President of the United States of America, find that grave acts of terrorism and
threats 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 1368 of
September 12,2001, and UNSCR 1269 of October 19,1999, and the continuing and immediate threat of
further attacks on United States nationals or the United States constitute an unusual and extraordinary
threat to the national security, foreign policy, and economy of the United States, and in furtherance of my
proclamation of September 14.2001, Declaration of National Emergency by Reason of Certain Terrorist
Attacks, hereby declare a national emergency to deal with that threat. I also find that because of the
pervasiveness and expansiveness of the financial foundation of foreign terrorists, financial sanctions may
be appropriate for those foreign persons that support or otherwise associate with these foreign terrorists. I
also find that a need exists for further consultation and cooperation with, and sharing of information by,
United States and foreign financial institutions as an additional tool to enable the United States to combat
the 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 in
regulations, 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 propert
and interests in property of the following persons that are in the United States or that hereafter come within
the United States, or that hereafter come within the possession or control of United States persons are
blocked:

(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 Treasui
and the Attorney General, to have committed, or to pose a significant risk of committing, acts of terrorism
that threaten the security of U.S. nationals or the national security, foreign policy, or economy of the United
Copr. © West 2001 No Claim to Orig. U.S. Govt Works

OAG015-1080
ec. Order No. 13224 Page 3
01 WL 1126562 (Pres.)
iteas:66FR49079)

jrtes;

c) persons determined by the Secretary of the Treasury, in consultation with the Secretary of 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 be subject to subsection 1 (b), 1 (c), or 1 (d)(i) of this
•tier; *49080

(d) except as provided in section 5 of this order and after such consultation, if any, with foreign authorities
s the Secretary of 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, in
onsultation with the Secretary of State and the Attorney General;

(i) to assist in, sponsor, or provide financial, material, or technological support for, or financial or other
ervices to or in support of, such acts of terrorism or those persons listed in the Annex to this order or
etermined to be subject to this order, or

(ii) to be otherwise associated with those persons listed in the Annex to this order or those persons
ietermined 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. 1702001 or provided in
egulations, orders, directives, or licenses that may be issued pursuant to this order, and notwithstanding
my contract entered into or any license or permit granted prior to the effective date:

(a) any transaction or dealing by United States persons or within the United States in property or interests
.1 property blocked pursuant to this order is prohibited, including but not limited to the making or receiving of
any contribution of funds, goods, or services to or for the benefit of those persons listed in the Annex to this
jrder or determined to be subject to this order,

(b) any transaction by any United States person or 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 is
jrohibited; and

(c) any conspiracy formed to violate 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" means a partnership, association, corporation, or other organization, group, or
subgroup;

(c) the term "United States person" means any United States citizen, permanent resident alien, entity
organized under the laws of the United States (including foreign branches), or any person in the United
States; and ,„-,..

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

OAG015-1081
ixec. Order No. 13224 Page 4
.001 WL 1126562 (Pres.)
Cite as: 66 FR 49079)

(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 government by intimidation or coercion; or

(C) to affect the conduct of a government by mass destruction, assassination, kidnapping, or

hostage-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 order would
seriously impair my ability to deal with the national emergency declared in this order, and would endanger
Armed Forces of the United States that are in a situation where imminent involvement in hostilities is clearly
indicated 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 and Export Enhancement Act of 2000
(title IX, Public Law 106-387) shall not affect the imposition or the continuation of the imposition of any
unilateral agricultural sanction or unilateral medical sanction on M9081 any person determined to be
subject to this order because imminent involvement of the Armed Forces of the United States in hostilities is
dearly indicated by the circumstances.

Sec. 5. With respect to those persons designated pursuant to subsection 1(d) of this order, the Secretary of
the Treasury, in the exercise of his discretion and 'm consultation with the Secretary of State and the
Attorney General, may take such other actions than the complete blocking of property or interests in
property as the President is authorized to take under IEEPA and UNPA if the Secretary of the Treasury, in
consultation with the Secretary of State and the Attorney General, deems such other actions to be
consistent with the national interests of the United States, considering such factors as he deems
appropriate.

Sec. 6. The Secretary of State, the Secretary of the Treasury, and other appropriate agencies shall make
all relevant efforts to cooperate and coordinate with other countries, including through technical assistance,
as well as bilateral and multilateral agreements and arrangements, to achieve the objectives of this order,
including the prevention and suppression of acts of terrorism, the denial of financing and financial services
to terrorists and terrorist organizations, and the sharing of intelligence about funding activities in support of
terrorism.

Sec. 7. The Secretary of the Treasury, in consultation with the Secretary of State and the Attorney General
is hereby authorized to take such actions, including the promulgation of rules and regulations, and to
employ all powers granted to the President by IEEPA and UNPA as may be necessary to carry out the
purposes of this order. The Secretary of the Treasury may redelegate any of these functions to other
officers and agencies of the United States Government All agencies of the United States Government are
hereby directed to take all appropriate measures within their authority to carry out the provisions of j&is , T ;

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

OAG015-1082
sc. Order No. 13224 Page 5
)1WL1126562 (Pres.)
iteas: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 or
jreafter under 31 C.F.R. chapter V, except as expressly terminated, modified, or suspended by or
jrsuant to this order.
;ec 9 Nothing contained in this order is intended to create, nor does it create, any right, benefit, or
ivllege, 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 who
irah't have a constitutional presence in the United States, I find that because of the ability to transfer funds
r assets instantaneously, prior notice to such persons of measures to be taken pursuant to this order would
snder these measures ineffectual. I therefore determine that for these measures to be effective in
ddressing the national emergency declared in this order, there need be no prior notice of a listing or
etermination made pursuant to this order.

Sec. 11. (a) This order is effective at 12:01 a.m. eastern daylight time on September 24, 2001. M9082

(b) This order shall be transmitted to the Congress and published in the Federal Register.

GEORGE W. BUSH

THE WHITE HOUSE,

September 23,2001.
TABULAR OR GRAPHIC MATERIAL SET FORTH AT THIS POINT IS NOT DISPLAYABLE
Exec. Order No. 13224,66 FR 49079,2001 WL 1126562 (Pres.)

END OF DOCUMENT

Copr. © West 2001 No GUim to Orig. U.S. GovL Works

OAG015-1083
 ANNEX

Al Qaida/lslamic Army

Abu Sayyaf Group

Armed Islamic Group (GIA)

Harakat ul-Mujahidin (HUM)

Al-Jihad (Egyptian Islamic Jihad)

Islamic Movement of Uzbekistan (IMU)

Asbat al-Ansar

Salafist Group for Call and Combat (GSPC)

Libyan Islamic Fighting Group

Al-Itihaad al-Islamiya (AIAI)

Islamic Army of Aden

Usama bin Laden

Muhammad Atif (aka, Subhi Abu Sitta,

Abu Hafs Al Masri)

Sayf al-Adl

Shaykh Sai'id (aka, Mustafa Muhammad Ahmad)

Abu Hafs the Mauritanian (aka, Mahfouz Quid al-Walid, Khalid Al-

Shanqiti)

Ibn Al-Shaykh al-Libi

Abu Zubaydah (aka, Zayn al-AbidIn Muhammad Husayn, Tariq)

Abd al-Hadi al-Iraqi (aka, Abu Abdallah)

Ayman al-Zawahiri

Thirwat Salah Shihata

Tariq Anwar al-Sayyid Ahmad (aka, FathI, Amr al-Fatih)

Muhammad Salah (aka, Nasr Fahml Nasr Hasanayn)

Makhtab Al-Khidamat/AI Kifah

Wafa JHumanitarian Organization

Al Rash id Trust

OAG015-1084
xutivt Order http://www.whitchousc.gov/newa'releases'200t/09^20010924-l.html

Mamoun Darkazanli Import-Export Company

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OAG015-1085
f I.

ARRIVALS IN THE UNITED STATES AND POSSIBILITIES

OF ENHANCED SCRUTINY

I. ALIENS OUTSIDE THE U.S.

A. INSPECTIONS PROCESS

More than 500 million people, both U.S. citizens and aliens, enter the U.S. each year. In
order to enter legally, an alien must arrive at a designated land, air or sea port-of-entry and be
inspected 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 responsible
for determining 'the nationality and identity of each applicant for admission. U.S. citizens are
examined to verify citizenship, although a passport is not required of a U.S. citizen who travels
to 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 to
use sensitive intelligence information relating to terrorists and criminals for visa issuance and
admissions. After signing a Memorandum of Understanding with DOS, a law enforcement or
intelligence agency may submit information (usually classified) to DOS for entry into the
TIPOFF system. DOS extracts the following information and provides them to INS and Customs
for entry in their LOOKOUT databases (NAILS for INS and TECS for Customs): name, date of
birth, country of origin, passport number, and code designator (type of case). The agency
supplying the information controls the use of the information.

When the alien arrives at an air or sea port-of-entry, the Immigration Inspector inspects
all aliens to determine admissibility. In addition, the U.S. Customs Service conducts selective
inspections and other Federal Inspection Services may also be present All travelers are queried
in the Interagency Border Inspection System (IBIS), which links to TIPOFF, during the primary
inspection. 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 primary
inspection as are the names of travelers referred for a secondary inspection. Immigration
Inspectors document the arrival of third country nationals, but generally not those of Canadian
and Mexican nationals (see sections I.B.5a. and c).

B. METHODS OF ARRIVAL AND DOCUMENT REQUIREMENTS

In general, an alien must be in possession of a valid, unexpired, nonimmigrant or

immigrant visa in addition to a passport The primary inspection of aliens is the same whether or
not they are subject to documentary requirements. If an inspector has doubts about the identity
and citizenship of a traveler or a traveler does not appear admissible to the United States, he will
be referred for a secondary inspection. If the traveler is required to present a valid passport, the
inspector confirms the identity of the traveler with me passport. If the traveler is not required,
and does not present a valid passport, the inspector must attempt to ascertain identity and

OAG015-1094
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, where an alien may be exempted, by statute or
regulation, from either or both of those requirements, as described below.

1. Nonimmigrant visas

Description: Nonimmigrant visas are issued to aliens for temporary stays in the United
States. The categories are described alphabetically (A through V) and correspond to particular
paragraphs of Sectionl01(aXl5)oftheINA. gee Attachment 1 for nonimmigrant visa
categories and descriptions. To qualify as a nonimmigrant, in addition to not being subject to any
of the grounds of inadmissibility, unless waived, the applicant must satisfy the requirements of
the classification requested For most categories, the applicant must establish that he or she
intends to depart from the U.S. after the period of authorized stay expires. Some nonimmigrant
visa classifications require that the applicant maintain a residence abroad that he or she has no
intention of abandoning. During the authorized period of stay in the United States, aliens in
certain nonimmigrant classes may request permission from the INS to change from one
nonimmigrant visa category to another. DOS may issue a single or multiple entry visa. INS
generally admits the nonimmigrant visitors for business or pleasure (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, the Department of State (DOS) issued more than 44
million nonimmigrant visas. Of these, 12.8 million were B visitors for business or pleasure, 10
million were F students, and 11 million were J exchange visitors. See Attachment 2. DOS
continues to issue visas to nationals of problem countries at roughly the same rate after
September 11 as it did before. See Attachment 3.

Current Screening: All visas are issued by DOS and the visa applicant must submit a
visa application, photograph, valid passport (with certain limited exceptions), and any required
supporting documentation. The applicant may apply through the mail or be required to be
interviewed in person by a consular 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 nationalities and those suspected of
being inadmissible on security-related grounds.1 For some cases, DOS conducts further
screening 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
J DOS has issued to all
Consular Officers specific instructions on how to handle visa applications by nationals of these countries, includbg
specific consultation requirements and questions for the applicant

OAG015-1095
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 the
Nonimmigrant Information System (NIIS). Currently, the INS does not know with certainty
whether any nonimmigrant departs the U.S. as required and does not track whether students or
other nonimmigrants are complying with terms of their visas. In recent years, Congress enacted
two provisions that would enhance the monitoring of nonimmigrants after arrival: the Data
Management Improvement Act (DMIA) requires the Attorney General to establish a task force of
government and nongovernment officials to study the requirements of an automated entry/exit
system and to implement such a system at some ports-of-entry in 2003,2 and the 1996
Immigration Act requires the implementation of a system to track foreign students (F, J and M
visa holders) in 2003.3

Possible Enhanced Screening/Enforcement:

(1) Direct DOS to restrict visa issuance to nationals of particular countries.
(2) Request that the President issue a 2I2(f) Proclamation.4
(3) Attach registration, reporting requirements, and other conditions to nonimmigrant visas (as
discussed 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 enforcement
agencies 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 complying
with 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 of multiple entry visas.
(9) Instruct INS to admit nonimmigrants for the minimum period of time requested and to deny
requests for extensions.

2 In April 2001, the INS sent to the Attorney General a recommendation regarding the task force composition. The
Office of the Attorney General determined that it would be appropriate to wait for Commissioner Ziglar's review of
the proposal. We have requested Commissioner Ziglar to submit his recommendation as soon as possible.

3The rule authorizing a collection of a $95 fee from each F, J and M visa applicant to fund this Student Exchange
Visitor Information System (SEVIS) is in the final stages of being drafted and will be sent to the Office of
Management and Budget in the near future.

* Under Section 212(f) of the Immigration and Nationality Act, "if the President finds that the entry of any alien or
of any class of aliens into the United States would be detrimental to the interests of the United States, he may by
proclamation, and for such period as he shall deem necessary, suspend entry of all aliens or any class of aliens as
immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate...".
The President may broadly describe a category of individuals to be covered by the Proclamation.

OAG015-1096
(10) Instruct INS to expedite DMIA entry/exit study and implementation of SEVIS foreign
student tracking system.

2. Immigrant Visas

Description: Immigrant visas are visas permitting lawful permanent residence in the
United States. There are three broad categories of immigrant visas and each category has an
annual numerical limitation: family-based (no limit for "immediate relatives" but a minimum
226,000 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 her
status to that of a permanent resident Applicants for family or employment-based immigrant
visas or adjustment of status must first have a visa petition approved by the INS for the allocation
of a visa number, and the Department of Labor must approve certifications from employers that
are required for most labor-based visas.

Estimates: hi FY 99, 646,568 aliens legally immigrated to the United States: 476,445
fiunily-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 of
status in the U.S.

Current Screening: Overseas, DOS conducts a personal interview and runs the person
through the DOS databases. For cases processed by INS in the United States, each applicant for
adjustment of status must submit photographs, fingerprints and biographic information to the
INS. The INS submits the fingerprints to the FBI for criminal history checks and the biographic
information to the CIA for other database checks. In 1999, due to the large backlog of
applications for adjustment of status and the length of time for the CIA to respond with the
results of the checks, the INS implemented a policy mat allowed aliens to be granted permanent
residence before the INS receives the CIA's response. This created problems in those cases
where the CIA possessed derogatory information about the applicant because the CIA's
responses are usually classified, and the INS cannot revoke permanent resident status based on
classified 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 of
status.

OAG015-1097
 3. Refugees

Description: 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 of
race, religion, nationality, membership in a particular social group, or political opinion. After
consultation with the Congress, the President determines the annual refugee limit based on
humanitarian concerns, the public interest, or an unforeseen emergency, and divides the overall
number among various regions of the world. DOS then determines the nationalities and criteria
for INS to conduct interviews.

Estimate: Between 70,000 and 99,000 refugees have been admitted to U.S. each year for
the 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 refugee
status. The INS examines each refugee to determine whether he or she is admissible, and DOS
runs limited database checks, but refugees are not fingerprinted. If approved, DOS then works
with international non-governmental organizations to find a sponsor who agrees to help resettle
the refugee in the U.S. Refugees are then admitted to the U.S. without visas and the Department
of Health and Human Services assists in their resettlement Any refugee may apply for
permanent residence after one year in the U.S.

Possible Enhanced Screening:

(1) Fingerprint and perform LOOKOUT queries on all refugee applicants.
(2) Require FBI and CIA concurrence for all approvals for nationals of countries of concern, such
as 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 and Nationality Act authorizes the
Attorney General to "parole" an alien on a case-by-case basis for "urgent humanitarian reasons or
significant public benefit" A grant of parole does not constitute a formal admission to the
United 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 decisions
are made bom locally in INS district offices and at INS Headquarters, which adjudicates
"significant public benefit" parole requests from law enforcement agencies and private
individuals. The INS may parole an alien for various reasons: for the alien to obtain medical
treatment; for the alien to cooperate with or be a defendant in a criminal investigation or
prosecution; or for me INS to defer the inspection to a later date because the inspector cannot
make a decision on admissibility (the individual is required to report to a designated INS district
office at a later date to complete the inspection).

OAG015-1098
 Estimate: In FY 99, nearly 264,000 aliens were paroled into the U.S. 196,000 of these
parole determinations were made at port-of-entry by the District Office. 9,600 additional
parolees were given parole for "deferred inspection."5

Current Screenine: Some categories of parolees go through a thorough interagency

vetting process and others do not. The INS should check available databases at the ports-of-entry
in making determinations at die local level, but the OIG audit indicates that some paroled aliens
had adverse criminal or immigration histories. Certain parole determinations made by INS
Headquarters go through a more thorough vetting process, such as those made at the request of a
law 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 the
opportunity 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 Exemptions

Certain other categories of aliens do not need visas, as described below.

a. Canadians and certain others

Description: 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 not
normally required for Canadian citizens, British subjects in Bermuda, and under specific
circumstances, Bahamian nationals or British subjects resident in Bahamas, Cayman Islands, and
Turks and Caicos Islands. Also, a visa is not required for certain British, French or Netherlands
nationals of Barbados, Grenada, Jamaica, Trinidad and Tobago, and the British Virgin Islands.

Estimates: INS estimates that, of the approximately 500 million annual entries in the
United States, 285 million are made at land border ports-of-entry. A significant percentage of
these entries are made by Canadians and Mexicans 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 that
nearly 11 percent of individuals paroled into the country for deferred inspection program foiled to appear for the
completion of their inspection. OIG estimates that about 10,000 inspections are deferred annually and that
adequate procedures were not in place to ensure that individuals who fail to appear are either brought in to complete
their inspections or are appropriately penalized for failing to do so. According to OIG, INS Inspectors had
identified more than SO percent of those who failed to appear as either having criminal records or immigration
violations at the time of entry.

OAG015-1099
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 Programs

Description: The Visa Waiver Program (VWP) enables citizens of participating countries
to travel to the U.S. for tourism or business for 90 days or less without obtaining a U.S. visa. The
VWP 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, San
Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, the United Kingdom and Uruguay.
The Guam Visa Waiver Program permits nationals of certain countries in the general area
surrounding Guam to visit Guam only for tourism or business for 15 days or less without
obtaining a U.S. visa. Under both programs, the alien must waive his right to hearing before an
immigration 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 all
aliens to determine admissibility. In addition, the U.S. Customs Service conducts selective
inspections and other Federal Inspection Services may also be present. All travelers are queried
in the Interagency Border Inspection System (IBIS) during the primary inspection. The arrival of
most 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 the
inspection of aliens. All license plates are queried in IBIS during primary inspection as are the
names of travelers referred for a secondary inspection.

Possible Enhanced Screening:

(1) INS is currently reviewing six VWP countries and will provide recommendations regarding
appropriate further action.
(2) Enhance scrutiny for future additions to VWP.

OAG015-1100
 c. Border Crossing Cards

Description: Mexican nationals and lawful permanent residents of Canada may be

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

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

Current Screening: BCCs are currently issued by the DOS after an interview and
database checks. As of October 1,2001, the only valid BCC is the new machine-readable card
that contains biometric information (photograph and fingerprint). The INS, however, does not
currently possess the readers and only checks the photograph to verify that the person who
presents the card appears in the photograph.

Possible Enhanced Screening:

(1) Require INS to purchase readers to electronically scan all BCCs. This will verify the identity
of the BCC holder and could be used upon exit as well to ensure that the individual departs.
(2) Until readers are in place, expand the categories of aliens whose arrivals and departures are
recorded.

IL ALIENS ALREADY PRESENT IN THE UNITED STATES

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

1. Registration and Fingerprinting

Under 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
any class of aliens not lawfully admitted to the United States for permanent residence. Under the
current regulations promulgated to implement this section, the fingerprinting and registration
requirements are limited to arriving nonimmigrant aliens from specific countries as designated by
the 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 require
the registration and fingerprinting of aliens who are already present in the United States. If we
decided it would be beneficial, we could amend the regulations to allow for the registration and
fingerprinting of specific groups of aliens already present.

2. Interviewing or Reporting Requirements

Under 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 the
Attorney General may by regulations prescribe." The regulations currently promulgated under
section 214 provide in part that a condition of a nonimmigrant's continued stay in the country "is
the full and truthful disclosure of all information requested by the Service." 8 CFR 214.1(f).
Assuming that it is permissible to impose conditions on the admission of nonimmigrants after
they have entered, aliens could be required to submit to a detailed interview by the INS. Any
alien who refused to cooperate with the interview could have his nonimmigrant status terminated
under 8 CFR 214.1(f). If a person's status is terminated, he could immediately be placed in
removal proceedings under section 237(a)(l)(C)(i) of the Immigration Act Unless he were
entitled to some sort of immigration relief (for example asylum or protection under the Torture
Convention), he could be deported.' Similarly, regulations could be issued pursuant to section
214 requiring certain aliens to report regularly to the INS. Those who fail to comply could also
be stripped of their nonimmigrant status and placed into proceedings.

If information is developed, from an interview or otherwise, indicating that a

nonimmigrant alien poses a danger to the national security, the regulations already provide that
his nonimmigrant status may be terminated "pursuant to notification in the Federal Register, on
the basis of national security, diplomatic, or public safety reasons." 8 CFR 214.1(d). ENS reports
that this provision has never been used. Any attempt to use it would certainly be subjected to
legal challenge because it appears to permit the Attorney General to make any nonimmigrant
removable, without a hearing, by simply publishing a Federal Register notice. OLC has been
consulted for their view of its legality.

4 A possible limitation on the use of this mechanism was articulated by the Ninth Circuit in Romero v. INS. 39 F.3d
977 (9* Cir. 1994), which held that the regulation exceeded the Attorney General's authority to the extent that it
allowed removal based on the provision of false information that was immaterial to the alien's immigration status.

OAG015-1102
 3. Identifying the Group of Aliens To Scrutinize

The legal tools therefore exist already for the Attorney General to order the INS to
scrutinize and attempt to maintain control over aliens who are already present in the United
States. 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
 •TEMPORARY ENTRY PROGRAMS

Sections 101(a)(15) and 214(e) of the Immigration and Nationality Act provide the legal authority for the
temporary entry programs currently in effect

Program Description Numerical Limitation Specified

designation by Law
A-l.A-2, Ambassadors, public Ministers and other persons None
A-3 accredited by a foreign government and their
immediate family members and personal servants
B-l.B-2 Visitors for business and for pleasure. None

WB.WT Visitors for business and pleasure who are nationals None
of countries benefiting from the visa waiver program.
Currently Mexico does not qualify for participation in
the visa waiver program.
C-1.C-2.C-3 Aliens in transit through the United States None
D-l.D-2 Aliens serving as crew on a vessel or aircraft None
E-l.E-2 Alien Traders and Investors based on a reciprocal, None
bilateral treaty. Under NAFTA, the US extended
rights to this program to citizens of Mexico.
F-l, F-2 Academic or language students and their dependent None
family members. Part-time students, such as those
commuting daily from Mexico to border states, do not
qualify for this program.
G-l through Official representatives of a foreign government to an None
G-5 international organization (e.g., IMF, World Bank)
H-1B Specialty occupation workers (professionals) 195,000 per year for FY 01-03
65,000 for FY 04
H-1C Registered nurses 500 per year.
Program will expire 4 years
following promulgation of
regulations. Program expiration
date is unknown at this time.
H-2A Agricultural workers None
H-2B Other, non-agricultural workers 66,000
H-3 Trainees None
I Representatives of a foreign media None
J-l.J-2 Participants in international exchange programs (e.g., None
Fullbright program)
K-l Alien Fiance(e) of a U.S. citizen None
K-2 Alien Spouse or dependent child of a U.S. citizen None
L-lJL-2 Intracoropany transferee (executive, manager or None
employee with specialized knowledge of an
international company) and dependent family
members.
M-l, M-2 Vocational students and dependent family members None
N-l.N-2 Parent (and the child of the parent) of an alien who is None
a special immigrant under INA §101(aX27XI).
O-1.O-2.O-3 Aliens of outstanding ability in sciences, arts, None
education, business, or athletics or extraordinary
achievement in motion pictures or television and
aliens providing essential support and dependent

OAG015-1104
 family members.
P-ltoP-4 Alien athletes and entertainers performing individually None
or as a group. Aliens providing essential support and
dependent family members.
Q-l Aliens employed in a program requiring international None
cultural exchange
Q-2.Q-3 Aliens participating in an Irish Peace Process cultural 4,000 per year limit on
and training program and their dependent family participation for 3 consecutive
members. years. Program is authorized until
October 1,2005.
R-l.R-2 Religious workers and dependent family members None
S-l Alien witness or informant in criminal matter and 200 per year
dependent family members.
S-2 Alien witness or informant in counter-terrorism matter 50 per year
and dependent family members.
T Alien victims of severe forms of trafficking and 5,000 per year
dependent family members
U Aliens suffering physical or mental abuse as a result 10,000 per year
of being a victim of criminal activity.
V The spouse or unmarried child of a lawful permanent None
resident of the U.S. who have been waiting 3 years or
more for an immigrant visa. Dependent children may
also qualify.
TN (trade A citizen of Canada or Mexico who qualifies in a 5,500 citizens of Mexico per year
NAFTA) • professional level occupation specified under until December 31, 2003 after
NAFTA. which no numerical limits apply.
NATO Officers and personnel of the armed services of None
nations of the North Atlantic Treaty Organization

OAG015-1105
 Fiscal Year 2000 Nonimmigrant Admissions
bv Class of Admission

Class of
Admission Total
Al-3 138,230
Bl-2 12,813,164
WB/T 10,007,746
Cl-3 228,806
El-2 168,214
Fl-2 10,696,718
Gl-5 97,555
H1A-C 356,170
H2A 33,292
H2B 51.462
H3 3,208
r 33,918
Jl-2- 11,048,461
KI 20,558
K2 3,113
Ll-2 426,763
Nl-7 14,133
O 381,543
Pl-4
Ql 2,447
Q2-3 280
Rl-2 19272
SI -2 Not reported
T Not app icable
U Not applicable
V Not applicable
TN 91,273
NATO 14,133

Source - OfBcfe of Statistics -US3NS

TT66I0E
RT

OAG015-1106
Nationals of Country NIV's issued 8/30 -9/10 NIV's issued 9/1 1-9/30
Afghanistan 48 27
Algeria 194 368
Bahrain 80 63
Djibouti 13 2
Egypt 1386 1544

iritrea 99 58
ran 1025 1247

raq 152 186

Jordan 990 700
KLuwait 309 135
Libya 31 37
Lebanon 913 995
Morocco 581 704
Oman 100 62
"Palestine" 128 93
Pakistan 2208 1726

Qatar 95 55
Saudi Arabia 1163 538
Somalia 49 75
Sudan 176 143
Syria 507 562
Tunisia 192 205
United Arab Emirates 391 97
Yemen 151 67
TOTAL 10,981 9,689

OAG015-1107
 DRAFT - FOR DISCUSSION ONLY

Summary of Recommendations

1. Increase controls over issuance of non-immigrant visas to problem countries. Allow

for CIA and FBI scrutiny of visa applications before issuance.

2. Impose reporting requirements on non-immigrant visas for problem countries,

especially for those on longer-term visas, such as students and exchange visitors.

3. Limit temporary visas to the amount of time that the person actually plans to be in the
United States.

4. Direct INS to discontinue the practice of "paroling" people into the country pending
the completion of the inspection process. Parole should not be available for nationals of certain
countries, except for compelling humanitarian reasons.

5. Reassess the participation of countries that have not maintained adequate control of
their passports, in the visa waiver program.

6. Purchase machine readers to electronically scan Border Crossing Cards used by

Canadian and Mexican nationals.

7. Require FBI and CIA concurrence before any immigrant visa application is granted.
Fingerprinting should be done at the time the visa application is filed.

8. Interview or otherwise scrutinize the nationals of certain countries who are already
present in the United States.

OAG015-1108