This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

79261 

Vol. 75, No. 243 

Monday, December 20, 2010 

FEDERAL LABOR RELATIONS 

AUTHORITY 

5 CFR Part 5901 

Supplemental Standards of Ethical 

Conduct for Employees of the Federal 

Labor Relations Authority 

AGENCY: Federal Labor Relations 

Authority. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: The Federal Labor Relations 

Authority (FLRA), with the concurrence 

of the Office of Government Ethics 

(OGE), intends to issue an interim 

regulation for employees of the FLRA 

that supplements the executive-branchwide Standards of Ethical Conduct 

(Standards) issued by OGE. The 

supplemental regulation: Establishes 

procedures for seeking prior approval 

for outside employment; prohibits 

certain outside employment; and 

requires employees who disqualify 

themselves from participation in 

particular matters for ethical reasons to 

notify their supervisors and the 

Designated Agency Ethics Official 

(DAEO) of that disqualification. 

DATES: This interim rule is effective 

January 19, 2011. Written comments 

must be received on or before February 

18, 2011. 

ADDRESSES: Mail or deliver comments to 

the Office of the Solicitor, Federal Labor 

Relations Authority, 1400 K Street, NW., 

Room 300, Washington, DC 20424. 

Comments may also be e-mailed to 

solmail@flra.gov. 

FOR FURTHER INFORMATION CONTACT: Rosa 

M. Koppel, Solicitor, at 

rkoppel@flra.gov, fax: (202) 343–1007. 

SUPPLEMENTARY INFORMATION: 

Background 

On August 7, 1992, OGE published 

the Standards of Ethical Conduct for 

Employees of the Executive Branch 

(Standards), which became effective on 

February 3, 1993. The Standards, as 

corrected and amended, are codified at 

5 CFR part 2635. The Standards set 

uniform ethical conduct standards 

applicable to all executive branch 

personnel. 

Section 2635.105 of the Standards 

authorizes agencies, with the 

concurrence of OGE, to publish agencyspecific supplemental regulations that 

are necessary to properly implement 

their respective ethics programs. The 

FLRA, with OGE’s concurrence, has 

determined that the following interim 

supplemental rule is necessary for 

successful implementation of its ethics 

program. 

Analysis of the Regulations 

Section 5901.101 General 

Section 5901.101 explains that the 

regulations in part 5901 apply to 

employees of the FLRA and supplement 

the OGE Standards. The section also 

includes cross-references to other 

issuances applicable to FLRA 

employees, including the regulations 

concerning executive branch financial 

disclosure, financial interests, and 

employee responsibilities and conduct, 

as well as implementing FLRA guidance 

and procedures issued in accordance 

with the OGE Standards. 

Section 5901.102 Prior Approval for 

Outside Employment 

In accordance with 5 CFR 2635.803, 

the FLRA has determined it is necessary 

for the purpose of administering its 

ethics program to require its employees 

to obtain approval before engaging in 

permissible outside employment or 

activities. This approval requirement 

will help to ensure that potential ethical 

problems are resolved before employees 

begin outside employment or activities 

that could involve a violation of 

applicable statutes and standards of 

conduct. 

Section 5901.102(a) provides that an 

FLRA employee, other than a special 

Government employee (i.e., employees 

expected to work no more than 130 days 

in any consecutive 365-day period), 

must obtain advance written approval 

from the DAEO or the Alternate DAEO 

before engaging in any outside 

employment, except to the extent that 

the FLRA DAEO or the Alternate DAEO 

has issued an instruction or manual, 

pursuant to section 5901.102(e), 

exempting an activity or class of 

activities from this requirement. 

Section 5901.102(b) defines outside 

employment to cover any form of nonFederal employment or business 

relationship involving the provision of 

personal services. It includes writing 

when done under an arrangement with 

another person or entity for production 

or publication of the written product. It 

does not, however, include participation 

in the activities of nonprofit charitable, 

religious, professional, social, fraternal, 

educational, recreational, public service, 

or civic organizations, unless such 

activities are for compensation other 

than reimbursement of expenses, or the 

organization’s activities are devoted 

substantially to matters relating to the 

employee’s official duties as defined in 

5 CFR 2635.807(a)(2)(i)(B) through (E) 

and the employee will serve as officer 

or director of the organization, or the 

activities will involve the provision of 

consultative or professional services. 

Consultative services means the 

provision of personal services by an 

employee, including the rendering of 

advice or consultation, which requires 

advanced knowledge in a field of 

science or learning customarily acquired 

by a course of specialized instruction 

and study in an institution of higher 

education, hospital, or similar facility. 

Professional services means the 

provision of personal services by an 

employee, including the rendering of 

advice or consultation, which involves 

application of the skills of a profession 

as defined in 5 CFR 2636.305(b)(1), or 

involves a fiduciary relationship as 

defined in 5 CFR 2636.305(b)(2). 

Section 5901.102(c) sets out the 

procedures for requesting prior approval 

to engage in outside employment 

initially, or within seven calendar days 

of a significant change in the nature or 

scope of the outside employment or the 

employee’s official position within the 

FLRA. It also sets out the standard to be 

applied by the DAEO or the Alternate 

DAEO in acting on requests for prior 

approval of outside employment as 

broadly defined by Sec. 5901.102(b). 

Approval shall be granted only upon a 

determination that the outside 

employment is not expected to involve 

conduct prohibited by statute or Federal 

regulation, including 5 CFR part 2635. 

Section 5901.102(d) prohibits FLRA 

employees other than special 

Government employees from advising or 


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79262 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Rules and Regulations 

preparing an individual or group in any 

matter relating to labor relations, or 

from engaging in any other outside 

employment that conflicts with official 

Government duties or responsibilities. 

However, consistent with Federal 

policy embodied in the exceptions to 

the representation bans contained in 18 

U.S.C. 203 (prohibition of compensation 

for representational services in a matter 

in which the United States is involved) 

and 205 (prohibition of representational 

services, with or without compensation, 

in a matter in which the United States 

is involved), nothing in the section 

precludes representation or advice that 

is: (1) Rendered, with or without 

compensation, and with the prior 

approval of the official responsible for 

the employee’s appointment, to 

specified relatives or to an estate for 

which an employee serves as a 

fiduciary; or (2) provided, without 

compensation, to an employee subject to 

disciplinary, loyalty, or other personnel 

administration proceedings. 

Section 5901.102(e) provides that the 

FLRA DAEO or the Alternate DAEO 

may issue instructions or manual 

issuances governing the submission of 

requests for approval of outside 

employment, which may exempt 

categories of employment from the prior 

approval requirement of this section 

based on a determination that 

employment within those categories 

would generally be approved and is not 

likely to involve conduct prohibited by 

statute or Federal regulation, including 

5 CFR part 2635. The instructions or 

issuances may include examples of 

outside employment that are 

permissible or impermissible consistent 

with this part and 5 CFR part 2635. 

Section 5901.103(a) requires an FLRA 

employee who disqualifies himself or 

herself from participation in a particular 

matter because of a financial interest to 

provide written notice of 

disqualification to his or her supervisor 

and the DAEO notwithstanding the 

guidance in 5 CFR 2635.402(c)(1) and 

(2). Under that guidance, 

disqualification can be accomplished 

without prior written notice. 

Section 5901.103(b) requires an FLRA 

employee who disqualifies himself or 

herself from participation in a particular 

matter to ensure impartiality to provide 

written notice of disqualification to his 

or her supervisor and the DAEO 

notwithstanding the guidance in 5 CFR 

2635.502(e)(1) and (2). Under that 

guidance, disqualification can be 

accomplished without prior written 

notice. 

Section 5901.103(c) requires an FLRA 

employee who disqualifies himself or 

herself from participation in a particular 

matter affecting prospective employers 

to provide written notice of 

disqualification to his or her supervisor 

and the DAEO notwithstanding the 

guidance in 5 CFR 2635.604(b) and (c). 

Section 5901.103(d) permits an FLRA 

employee to withdraw, in writing, 

notice under paragraphs (a), (b), or (c) of 

this section upon deciding that 

disqualification from participation in a 

particular matter is no longer required. 

Administrative Procedure Act 

Pursuant to 5 U.S.C. 553(b), the FLRA 

finds good cause exists for waiving the 

general notice of proposed rulemaking 

and opportunity for public comment as 

to this proposed rule. Notice and 

comment before the effective date are 

being waived because this rule concerns 

matters of agency organization, practice 

and procedure. However, written 

comments, which must be received by 

February 18, 2011 can be submitted 

regarding this interim rule; any such 

comments will be considered before this 

rule is adopted as final. 

Executive Orders 12866 and 12988 

Because this rule relates to FLRA 

personnel, it is exempt from the 

provisions of Executive Orders Nos. 

12866 and 12988. 

Regulatory Flexibility Act Certification 

Pursuant to section 605(b) of the 

Regulatory Flexibility Act, 5 U.S.C. 

605(b), the FLRA has determined that 

this regulation, as amended, will not 

have a significant economic impact on 

a substantial number of small entities. 

Paperwork Reduction Act of 1995 

The Paperwork Reduction Act, 44 

U.S.C. chapter 35, does not apply 

because this rulemaking does not 

contain information collection 

requirements subject to the approval of 

the Office of Management and Budget. 

Congressional Review Act 

The FLRA has determined that this 

rule is not a rule as defined in 5 U.S.C. 

804, and thus, does not require review 

by Congress. 

List of Subjects in 5 CFR Part 5901 

Conflict of interest, Government 

employees. 

■ Accordingly, for the reasons set forth 

in the preamble, the FLRA, with the 

concurrence of the OGE, is amending 

title 5 of the Code of Federal 

Regulations by adding a new chapter 

XLIX consisting of part 5901, to read as 

follows: 

CHAPTER XLIX—FEDERAL LABOR 

RELATIONS AUTHORITY 

PART 5901—SUPPLEMENTAL 

STANDARDS OF ETHICAL CONDUCT 

FOR EMPLOYEES OF THE FEDERAL 

LABOR RELATIONS AUTHORITY 

Sec. 

5901.101 General. 

5901.102 Prior approval for outside 

employment. 

5901.103 Procedure for accomplishing 

disqualification. 

Authority: 5 U.S.C. 7105; 5 U.S.C. App. 

(Ethics in Government Act of 1978); E.O. 

12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 

215, as modified by E.O. 12731, 55 FR 42547, 

3 CFR, 1990 Comp., p. 306; 5 CFR 2635.105, 

2635.803. 

§ 5901.101 General. 

(a) Applicability. In accordance with 

5 CFR 2635.105, and unless provided 

elsewhere in this part, these regulations 

apply to all employees of the Federal 

Labor Relations Authority (FLRA), 

including employees of the Federal 

Service Impasses Panel and the Office of 

the General Counsel, and supplement 

the Standards of Ethical Conduct for 

Employees of the Executive Branch 

(Standards) contained in 5 CFR part 

2635. 

(b) Cross-references. In addition to 5 

CFR part 2635 and this part, FLRA 

employees are required to comply with 

implementing guidance and procedures 

issued by the FLRA in accordance with 

5 CFR 2635.105(c). FLRA employees are 

also subject to the regulations 

concerning executive branch financial 

disclosure contained in 5 CFR part 

2634, the regulations concerning 

executive branch financial interests 

contained in 5 CFR part 2640, and the 

regulations concerning executive branch 

employee responsibilities and conduct 

contained in 5 CFR part 735. 

(c) Agency designees. The Designated 

Agency Ethics Official (DAEO) and the 

Alternate Designated Agency Ethics 

Official (Alternate DAEO) shall serve as 

the FLRA’s designees to make 

determinations, grant approvals, and 

take other actions under 5 CFR part 

2635 and this part. 

§ 5901.102 Prior approval for outside 

employment. 

(a) General requirement. Any FLRA 

employee, excluding all special 

Government employees (i.e., employees 

expected to work no more than 130 days 

in any 365-day period), shall obtain 

prior written approval from the DAEO 

or the Alternate DAEO before engaging 

in any outside employment, except to 

the extent that the DAEO or the 

Alternate DAEO has issued an 

instruction or manual pursuant to 


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Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Rules and Regulations 79263 

paragraph (e) of this section. 

Nonetheless, special Government 

employees remain subject to other 

statutory and regulatory provisions 

governing their outside activities, 

including 18 U.S.C. 203(c) and 205(c), 

as well as applicable provisions of 5 

CFR part 2635. 

(b) Definition of ‘‘employment.’’ (1) 

For the purposes of this section, 

‘‘employment’’ means any form of nonFederal employment or business 

relationship involving the provision of 

personal services by the employee for 

direct, indirect, or deferred 

compensation other than reimbursement 

of actual and necessary expenses. It also 

includes, irrespective of compensation, 

the following outside activities: 

(i) Providing personal services as a 

consultant or professional, including 

service as an expert witness or as an 

attorney; 

(ii) Providing personal services to a 

for-profit entity as an officer, director, 

employee, agent, attorney, consultant, 

contractor, general partner, trustee, 

teacher, or speaker; and 

(iii) Writing when done under an 

arrangement with another person for 

production or publication of the written 

product. 

(2) The definition does not include 

participation in the activities of a 

nonprofit charitable, religious, 

professional, social, fraternal, 

educational, recreational, public service 

or civic organization, unless: 

(i) The employee will receive 

compensation other than reimbursement 

of expenses; 

(ii) The organization’s activities are 

devoted substantially to matters relating 

to the employee’s official duties as 

defined in 5 CFR 2635.807(a)(2)(i)(B) 

through (E) and the employee will serve 

as officer or director of the organization; 

or 

(iii) The activities will involve the 

provision of consultative or professional 

services. Consultative services means 

the provision of personal services by an 

employee, including the rendering of 

advice or consultation, which requires 

advanced knowledge in a field of 

science or learning customarily acquired 

by a course of specialized instruction 

and study in an institution of higher 

education, hospital, or similar facility. 

Professional services means the 

provision of personal services by an 

employee, including the rendering of 

advice or consultation, which involves 

application of the skills of a profession 

as defined in 5 CFR 2636.305(b)(1) or 

involves a fiduciary relationship as 

defined in 5 CFR 2636.305(b)(2). 

(c) Procedure for requesting approval. 

(1) Requests for approval of outside 

employment shall be sent to either the 

DAEO or the Alternate DAEO through 

the employee’s normal supervisory 

channels and shall include the 

following information: 

(i) The name of the person, group, or 

organization for which the outside 

employment is proposed to be 

performed; 

(ii) The nature of the service to be 

performed and the position’s title, if 

any; 

(iii) The proposed hours of work (if 

regularly scheduled) and the 

approximate dates of employment; 

(iv) The employee’s explanation as to 

whether the proposed outside 

employment (including teaching, 

speaking, or writing) will implicate in 

any way information obtained as a 

result of the employee’s official Federal 

position; and 

(v) The employee’s explanation that 

no Federal property, resources, or 

facilities not available to the general 

public will be used in connection with 

the outside employment. 

(2) Upon a significant change in the 

nature or scope of the outside 

employment or in the employee’s 

official position within the FLRA, the 

employee must, within seven calendar 

days of the change, submit a revised 

request for approval. 

(3) The DAEO or the Alternate DAEO 

shall grant approval only on a 

determination that the outside 

employment is not expected to involve 

conduct prohibited by statute or Federal 

regulation, including part 2635 of this 

title, or paragraph (d) of this section. 

The DAEO or the Alternate DAEO will 

advise the employee, in writing, of the 

approval or denial of the request for 

outside employment and will maintain 

a record of the written request and 

determination. 

(d) Prohibited outside employment. 

(1) Employees shall not engage in: 

(i) Rendering legal advice regarding, 

or preparing an individual or group in 

any matter relating to, labor relations in 

either the private or public sector, 

outside the employee’s official duties. 

This prohibition shall not apply to a 

special Government employee unless he 

or she: 

(A) Has participated personally and 

substantially as a Government employee 

or special Government employee in the 

same matter; or 

(B) Has served with the FLRA 60 days 

or more during the immediately 

preceding period of 365 consecutive 

days; or 

(C) Any other outside employment 

that conflicts with the employee’s 

official Government duties or 

responsibilities. 

(2) Exceptions. Nothing in this 

paragraph (d) prevents an employee 

from: 

(i) Acting, with or without 

compensation, as an agent or attorney 

for, or otherwise representing, the 

employee’s parents, spouse, child, or 

any other person for whom, or for any 

estate for which, the employee is 

serving as guardian, executor, 

administrator, trustee, or other personal 

fiduciary to the extent permitted by 18 

U.S.C. 203(d) and 205(e), or from 

providing advice or counsel to such 

persons or estate; or 

(ii) Acting, without compensation, as 

an agent or attorney for, or otherwise 

representing, any person who is the 

subject of disciplinary, loyalty, or other 

personnel administration proceedings in 

connection with those proceedings, to 

the extent permitted by 18 U.S.C. 205. 

(e) DAEO’s and Alternate DAEO’s 

responsibilities. The FLRA DAEO or 

Alternate DAEO may issue instructions 

or manual issuances governing the 

submission of requests for approval of 

outside employment. The instructions 

or manual issuances may exempt 

categories of employment from the prior 

approval requirement of this section 

based on a determination that 

employment within those categories of 

employment would generally be 

approved and is not likely to involve 

conduct prohibited by statute or Federal 

regulation, including 5 CFR part 2635. 

The DAEO or Alternate DAEO may 

include in these instructions or 

issuances examples of outside 

employment that are permissible or 

impermissible consistent with this part 

and 5 CFR part 2635. 

§ 5901.103 Procedure for accomplishing 

disqualification. 

(a) Disqualifying financial interest. An 

FLRA employee who is required, in 

accordance with 5 CFR 2635.402(c), to 

disqualify himself or herself from 

participation in a particular matter to 

which he or she has been assigned shall, 

notwithstanding the guidance in 5 CFR 

2635.402(c)(1) and (2), provide written 

notice of disqualification to his or her 

supervisor and the DAEO upon 

determining that he or she will not 

participate in the matter. 

(b) Disqualification to ensure 

impartiality. An FLRA employee who is 

required, in accordance with 5 CFR 

2635.502(e), to disqualify himself or 

herself from participation in a particular 

matter involving specific parties to 

which he has been assigned shall, 

notwithstanding the guidance in 5 CFR 

2635.502(e)(1) and (2), provide written 


jlentini on DSKJ8SOYB1PROD with RULES
79264 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Rules and Regulations 

1 GAO, Commonwealth of the Northern Mariana 

Islands: Pending Legislation Would Apply U.S. 

Immigration Law to the CNMI with a Transition 

Period, GAO–08–466 (Washington, DC: Mar. 2008); 

GAO, U.S. Insular Areas: Economic, Fiscal, and 

Accountability Challenges, GAO–07–119 

(Washington, DC: Dec. 12, 2006); and GAO, 

Commonwealth of the Northern Mariana Islands: 

Serious Economic, Fiscal, and Accountability 

Challenges, GAO–07–746T (Washington, DC: Apr. 

19, 2007). 

notice of disqualification to his or her 

supervisor and the DAEO upon 

determining that he will not participate 

in the matter. 

(c) Disqualification from matters 

affecting prospective employers. An 

FLRA employee who is required, in 

accordance with 5 CFR 2635.604(a), to 

disqualify himself or herself from 

participation in a particular matter to 

which he has been assigned shall, 

notwithstanding the guidance in 5 CFR 

2635.604(b) and (c), provide written 

notice of disqualification to his or her 

supervisor and the DAEO upon 

determining that he will not participate 

in the matter. 

(d) Withdrawal of notification. An 

FLRA employee may withdraw written 

notice under paragraphs (a), (b), or (c) of 

this section upon deciding that 

disqualification from participation in 

the matter is no longer required. A 

withdrawal of notification shall be in 

writing and provided to the employee’s 

supervisor and the DAEO. 

Dated: December 10, 2010. 

Carol Waller Pope, 

Chairman, Federal Labor Relations Authority. 

Approved on this date: December 13, 2010. 

Robert I. Cusick, 

Director, Office of Government Ethics. 

[FR Doc. 2010–31874 Filed 12–17–10; 8:45 am] 

BILLING CODE 6727–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

8 CFR Parts 103, 214, and 274a 

[CIS No. 2758–08; DHS Docket No. USCIS– 

2008–0035] 

RIN 1615–AB75 

E–2 Nonimmigrant Status for Aliens in 

the Commonwealth of the Northern 

Mariana Islands With Long-Term 

Investor Status 

AGENCY: U.S. Citizenship and 

Immigration Services, DHS. 

ACTION: Final rule. 

SUMMARY: This final rule amends 

Department of Homeland Security 

(DHS) regulations governing E–2 

nonimmigrant treaty investors to 

establish procedures for classifying 

long-term investors in the 

Commonwealth of the Northern Mariana 

Islands (CNMI) as E–2 nonimmigrants. 

This final rule implements the CNMI 

nonimmigrant investor visa provisions 

of the Consolidated Natural Resources 

Act of 2008 extending the immigration 

laws of the United States to the CNMI. 

DATES: This rule is effective January 19, 

2011. 

FOR FURTHER INFORMATION CONTACT: 

Steven W. Viger, Office of Policy & 

Strategy, U.S. Citizenship and 

Immigration Services, Department of 

Homeland Security, 20 Massachusetts 

Avenue, NW., 2nd Floor, Washington, 

DC 20529–2140, telephone (202) 272– 

1470. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Commonwealth of the Northern 

Mariana Islands (CNMI) is a U.S. 

territory located in the western Pacific 

that has been subject to most U.S. laws 

for many years. However, the CNMI has 

administered its own immigration 

system under the terms of its 1976 

covenant with the United States. See A 

Joint Resolution to Approve the 

Covenant To Establish a Commonwealth 

of the Northern Mariana Islands in 

Political Union with the United States 

of America (the Covenant Act), Public 

Law 94–241, sec. 1, 90 Stat. 263, 48 

U.S.C. 1801 note (1976). On May 8, 

2008, President Bush signed into law 

the Consolidated Natural Resources Act 

of 2008 (CNRA). Public Law 110–229, 

122 Stat. 754 (2008). Title VII of the 

CNRA extends U.S. immigration laws to 

the CNMI with transition provisions 

unique to the CNMI. See 48 U.S.C. 1806; 

48 U.S.C.A. 1806 note. The stated 

purpose of the CNRA is to ensure 

effective border control procedures, to 

properly address national security and 

homeland security concerns by 

extending U.S. immigration law to the 

CNMI (phasing-out the CNMI’s 

nonresident contract worker program 

while minimizing to the greatest extent 

practicable the potential adverse 

economic and fiscal effects of that 

phase-out), to maximize the CNMI’s 

potential for future economic and 

business growth, and to assure workers 

are protected from the potential for 

abuse and exploitation. See sec. 701 of 

the CNRA, 48 U.S.C.A. 1806 note. 

Since 1978, the CNMI has admitted a 

substantial number of foreign workers 

from China, the Philippines, and other 

countries through an immigration 

system that provides a permit program 

for foreigners entering the CNMI, such 

as visitors, investors, and workers. In 

fact, foreign workers under this system 

represent a majority of the CNMI labor 

force. Such workers outnumber U.S. 

citizens and other local residents in 

private sector employment in the CNMI. 

Currently, the CNMI faces serious 

economic challenges, including the total 

collapse of the territory’s $1 billion a 

year garment industry and a substantial 

decline in its tourism industry.1 The 

result has been a decrease in the CNMI 

government budget from $217,964,866 

in 2005 to $132,565,000 in 2011. 

Title VII of the CNRA was to become 

effective approximately one year after 

the date of enactment, subject to certain 

transition provisions unique to the 

CNMI. On March 31, 2009, DHS 

announced that the Secretary of 

Homeland Security, in her discretion 

under the CNRA, had extended the 

effective date of the transition program 

from June 1, 2009 (the first day of the 

first full month commencing one year 

from the date of enactment of the 

CNRA) to November 28, 2009. DHS 

Press Release, ‘‘DHS Delays the 

Transition to Full Application of U.S. 

Immigration Laws in the 

Commonwealth of the Northern Mariana 

Islands’’ (Mar. 31, 2009), http:// 

www.dhs.gov/ynews/releases/ 

pr_1238533954343.shtm. The transition 

period concludes on December 31, 2014. 

The law also contains several CNMIspecific provisions affecting foreign 

workers and investors during the 

transition period. These temporary 

provisions are intended to provide for 

an orderly transition from the CNMI 

permit system to the Immigration and 

Nationality Act (INA) and to mitigate 

potential harm to the CNMI economy 

before these foreign workers and 

investors are required to obtain U.S. 

immigrant or nonimmigrant status. See 

sec. 701 of the CNRA, 48 U.S.C.A. 1806 

note; 48 U.S.C. 1806(c), (d). 

Among the CNMI-specific provisions 

applicable during the transition period 

is a provision authorizing the Secretary 

of Homeland Security to classify an 

alien foreign investor in the CNMI as a 

CNMI-only ‘‘E–2’’ nonimmigrant 

investor under section 101(a)(15)(E)(ii) 

of the INA, 8 U.S.C. 1101(a)(15)(E)(ii). 

48 U.S.C. 1806(c). This status is 

provided upon application of the alien, 

notwithstanding the treaty requirements 

otherwise applicable. Id. Eligible 

investors are those who: 

• Were admitted to the CNMI in longterm investor status under CNMI 

immigration law before the transition 

program effective date; 

• Have continuously maintained 

residence in the CNMI under long-term 

investor status; 


jlentini on DSKJ8SOYB1PROD with RULES