Vol. 78 Wednesday, 

No. 215 November 6, 2013 

Part II 

Department of State 

22 CFR Part 41 

Visas: Regulatory Exception to Permit Compliance With the United Nations 

Headquarters Agreement and Other International Obligations and 

Clarification of the Definition of ‘‘Immediate Family’’ for Certain 

Nonimmigrant Visa Classifications; Final Rule 

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66814 Federal Register / Vol. 78, No. 215 / Wednesday, November 6, 2013 / Rules and Regulations 

DEPARTMENT OF STATE 

22 CFR Part 41 

[Public Notice 8511] 

RIN 1400–AD43 

Visas: Regulatory Exception to Permit 

Compliance With the United Nations 

Headquarters Agreement and Other 

International Obligations and 

Clarification of the Definition of 

‘‘Immediate Family’’ for Certain 

Nonimmigrant Visa Classifications 

AGENCY: Department of State. 

ACTION: Final rule. 

SUMMARY: This final rule creates a 

regulatory exception to visa restrictions 

under applicable laws providing for 

such an exception, in order to permit 

compliance with the Agreement 

between the United States and the 

United Nations Regarding the 

Headquarters of the United Nations 

(UNHQA), signed at Lake Success June 

26, 1947, entered into force November 

21, 1947, and other international 

obligations. This rule also clarifies that 

the Department of State’s definition of 

‘‘immediate family’’ for classifications 

and also applies to foreign government 

officials who may be admitted in 

immediate and continuous transit 

through the United States, and to all 

relevant NATO visa classifications 

under the Agreement on the Status of 

the North Atlantic Treaty Organization, 

National Representatives, and 

International Staff, signed at Ottawa, 

September 20, 1951, entered into force 

May 18 1954. 

DATES: This rule is effective November 

6, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Liu, Legislation and 

Regulations Division, Legal Affairs, 

Office of Visa Services, Bureau of 

Consular Affairs, Department of State, 

2401 E Street NW., Room L–603D, 

Washington, DC 20520–0106, (202) 663– 

1203, email (LiuJN@state.gov). 

SUPPLEMENTARY INFORMATION: 

Why is the Department promulgating 

this rule? 

This rule amends paragraph (d)(4) of 

22 CFR 41.21, by broadening the 

regulatory exception to visa restrictions 

under applicable laws providing for 

such an exception, in order to allow 

compliance with the UNQHA and other 

international obligations. Currently, 22 

CFR 41.21(d)(4) implements exceptions 

to the visa restrictions that are 

contained in the Tom Lantos Bloc 

Burmese JADE (Junta’s Anti-Democratic 

Efforts) Act of 2008 (Pub. L. 110–286), 

in order to permit the United States to 

comply with the UNHQA and other 

applicable international agreements, 

and to permit operation of the U.S. and 

Burmese diplomatic missions and other 

official U.S. business in Burma. Other 

statutory visa restrictions contain 

similar exceptions, which the regulation 

does not currently implement. For 

example, the Secretary of State is also 

authorized to prescribe regulations 

providing for exceptions to the visa 

restrictions to permit the United States 

to comply with the UNHQA and other 

applicable international obligations 

under Section 105(c) of the 

Comprehensive Iran Sanctions, 

Accountability, and Divestment Act of 

2010 (CISADA) (Pub. L. 111–195) and 

Executive Order 13553, and Section 

301(d) of the Iran Threat Reduction and 

Syria Human Rights Act of 2012 (ITRA) 

(Pub. L. 112–158) and Presidential 

Memorandum of October 9, 2012, 78 FR 

21183 (Apr. 19, 2013). This rule amends 

22 CFR 41.21(d) to implement 

exceptions to the visa restrictions 

contained in such legislation, to allow 

the United States to comply with 

UNHQA and other applicable 

international obligations. The term 

‘‘international obligations’’ includes 

‘‘international agreements,’’ and is used 

to cover the scope of exceptions 

authorized by ITRA and CISADA. This 

final rule retains the exception 

authorized by the JADE Act to permit 

operation of the U.S. and Burmese 

missions and other official U.S. business 

in Burma. 

Additionally, this rule amends 22 

CFR 41.21(a)(3) to clarify that, under the 

Agreement on the Status of the North 

Atlantic Treaty Organization, National 

Representatives, and International Staff, 

the definition of ‘‘immediate family’’ 

used for the classifications in INA 

101(a)(15)(A) and 101(a)(15)(G) also 

applies to classifications under all the 

NATO visa symbols, where applicable. 

Similarly, this rule adopts the same 

definition of ‘‘immediate family’’ for 

purposes of INA 212(d)(8), which 

permits the admission of officials of 

foreign governments and their 

immediate families who are in 

immediate and continuous transit 

through the United States without 

regard to certain provisions of the INA. 

Regulatory Findings 

A. Administrative Procedure Act 

The Department is publishing this 

rule as a final rule based on its 

determination that this regulation 

involves a foreign affairs function of the 

United States and, therefore, in 

accordance with 5 U.S.C. 553(a)(1), is 

not subject to the rule making 

procedures set forth at 5 U.S.C. 553. 

B. Regulatory Flexibility Act/Executive 

Order 13272: Small Business 

Because this final rule is exempt from 

notice and comment rulemaking under 

5 U.S.C. 553, it is exempt from the 

regulatory flexibility analysis 

requirements set forth at sections 603 

and 604 of the Regulatory Flexibility 

Act (5 U.S.C. 603 and 604). Nonetheless, 

consistent with section 605(b) of the 

Regulatory Flexibility Act (5 U.S.C. 

605(b)), the Department certifies that 

this rule will not have a significant 

economic impact on a substantial 

number of small entities. This rule 

regulates individual aliens applying for 

visas under INA § 101(A)(15) and does 

not affect any small entities, as defined 

in 5 U.S.C. 601(6). 

C. The Unfunded Mandates Reform Act 

of 1995 

Section 202 of the Unfunded 

Mandates Reform Act of 1995 (Pub. L. 

104–4, 109 Stat. 48, codified at 2 U.S.C. 

1532) generally requires agencies to 

prepare a statement before proposing 

any rule that may result in an annual 

expenditure of $100 million or more by 

State, local, or tribal governments, or by 

the private sector. This rule will not 

result in any such expenditure, nor will 

it significantly or uniquely affect small 

governments. 

D. Small Business Regulatory 

Enforcement Fairness Act of 1996 

This rule is not a major rule as 

defined by 5 U.S.C. 804, for purposes of 

congressional review of agency 

rulemaking under the Small Business 

Regulatory Enforcement Fairness Act of 

1996 (Pub. L. 104–121). This rule will 

not result in an annual effect on the 

economy of $100 million or more; a 

major increase in costs or prices; or 

adverse effects on competition, 

employment, investment, productivity, 

innovation, or the ability of United 

States-based companies to compete with 

foreign-based companies in domestic 

and import markets. 

E. Executive Order 12866 

The Department has reviewed this 

proposed rule to ensure its consistency 

with the regulatory philosophy and 

principles set forth in Executive Order 

12866 and has determined that the 

benefits of this final regulation outweigh 

its costs. The Department does not 

consider this final rule to be an 

economically significant action within 

the scope of section 3(f)(1) of the 

Executive Order since it is not likely to 

have an annual effect on the economy 

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Federal Register / Vol. 78, No. 215 / Wednesday, November 6, 2013 / Rules and Regulations 66815 

of $100 million or more or adversely 

affect in a material way the economy, a 

sector of the economy, competition, 

jobs, the environment, public health or 

safety, or State, local or tribal 

governments or communities. 

F. Executive Order 13563: Improving 

Regulation and Regulatory Review 

The Department has considered this 

rule in light of Executive Order 13563 

and affirms that this regulation is 

consistent with the guidance therein. 

G. Executive Orders 12372 and 13132: 

Federalism 

This regulation will not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or the 

distribution of power and 

responsibilities among the various 

levels of government. The rule will not 

have federalism implications warranting 

the application of Executive Orders No. 

12372 and No. 13132. 

H. Executive Order 12988: Civil Justice 

Reform 

The Department has reviewed the 

regulations in light of sections 3(a) and 

3(b)(2) of Executive Order No. 12988 to 

eliminate ambiguity, minimize 

litigation, establish clear legal 

standards, and reduce burden. 

I. Executive Order 13175 

The Department has determined that 

this rulemaking will not have tribal 

implications, will not impose 

substantial direct compliance costs on 

Indian tribal governments, and will not 

pre-empt tribal law. Accordingly, the 

requirements of Executive Order 13175 

do not apply to this rulemaking. 

J. Paperwork Reduction Act 

This rule does not impose new 

information collection requirements 

under the provisions of the Paperwork 

Reduction Act, 44 U.S.C. Chapter 35. 

List of Subjects in 22 CFR Part 41 

Documentation of nonimmigrants. 

Accordingly, for the reasons set forth 

in the preamble, the 22 CFR part 41 is 

amended as follows: 

PART 41—[AMENDED] 

■ 1. The authority citation for Part 41 

continues to read as follows: 

Authority: 8 U.S.C. 1104. 

■ 2. In § 41.21, paragraphs (a)(3) and 

(d)(4) are revised to read as follows: 

§ 41.21 Foreign Officials—General. 

(a) * * * 

(3) Immediate family, as used in INA 

101(a)(15)(A), 101(a)(15)(G), and 

212(d)(8), and in classification under 

the NATO visa symbols, means the 

spouse and unmarried sons and 

daughters, whether by blood or 

adoption, who are not members of some 

other household, and who will reside 

regularly in the household of the 

principal alien. ‘‘Immediate family’’ also 

includes individuals who: 

(i) Are not members of some other 

household; 

(ii) Will reside regularly in the 

household of the principal alien; 

(iii) Are recognized as immediate 

family members of the principal alien 

by the sending Government as 

demonstrated by eligibility for rights 

and benefits, such as the issuance of a 

diplomatic or official passport, or travel 

or other allowances; and 

(iv) Are individually authorized by 

the Department. 

* * * * * 

(d) * * * 

(4) Notwithstanding the visa 

restrictions imposed by applicable laws 

and consistent with a provision in such 

laws providing for a regulatory 

exception to the visa restrictions 

contained therein, a visa may be issued 

to a visa applicant who is otherwise 

ineligible for a visa under such laws: 

(i) To permit the United States to 

comply with the United Nations 

Headquarters Agreement and other 

applicable international obligations; and 

(ii) To permit the United States and 

Burma to operate their diplomatic 

missions, and to permit the United 

States to conduct other official United 

States Government business in Burma. 

* * * * * 

Dated: September 26, 2013. 

Janice L. Jacobs, 

Assistant Secretary for Consular Affairs, 

Department of State. 

[FR Doc. 2013–26590 Filed 11–5–13; 8:45 am] 

BILLING CODE 4710–06–P 

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