[Federal Register Volume 61, Number 131 (Monday, July 8, 1996)]
[Rules and Regulations]
[Pages 35598-35600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16624]


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DEPARTMENT OF JUSTICE
8 CFR Part 217

[INS No. 1777-96]
RIN 1115-AB93


Adding Argentina to the List of Countries Authorized to 
Participate in the Visa Waiver Pilot Program

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Interim rule with request for comments.

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SUMMARY: This rule amends the Immigration and Naturalization Service 
(``Service'') regulations by adding Argentina to the list of countries 
designated to participate in the Visa Waiver Pilot Program (VWPP), 
thereby permitting nationals of Argentina to apply for admission to the 
United States for ninety (90) days or less as nonimmigrant visitors for 
business or pleasure without first obtaining a nonimmigrant visa. This 
action will facilitate travel to the United States and benefit United 
States businesses.

EFFECTIVE DATES: July 8, 1996. Written comments must be submitted on or 
before September 6, 1996.

ADDRESSES: Please submit written comments, in triplicate, to the 
Director, Policy Directives and Instructions Branch, Immigration and 
Naturalization Service, 425 I Street, NW., Room 5307, Washington, DC 
20536.
    To ensure proper handling please reference INS number 1777-96 on 
your correspondence. Comments are available for public inspection at 
the above address by calling (202) 514-3048 to arrange for an 
appointment.

FOR FURTHER INFORMATION CONTACT:
Tom Graber, Assistant Chief Inspector, Inspections Division, 
Immigration and Naturalization Service, 425 I Street NW., Room 7228, 
Washington, DC 20536, Telephone number: (202) 616-7496.

SUPPLEMENTARY INFORMATION: Section 313 of the Immigration Reform and 
Control Act of 1986 (IRCA), Public Law 99-603, added section 217 to the 
Immigration and Nationality Act (Act), 8 U.S.C. 1187, which established 
the VWPP. The VWPP waives the nonimmigrant visa requirement for the 
admission of certain aliens to the United States for a period not to 
exceed ninety (90) days. That original provision authorized the 
participation of eight countries in the Pilot Program. Accordingly, the 
Service designated by regulations published in the Federal Register, 
the following eight (8) countries to participate in the VWPP:

[[Page 35599]]



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                Country                         Effective date                  Federal Register citation       
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(1) United Kingdom....................  July 1, 1988..................  53 FR 24901, June 30, 1988.             
(2) Japan.............................  Dec. 15, 1988.................  53 FR 50161, Dec. 13, 1988.             
(3) France............................  July 1, 1989..................  54 FR 27120, June 27, 1989.             
(4) Switzerland.......................  July 1, 1989..................  54 FR 27120, June 27, 1989.             
(5) Germany...........................  July 15, 1989.................  54 FR 27120, June 27, 1989.             
(6) Sweden............................  July 15, 1989.................  54 FR 27120, June 27, 1989.             
(7) Italy.............................  July 29, 1989.................  54 FR 27120, June 27, 1989.             
(8) Netherlands.......................  July 29, 1989.................  54 FR 27120, June 27, 1989.             
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    Section 201 of the Immigration Act of 1990 (IMMACT 90), Public Law 
101-649, dated November 29, 1990, further amended the VWPP removing the 
eight-country cap and extending the provisions to all countries that 
met the qualifying provisions contained in section 217 of the Act. In 
addition, section 201 of IMMACT 90 also extended the period for the 
VWPP until September 30, 1994. Subsequently, the Service designated by 
regulations published in the Federal Register, the following fourteen 
(14) additional countries to participate in the VWPP:

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                Country                         Effective date                  Federal Register citation       
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(1) Andorra...........................  Oct. 1, 1991..................  56 FR 46716, Sept. 13, 1991.            
(2) Austria...........................  Oct. 1, 1991..................  56 FR 46716, Sept. 13, 1991.            
(3) Belgium...........................  Oct. 1, 1991..................  56 FR 46716, Sept. 13, 1991.            
(4) Denmark...........................  Oct. 1, 1991..................  56 FR 46716, Sept. 13, 1991.            
(5) Finland...........................  Oct. 1, 1991..................  56 FR 46716, Sept. 13, 1991.            
(6) Iceland...........................  Oct. 1, 1991..................  56 FR 46716, Sept. 13, 1991.            
(7) Liechtenstein.....................  Oct. 1, 1991..................  56 FR 46716, Sept. 13, 1991.            
(8) Luxembourg........................  Oct. 1, 1991..................  56 FR 46716, Sept. 13, 1991.            
(9) Monaco............................  Oct. 1, 1991..................  56 FR 46716, Sept. 13, 1991.            
(10) New Zealand......................  Oct. 1, 1991..................  56 FR 46716, Sept. 13, 1991.            
(11) Norway...........................  Oct. 1, 1991..................  56 FR 46716, Sept. 13, 1991.            
(12) San Marino.......................  Oct. 1, 1991..................  56 FR 46716, Sept. 13, 1991.            
(13) Spain............................  Oct. 1, 1991..................  56 FR 46716, Sept. 13, 1991.            
(14) Brunei...........................  July 29, 1993.................  58 FR 40581, July 29, 1993.             
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    Section 210 of the Immigration and Nationality Technical 
Corrections Act of 1994, Public Law 103-416, dated October 25, 1994, 
extended the expiration date of the VWPP until September 30, 1996.

Addition of Argentina to the VWPP

    Argentina does not require visas for citizens and nationals of the 
United States entering for ninety (90) days or less. Thus it meets the 
requirement of providing reciprocal treatment for United States 
citizens and nationals. Argentina also meets the statutorily prescribed 
limits on visa refusal rates for the prior 2-year period and for each 
of those two years. Argentina also has a machine-readable passport 
program and the Attorney General has determined that law enforcement 
interests would not be compromised by the designation of Argentina. 
Accordingly, this interim rule amends 8 CFR part 217 to extend the VWPP 
to include the country of Argentina, which meets all the requirements 
for that status. Argentina is, therefore, designated as a country 
participating in the VWPP by the Secretary of State and the Attorney 
General, acting jointly through their designees. [See the Department of 
State rule published elsewhere in this issue of the Federal Register.]
    The Service's implementation of this rule as an interim rule, with 
provisions for post-promulgation public comments, is based upon the 
``good cause'' exceptions found at 5 U.S.C. 553(b)(B) and (d)(3). The 
reasons and the necessity for immediate implementation of this interim 
rule without prior notice and comment are as follows: This interim rule 
relieves a restriction and is beneficial to both the traveling public 
and United States businesses.

Regulatory Flexibility Act

    The Commissioner of the Immigration and Naturalization Service, in 
accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), has 
reviewed this regulation and, by approving it, certifies that this rule 
will not have a significant economic impact on a substantial number of 
small entities. This rule merely removes a restriction for both the 
public and United States businesses.

Executive Order 12866

    This rule is not considered by the Department of Justice, 
Immigration and Naturalization Service, to be a ``significant 
regulatory action'' under Executive Order 12866, section 3(f), 
Regulatory Planning and Review, and the Office of Management and Budget 
has waived its review process under section 6(a)(3)(A).

Executive Order 12612

    The regulation adopted herein will not have substantial direct 
effects on the States, on the relationship between the National 
Government and the States, or on the distribution of power and 
responsibilities among the various levels of government. Therefore, in 
accordance with Executive Order 12612, it is determined that this rule 
does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.

List of Subjects in 8 CFR Part 217

    Administrative practices and procedures, Aliens, Nonimmigrants, 
Passports and visas.

    Accordingly, part 217 of chapter I of title 8 of the Code of 
Federal Regulations is amended as follows:

PART 217--VISA WAIVER PILOT PROGRAM

    1. The authority citation for part 217 continues to read as 
follows:

    Authority: 8 U.S.C. 1103, 1187; 8 CFR part 2.

    2. Sec. 217.5, paragraph (a)(1) is revised to read as follows:

[[Page 35600]]

Sec. 217.5  Designated countries.

    (a)(1) Visa Waiver Pilot Program Countries. United Kingdom 
(effective July 1, 1988); Japan (effective December 15, 1988); France 
and Switzerland (effective July 1, 1989); Germany and Sweden (effective 
July 15, 1989); Italy and the Netherlands (effective July 29, 1989); 
Andorra, Austria, Belgium, Denmark, Finland, Iceland, Liechtenstein, 
Luxembourg, Monaco, New Zealand, Norway, San Marino, and Spain 
(effective October 1, 1991); Brunei (effective July 29, 1993); and 
Argentina July 8, 1996, have been designated as Visa Waiver Pilot 
Program countries based on the criteria set forth at sections 
217(a)(2)(A) and 217(c) of the Act.
* * * * *
    Dated: June 24, 1996.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 96-16624 Filed 7-5-96; 8:45 am]
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