Federal Register - February 22, 2021
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Fuente: Federal Register
10456
Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Rules and Regulations
Executive Orders 12372 and 13132:
Federalism This regulation will not have substantial direct effect 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 12372 and 13132.
Executive Order 12988: Civil Justice Reform The Department has reviewed the rule in light of sections 3a and 3b2 of Executive Order 12988 to eliminate ambiguity, minimize litigation, establish clear legal standards, and reduce burden.
Executive Order 13175: Consultation and Coordination With Indian Tribal Governments 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 Section 5 of Executive Order 13175 do not apply to this rulemaking.
Executive Order 13771
This rule is not subject to the requirements of Executive Order 13771, because its likely impact is de minimis.
Paperwork Reduction Act This rule does not impose any new reporting or record-keeping requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter 35.
List of Subjects in 22 CFR Part 41
Aliens, Foreign Officials, Immigration, Passports, and Visas.
Accordingly, for the reasons set forth in the preamble, 22 CFR part 41 is amended as follows:
PART 41 VISASDOCUMENTATION
OF NONIMMIGRANTS UNDER THE
IMMIGRATION AND NATIONALITY
ACT, AS AMENDED
1. The authority citation for part 41
continues to read as follows:
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Authority: 22 U.S.C. 2651a; 8 U.S.C. 1104;
8 U.S.C. 1323; Pub. L. 105277, 112 Stat.
2681795 through 2681801; 8 U.S.C. 1185
note section 7209 of Pub. L. 108458, as amended by section 546 of Pub. L. 109295.
2. Amend 41.26 by:
a. Revising paragraphs a3, c introductory text, c1 introductory text, and c1xii and xiv;
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b. Removing the period at the end of paragraph c1xvi and adding ; or in its place; and c. Revising paragraphs c2
introductory text, c2viA, and c2xiii.
The revisions read as follows:
41.26
Diplomatic visas.
a
3 Equivalent of a diplomatic passport means a passport that:
i Is issued by a competent authority that does not issue diplomatic passports and ii Has been designated by the Secretary as the equivalent of a diplomatic passport.
c Classes of aliens eligible to receive diplomatic visas. A nonimmigrant alien who presents a diplomatic passport or its equivalent shall, if otherwise qualified, be eligible to receive a diplomatic visa if:
1 The nonimmigrant alien is within one of the following categories, irrespective of the classification of the visa under 41.12:
xii Officers of a foreign government proceeding to the United States on a temporary basis or through the United States in the performance of their official duties;
xiv Members of the immediate family of a principal alien who is within one of the classes described in paragraphs c1i through xi of this section;
2 The alien is classifiable as a G4
and is accompanying any of these officers:
vi
A United Nations Childrens Fund;
xiii Members of the immediate family accompanying or following to join any principal nonimmigrant alien listed in paragraphs c2i through xii of this section.
3. Amend 41.27 by revising paragraphs c1i through xiii to read as follows:
41.27
Official visas.
c
1
i Aliens within a category described in 41.26c1 who are ineligible to receive a diplomatic visa because they are not in possession of a diplomatic passport or its equivalent;
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ii Aliens classifiable under INA
section 101a15Ai or ii, 8 U.S.C.
1101a15Ai or ii;
iii Aliens who are classifiable under INA section 101a15Gi, ii, or iv, 8 U.S.C. 1101a15Gi, ii, or iv;
iv Aliens who are classifiable under INA section 101a15Giii, 8 U.S.C.
1101a15Giii, as representatives of a foreign government traveling to an international organization so designated by Executive Order, where such foreign government is not a member of the international organization;
v Aliens classifiable under INA
section 101a15C, 8 U.S.C.
1101a15C, as nonimmigrants described in INA section 212d8, 8
U.S.C. 1182d8;
vi Members and members-elect of national legislative bodies;
vii Justices of the lesser national and the highest state courts of a foreign country;
viii Officers and employees of national legislative bodies proceeding to or through the United States in the performance of their official duties;
ix Administrative, service, and similar employees attached to foreigngovernment delegations to, and employees of, international bodies of an official nature, other than international organizations so designated by Executive Order, proceeding to or through the United States in the performance of their official duties;
x Administrative, service, and similar employees of a foreign government proceeding to the United States on temporary duty or through the United States on a temporary basis in the performance of their official duties;
xi Administrative, service, and similar employees attached to foreigngovernment delegations proceeding to or from a specific international conference of an official nature;
xii Officers and employees of foreign governments recognized de jure by the United States who are stationed in foreign contiguous territories or adjacent islands;
xiii Members of the immediate family when accompanying or following to join a principal alien who is within one of the classes referred to or described in paragraphs c1i through xii of this section;
Zachary Parker, Director, Office of Directives Management, Department of State.
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