82 FR 45161 - Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats
Executive Office of the President
Federal Register Volume 82, Issue 186 (September 27, 2017)
Page Range
45161-45172
FR Document
2017-20899
Federal Register, Volume 82 Issue 186 (Wednesday, September 27, 2017)
[Federal Register Volume 82, Number 186 (Wednesday, September 27, 2017)]
[Presidential Documents]
[Pages 45161-45172]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-20899]
Presidential Documents
Federal Register / Vol. 82 , No. 186 / Wednesday, September 27, 2017
/ Presidential Documents
[[Page 45161]]
Proclamation 9645 of September 24, 2017
Enhancing Vetting Capabilities and Processes for
Detecting Attempted Entry Into the United States by
Terrorists or Other Public-Safety Threats
By the President of the United States of America
A Proclamation
In Executive Order 13780 of March 6, 2017 (Protecting
the Nation from Foreign Terrorist Entry into the United
States), on the recommendations of the Secretary of
Homeland Security and the Attorney General, I ordered a
worldwide review of whether, and if so what, additional
information would be needed from each foreign country
to assess adequately whether their nationals seeking to
enter the United States pose a security or safety
threat. This was the first such review of its kind in
United States history. As part of the review, the
Secretary of Homeland Security established global
requirements for information sharing in support of
immigration screening and vetting. The Secretary of
Homeland Security developed a comprehensive set of
criteria and applied it to the information-sharing
practices, policies, and capabilities of foreign
governments. The Secretary of State thereafter engaged
with the countries reviewed in an effort to address
deficiencies and achieve improvements. In many
instances, those efforts produced positive results. By
obtaining additional information and formal commitments
from foreign governments, the United States Government
has improved its capacity and ability to assess whether
foreign nationals attempting to enter the United States
pose a security or safety threat. Our Nation is safer
as a result of this work.
Despite those efforts, the Secretary of Homeland
Security, in consultation with the Secretary of State
and the Attorney General, has determined that a small
number of countries--out of nearly 200 evaluated--
remain deficient at this time with respect to their
identity-management and information-sharing
capabilities, protocols, and practices. In some cases,
these countries also have a significant terrorist
presence within their territory.
As President, I must act to protect the security and
interests of the United States and its people. I am
committed to our ongoing efforts to engage those
countries willing to cooperate, improve information-
sharing and identity-management protocols and
procedures, and address both terrorism-related and
public-safety risks. Some of the countries with
remaining inadequacies face significant challenges.
Others have made strides to improve their protocols and
procedures, and I commend them for these efforts. But
until they satisfactorily address the identified
inadequacies, I have determined, on the basis of
recommendations from the Secretary of Homeland Security
and other members of my Cabinet, to impose certain
conditional restrictions and limitations, as set forth
more fully below, on entry into the United States of
nationals of the countries identified in section 2 of
this proclamation.
NOW, THEREFORE, I, DONALD J. TRUMP, by the authority
vested in me by the Constitution and the laws of the
United States of America, including sections 212(f) and
215(a) of the Immigration and Nationality Act (INA), 8
U.S.C. 1182(f) and 1185(a), and section 301 of title 3,
United States Code, hereby find that, absent the
measures set forth in this proclamation, the immigrant
and nonimmigrant entry into the United States of
persons described in section 2 of this proclamation
would be detrimental to the
[[Page 45162]]
interests of the United States, and that their entry
should be subject to certain restrictions, limitations,
and exceptions. I therefore hereby proclaim the
following:
Section 1. Policy and Purpose. (a) It is the policy of
the United States to protect its citizens from
terrorist attacks and other public-safety threats.
Screening and vetting protocols and procedures
associated with visa adjudications and other
immigration processes play a critical role in
implementing that policy. They enhance our ability to
detect foreign nationals who may commit, aid, or
support acts of terrorism, or otherwise pose a safety
threat, and they aid our efforts to prevent such
individuals from entering the United States.
(b) Information-sharing and identity-management
protocols and practices of foreign governments are
important for the effectiveness of the screening and
vetting protocols and procedures of the United States.
Governments manage the identity and travel documents of
their nationals and residents. They also control the
circumstances under which they provide information
about their nationals to other governments, including
information about known or suspected terrorists and
criminal-history information. It is, therefore, the
policy of the United States to take all necessary and
appropriate steps to encourage foreign governments to
improve their information-sharing and identity-
management protocols and practices and to regularly
share identity and threat information with our
immigration screening and vetting systems.
(c) Section 2(a) of Executive Order 13780 directed
a ``worldwide review to identify whether, and if so
what, additional information will be needed from each
foreign country to adjudicate an application by a
national of that country for a visa, admission, or
other benefit under the INA (adjudications) in order to
determine that the individual is not a security or
public-safety threat.'' That review culminated in a
report submitted to the President by the Secretary of
Homeland Security on July 9, 2017. In that review, the
Secretary of Homeland Security, in consultation with
the Secretary of State and the Director of National
Intelligence, developed a baseline for the kinds of
information required from foreign governments to
support the United States Government's ability to
confirm the identity of individuals seeking entry into
the United States as immigrants and nonimmigrants, as
well as individuals applying for any other benefit
under the immigration laws, and to assess whether they
are a security or public-safety threat. That baseline
incorporates three categories of criteria:
(i) Identity-management information. The United States expects foreign
governments to provide the information needed to determine whether
individuals seeking benefits under the immigration laws are who they claim
to be. The identity-management information category focuses on the
integrity of documents required for travel to the United States. The
criteria assessed in this category include whether the country issues
electronic passports embedded with data to enable confirmation of identity,
reports lost and stolen passports to appropriate entities, and makes
available upon request identity-related information not included in its
passports.
(ii) National security and public-safety information. The United States
expects foreign governments to provide information about whether persons
who seek entry to this country pose national security or public-safety
risks. The criteria assessed in this category include whether the country
makes available, directly or indirectly, known or suspected terrorist and
criminal-history information upon request, whether the country provides
passport and national-identity document exemplars, and whether the country
impedes the United States Government's receipt of information about
passengers and crew traveling to the United States.
(iii) National security and public-safety risk assessment. The national
security and public-safety risk assessment category focuses on national
security risk indicators. The criteria assessed in this category include
whether the country is a known or potential terrorist safe haven, whether
it is
[[Page 45163]]
a participant in the Visa Waiver Program established under section 217 of
the INA, 8 U.S.C. 1187, that meets all of its requirements, and whether it
regularly fails to receive its nationals subject to final orders of removal
from the United States.
(d) The Department of Homeland Security, in
coordination with the Department of State, collected
data on the performance of all foreign governments and
assessed each country against the baseline described in
subsection (c) of this section. The assessment focused,
in particular, on identity management, security and
public-safety threats, and national security risks.
Through this assessment, the agencies measured each
country's performance with respect to issuing reliable
travel documents and implementing adequate identity-
management and information-sharing protocols and
procedures, and evaluated terrorism-related and public-
safety risks associated with foreign nationals seeking
entry into the United States from each country.
(e) The Department of Homeland Security evaluated
each country against the baseline described in
subsection (c) of this section. The Secretary of
Homeland Security identified 16 countries as being
``inadequate'' based on an analysis of their identity-
management protocols, information-sharing practices,
and risk factors. Thirty-one additional countries were
classified ``at risk'' of becoming ``inadequate'' based
on those criteria.
(f) As required by section 2(d) of Executive Order
13780, the Department of State conducted a 50-day
engagement period to encourage all foreign governments,
not just the 47 identified as either ``inadequate'' or
``at risk,'' to improve their performance with respect
to the baseline described in subsection (c) of this
section. Those engagements yielded significant
improvements in many countries. Twenty-nine countries,
for example, provided travel document exemplars for use
by Department of Homeland Security officials to combat
fraud. Eleven countries agreed to share information on
known or suspected terrorists.
(g) The Secretary of Homeland Security assesses
that the following countries continue to have
``inadequate'' identity-management protocols,
information-sharing practices, and risk factors, with
respect to the baseline described in subsection (c) of
this section, such that entry restrictions and
limitations are recommended: Chad, Iran, Libya, North
Korea, Syria, Venezuela, and Yemen. The Secretary of
Homeland Security also assesses that Iraq did not meet
the baseline, but that entry restrictions and
limitations under a Presidential proclamation are not
warranted. The Secretary of Homeland Security
recommends, however, that nationals of Iraq who seek to
enter the United States be subject to additional
scrutiny to determine if they pose risks to the
national security or public safety of the United
States. In reaching these conclusions, the Secretary of
Homeland Security considered the close cooperative
relationship between the United States and the
democratically elected government of Iraq, the strong
United States diplomatic presence in Iraq, the
significant presence of United States forces in Iraq,
and Iraq's commitment to combating the Islamic State of
Iraq and Syria (ISIS).
(h) Section 2(e) of Executive Order 13780 directed
the Secretary of Homeland Security to ``submit to the
President a list of countries recommended for inclusion
in a Presidential proclamation that would prohibit the
entry of appropriate categories of foreign nationals of
countries that have not provided the information
requested until they do so or until the Secretary of
Homeland Security certifies that the country has an
adequate plan to do so, or has adequately shared
information through other means.'' On September 15,
2017, the Secretary of Homeland Security submitted a
report to me recommending entry restrictions and
limitations on certain nationals of 7 countries
determined to be ``inadequate'' in providing such
information and in light of other factors discussed in
the report. According to the report, the recommended
restrictions would help address the threats that the
countries' identity-management protocols, information-
sharing inadequacies, and other risk factors pose to
the security and welfare of the United
[[Page 45164]]
States. The restrictions also encourage the countries
to work with the United States to address those
inadequacies and risks so that the restrictions and
limitations imposed by this proclamation may be relaxed
or removed as soon as possible.
(i) In evaluating the recommendations of the Secretary of Homeland Security
and in determining what restrictions to impose for each country, I
consulted with appropriate Assistants to the President and members of the
Cabinet, including the Secretaries of State, Defense, and Homeland
Security, and the Attorney General. I considered several factors, including
each country's capacity, ability, and willingness to cooperate with our
identity-management and information-sharing policies and each country's
risk factors, such as whether it has a significant terrorist presence
within its territory. I also considered foreign policy, national security,
and counterterrorism goals. I reviewed these factors and assessed these
goals, with a particular focus on crafting those country-specific
restrictions that would be most likely to encourage cooperation given each
country's distinct circumstances, and that would, at the same time, protect
the United States until such time as improvements occur. The restrictions
and limitations imposed by this proclamation are, in my judgment, necessary
to prevent the entry of those foreign nationals about whom the United
States Government lacks sufficient information to assess the risks they
pose to the United States. These restrictions and limitations are also
needed to elicit improved identity-management and information-sharing
protocols and practices from foreign governments; and to advance foreign
policy, national security, and counterterrorism objectives.
(ii) After reviewing the Secretary of Homeland Security's report of
September 15, 2017, and accounting for the foreign policy, national
security, and counterterrorism objectives of the United States, I have
determined to restrict and limit the entry of nationals of 7 countries
found to be ``inadequate'' with respect to the baseline described in
subsection (c) of this section: Chad, Iran, Libya, North Korea, Syria,
Venezuela, and Yemen. These restrictions distinguish between the entry of
immigrants and nonimmigrants. Persons admitted on immigrant visas become
lawful permanent residents of the United States. Such persons may present
national security or public-safety concerns that may be distinct from those
admitted as nonimmigrants. The United States affords lawful permanent
residents more enduring rights than it does to nonimmigrants. Lawful
permanent residents are more difficult to remove than nonimmigrants even
after national security concerns arise, which heightens the costs and
dangers of errors associated with admitting such individuals. And although
immigrants generally receive more extensive vetting than nonimmigrants,
such vetting is less reliable when the country from which someone seeks to
emigrate exhibits significant gaps in its identity-management or
information-sharing policies, or presents risks to the national security of
the United States. For all but one of those 7 countries, therefore, I am
restricting the entry of all immigrants.
(iii) I am adopting a more tailored approach with respect to nonimmigrants,
in accordance with the recommendations of the Secretary of Homeland
Security. For some countries found to be ``inadequate'' with respect to the
baseline described in subsection (c) of this section, I am restricting the
entry of all nonimmigrants. For countries with certain mitigating factors,
such as a willingness to cooperate or play a substantial role in combatting
terrorism, I am restricting the entry only of certain categories of
nonimmigrants, which will mitigate the security threats presented by their
entry into the United States. In those cases in which future cooperation
seems reasonably likely, and accounting for foreign policy, national
security, and counterterrorism objectives, I have tailored the restrictions
to encourage such improvements.
(i) Section 2(e) of Executive Order 13780 also
provided that the ``Secretary of State, the Attorney
General, or the Secretary of Homeland Security may also
submit to the President the names of additional
countries for which
[[Page 45165]]
any of them recommends other lawful restrictions or
limitations deemed necessary for the security or
welfare of the United States.'' The Secretary of
Homeland Security determined that Somalia generally
satisfies the information-sharing requirements of the
baseline described in subsection (c) of this section,
but its government's inability to effectively and
consistently cooperate, combined with the terrorist
threat that emanates from its territory, present
special circumstances that warrant restrictions and
limitations on the entry of its nationals into the
United States. Somalia's identity-management
deficiencies and the significant terrorist presence
within its territory make it a source of particular
risks to the national security and public safety of the
United States. Based on the considerations mentioned
above, and as described further in section 2(h) of this
proclamation, I have determined that entry
restrictions, limitations, and other measures designed
to ensure proper screening and vetting for nationals of
Somalia are necessary for the security and welfare of
the United States.
(j) Section 2 of this proclamation describes some
of the inadequacies that led me to impose restrictions
on the specified countries. Describing all of those
reasons publicly, however, would cause serious damage
to the national security of the United States, and many
such descriptions are classified.
Sec. 2. Suspension of Entry for Nationals of Countries
of Identified Concern. The entry into the United States
of nationals of the following countries is hereby
suspended and limited, as follows, subject to
categorical exceptions and case-by-case waivers, as
described in sections 3 and 6 of this proclamation:
(a) Chad.
(i) The government of Chad is an important and valuable counterterrorism
partner of the United States, and the United States Government looks
forward to expanding that cooperation, including in the areas of
immigration and border management. Chad has shown a clear willingness to
improve in these areas. Nonetheless, Chad does not adequately share public-
safety and terrorism-related information and fails to satisfy at least one
key risk criterion. Additionally, several terrorist groups are active
within Chad or in the surrounding region, including elements of Boko Haram,
ISIS-West Africa, and al-Qa'ida in the Islamic Maghreb. At this time,
additional information sharing to identify those foreign nationals applying
for visas or seeking entry into the United States who represent national
security and public-safety threats is necessary given the significant
terrorism-related risk from this country.
(ii) The entry into the United States of nationals of Chad, as immigrants,
and as nonimmigrants on business (B-1), tourist (B-2), and business/tourist
(B-1/B-2) visas, is hereby suspended.
(b) Iran.
(i) Iran regularly fails to cooperate with the United States Government in
identifying security risks, fails to satisfy at least one key risk
criterion, is the source of significant terrorist threats, and fails to
receive its nationals subject to final orders of removal from the United
States. The Department of State has also designated Iran as a state sponsor
of terrorism.
(ii) The entry into the United States of nationals of Iran as immigrants
and as nonimmigrants is hereby suspended, except that entry by such
nationals under valid student (F and M) and exchange visitor (J) visas is
not suspended, although such individuals should be subject to enhanced
screening and vetting requirements.
(c) Libya.
(i) The government of Libya is an important and valuable counterterrorism
partner of the United States, and the United States Government looks
forward to expanding on that cooperation, including in the areas of
immigration and border management. Libya, nonetheless, faces significant
challenges in sharing several types of information, including public-safety
[[Page 45166]]
and terrorism-related information necessary for the protection of the
national security and public safety of the United States. Libya also has
significant inadequacies in its identity-management protocols. Further,
Libya fails to satisfy at least one key risk criterion and has been
assessed to be not fully cooperative with respect to receiving its
nationals subject to final orders of removal from the United States. The
substantial terrorist presence within Libya's territory amplifies the risks
posed by the entry into the United States of its nationals.
(ii) The entry into the United States of nationals of Libya, as immigrants,
and as nonimmigrants on business (B-1), tourist (B-2), and business/tourist
(B-1/B-2) visas, is hereby suspended.
(d) North Korea.
(i) North Korea does not cooperate with the United States Government in any
respect and fails to satisfy all information-sharing requirements.
(ii) The entry into the United States of nationals of North Korea as
immigrants and nonimmigrants is hereby suspended.
(e) Syria.
(i) Syria regularly fails to cooperate with the United States Government in
identifying security risks, is the source of significant terrorist threats,
and has been designated by the Department of State as a state sponsor of
terrorism. Syria has significant inadequacies in identity-management
protocols, fails to share public-safety and terrorism information, and
fails to satisfy at least one key risk criterion.
(ii) The entry into the United States of nationals of Syria as immigrants
and nonimmigrants is hereby suspended.
(f) Venezuela.
(i) Venezuela has adopted many of the baseline standards identified by the
Secretary of Homeland Security and in section 1 of this proclamation, but
its government is uncooperative in verifying whether its citizens pose
national security or public-safety threats. Venezuela's government fails to
share public-safety and terrorism-related information adequately, fails to
satisfy at least one key risk criterion, and has been assessed to be not
fully cooperative with respect to receiving its nationals subject to final
orders of removal from the United States. There are, however, alternative
sources for obtaining information to verify the citizenship and identity of
nationals from Venezuela. As a result, the restrictions imposed by this
proclamation focus on government officials of Venezuela who are responsible
for the identified inadequacies.
(ii) Notwithstanding section 3(b)(v) of this proclamation, the entry into
the United States of officials of government agencies of Venezuela involved
in screening and vetting procedures--including the Ministry of the Popular
Power for Interior, Justice and Peace; the Administrative Service of
Identification, Migration and Immigration; the Scientific, Penal and
Criminal Investigation Service Corps; the Bolivarian National Intelligence
Service; and the Ministry of the Popular Power for Foreign Relations--and
their immediate family members, as nonimmigrants on business (B-1), tourist
(B-2), and business/tourist (B-1/B-2) visas, is hereby suspended. Further,
nationals of Venezuela who are visa holders should be subject to
appropriate additional measures to ensure traveler information remains
current.
(g) Yemen.
(i) The government of Yemen is an important and valuable counterterrorism
partner, and the United States Government looks forward to expanding that
cooperation, including in the areas of immigration and border management.
Yemen, nonetheless, faces significant identity-management challenges, which
are amplified by the notable terrorist presence within its territory. The
government of Yemen fails to satisfy critical identity-management
requirements, does not share public-safety and terrorism-related
information adequately, and fails to satisfy at least one key risk
criterion.
[[Page 45167]]
(ii) The entry into the United States of nationals of Yemen as immigrants,
and as nonimmigrants on business (B-1), tourist (B-2), and business/tourist
(B-1/B-2) visas, is hereby suspended.
(h) Somalia.
(i) The Secretary of Homeland Security's report of September 15, 2017,
determined that Somalia satisfies the information-sharing requirements of
the baseline described in section 1(c) of this proclamation. But several
other considerations support imposing entry restrictions and limitations on
Somalia. Somalia has significant identity-management deficiencies. For
example, while Somalia issues an electronic passport, the United States and
many other countries do not recognize it. A persistent terrorist threat
also emanates from Somalia's territory. The United States Government has
identified Somalia as a terrorist safe haven. Somalia stands apart from
other countries in the degree to which its government lacks command and
control of its territory, which greatly limits the effectiveness of its
national capabilities in a variety of respects. Terrorists use under-
governed areas in northern, central, and southern Somalia as safe havens
from which to plan, facilitate, and conduct their operations. Somalia also
remains a destination for individuals attempting to join terrorist groups
that threaten the national security of the United States. The State
Department's 2016 Country Reports on Terrorism observed that Somalia has
not sufficiently degraded the ability of terrorist groups to plan and mount
attacks from its territory. Further, despite having made significant
progress toward formally federating its member states, and its willingness
to fight terrorism, Somalia continues to struggle to provide the governance
needed to limit terrorists' freedom of movement, access to resources, and
capacity to operate. The government of Somalia's lack of territorial
control also compromises Somalia's ability, already limited because of poor
recordkeeping, to share information about its nationals who pose criminal
or terrorist risks. As a result of these and other factors, Somalia
presents special concerns that distinguish it from other countries.
(ii) The entry into the United States of nationals of Somalia as immigrants
is hereby suspended. Additionally, visa adjudications for nationals of
Somalia and decisions regarding their entry as nonimmigrants should be
subject to additional scrutiny to determine if applicants are connected to
terrorist organizations or otherwise pose a threat to the national security
or public safety of the United States.
Sec. 3. Scope and Implementation of Suspensions and
Limitations. (a) Scope. Subject to the exceptions set
forth in subsection (b) of this section and any waiver
under subsection (c) of this section, the suspensions
of and limitations on entry pursuant to section 2 of
this proclamation shall apply only to foreign nationals
of the designated countries who:
(i) are outside the United States on the applicable effective date under
section 7 of this proclamation;
(ii) do not have a valid visa on the applicable effective date under
section 7 of this proclamation; and
(iii) do not qualify for a visa or other valid travel document under
section 6(d) of this proclamation.
(b) Exceptions. The suspension of entry pursuant to
section 2 of this proclamation shall not apply to:
(i) any lawful permanent resident of the United States;
(ii) any foreign national who is admitted to or paroled into the United
States on or after the applicable effective date under section 7 of this
proclamation;
(iii) any foreign national who has a document other than a visa--such as a
transportation letter, an appropriate boarding foil, or an advance parole
document--valid on the applicable effective date under section 7 of this
proclamation or issued on any date thereafter, that permits him or her to
travel to the United States and seek entry or admission;
[[Page 45168]]
(iv) any dual national of a country designated under section 2 of this
proclamation when the individual is traveling on a passport issued by a
non-designated country;
(v) any foreign national traveling on a diplomatic or diplomatic-type visa,
North Atlantic Treaty Organization visa, C-2 visa for travel to the United
Nations, or G-1, G-2, G-3, or G-4 visa; or
(vi) any foreign national who has been granted asylum by the United States;
any refugee who has already been admitted to the United States; or any
individual who has been granted withholding of removal, advance parole, or
protection under the Convention Against Torture.
(c) Waivers. Notwithstanding the suspensions of and
limitations on entry set forth in section 2 of this
proclamation, a consular officer, or the Commissioner,
United States Customs and Border Protection (CBP), or
the Commissioner's designee, as appropriate, may, in
their discretion, grant waivers on a case-by-case basis
to permit the entry of foreign nationals for whom entry
is otherwise suspended or limited if such foreign
nationals demonstrate that waivers would be appropriate
and consistent with subsections (i) through (iv) of
this subsection. The Secretary of State and the
Secretary of Homeland Security shall coordinate to
adopt guidance addressing the circumstances in which
waivers may be appropriate for foreign nationals
seeking entry as immigrants or nonimmigrants.
(i) A waiver may be granted only if a foreign national demonstrates to the
consular officer's or CBP official's satisfaction that:
(A) denying entry would cause the foreign national undue hardship;
(B) entry would not pose a threat to the national security or public
safety of the United States; and
(C) entry would be in the national interest.
(ii) The guidance issued by the Secretary of State and the Secretary of
Homeland Security under this subsection shall address the standards,
policies, and procedures for:
(A) determining whether the entry of a foreign national would not pose a
threat to the national security or public safety of the United States;
(B) determining whether the entry of a foreign national would be in the
national interest;
(C) addressing and managing the risks of making such a determination in
light of the inadequacies in information sharing, identity management, and
other potential dangers posed by the nationals of individual countries
subject to the restrictions and limitations imposed by this proclamation;
(D) assessing whether the United States has access, at the time of the
waiver determination, to sufficient information about the foreign national
to determine whether entry would satisfy the requirements of subsection (i)
of this subsection; and
(E) determining the special circumstances that would justify granting a
waiver under subsection (iv)(E) of this subsection.
(iii) Unless otherwise specified by the Secretary of Homeland Security, any
waiver issued by a consular officer as part of the visa adjudication
process will be effective both for the issuance of a visa and for any
subsequent entry on that visa, but will leave unchanged all other
requirements for admission or entry.
(iv) Case-by-case waivers may not be granted categorically, but may be
appropriate, subject to the limitations, conditions, and requirements set
forth under subsection (i) of this subsection and the guidance issued under
subsection (ii) of this subsection, in individual circumstances such as the
following:
[[Page 45169]]
(A) the foreign national has previously been admitted to the United
States for a continuous period of work, study, or other long-term activity,
is outside the United States on the applicable effective date under section
7 of this proclamation, seeks to reenter the United States to resume that
activity, and the denial of reentry would impair that activity;
(B) the foreign national has previously established significant contacts
with the United States but is outside the United States on the applicable
effective date under section 7 of this proclamation for work, study, or
other lawful activity;
(C) the foreign national seeks to enter the United States for significant
business or professional obligations and the denial of entry would impair
those obligations;
(D) the foreign national seeks to enter the United States to visit or
reside with a close family member (e.g., a spouse, child, or parent) who is
a United States citizen, lawful permanent resident, or alien lawfully
admitted on a valid nonimmigrant visa, and the denial of entry would cause
the foreign national undue hardship;
(E) the foreign national is an infant, a young child or adoptee, an
individual needing urgent medical care, or someone whose entry is otherwise
justified by the special circumstances of the case;
(F) the foreign national has been employed by, or on behalf of, the
United States Government (or is an eligible dependent of such an employee),
and the foreign national can document that he or she has provided faithful
and valuable service to the United States Government;
(G) the foreign national is traveling for purposes related to an
international organization designated under the International Organizations
Immunities Act (IOIA), 22 U.S.C. 288 et seq., traveling for purposes of
conducting meetings or business with the United States Government, or
traveling to conduct business on behalf of an international organization
not designated under the IOIA;
(H) the foreign national is a Canadian permanent resident who applies for
a visa at a location within Canada;
(I) the foreign national is traveling as a United States Government-
sponsored exchange visitor; or
(J) the foreign national is traveling to the United States, at the
request of a United States Government department or agency, for legitimate
law enforcement, foreign policy, or national security purposes.
Sec. 4. Adjustments to and Removal of Suspensions and
Limitations. (a) The Secretary of Homeland Security
shall, in consultation with the Secretary of State,
devise a process to assess whether any suspensions and
limitations imposed by section 2 of this proclamation
should be continued, terminated, modified, or
supplemented. The process shall account for whether
countries have improved their identity-management and
information-sharing protocols and procedures based on
the criteria set forth in section 1 of this
proclamation and the Secretary of Homeland Security's
report of September 15, 2017. Within 180 days of the
date of this proclamation, and every 180 days
thereafter, the Secretary of Homeland Security, in
consultation with the Secretary of State, the Attorney
General, the Director of National Intelligence, and
other appropriate heads of agencies, shall submit a
report with recommendations to the President, through
appropriate Assistants to the President, regarding the
following:
(i) the interests of the United States, if any, that continue to require
the suspension of, or limitations on, the entry on certain classes of
nationals of countries identified in section 2 of this proclamation and
whether the restrictions and limitations imposed by section 2 of this
proclamation should be continued, modified, terminated, or supplemented;
and
[[Page 45170]]
(ii) the interests of the United States, if any, that require the
suspension of, or limitations on, the entry of certain classes of nationals
of countries not identified in this proclamation.
(b) The Secretary of State, in consultation with
the Secretary of Homeland Security, the Secretary of
Defense, the Attorney General, the Director of National
Intelligence, and the head of any other executive
department or agency (agency) that the Secretary of
State deems appropriate, shall engage the countries
listed in section 2 of this proclamation, and any other
countries that have information-sharing, identity-
management, or risk-factor deficiencies as practicable,
appropriate, and consistent with the foreign policy,
national security, and public-safety objectives of the
United States.
(c) Notwithstanding the process described above,
and consistent with the process described in section
2(f) of Executive Order 13780, if the Secretary of
Homeland Security, in consultation with the Secretary
of State, the Attorney General, and the Director of
National Intelligence, determines, at any time, that a
country meets the standards of the baseline described
in section 1(c) of this proclamation, that a country
has an adequate plan to provide such information, or
that one or more of the restrictions or limitations
imposed on the entry of a country's nationals are no
longer necessary for the security or welfare of the
United States, the Secretary of Homeland Security may
recommend to the President the removal or modification
of any or all such restrictions and limitations. The
Secretary of Homeland Security, the Secretary of State,
or the Attorney General may also, as provided for in
Executive Order 13780, submit to the President the
names of additional countries for which any of them
recommends any lawful restrictions or limitations
deemed necessary for the security or welfare of the
United States.
Sec. 5. Reports on Screening and Vetting Procedures.
(a) The Secretary of Homeland Security, in coordination
with the Secretary of State, the Attorney General, the
Director of National Intelligence, and other
appropriate heads of agencies shall submit periodic
reports to the President, through appropriate
Assistants to the President, that:
(i) describe the steps the United States Government has taken to improve
vetting for nationals of all foreign countries, including through improved
collection of biometric and biographic data;
(ii) describe the scope and magnitude of fraud, errors, false information,
and unverifiable claims, as determined by the Secretary of Homeland
Security on the basis of a validation study, made in applications for
immigration benefits under the immigration laws; and
(iii) evaluate the procedures related to screening and vetting established
by the Department of State's Bureau of Consular Affairs in order to enhance
the safety and security of the United States and to ensure sufficient
review of applications for immigration benefits.
(b) The initial report required under subsection
(a) of this section shall be submitted within 180 days
of the date of this proclamation; the second report
shall be submitted within 270 days of the first report;
and reports shall be submitted annually thereafter.
(c) The agency heads identified in subsection (a)
of this section shall coordinate any policy
developments associated with the reports described in
subsection (a) of this section through the appropriate
Assistants to the President.
Sec. 6. Enforcement. (a) The Secretary of State and the
Secretary of Homeland Security shall consult with
appropriate domestic and international partners,
including countries and organizations, to ensure
efficient, effective, and appropriate implementation of
this proclamation.
(b) In implementing this proclamation, the
Secretary of State and the Secretary of Homeland
Security shall comply with all applicable laws and
regulations, including those that provide an
opportunity for individuals to enter the United States
on the basis of a credible claim of fear of persecution
or torture.
[[Page 45171]]
(c) No immigrant or nonimmigrant visa issued before
the applicable effective date under section 7 of this
proclamation shall be revoked pursuant to this
proclamation.
(d) Any individual whose visa was marked revoked or
marked canceled as a result of Executive Order 13769 of
January 27, 2017 (Protecting the Nation from Foreign
Terrorist Entry into the United States), shall be
entitled to a travel document confirming that the
individual is permitted to travel to the United States
and seek entry under the terms and conditions of the
visa marked revoked or marked canceled. Any prior
cancellation or revocation of a visa that was solely
pursuant to Executive Order 13769 shall not be the
basis of inadmissibility for any future determination
about entry or admissibility.
(e) This proclamation shall not apply to an
individual who has been granted asylum by the United
States, to a refugee who has already been admitted to
the United States, or to an individual granted
withholding of removal or protection under the
Convention Against Torture. Nothing in this
proclamation shall be construed to limit the ability of
an individual to seek asylum, refugee status,
withholding of removal, or protection under the
Convention Against Torture, consistent with the laws of
the United States.
Sec. 7. Effective Dates. Executive Order 13780 ordered
a temporary pause on the entry of foreign nationals
from certain foreign countries. In two cases, however,
Federal courts have enjoined those restrictions. The
Supreme Court has stayed those injunctions as to
foreign nationals who lack a credible claim of a bona
fide relationship with a person or entity in the United
States, pending its review of the decisions of the
lower courts.
(a) The restrictions and limitations established in
section 2 of this proclamation are effective at 3:30
p.m. eastern daylight time on September 24, 2017, for
foreign nationals who:
(i) were subject to entry restrictions under section 2 of Executive Order
13780, or would have been subject to the restrictions but for section 3 of
that Executive Order, and
(ii) lack a credible claim of a bona fide relationship with a person or
entity in the United States.
(b) The restrictions and limitations established in
section 2 of this proclamation are effective at 12:01
a.m. eastern daylight time on October 18, 2017, for all
other persons subject to this proclamation, including
nationals of:
(i) Iran, Libya, Syria, Yemen, and Somalia who have a credible claim of a
bona fide relationship with a person or entity in the United States; and
(ii) Chad, North Korea, and Venezuela.
Sec. 8. Severability. It is the policy of the United
States to enforce this proclamation to the maximum
extent possible to advance the national security,
foreign policy, and counterterrorism interests of the
United States. Accordingly:
(a) if any provision of this proclamation, or the
application of any provision to any person or
circumstance, is held to be invalid, the remainder of
this proclamation and the application of its other
provisions to any other persons or circumstances shall
not be affected thereby; and
(b) if any provision of this proclamation, or the
application of any provision to any person or
circumstance, is held to be invalid because of the lack
of certain procedural requirements, the relevant
executive branch officials shall implement those
procedural requirements to conform with existing law
and with any applicable court orders.
Sec. 9. General Provisions. (a) Nothing in this
proclamation shall be construed to impair or otherwise
affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
[[Page 45172]]
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This proclamation shall be implemented
consistent with applicable law and subject to the
availability of appropriations.
(c) This proclamation is not intended to, and does
not, create any right or benefit, substantive or
procedural, enforceable at law or in equity by any
party against the United States, its departments,
agencies, or entities, its officers, employees, or
agents, or any other person.
IN WITNESS WHEREOF, I have hereunto set my hand this
twenty-fourth day of September, in the year of our Lord
two thousand seventeen, and of the Independence of the
United States of America the two hundred and forty-
second.
(Presidential Sig.)
[FR Doc. 2017-20899
Filed 9-26-17; 11:15 am]
Billing code 3295-F7-P