Consular services; fee schedule: Changes,

[Federal Register: May 28, 1999 (Volume 64, Number 103)]

[Proposed Rules]

[Page 28946-28947]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr28my99-30]

[[Page 28946]]

DEPARTMENT OF STATE

22 CFR Part 22

[Public Notice 3065]

Schedule of Fees for Consular Services, Department of State and Overseas Embassies and Consulates

AGENCY: Bureau of Consular Affairs, State Department.

ACTION: Proposed rule.

SUMMARY: This rule proposes to amend the Department's Schedule of Fees for Consular Services by exempting members of UN observer missions and their immediate family members from paying a visa processing fee and a visa issuance fee when obtaining a visa to enter the United States as a UN observer. Members of most of the 32 permanent UN observer missions are currently issued visas without charge when entering the United States to participate as observers. This proposed rule would exempt from fees members of those UN observer missions not currently designated by Executive Order as otherwise exempt.

DATES: Comments must be received in the Department no later than June 28, 1999.

ADDRESSES: Commenters must send comments in duplicate to: Office of the Executive Director, Bureau of Consular Affairs, Department of State, Washington, DC 20520-4818, telephone (202) 647-3682; telefax (202) 647- 3677.

FOR FURTHER INFORMATION CONTACT: Alcy Frelick, Office of the Executive Director, Bureau of Consular Affairs, Department of State, telephone (202) 647-3682; telefax (202) 647-3677.

SUPPLEMENTARY INFORMATION:

Background

Executive Order 10718 of June 27, 1957, authorizes the Secretary of State to establish fees to be charged for official services by embassies and consulates. All consular fees and exemptions therefrom must be reflected in the Schedule of Fees for Consular Services. Certain persons are exempted by law from payment of specific fees. (These statutory exemptions are noted in the fee schedule.)

Under the Headquarters Agreement with the United Nations, the United States provides visas for persons on UN business. Article IV, Section 13, states, ``When visas are required for persons referred to in (Section 11), they shall be granted without charge and as promptly as possible.'' Members of UN observer missions are covered under Section 11, part (5), and should therefore be granted visas without charge under Section 13.

There are currently 32 permanent observer missions at the UN in New York. They include non-member states, intergovernmental organizations and other entities invited to participate as observers. The current Schedule of Fees (63 FR 5098, as amended by AG5 FR 6585-867) exempts from visa processing fees only those members of UN observer missions who are entitled to A, G, C-2, C-3 or NATO visas or from visa issuance fees those who are entitled to diplomatic (courtesy) visas. While these categories cover the majority of observer mission members, there are approximately 25-40 members of UN observer missions who are not exempted from the visa fees under the current Schedule of Fees.

In order to carry out the UN Headquarters Agreement, the Department proposes to amend the Schedule of Fees to reflect the entitlement of these observer mission members to exemption from all visa fees.

Amendments to 22 CFR Part 22

The Department is, therefore, proposing to add a new entry designated as paragraph (f) under item 55 (visa processing fee) and a new entry designated as paragraph (e) under item 57 (visa issuance fee) of 22 CFR part 22, Sec. 22.1. These entries would reflect an exemption from both the nonimmigrant visa processing fee and the nonimmigrant visa issuance fee for ``members and staff of an observer mission to United Nations Headquarters recognized by the UN General Assembly, and their immediate families.''

Regulatory Findings

The Department does not consider this rule to be a major rule for purposes of E.O. 12291. The Department does not expect the rule to have a significant impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act, 5 U.S.C. 605(b). This rule does not impose information collection requirements under the provisions of the Paperwork Reduction Act, 44 U.S.C. Chapter 35. The Department has reviewed the rule as required by E.O. 12988 and determined it to be in compliance. This rule is exempt from E.O. 12866, but the Department has reviewed the rule to ensure consistency with the objectives of the Executive Order, and the Office of Management and Budget has determined this rule would not constitute a significant regulatory action under E.O. 12866.

Proposed Rule

List of Subjects in 22 CFR Part 22

Consular services, Fees, Passports and visas, Schedule of consular fees.

Accordingly, this rule proposes to amend 22 CFR part 22 as follows:

PART 22--[AMENDED]

1. The authority citation for part 22 continues to read as follows:

   Authority: 8 U.S.C. 1153 note. 1351, 1351 note; 22 U.S.C. 214, 4201, 4206, 4215, 4219; 31 U.S.C. 9701; E.O. 10718, 22 FR 4632, 3 CFR, 1954-1958 Comp., p. 382; E.O. 11295, 31 FR 10603, 3 CFR, 1966- 1970 Comp., p. 570.

2. Section 22.1 is proposed to be amended by adding a new paragraph (f) to item No. 55 and a new paragraph (e) to item No. 57 to read as follows:

   Sec. 22.1 Schedule of fees.

   *

   *

   *

   * *

   *

   * (55) * * *

   (f) Members and staff of an observer No fee. mission to United Nations Headquarters recognized by the UN General Assembly, and their immediate families.

   *

   *

   *

   * *

   *

   * (57) * * *

   (e) Members and staff of an observer No fee. mission to United Nations Headquarters recognized by the UN General Assembly, and their immediate families.

   *

   *

   *

   * *

   *

   *

   [[Page 28947]]

   Dated: May 17, 1999. Bonnie R. Cohen, Under Secretary for Management.

   [FR Doc. 99-13213Filed5-27-99; 8:45 am]

   BILLING CODE 4710-06-P