Current Visa Sanctions: Cambodia, Guinea, Eritrea, Sierra Leone, Plus The Gambia #INA243(d)

Posted: 1:38 am ET
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We previously blogged about visa sanctions in January 2017 for countries who refused to accept their deported nationals (see On Invocation of Visa Sanctions For Countries Unwilling to Accept Their Deported Nationals. Also read @StateDept Notifies Foreign Countries of New Information Sharing Standards Required For U.S. Travel.

Note that the Trump Executive Order: Enhancing Public Safety in the Interior of the United States include section 12 on countries who refused to accepted their nationals who are subject to removal by the United States:

Sec. 12.  Recalcitrant Countries.  The Secretary of Homeland Security and the Secretary of State shall cooperate to effectively implement the sanctions provided by section 243(d) of the INA (8 U.S.C. 1253(d)), as appropriate.  The Secretary of State shall, to the maximum extent permitted by law, ensure that diplomatic efforts and negotiations with foreign states include as a condition precedent the acceptance by those foreign states of their nationals who are subject to removal from the United States.

Read more: U.S. to Invoke Visa Sanctions For Four Countries Unwilling to Accept Deported Nationals

On September 12, the State Department released an update of its FAM guidance 9 FAM 601.12 on the “Discontinuation of Visa Issuance Under INA 243 (D).   Per 9 FAM 601.12-2(C), the following countries are currently subject to discontinuation of visa issuance under INA 243(d): Cambodia, The Gambia, Guinea, Eritrea, and Sierra Leone.

Kevin Brosnahan, the spokesperson for the Department’s Bureau of Consular Affairs released the following statement:

The Secretary of State has ordered consular officers in Eritrea, Guinea, Sierra Leone, and Cambodia to implement visa restrictions effective September 13, 2017. The Secretary determined the categories of visa applicants subject to these restrictions on a country-by-country basis. Consular operations at the U.S. embassy will continue. These visa restrictions do not affect other consular services provided, including adjudication of applications from individuals not covered by the suspension.

The Department of State received notification under Section 243(d) of the Immigration and Nationality Act from the Department of Homeland Security for Eritrea, Guinea, Sierra Leone, and Cambodia. According to that section of the law, when a country denies or unreasonably delays accepting one of its nationals, the Secretary of Homeland Security may notify the Secretary of State. The Secretary must then order consular officers in that country to discontinue issuance of any or all visas.   The Secretary determines the categories of applicants subject to the visa restrictions.

via travel.state.gov

Below are the four countries, in addition to The Gambia that are currently under visa sanctions/restrictions. With the exception of  Eritrea where the sanctions affect “Eritrean citizens, subjects, nationals, and residents,” the restrictions for the other countries are currently directed at government officials and their families.

CAMBODIA (see full notice here)

As of September 13, the U.S. Embassy in Phnom Penh, Cambodia has discontinued issuing B1, B2, and B1/B2 visas for Cambodian Ministry of Foreign Affairs employees, with the rank of Director General and above, and their families, with limited exceptions.

Under Section 243(d) of the Immigration and Nationality Act, when so requested by the Secretary of Homeland Security due to a particular country’s refusal to accept or unreasonably delay the return of its nationals, the Secretary of State must order consular officers to suspend issuing visas until informed by the Secretary of Homeland Security that the country in question has accepted the individuals.

GUINEA (see full notice here)

As of September 13, the U.S. Embassy in Conakry, Guinea has discontinued issuing B, F, J, and M visas to Guinean government officials and their immediate family members, with limited exceptions.

ERITREA (see full notice here)

As of September 13, 2017, the United States Embassy in Asmara, Eritrea, under instructions from the Secretary of State, has discontinued the issuance of non immigrant visas for business or pleasure (B1/B2) to Eritrean citizens, subjects, nationals, and residents. The Department of State may make exceptions for travel that is in the U.S. national interest, for emergency or humanitarian travel, and other limited exceptions.

SIERRA LEONE (see full notice here)

On Wednesday, September 13, the United States Embassy in Freetown, Sierra Leone will discontinue the issuance of B visas (temporary visitors for business or pleasure) to Ministry of Foreign Affairs officials and immigration officials.

Consular operations at the U.S. embassy or consulate will continue.  These visa restrictions do not affect other consular services provided, including adjudication of applications from individuals not covered by the suspension.

THE GAMBIA (see announcement here)

The sanctions placed on The Gambia occurred last year. As of October 1, 2016, the United States Embassy in Banjul, The Gambia discontinued issuing visas to Gambian government officials, others associated with the government, and their families.  The announcement says that the Department may make exceptions for travel based on U.S. international obligations and to advance humanitarian and other U.S. government interests.

Per  FAM 601.12-3(C) (a) Public Notice of Discontinuation of Visa Issuance:  During the period of discontinuation, posts should continue receiving and adjudicating cases; however, posts should explain the discontinuation of visas to all applicants covered by the order.  The explanation should note that visas cannot generally be issued for certain visa classifications or categories of applicants as determined by the Secretary’s order, and explain that visa fees will not be refunded, but that the cases will be reviewed again once visa issuance resumes.  The notification may be provided by flyers posted in the consular section and/or on the post’s website.

All the above notices are posted under the “News/Events” section of the embassies’ websites, which is understandable, but that is also not the section that visa applicants would first look when searching for visa information. One post did not include the information on non-refundable fees.

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U.S. to Invoke Visa Sanctions For Four Countries Unwilling to Accept Deported Nationals

Posted: 3:25 am ET
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We previously blogged about visa sanctions in early 2017 for countries who refused to accept their deported nationals (see On Invocation of Visa Sanctions For Countries Unwilling to Accept Their Deported Nationals. Also read @StateDept Notifies Foreign Countries of New Information Sharing Standards Required For U.S. Travel.

Note that the Trump Executive Order: Enhancing Public Safety in the Interior of the United States include section 12 on countries who refused to accepted their nationals who are subject to removal by the United States:

Sec. 12.  Recalcitrant Countries.  The Secretary of Homeland Security and the Secretary of State shall cooperate to effectively implement the sanctions provided by section 243(d) of the INA (8 U.S.C. 1253(d)), as appropriate.  The Secretary of State shall, to the maximum extent permitted by law, ensure that diplomatic efforts and negotiations with foreign states include as a condition precedent the acceptance by those foreign states of their nationals who are subject to removal from the United States.

The Washington Times reported yesterday that the Trump administration has now triggered visa sanctions against four countries that have refused to take back citizens the U.S. is trying to deport. The State Department confirmed the move according to the reporter but declined to name the specific countries.  The Washington Times citing “sources who tracked the deliberations in recent weeks” said that the four countries are Cambodia, Eritrea, Guinea and Sierra Leone.

via travel.state.gov

 

Per 9 FAM. only one country, The Gambia, is currently subject to discontinuation of visa issuance under INA 243(d).  With these additional four countries, this could be the start of utilizing visa sanctions to force countries to accept their deported nationals.  There are potentially 85 countries that could be subject to a visa sanction based on their refusal or lack or cooperation in accepting their own nationals deported from the United States.

According to DHS, as of May 2, 2016, ICE has found that there were 23 countries considered recalcitrant, including: Afghanistan, Algeria, the People’s Republic of China, Cuba, Iran, Iraq, Libya, Somalia, and Zimbabwe.  DHS does not appear to have an updated public list or a full list online. In a July 2016 testimony, DHS also told Congress that within the last two fiscal years ICE has worked with the State Department to issue 17 Demarches to the following recalcitrant countries: Iraq, Algeria, Bangladesh, Cape Verde, Ivory Coast, Eritrea, The Gambia, Ghana, Guinea, Liberia, Mali, Mauritania, Niger, Sierra Leone, Senegal, Cuba and St. Lucia.

DHS noted in 2016 that ICE was closely monitoring an additional 62 countries with strained cooperation, but which were not deemed recalcitrant.

We expect that the State Department will make a formal statement as it updates its guidance to its consular officials. The FAM guidance also says that a Public Notice of Discontinuation of Visa Issuance may be provided by flyers posted in the consular section and/or on the post’s website:  

During the period of discontinuation, posts should continue receiving and adjudicating cases; however, posts should explain the discontinuation of visas to all applicants covered by the order.  The explanation should note that visas cannot generally be issued for certain visa classifications or categories of applicants as determined by the Secretary’s order, and explain that visa fees will not be refunded, but that the cases will be reviewed again once visa issuance resumes.  The notification may be provided by flyers posted in the consular section and/or on the post’s website.”

Note that INA 243(d) discontinuation of visa issuance pertains to the actual issuance, not to adjudication. That means consular sections will continue to charge visa fees, will continue to adjudicate visa applications, but they will suspend issuance of visas to qualified applicants. And there will be no refunds.  That sounds like a recipe for a PR disaster.

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Inspection Report on US Embassy Eritrea Now Classified? Plus State/OIG FY2015 Inspection Schedule

Posted: 1:19 am EDT
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State/OIG has posted its schedule of FY2015 inspections.  Something we can look forward to reading, although it will probably take months before these reports will be available online.  Unless, of course, these reports are designated “classified” like the inspection report on the U.S. Embassy in Asmara, Eritrea (pdf). Some OIG reports have classified annexes. This is the first one we’ve seen in recent memory where the entire report has been designated classified.

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According to history.state.gov, the United States recognized the Republic of Eritrea on April 27, 1993, when the American consulate at Asmara informed Eritrean authorities of this decision on the same date Eritrea declared its independence. Eritrea previously had been under Ethiopian sovereignty. Diplomatic relations were established on June 11, 1993, when the American consulate at Asmara was raised to Embassy status with Joseph P. O’Neill as Chargé d’Affaires ad interim.

There currently is no U.S. Ambassador to Eritrea; the U.S. Chargé d’Affaires is Louis Mazel,  career Foreign Service Officer who arrived in Eritrea to take up his posting as Charge d’Affaires on July 10, 2014.

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The upcoming inspection schedule via Office of Inspector General Work Plan 2015:

Fall Cycle: October–November 2014 

Post inspections of Astana and Dushanbe, including BBG operations

Post inspections of Riga and Tallinn

Post inspections of Antananarivo and Port Louis

Inspection of the Office of Civil Rights (S/OCR)

Inspection of BBG operations in Kabul

Compliance Follow-up Review of the Bureau of Conflict and Stabilization Operations (CSO)

Winter Cycle: February–March 2015

Post inspection of Amman

Post inspection of Tokyo and constituent posts

Post inspections of Muscat and Tunis, including BBG operations

Inspection of the Bureau of Political-Military Affairs

Compliance Follow-up Review of the Accountability Review Board Process

Spring Cycle: May–June 2015

Inspection of the Bureau of International Organization Affairs (IO)

Inspection of the Office of Management Policy, Rightsizing and Innovation (M/PRI)

Inspection of the Bureau of Diplomatic Security, International Programs Directorate (DS/IP)

Inspection of the Bureau of Information Resource Management, Vendor Management Office (IRM/OPS/VMO)

Inspection of the Bureau of Energy Resources (ENR)

Inspection of the Bureau of the Comptroller and Global Financial Services (CGFS)

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