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CREW LIST VISAS, WAIVER OF PERSONAL APPEARANCE, AND FACILITATON OF INDIVIDUAL C-1/D APPLICATIONS

P 182028Z JUL 03
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS PRIORITY
SPECIAL EMBASSY PROGRAM PRIORITY
AMEMBASSY KABUL PRIORITY
AMEMBASSY KHARTOUM PRIORITY
AMEMBASSY DUSHANBE PRIORITY
AMEMBASSY BUJUMBURA PRIORITY

UNCLAS STATE 209455

VISAS -- INFORM CONSULS

E.O. 12958: N/A
TAGS: CVIS, CMGT
SUBJECT: CREW LIST VISAS, WAIVER OF PERSONAL APPEARANCE, AND
FACILITATON OF INDIVIDUAL C-1/D APPLICATIONS

REF: A) STATE 136100 B) 9 FAM 41.101 N2.2 C) 9 FAM 41.41 N1.6

1. SUMMARY: The Department's proposal to eliminate the crew
list visa and require all crewmen to obtain individual visas is
in the final stages of the interagency clearance process. The
final rule will take effect 60 days after it is published in the
Federal Register. In the meantime, the Department will grant a
temporary exception to the policy on waiver of personal
appearance (reftel) to accommodate crew list applicants. Posts
are also strongly encouraged to facilitate applications from
individual seamen, including those who are unable to apply in
their countries of residence.

2. On December 13, 2002 the Department published in the
Federal Register a proposed rule with request for comments that
would amend 22 CFR 41.42 to eliminate the provision that
provides for the issuance of crew list visas. The proposal was
made because the Department views the crew list visa as a
security vulnerability as crew list applicants do not submit the
same primary identification documents nor do they receive the
same scrutiny as other nonimmigrant visa applicants. The 60-day
comment period ended on February 11, 2003. After evaluating the
comments received from the public, the Department determined to
proceed with a final rule eliminating the crew list visa. That
final rule is now undergoing interagency clearance. The rule is
written to go into effect 60 days after it is published in the
Federal Register to provide all concerned parties adequate legal
notice to comply with the new regulations.

3. In drafting the new regulation revising personal appearance
waiver (PAW) guidelines for all nonimmigrant visa applicants, we
neglected to address a Deputy Assistant Secretary (DAS)-granted
exception under the provisions allowing waiver of personal
appearance for crew list applicants. We anticipated that the
crew list final rule would be published prior to the PAW
regulation, thereby obviating any need to address crew lists in
the PAW regulation. As there is not yet a final rule
eliminating crew list visas, the Deputy Assistant Secretary for
Visa Services has decided to grant an exception to the personal
appearance requirement for crew list applicants. This interim
exception will expire when the proposed final rule takes effect,
i.e., 60 days after publication of the rule.

4. All posts are strongly encouraged to accommodate seamen
applying for individual C-1/D or D visas, especially once the
final rule is published. The maritime industry and a number of
foreign governments have expressed concern that elimination of
the crew list visa will disrupt international shipping and cause
many seamen to be confined on board ship during U.S. port visits
because seamen will be unable to obtain visas outside of their
home countries. Many seamen spend long periods of time on board
ship and do not return to their home countries for many months,
sometimes years; in many cases, a seaman's only opportunity to
apply for a visa will be during a brief visit to a port city
outside of his or her home country. Posts should make every
effort to accommodate in a timely fashion applications from
seamen who are not resident in the consular district, especially
during the first year after the final rule is published. Posts
are reminded of the following provisions of 9 FAM 41.101 N2.2,
Alien who is Physically Present but Not Resident in a Consular
District:

"a. 22 CFR 41.101(a) permits an alien to apply for
nonimmigrant visa issuance outside his or her home district at
any consular district when physically present therein. While 22
CFR 41.101(a) gives consular officers discretionary authority to
reject applications by persons who are physically present in but
not residents of the consular district, the Department expects
that such authority will seldom if ever be used.

b. For example, the applicant might find it more practical
to apply at the nearest consular office if return to the home
district would be long and costly."

Posts, especially those in major port cities, should inform
CA/VO/F/P and CA/EX if they anticipate or begin to see large
numbers of out-of-district applications for D visas and require
additional resources to handle them.

5. Seamen applying in their home countries should also be
accommodated as much as possible. The Department reminds posts
that 9 FAM 41.41 N1.6 provides that, "A crewman may be issued a
D visa although not so employed at the time of application."
Some shipping agencies have reported that some consular officers
insist that applicants for crew visas present not only proof of
employment on a particular vessel but an itinerary that includes
U.S. ports. There is, however, no requirement that applicants
have specific itineraries. The cargo shipping industry in
particular is characterized by last minute determinations of
itinerary. Applicants should be evaluated based on factors such
as individual credentials and travel history and not routinely
required to submit specific itineraries.

6. Department thanks posts for their assistance.

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