[Federal Register: June 2, 1999 (Volume 64, Number 105)] [Notices] [Page 29731-29732] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr02jn99-105] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF STATE [Public Notice No. 3056] Bureau of Economic and Business Affairs; Guidelines Implementing Title XXII, Section 2225(a) of the Foreign Affairs Reform and Restructuring Act of 1998 AGENCY: Bureau of Economic and Business Affairs. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Section 2225(a), of the Foreign Affairs Reform and Restructuring Act of 1998 (``Act''), provides that Except as otherwise provided in section 401 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (Public Law 104- 114), and subject to subsection (b), the Secretary of State may deny the issuance of a visa to any alien who-- (1) through the abuse of position, including a governmental or political party position, converts or has converted for personal gain real property that has been confiscated or expropriated, a claim to which is owned by a national of the United States, or who is complicit in such a conversion; or (2) induces any of the actions or omissions described in paragraph (1) by any person. The following guidelines will be used by the Department of State for the purpose of implementing Sec. 2225 of the Act. EFFECTIVE DATE: This notice is effective on June 2, 1999. FOR FURTHER INFORMATION CONTACT: Robert Watts, Office of Investment Affairs, Bureau of Economic and Business Affairs, Department of State, 2201 C Street, NW, Washington, D.C. 20520, 202-736-4012. SUPPLEMENTARY INFORMATION: Department of State Guidelines for Implementation of Title XXII, Section 2225 of the Foreign Affairs Reform and Restructuring Act of 1998. 1. Purpose and Authority. These guidelines will be used by the Department of State (``Department'') for the purpose of implementing Section 2225 of the Foreign Affairs Reform and Restructuring Act of 1998, P.L. 105-277, and other applicable legislation as appropriate. 2. Delegation of Authority. The Secretary of State has delegated authority to the Assistant Secretary of State for Economic and Business Affairs to make determinations under section 2225(a) of the Act, in consultation with the Assistant Secretary of State for the regional bureau or bureaus with jurisdiction over the country where the confiscation or expropriation took place and the country of which the alien who is to be denied a visa is a national, and others as appropriate. 3. Point of Contact. The Office of Investment Affairs in the Bureau of Economic and Business Affairs at the Department is the central point of contact for all inquiries about implementation of Sec. 2225 of the Act. The Office may be contacted in Room 3336, U.S. Department of State, Washington, DC 20520; telephone number 202-736-4012. 4. Collection of Information: a. The Department will collect information from available sources on whether property abroad, a claim to which is owned by a U.S. national, has been confiscated or expropriated and converted for personal gain by a person in a position covered by the Act. U.S. Embassies will also collect information and provide information and recommendations to the responsible bureaus in the Department of State [[Page 29732]] concerning activities relevant to Section 2225. b. As appropriate, the Department will request claimants to provide additional information related to ownership and confiscation or expropriation of the property concerned. c. The Department will consult as appropriate with other agencies of the U.S. government regarding the identity persons whose actions may be covered by Sec. 2225(a)(1) or Sec. 2225(a)(2). 5. Determinations under Section 2225. Determinations under Section 2225 will be made when facts or circumstances exist that lead the Department to conclude that a person has committed an act covered by Sec. 2225(a)(1) or Sec. 2225(a)(2). 6. Prior Notification: a. An alien who is the subject of a determination under Sec. 2225 will be sent notification by registered mail that his/her name will be entered in the appropriate consular visa and immigration lookout systems, and that he/she will be denied a visa upon application and/or have his/her visa revoked, 45 days after the date of the notification letter. The Department may inform the government of the alien's country of nationality in confidence through diplomatic channels of the pending action. b. If no information is received within the 45 day period above that leads the Department to conclude that the person should not be denied a visa pursuant to Sec. 2225(a), the Department will enter the alien's name, including the names of the alien's agents, if applicable, in the appropriate consular visa and immigration lookout systems. Any then-pending visa application from the named alien will be denied, and any visa previously issued to the alien will be revoked in accordance with law. 7. Review of Determinations: The Department may review a determination made under Section 2225 at any time, as appropriate in its discretion. 8. Exceptions: Section 2225 subsection (a) will not be applied to property in (1) any country established by international mandate through the United Nations; or (2) any territory recognized by the United States Government to be in dispute. 9. Relationship to Section 527 of P.L. 103-236: This section supplements Section 527 of the 1994-1995 Foreign Relations Authorization Act, P.L. 103-326 (April 30, 1994), and is not meant to revise or otherwise detract from the substantive requirements of that section of law. Dated: May 27, 1999. Wesley S. Scholz, Director, Office of Investment Affairs. [FR Doc. 99-13953 Filed 6-1-99; 8:45 am] BILLING CODE 4710-07-P