Department of State 2005 – Federal Register Recent Federal Regulation Documents

In accordance with Sections 3 and 6 of the Clean Diamond Trade Act of 2003 (Public Law 108-19) and Section 2 of Executive Order 13312 of July 29, 2003, the Department of State is identifying all the Participants eligible for trade in rough diamonds under the Act, and their respective Importing and Exporting Authorities, and revising the previously published list of August 22, 2005 (70 FR 49006-49007)

This rule amends the passport regulations to incorporate changes related to introduction of the electronic passport. The rule defines ``electronic passport,'' includes a damaged electronic chip as an additional basis for possible invalidation of a passport and provides for no fee issuance of a replacement passport if an electronic chip fails.

This rule implements Section 105 of the Trafficking Victims Protection Act of 2000, as amended by the Trafficking Victims Protection Reauthorization Act of 2003. In particular, this rule establishes guidelines to carry out the sharing of information on all matters relating to grants, grant policies, or other significant actions regarding the international trafficking in persons, to the extent permitted by law. The intended effect of this rule is to enhance interagency communication on policies and programs that address international trafficking in persons.

The Department of State is seeking Office of Management and Budget (OMB) approval for the information collections described below. The purpose of this notice is to allow 60 days for public comment in the Federal Register preceding submission to OMB. We are conducting this process in accordance with the Paperwork Reduction Act of 1995. Title of Information Collection: Request for an Advisory Opinion. OMB Control Number: None. Type of Request: New Collection. Originating Office: Bureau of Political-Military Affairs, Directorate of Defense Trade Controls, (PM/DDTC). Form Number: DS-6001. Respondents: Business organizations. Estimated Number of Respondents: 250. Estimated Number of Responses: 250. Average Hours Per Response: 1 hour. Total Estimated Burden: 250 hours. Frequency: On Occasion. Obligation to Respond: Mandatory. Title of Information Collection: Prior Notification (22 CFR 126.8). OMB Control Number: None. Type of Request: New Collection. Originating Office: Bureau of Political-Military Affairs, Directorate of Defense Trade Controls, (PM/DDTC). Form Number: DS-6002. Respondents: Business organizations. Estimated Number of Respondents: 15. Estimated Number of Responses: 15. Average Hours Per Response: 1 hour. Total Estimated Burden: 15 hours. Frequency: On Occasion. Obligation to Respond: Mandatory. Title of Information Collection: Request for Reconsideration of Unclassified Proviso(s). OMB Control Number: None. Type of Request: New Collection. Originating Office: Bureau of Political-Military Affairs, Directorate of Defense Trade Controls, (PM/DDTC). Form Number: DS-6003. Respondents: Business organizations. Estimated Number of Respondents: 100. Estimated Number of Responses: 200 (respondents may submit more than one response). Average Hours Per Response: 1 hour. Total Estimated Burden: 200 hours. Frequency: On Occasion. Obligation to Respond: Mandatory. Title of Information Collection: Request to Change End User, End Use and/or Destination of Hardware. OMB Control Number: None. Type of Request: New Collection. Originating Office: Bureau of Political-Military Affairs, Directorate of Defense Trade Controls, (PM/DDTC). Form Number: DS-6004. Respondents: Business organizations. Estimated Number of Respondents: 300. Estimated Number of Responses: 650 (respondents may submit more than one response). Average Hours Per Response: 1 hour. Total Estimated Burden: 650 hours. Frequency: On Occasion. Obligation to Respond: Mandatory.

The Department of State is seeking Office of Management and Budget (OMB) approval for the information collection described below. The purpose of this notice is to allow 60 days for public comment in the Federal Register preceding submission to OMB. We are conducting this process in accordance with the Paperwork Reduction Act of 1995. Title of Information Collection: Statement of Non-Receipt of A Passport OMB Control Number: 1405-0146 Type of Request: Extension of the currently approved collection Originating Office: Bureau of Consular Affairs, Department of State, Passport Services, Office of Field Operations, Field Coordination Division. CA/PPT/FO/FC. Form Number: DS-86 Respondents: Individuals or Households Estimated Number of Respondents: 23,500 Estimated Number of Responses: 23,500 Average Hours Per Response: 1/12 hr. (5 min.) Total Estimated Burden: 2,000 hours annually Frequency: On occasion Obligation to Respond: Required to Obtain a Benefit

Notice is hereby given that the Department of State has imposed statutory debarment pursuant to Section 127.7(c) of the International Traffic in Arms Regulations (``ITAR'') (22 CFR Parts 120 to 130) on persons convicted of violating or conspiring to violate Section 38 of the Arms Export Control Act (``AECA'') (22 U.S.C. 2778).

Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, and Delegation of Authority No. 236 of October 19, 1999, as amended, and Delegation of Authority No. 257 of April 15, 2003 [68 FR 19875], I hereby determine that the objects to be included in the exhibition ``Saint Peter and the Vatican: The Legacy of the Popes,'' imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to a loan agreement with the foreign lender. I also determine that the exhibition or display of the exhibit objects at The Gallery at the Henry B. Gonzales Convention Center, San Antonio, TX from on or about October 15, 2005 to on or about January 8, 2006, The Milwaukee Public Museum from on or about February 4, 2006 to on or about May 7, 2006, and at possible additional venues yet to be determined, is in the national interest. Public Notice of these determinations is ordered to be published in the Federal Register. For further information contact: For further information, including a list of the exhibit objects, contact Carol B. Epstein, Attorney- Adviser, Office of the Legal Adviser, Department of State, (telephone: 202 453-8048). The address is Department of State, SA-44, 301 4th Street, SW., Room 700, Washington, DC 20547-0001.

The Department of State has submitted the following information collection request to the Office of Management and Budget (OMB) for approval in accordance with the Paperwork Reduction Act of 1995. Title of Information Collection: Training Registration (for non-U.S. Government Persons). OMB Control Number: 1405-0145. Type of Request: Extension of a Currently Approved Collection. Originating Office: Foreign Service Institute (FSI). Form Number: DS-3083. Respondents: Respondents are non-U.S. government persons and/or their eligible family members, authorized by Public Law 105-277 to receive training delivered by the Foreign Service Institute on a reimbursable or advance of funds basis. Estimated Number of Respondents: 200. Estimated Number of Responses: 200. Average Hours per Response: 0.5. Total Estimated Burden: 100. Frequency: On occasion. Obligation to Respond: Required To Obtain or Retain a Benefit.

The Department of State and the Office of the United States Trade Representative (USTR) are providing notice that, as set forth in Chapter 19 (Environment) of the U.S.-Chile Free Trade Agreement (FTA), the tow governments intend to hold the second meeting of the Environment Affairs Council (the ``Council'') in Washington, DC on October 24, 2005. U.S. Deputy Assistant Secretary Claudia McMurray and Chilean Under Secretary Rodrigo Egana will jointly chair the Council meeting. The purpose of this meeting is detailed below under SUPPLEMENTARY INFORMATION. In this notice, the Department of state and USTR are requesting: (1) Written comments from the public regarding agenda items for the Council meeting; (2) written comments regarding the implementation of the eight cooperative projects listed in Annex 19.3 of Chapter 19 (Environment) of the FTA, particularly Reducing Mining Pollution and Sharing Private Sector Expertise (in the initial implementation stages); (3) written comments regarding implementation of Chapter 19's framework for public participation; and (4) written suggestions for future bilateral environmental cooperation between the United States and the Republic of Chile. A joint public session will be held immediately following the Council meeting. The purpose of this public session is detailed below under SUPPLEMENTARY INFORMATION. In preparing comments, the public is encouraged to refer to: The environment chapter of the U.S.-Chile Free Trade Agreement and Annex 19.3, available at:https:// www. ustr. gov / assets / Trade Agreements / Bilateral / Chile FTA / Final Texts / asset upload file 482 401.3.pdf; The U.S.-Chile Environmental Cooperation Agreement, available at:https://www.state.gov/goes/rls/or/22185.html and The Final Environment Review of the U.S.-Chile Free Trade Agreement, available at: https://www.ustr.gov/assets/TradeAgreements/ Bilateral/ChileFTA/ assetuploadfile 4115109.pdf.

Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 [79 Stat. 985; 22 U.S.C. 2459], Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 [112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.], Delegation of Authority No. 234 of October 1, 1999 [64 FR 56014], Delegation of Authority No. 236 of October 19, 1999 [64 FR 57920], as amended, and Delegation of Authority No. 257 of April 15, 2003 [68 FR 19875], I hereby determine that the objects to be included in the exhibition, ``Elizabeth Murray,'' imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to loan agreements with the foreign lenders. I also determine that the exhibition or display of the exhibit objects at the Museum of Modern Art, New York, New York, from on or about October 23, 2005, to on or about January 9, 2006, and at possible additional venues yet to be determined, is in the national interest. Public Notice of these determinations is ordered to be published in the Federal Register.

Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 [79 Stat. 985; 22 U.S.C. 2459], Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 [112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.], Delegation of Authority No. 234 of October 1, 1999 [64 FR 56014], Delegation of Authority No. 236 of October 19, 1999 [64 FR 57920], as amended, and Delegation of Authority No. 257 of April 15, 2003 [68 FR 19875], I hereby determine that the object to be included in the exhibition, ``Ewer,'' imported from abroad for temporary exhibition within the United States, is of cultural significance. The object is imported pursuant to a loan agreement with the foreign lender. I also determine that the exhibition or display of the exhibit object at the Metropolitan Museum of Art, New York, New York, from on or about September 30, 2005, to on or about September 30, 2006, and at possible additional venues yet to be determined, is in the national interest. Public Notice of these determinations is ordered to be published in the Federal Register.

On January 31, 2005, Notice was published on page 4913 of the Federal Register (Volume 70, Number 19) by the Department of State pertaining to the exhibition ``Fra Angelico.'' The referenced Notice is hereby corrected to include eight additional loans imported from abroad for temporary exhibition within the United States, which I hereby determine are of cultural significance. The objects are imported pursuant to a loan agreement with the foreign lenders. I also determine that the exhibition or display of the exhibit objects at The Metropolitan Museum of Art, New York, NY from on or about October 25, 2005 to on or about January 29, 2006, and at possible additional venues yet to be determined, is in the national interest. Public Notice of these determinations is ordered to be published in the Federal Register.

Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, and Delegation of Authority No. 236 of October 19, 1999, as amended, and Delegation of Authority No. 257 of April 15, 2003 [68 FR 19875], I hereby determine that the objects to be included in the exhibition ``Memling's Portraits,'' imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to a loan agreement with the foreign lenders. I also determine that the exhibition or display of the exhibit objects at The Frick Collection, New York, NY from on or about October 12, 2005 to on or about December 31, 2005, and at possible additional venues yet to be determined, is in the national interest. Public Notice of these determinations is ordered to be published in the Federal Register.

The Department of State is seeking Office of Management and Budget (OMB) approval for the information collection described below. The purpose of this notice is to allow 60 days for public comment in the Federal Register preceding submission to OMB. We are conducting this process in accordance with the Paperwork Reduction Act of 1995. Title of Information Collection: Statement Regarding a Lost or Stolen Passport. OMB Control Number: 1405-0014. Type of Request: Revision of a Currently Approved Collection. Originating Office: CA/PPT/FO/FC. Form Number: DS-64. Respondents: Individuals or Households. Estimated Number of Respondents: 105,000. Estimated Number of Responses: 105,000. Average Hours per Response: \1/12\ hour. (five minutes). Total Estimated Burden: 8,800. Frequency: On occasion. Obligation To Respond: Voluntary.

Under the Immigration and Nationality Act (INA), nonimmigrant aliens and United States citizens are generally required to present passports to enter the United States. The Secretary of Homeland Security and the Secretary of State have the joint authority to waive this requirement for nonimmigrant aliens under certain circumstances and the Secretary of State has the authority to make exceptions to the requirement for United States citizens. In accordance with those authorities, current regulations permit United States citizens and nonimmigrant aliens from Canada, Bermuda and Mexico to enter the United States from certain Western Hemisphere countries without presenting a passport. On December 17, 2004, the President signed the Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA). Section 7209 of this statute limits the Secretaries' discretion to waive or to make exceptions to the passport requirements under the INA and expressly provides that, by January 1, 2008, United States citizens and nonimmigrant aliens may enter the United States only with passports or such alternatives as the Secretary of Homeland Security may designate as satisfactorily establishing identity and citizenship. In the future, as a result of the implementation of the new statute, travel to the United States by United States citizens and others from the Western Hemisphere will require a passport or acceptable alternative documents in circumstances where travel was previously permitted without such documents. Section 7209 directs that the Secretary of Homeland Security, in consultation with the Secretary of State, develop and implement a plan relating to the new requirements ``as expeditiously as possible.'' The statute provides that this plan shall be implemented no later than January 1, 2008. The Secretary of Homeland Security, in consultation with the Secretary of State, will be deciding how to implement the new law. This Advance Notice of Proposed Rulemaking announces the rulemakings that are expected to implement the new law, invites comments on the possible means of implementation and specifically invites comments on the documents other than passports that should be accepted under section 7209 as sufficient to establish citizenship and identity.

This rule amends the International Traffic in Arms Regulations (ITAR) by modifying the denial policy regarding the Democratic Republic of the Congo (DRC) at 22 CFR 126.1. This action is taken in accordance with UN Security Council Resolution (UNSCR) 1596, unanimously adopted on April 18, 2005, which imposed a nation-wide embargo on arms sales or transfers to any recipient in the DRC. It represents an expansion of the policy issued under UNSCR 1493, which on July 28, 2003, imposed an embargo on the sale of arms, related materials, and defense services in the provinces of North and South Kivu and the Ituri District in the DRC.

The Department of State has submitted the following information collection request to the Office of Management and Budget (OMB) for approval in accordance with the Paperwork Reduction Act of 1995. Title of Information Collection: Fulbright Teacher Exchange Program Application Package. OMB Control Number: 1405-0114. Type of Request: Extension of a currently approved collection. Originating Office: Office of Global Educational Programs (ECA/A/S). Form Numbers: DS-4502. Respondents: Educators desiring to participate in the Fulbright Teacher Exchange Program. Estimated Number of Respondents: 950. Estimated Number of Responses: 950. Average Hours Per Response: 3. Total Estimated Burden: 2850. Frequency: On occasion. Obligation to Respond: Required to obtain or retain a benefit.

On June 2, 2005, notice was published on page 32392 of the Federal Register (volume 70, number 105) of determinations made by the Department of State pertaining to the exhibitions ``Mummy: the inside story'' and ``Treasures of Ancient Art from the British Museum.'' The referenced notice is corrected as to additional objects to be included in the the exhibition ``Mummy: the inside story.'' Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236 of October 19, 1999, as amended, and Delegation of Authority No. 257 of April 15, 2003 [68 FR 19875], I hereby determine that the additional objects to be included in the exhibition ``Mummy: the inside story'', imported from abroad for temporary exhibition within the United States, are of cultural significance. The additional objects are imported pursuant to loan agreements with the foreign owners. I also determine that the exhibition or display of the additional exhibit objects at the Houston Museum of Natural Science, Houston, TX, from on or about September 30, 2005, until on or about February 12, 2006 (with one object remaining for longer-term exhibit), at the Gulf Coast Exploreum, Mobile, AL, from on or about March 8, 2006, until on or about August 4, 2006, and at possible additional venues yet to be determined, is in the national interest. Public Notice of these Determinations is ordered to be published in the Federal Register.

Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236 of October 19, 1999, as amended, and Delegation of Authority No. 257 of April 15, 2003 [68 FR 19875], I hereby determine that the objects to be included in the exhibition ``Hesse: A Princely German Collection'', imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to loan agreements with the foreign owners. I also determine that the exhibition or display of the exhibit objects at the Portland Art Museum, from on or about October 29, 2005, until on or about March 19, 2006, and at possible additional venues yet to be determined, is in the national interest. Public Notice of these Determinations is ordered to be published in the Federal Register.