Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats, 45161-45172 [2017-20899]

Agencies

• Executive Office of the President

[Federal Register Volume 82, Number 186 (Wednesday, September 27, 2017)]
[Presidential Documents]
[Pages 45161-45172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20899]




                        Presidential Documents 



Federal Register / Vol. 82 , No. 186 / Wednesday, September 27, 2017 
/ Presidential Documents

[[Page 45161]]


                Proclamation 9645 of September 24, 2017

                
Enhancing Vetting Capabilities and Processes for 
                Detecting Attempted Entry Into the United States by 
                Terrorists or Other Public-Safety Threats

                By the President of the United States of America

                A Proclamation

                In Executive Order 13780 of March 6, 2017 (Protecting 
                the Nation from Foreign Terrorist Entry into the United 
                States), on the recommendations of the Secretary of 
                Homeland Security and the Attorney General, I ordered a 
                worldwide review of whether, and if so what, additional 
                information would be needed from each foreign country 
                to assess adequately whether their nationals seeking to 
                enter the United States pose a security or safety 
                threat. This was the first such review of its kind in 
                United States history. As part of the review, the 
                Secretary of Homeland Security established global 
                requirements for information sharing in support of 
                immigration screening and vetting. The Secretary of 
                Homeland Security developed a comprehensive set of 
                criteria and applied it to the information-sharing 
                practices, policies, and capabilities of foreign 
                governments. The Secretary of State thereafter engaged 
                with the countries reviewed in an effort to address 
                deficiencies and achieve improvements. In many 
                instances, those efforts produced positive results. By 
                obtaining additional information and formal commitments 
                from foreign governments, the United States Government 
                has improved its capacity and ability to assess whether 
                foreign nationals attempting to enter the United States 
                pose a security or safety threat. Our Nation is safer 
                as a result of this work.

                Despite those efforts, the Secretary of Homeland 
                Security, in consultation with the Secretary of State 
                and the Attorney General, has determined that a small 
                number of countries--out of nearly 200 evaluated--
                remain deficient at this time with respect to their 
                identity-management and information-sharing 
                capabilities, protocols, and practices. In some cases, 
                these countries also have a significant terrorist 
                presence within their territory.

                As President, I must act to protect the security and 
                interests of the United States and its people. I am 
                committed to our ongoing efforts to engage those 
                countries willing to cooperate, improve information-
                sharing and identity-management protocols and 
                procedures, and address both terrorism-related and 
                public-safety risks. Some of the countries with 
                remaining inadequacies face significant challenges. 
                Others have made strides to improve their protocols and 
                procedures, and I commend them for these efforts. But 
                until they satisfactorily address the identified 
                inadequacies, I have determined, on the basis of 
                recommendations from the Secretary of Homeland Security 
                and other members of my Cabinet, to impose certain 
                conditional restrictions and limitations, as set forth 
                more fully below, on entry into the United States of 
                nationals of the countries identified in section 2 of 
                this proclamation.

                NOW, THEREFORE, I, DONALD J. TRUMP, by the authority 
                vested in me by the Constitution and the laws of the 
                United States of America, including sections 212(f) and 
                215(a) of the Immigration and Nationality Act (INA), 8 
                U.S.C. 1182(f) and 1185(a), and section 301 of title 3, 
                United States Code, hereby find that, absent the 
                measures set forth in this proclamation, the immigrant 
                and nonimmigrant entry into the United States of 
                persons described in section 2 of this proclamation 
                would be detrimental to the

[[Page 45162]]

                interests of the United States, and that their entry 
                should be subject to certain restrictions, limitations, 
                and exceptions. I therefore hereby proclaim the 
                following:

                Section 1. Policy and Purpose. (a) It is the policy of 
                the United States to protect its citizens from 
                terrorist attacks and other public-safety threats. 
                Screening and vetting protocols and procedures 
                associated with visa adjudications and other 
                immigration processes play a critical role in 
                implementing that policy. They enhance our ability to 
                detect foreign nationals who may commit, aid, or 
                support acts of terrorism, or otherwise pose a safety 
                threat, and they aid our efforts to prevent such 
                individuals from entering the United States.

                    (b) Information-sharing and identity-management 
                protocols and practices of foreign governments are 
                important for the effectiveness of the screening and 
                vetting protocols and procedures of the United States. 
                Governments manage the identity and travel documents of 
                their nationals and residents. They also control the 
                circumstances under which they provide information 
                about their nationals to other governments, including 
                information about known or suspected terrorists and 
                criminal-history information. It is, therefore, the 
                policy of the United States to take all necessary and 
                appropriate steps to encourage foreign governments to 
                improve their information-sharing and identity-
                management protocols and practices and to regularly 
                share identity and threat information with our 
                immigration screening and vetting systems.
                    (c) Section 2(a) of Executive Order 13780 directed 
                a ``worldwide review to identify whether, and if so 
                what, additional information will be needed from each 
                foreign country to adjudicate an application by a 
                national of that country for a visa, admission, or 
                other benefit under the INA (adjudications) in order to 
                determine that the individual is not a security or 
                public-safety threat.'' That review culminated in a 
                report submitted to the President by the Secretary of 
                Homeland Security on July 9, 2017. In that review, the 
                Secretary of Homeland Security, in consultation with 
                the Secretary of State and the Director of National 
                Intelligence, developed a baseline for the kinds of 
                information required from foreign governments to 
                support the United States Government's ability to 
                confirm the identity of individuals seeking entry into 
                the United States as immigrants and nonimmigrants, as 
                well as individuals applying for any other benefit 
                under the immigration laws, and to assess whether they 
                are a security or public-safety threat. That baseline 
                incorporates three categories of criteria:

(i) Identity-management information. The United States expects foreign 
governments to provide the information needed to determine whether 
individuals seeking benefits under the immigration laws are who they claim 
to be. The identity-management information category focuses on the 
integrity of documents required for travel to the United States. The 
criteria assessed in this category include whether the country issues 
electronic passports embedded with data to enable confirmation of identity, 
reports lost and stolen passports to appropriate entities, and makes 
available upon request identity-related information not included in its 
passports.

(ii) National security and public-safety information. The United States 
expects foreign governments to provide information about whether persons 
who seek entry to this country pose national security or public-safety 
risks. The criteria assessed in this category include whether the country 
makes available, directly or indirectly, known or suspected terrorist and 
criminal-history information upon request, whether the country provides 
passport and national-identity document exemplars, and whether the country 
impedes the United States Government's receipt of information about 
passengers and crew traveling to the United States.

(iii) National security and public-safety risk assessment. The national 
security and public-safety risk assessment category focuses on national 
security risk indicators. The criteria assessed in this category include 
whether the country is a known or potential terrorist safe haven, whether 
it is

[[Page 45163]]

a participant in the Visa Waiver Program established under section 217 of 
the INA, 8 U.S.C. 1187, that meets all of its requirements, and whether it 
regularly fails to receive its nationals subject to final orders of removal 
from the United States.

                    (d) The Department of Homeland Security, in 
                coordination with the Department of State, collected 
                data on the performance of all foreign governments and 
                assessed each country against the baseline described in 
                subsection (c) of this section. The assessment focused, 
                in particular, on identity management, security and 
                public-safety threats, and national security risks. 
                Through this assessment, the agencies measured each 
                country's performance with respect to issuing reliable 
                travel documents and implementing adequate identity-
                management and information-sharing protocols and 
                procedures, and evaluated terrorism-related and public-
                safety risks associated with foreign nationals seeking 
                entry into the United States from each country.
                    (e) The Department of Homeland Security evaluated 
                each country against the baseline described in 
                subsection (c) of this section. The Secretary of 
                Homeland Security identified 16 countries as being 
                ``inadequate'' based on an analysis of their identity-
                management protocols, information-sharing practices, 
                and risk factors. Thirty-one additional countries were 
                classified ``at risk'' of becoming ``inadequate'' based 
                on those criteria.
                    (f) As required by section 2(d) of Executive Order 
                13780, the Department of State conducted a 50-day 
                engagement period to encourage all foreign governments, 
                not just the 47 identified as either ``inadequate'' or 
                ``at risk,'' to improve their performance with respect 
                to the baseline described in subsection (c) of this 
                section. Those engagements yielded significant 
                improvements in many countries. Twenty-nine countries, 
                for example, provided travel document exemplars for use 
                by Department of Homeland Security officials to combat 
                fraud. Eleven countries agreed to share information on 
                known or suspected terrorists.
                    (g) The Secretary of Homeland Security assesses 
                that the following countries continue to have 
                ``inadequate'' identity-management protocols, 
                information-sharing practices, and risk factors, with 
                respect to the baseline described in subsection (c) of 
                this section, such that entry restrictions and 
                limitations are recommended: Chad, Iran, Libya, North 
                Korea, Syria, Venezuela, and Yemen. The Secretary of 
                Homeland Security also assesses that Iraq did not meet 
                the baseline, but that entry restrictions and 
                limitations under a Presidential proclamation are not 
                warranted. The Secretary of Homeland Security 
                recommends, however, that nationals of Iraq who seek to 
                enter the United States be subject to additional 
                scrutiny to determine if they pose risks to the 
                national security or public safety of the United 
                States. In reaching these conclusions, the Secretary of 
                Homeland Security considered the close cooperative 
                relationship between the United States and the 
                democratically elected government of Iraq, the strong 
                United States diplomatic presence in Iraq, the 
                significant presence of United States forces in Iraq, 
                and Iraq's commitment to combating the Islamic State of 
                Iraq and Syria (ISIS).
                    (h) Section 2(e) of Executive Order 13780 directed 
                the Secretary of Homeland Security to ``submit to the 
                President a list of countries recommended for inclusion 
                in a Presidential proclamation that would prohibit the 
                entry of appropriate categories of foreign nationals of 
                countries that have not provided the information 
                requested until they do so or until the Secretary of 
                Homeland Security certifies that the country has an 
                adequate plan to do so, or has adequately shared 
                information through other means.'' On September 15, 
                2017, the Secretary of Homeland Security submitted a 
                report to me recommending entry restrictions and 
                limitations on certain nationals of 7 countries 
                determined to be ``inadequate'' in providing such 
                information and in light of other factors discussed in 
                the report. According to the report, the recommended 
                restrictions would help address the threats that the 
                countries' identity-management protocols, information-
                sharing inadequacies, and other risk factors pose to 
                the security and welfare of the United

[[Page 45164]]

                States. The restrictions also encourage the countries 
                to work with the United States to address those 
                inadequacies and risks so that the restrictions and 
                limitations imposed by this proclamation may be relaxed 
                or removed as soon as possible.

(i) In evaluating the recommendations of the Secretary of Homeland Security 
and in determining what restrictions to impose for each country, I 
consulted with appropriate Assistants to the President and members of the 
Cabinet, including the Secretaries of State, Defense, and Homeland 
Security, and the Attorney General. I considered several factors, including 
each country's capacity, ability, and willingness to cooperate with our 
identity-management and information-sharing policies and each country's 
risk factors, such as whether it has a significant terrorist presence 
within its territory. I also considered foreign policy, national security, 
and counterterrorism goals. I reviewed these factors and assessed these 
goals, with a particular focus on crafting those country-specific 
restrictions that would be most likely to encourage cooperation given each 
country's distinct circumstances, and that would, at the same time, protect 
the United States until such time as improvements occur. The restrictions 
and limitations imposed by this proclamation are, in my judgment, necessary 
to prevent the entry of those foreign nationals about whom the United 
States Government lacks sufficient information to assess the risks they 
pose to the United States. These restrictions and limitations are also 
needed to elicit improved identity-management and information-sharing 
protocols and practices from foreign governments; and to advance foreign 
policy, national security, and counterterrorism objectives.

(ii) After reviewing the Secretary of Homeland Security's report of 
September 15, 2017, and accounting for the foreign policy, national 
security, and counterterrorism objectives of the United States, I have 
determined to restrict and limit the entry of nationals of 7 countries 
found to be ``inadequate'' with respect to the baseline described in 
subsection (c) of this section: Chad, Iran, Libya, North Korea, Syria, 
Venezuela, and Yemen. These restrictions distinguish between the entry of 
immigrants and nonimmigrants. Persons admitted on immigrant visas become 
lawful permanent residents of the United States. Such persons may present 
national security or public-safety concerns that may be distinct from those 
admitted as nonimmigrants. The United States affords lawful permanent 
residents more enduring rights than it does to nonimmigrants. Lawful 
permanent residents are more difficult to remove than nonimmigrants even 
after national security concerns arise, which heightens the costs and 
dangers of errors associated with admitting such individuals. And although 
immigrants generally receive more extensive vetting than nonimmigrants, 
such vetting is less reliable when the country from which someone seeks to 
emigrate exhibits significant gaps in its identity-management or 
information-sharing policies, or presents risks to the national security of 
the United States. For all but one of those 7 countries, therefore, I am 
restricting the entry of all immigrants.

(iii) I am adopting a more tailored approach with respect to nonimmigrants, 
in accordance with the recommendations of the Secretary of Homeland 
Security. For some countries found to be ``inadequate'' with respect to the 
baseline described in subsection (c) of this section, I am restricting the 
entry of all nonimmigrants. For countries with certain mitigating factors, 
such as a willingness to cooperate or play a substantial role in combatting 
terrorism, I am restricting the entry only of certain categories of 
nonimmigrants, which will mitigate the security threats presented by their 
entry into the United States. In those cases in which future cooperation 
seems reasonably likely, and accounting for foreign policy, national 
security, and counterterrorism objectives, I have tailored the restrictions 
to encourage such improvements.

                    (i) Section 2(e) of Executive Order 13780 also 
                provided that the ``Secretary of State, the Attorney 
                General, or the Secretary of Homeland Security may also 
                submit to the President the names of additional 
                countries for which

[[Page 45165]]

                any of them recommends other lawful restrictions or 
                limitations deemed necessary for the security or 
                welfare of the United States.'' The Secretary of 
                Homeland Security determined that Somalia generally 
                satisfies the information-sharing requirements of the 
                baseline described in subsection (c) of this section, 
                but its government's inability to effectively and 
                consistently cooperate, combined with the terrorist 
                threat that emanates from its territory, present 
                special circumstances that warrant restrictions and 
                limitations on the entry of its nationals into the 
                United States. Somalia's identity-management 
                deficiencies and the significant terrorist presence 
                within its territory make it a source of particular 
                risks to the national security and public safety of the 
                United States. Based on the considerations mentioned 
                above, and as described further in section 2(h) of this 
                proclamation, I have determined that entry 
                restrictions, limitations, and other measures designed 
                to ensure proper screening and vetting for nationals of 
                Somalia are necessary for the security and welfare of 
                the United States.
                    (j) Section 2 of this proclamation describes some 
                of the inadequacies that led me to impose restrictions 
                on the specified countries. Describing all of those 
                reasons publicly, however, would cause serious damage 
                to the national security of the United States, and many 
                such descriptions are classified.

                Sec. 2. Suspension of Entry for Nationals of Countries 
                of Identified Concern. The entry into the United States 
                of nationals of the following countries is hereby 
                suspended and limited, as follows, subject to 
                categorical exceptions and case-by-case waivers, as 
                described in sections 3 and 6 of this proclamation:

                    (a) Chad.

(i) The government of Chad is an important and valuable counterterrorism 
partner of the United States, and the United States Government looks 
forward to expanding that cooperation, including in the areas of 
immigration and border management. Chad has shown a clear willingness to 
improve in these areas. Nonetheless, Chad does not adequately share public-
safety and terrorism-related information and fails to satisfy at least one 
key risk criterion. Additionally, several terrorist groups are active 
within Chad or in the surrounding region, including elements of Boko Haram, 
ISIS-West Africa, and al-Qa'ida in the Islamic Maghreb. At this time, 
additional information sharing to identify those foreign nationals applying 
for visas or seeking entry into the United States who represent national 
security and public-safety threats is necessary given the significant 
terrorism-related risk from this country.

(ii) The entry into the United States of nationals of Chad, as immigrants, 
and as nonimmigrants on business (B-1), tourist (B-2), and business/tourist 
(B-1/B-2) visas, is hereby suspended.

                    (b) Iran.

(i) Iran regularly fails to cooperate with the United States Government in 
identifying security risks, fails to satisfy at least one key risk 
criterion, is the source of significant terrorist threats, and fails to 
receive its nationals subject to final orders of removal from the United 
States. The Department of State has also designated Iran as a state sponsor 
of terrorism.

(ii) The entry into the United States of nationals of Iran as immigrants 
and as nonimmigrants is hereby suspended, except that entry by such 
nationals under valid student (F and M) and exchange visitor (J) visas is 
not suspended, although such individuals should be subject to enhanced 
screening and vetting requirements.

                    (c) Libya.

(i) The government of Libya is an important and valuable counterterrorism 
partner of the United States, and the United States Government looks 
forward to expanding on that cooperation, including in the areas of 
immigration and border management. Libya, nonetheless, faces significant 
challenges in sharing several types of information, including public-safety

[[Page 45166]]

and terrorism-related information necessary for the protection of the 
national security and public safety of the United States. Libya also has 
significant inadequacies in its identity-management protocols. Further, 
Libya fails to satisfy at least one key risk criterion and has been 
assessed to be not fully cooperative with respect to receiving its 
nationals subject to final orders of removal from the United States. The 
substantial terrorist presence within Libya's territory amplifies the risks 
posed by the entry into the United States of its nationals.

(ii) The entry into the United States of nationals of Libya, as immigrants, 
and as nonimmigrants on business (B-1), tourist (B-2), and business/tourist 
(B-1/B-2) visas, is hereby suspended.

                    (d) North Korea.

(i) North Korea does not cooperate with the United States Government in any 
respect and fails to satisfy all information-sharing requirements.

(ii) The entry into the United States of nationals of North Korea as 
immigrants and nonimmigrants is hereby suspended.

                    (e) Syria.

(i) Syria regularly fails to cooperate with the United States Government in 
identifying security risks, is the source of significant terrorist threats, 
and has been designated by the Department of State as a state sponsor of 
terrorism. Syria has significant inadequacies in identity-management 
protocols, fails to share public-safety and terrorism information, and 
fails to satisfy at least one key risk criterion.

(ii) The entry into the United States of nationals of Syria as immigrants 
and nonimmigrants is hereby suspended.

                    (f) Venezuela.

(i) Venezuela has adopted many of the baseline standards identified by the 
Secretary of Homeland Security and in section 1 of this proclamation, but 
its government is uncooperative in verifying whether its citizens pose 
national security or public-safety threats. Venezuela's government fails to 
share public-safety and terrorism-related information adequately, fails to 
satisfy at least one key risk criterion, and has been assessed to be not 
fully cooperative with respect to receiving its nationals subject to final 
orders of removal from the United States. There are, however, alternative 
sources for obtaining information to verify the citizenship and identity of 
nationals from Venezuela. As a result, the restrictions imposed by this 
proclamation focus on government officials of Venezuela who are responsible 
for the identified inadequacies.

(ii) Notwithstanding section 3(b)(v) of this proclamation, the entry into 
the United States of officials of government agencies of Venezuela involved 
in screening and vetting procedures--including the Ministry of the Popular 
Power for Interior, Justice and Peace; the Administrative Service of 
Identification, Migration and Immigration; the Scientific, Penal and 
Criminal Investigation Service Corps; the Bolivarian National Intelligence 
Service; and the Ministry of the Popular Power for Foreign Relations--and 
their immediate family members, as nonimmigrants on business (B-1), tourist 
(B-2), and business/tourist (B-1/B-2) visas, is hereby suspended. Further, 
nationals of Venezuela who are visa holders should be subject to 
appropriate additional measures to ensure traveler information remains 
current.

                    (g) Yemen.

(i) The government of Yemen is an important and valuable counterterrorism 
partner, and the United States Government looks forward to expanding that 
cooperation, including in the areas of immigration and border management. 
Yemen, nonetheless, faces significant identity-management challenges, which 
are amplified by the notable terrorist presence within its territory. The 
government of Yemen fails to satisfy critical identity-management 
requirements, does not share public-safety and terrorism-related 
information adequately, and fails to satisfy at least one key risk 
criterion.

[[Page 45167]]

(ii) The entry into the United States of nationals of Yemen as immigrants, 
and as nonimmigrants on business (B-1), tourist (B-2), and business/tourist 
(B-1/B-2) visas, is hereby suspended.

                    (h) Somalia.

(i) The Secretary of Homeland Security's report of September 15, 2017, 
determined that Somalia satisfies the information-sharing requirements of 
the baseline described in section 1(c) of this proclamation. But several 
other considerations support imposing entry restrictions and limitations on 
Somalia. Somalia has significant identity-management deficiencies. For 
example, while Somalia issues an electronic passport, the United States and 
many other countries do not recognize it. A persistent terrorist threat 
also emanates from Somalia's territory. The United States Government has 
identified Somalia as a terrorist safe haven. Somalia stands apart from 
other countries in the degree to which its government lacks command and 
control of its territory, which greatly limits the effectiveness of its 
national capabilities in a variety of respects. Terrorists use under-
governed areas in northern, central, and southern Somalia as safe havens 
from which to plan, facilitate, and conduct their operations. Somalia also 
remains a destination for individuals attempting to join terrorist groups 
that threaten the national security of the United States. The State 
Department's 2016 Country Reports on Terrorism observed that Somalia has 
not sufficiently degraded the ability of terrorist groups to plan and mount 
attacks from its territory. Further, despite having made significant 
progress toward formally federating its member states, and its willingness 
to fight terrorism, Somalia continues to struggle to provide the governance 
needed to limit terrorists' freedom of movement, access to resources, and 
capacity to operate. The government of Somalia's lack of territorial 
control also compromises Somalia's ability, already limited because of poor 
recordkeeping, to share information about its nationals who pose criminal 
or terrorist risks. As a result of these and other factors, Somalia 
presents special concerns that distinguish it from other countries.

(ii) The entry into the United States of nationals of Somalia as immigrants 
is hereby suspended. Additionally, visa adjudications for nationals of 
Somalia and decisions regarding their entry as nonimmigrants should be 
subject to additional scrutiny to determine if applicants are connected to 
terrorist organizations or otherwise pose a threat to the national security 
or public safety of the United States.

                Sec. 3. Scope and Implementation of Suspensions and 
                Limitations. (a) Scope. Subject to the exceptions set 
                forth in subsection (b) of this section and any waiver 
                under subsection (c) of this section, the suspensions 
                of and limitations on entry pursuant to section 2 of 
                this proclamation shall apply only to foreign nationals 
                of the designated countries who:

(i) are outside the United States on the applicable effective date under 
section 7 of this proclamation;

(ii) do not have a valid visa on the applicable effective date under 
section 7 of this proclamation; and

(iii) do not qualify for a visa or other valid travel document under 
section 6(d) of this proclamation.

                    (b) Exceptions. The suspension of entry pursuant to 
                section 2 of this proclamation shall not apply to:

(i) any lawful permanent resident of the United States;

(ii) any foreign national who is admitted to or paroled into the United 
States on or after the applicable effective date under section 7 of this 
proclamation;

(iii) any foreign national who has a document other than a visa--such as a 
transportation letter, an appropriate boarding foil, or an advance parole 
document--valid on the applicable effective date under section 7 of this 
proclamation or issued on any date thereafter, that permits him or her to 
travel to the United States and seek entry or admission;

[[Page 45168]]

(iv) any dual national of a country designated under section 2 of this 
proclamation when the individual is traveling on a passport issued by a 
non-designated country;

(v) any foreign national traveling on a diplomatic or diplomatic-type visa, 
North Atlantic Treaty Organization visa, C-2 visa for travel to the United 
Nations, or G-1, G-2, G-3, or G-4 visa; or

(vi) any foreign national who has been granted asylum by the United States; 
any refugee who has already been admitted to the United States; or any 
individual who has been granted withholding of removal, advance parole, or 
protection under the Convention Against Torture.

                    (c) Waivers. Notwithstanding the suspensions of and 
                limitations on entry set forth in section 2 of this 
                proclamation, a consular officer, or the Commissioner, 
                United States Customs and Border Protection (CBP), or 
                the Commissioner's designee, as appropriate, may, in 
                their discretion, grant waivers on a case-by-case basis 
                to permit the entry of foreign nationals for whom entry 
                is otherwise suspended or limited if such foreign 
                nationals demonstrate that waivers would be appropriate 
                and consistent with subsections (i) through (iv) of 
                this subsection. The Secretary of State and the 
                Secretary of Homeland Security shall coordinate to 
                adopt guidance addressing the circumstances in which 
                waivers may be appropriate for foreign nationals 
                seeking entry as immigrants or nonimmigrants.

(i) A waiver may be granted only if a foreign national demonstrates to the 
consular officer's or CBP official's satisfaction that:

  (A) denying entry would cause the foreign national undue hardship;

  (B) entry would not pose a threat to the national security or public 
safety of the United States; and

  (C) entry would be in the national interest.

(ii) The guidance issued by the Secretary of State and the Secretary of 
Homeland Security under this subsection shall address the standards, 
policies, and procedures for:

  (A) determining whether the entry of a foreign national would not pose a 
threat to the national security or public safety of the United States;

  (B) determining whether the entry of a foreign national would be in the 
national interest;

  (C) addressing and managing the risks of making such a determination in 
light of the inadequacies in information sharing, identity management, and 
other potential dangers posed by the nationals of individual countries 
subject to the restrictions and limitations imposed by this proclamation;

  (D) assessing whether the United States has access, at the time of the 
waiver determination, to sufficient information about the foreign national 
to determine whether entry would satisfy the requirements of subsection (i) 
of this subsection; and

  (E) determining the special circumstances that would justify granting a 
waiver under subsection (iv)(E) of this subsection.

(iii) Unless otherwise specified by the Secretary of Homeland Security, any 
waiver issued by a consular officer as part of the visa adjudication 
process will be effective both for the issuance of a visa and for any 
subsequent entry on that visa, but will leave unchanged all other 
requirements for admission or entry.

(iv) Case-by-case waivers may not be granted categorically, but may be 
appropriate, subject to the limitations, conditions, and requirements set 
forth under subsection (i) of this subsection and the guidance issued under 
subsection (ii) of this subsection, in individual circumstances such as the 
following:

[[Page 45169]]

  (A) the foreign national has previously been admitted to the United 
States for a continuous period of work, study, or other long-term activity, 
is outside the United States on the applicable effective date under section 
7 of this proclamation, seeks to reenter the United States to resume that 
activity, and the denial of reentry would impair that activity;

  (B) the foreign national has previously established significant contacts 
with the United States but is outside the United States on the applicable 
effective date under section 7 of this proclamation for work, study, or 
other lawful activity;

  (C) the foreign national seeks to enter the United States for significant 
business or professional obligations and the denial of entry would impair 
those obligations;

  (D) the foreign national seeks to enter the United States to visit or 
reside with a close family member (e.g., a spouse, child, or parent) who is 
a United States citizen, lawful permanent resident, or alien lawfully 
admitted on a valid nonimmigrant visa, and the denial of entry would cause 
the foreign national undue hardship;

  (E) the foreign national is an infant, a young child or adoptee, an 
individual needing urgent medical care, or someone whose entry is otherwise 
justified by the special circumstances of the case;

  (F) the foreign national has been employed by, or on behalf of, the 
United States Government (or is an eligible dependent of such an employee), 
and the foreign national can document that he or she has provided faithful 
and valuable service to the United States Government;

  (G) the foreign national is traveling for purposes related to an 
international organization designated under the International Organizations 
Immunities Act (IOIA), 22 U.S.C. 288 et seq., traveling for purposes of 
conducting meetings or business with the United States Government, or 
traveling to conduct business on behalf of an international organization 
not designated under the IOIA;

  (H) the foreign national is a Canadian permanent resident who applies for 
a visa at a location within Canada;

  (I) the foreign national is traveling as a United States Government-
sponsored exchange visitor; or

  (J) the foreign national is traveling to the United States, at the 
request of a United States Government department or agency, for legitimate 
law enforcement, foreign policy, or national security purposes.

                Sec. 4. Adjustments to and Removal of Suspensions and 
                Limitations. (a) The Secretary of Homeland Security 
                shall, in consultation with the Secretary of State, 
                devise a process to assess whether any suspensions and 
                limitations imposed by section 2 of this proclamation 
                should be continued, terminated, modified, or 
                supplemented. The process shall account for whether 
                countries have improved their identity-management and 
                information-sharing protocols and procedures based on 
                the criteria set forth in section 1 of this 
                proclamation and the Secretary of Homeland Security's 
                report of September 15, 2017. Within 180 days of the 
                date of this proclamation, and every 180 days 
                thereafter, the Secretary of Homeland Security, in 
                consultation with the Secretary of State, the Attorney 
                General, the Director of National Intelligence, and 
                other appropriate heads of agencies, shall submit a 
                report with recommendations to the President, through 
                appropriate Assistants to the President, regarding the 
                following:

(i) the interests of the United States, if any, that continue to require 
the suspension of, or limitations on, the entry on certain classes of 
nationals of countries identified in section 2 of this proclamation and 
whether the restrictions and limitations imposed by section 2 of this 
proclamation should be continued, modified, terminated, or supplemented; 
and

[[Page 45170]]

(ii) the interests of the United States, if any, that require the 
suspension of, or limitations on, the entry of certain classes of nationals 
of countries not identified in this proclamation.

                    (b) The Secretary of State, in consultation with 
                the Secretary of Homeland Security, the Secretary of 
                Defense, the Attorney General, the Director of National 
                Intelligence, and the head of any other executive 
                department or agency (agency) that the Secretary of 
                State deems appropriate, shall engage the countries 
                listed in section 2 of this proclamation, and any other 
                countries that have information-sharing, identity-
                management, or risk-factor deficiencies as practicable, 
                appropriate, and consistent with the foreign policy, 
                national security, and public-safety objectives of the 
                United States.
                    (c) Notwithstanding the process described above, 
                and consistent with the process described in section 
                2(f) of Executive Order 13780, if the Secretary of 
                Homeland Security, in consultation with the Secretary 
                of State, the Attorney General, and the Director of 
                National Intelligence, determines, at any time, that a 
                country meets the standards of the baseline described 
                in section 1(c) of this proclamation, that a country 
                has an adequate plan to provide such information, or 
                that one or more of the restrictions or limitations 
                imposed on the entry of a country's nationals are no 
                longer necessary for the security or welfare of the 
                United States, the Secretary of Homeland Security may 
                recommend to the President the removal or modification 
                of any or all such restrictions and limitations. The 
                Secretary of Homeland Security, the Secretary of State, 
                or the Attorney General may also, as provided for in 
                Executive Order 13780, submit to the President the 
                names of additional countries for which any of them 
                recommends any lawful restrictions or limitations 
                deemed necessary for the security or welfare of the 
                United States.

                Sec. 5. Reports on Screening and Vetting Procedures. 
                (a) The Secretary of Homeland Security, in coordination 
                with the Secretary of State, the Attorney General, the 
                Director of National Intelligence, and other 
                appropriate heads of agencies shall submit periodic 
                reports to the President, through appropriate 
                Assistants to the President, that:

(i) describe the steps the United States Government has taken to improve 
vetting for nationals of all foreign countries, including through improved 
collection of biometric and biographic data;

(ii) describe the scope and magnitude of fraud, errors, false information, 
and unverifiable claims, as determined by the Secretary of Homeland 
Security on the basis of a validation study, made in applications for 
immigration benefits under the immigration laws; and

(iii) evaluate the procedures related to screening and vetting established 
by the Department of State's Bureau of Consular Affairs in order to enhance 
the safety and security of the United States and to ensure sufficient 
review of applications for immigration benefits.

                    (b) The initial report required under subsection 
                (a) of this section shall be submitted within 180 days 
                of the date of this proclamation; the second report 
                shall be submitted within 270 days of the first report; 
                and reports shall be submitted annually thereafter.
                    (c) The agency heads identified in subsection (a) 
                of this section shall coordinate any policy 
                developments associated with the reports described in 
                subsection (a) of this section through the appropriate 
                Assistants to the President.

                Sec. 6. Enforcement. (a) The Secretary of State and the 
                Secretary of Homeland Security shall consult with 
                appropriate domestic and international partners, 
                including countries and organizations, to ensure 
                efficient, effective, and appropriate implementation of 
                this proclamation.

                    (b) In implementing this proclamation, the 
                Secretary of State and the Secretary of Homeland 
                Security shall comply with all applicable laws and 
                regulations, including those that provide an 
                opportunity for individuals to enter the United States 
                on the basis of a credible claim of fear of persecution 
                or torture.

[[Page 45171]]

                    (c) No immigrant or nonimmigrant visa issued before 
                the applicable effective date under section 7 of this 
                proclamation shall be revoked pursuant to this 
                proclamation.
                    (d) Any individual whose visa was marked revoked or 
                marked canceled as a result of Executive Order 13769 of 
                January 27, 2017 (Protecting the Nation from Foreign 
                Terrorist Entry into the United States), shall be 
                entitled to a travel document confirming that the 
                individual is permitted to travel to the United States 
                and seek entry under the terms and conditions of the 
                visa marked revoked or marked canceled. Any prior 
                cancellation or revocation of a visa that was solely 
                pursuant to Executive Order 13769 shall not be the 
                basis of inadmissibility for any future determination 
                about entry or admissibility.
                    (e) This proclamation shall not apply to an 
                individual who has been granted asylum by the United 
                States, to a refugee who has already been admitted to 
                the United States, or to an individual granted 
                withholding of removal or protection under the 
                Convention Against Torture. Nothing in this 
                proclamation shall be construed to limit the ability of 
                an individual to seek asylum, refugee status, 
                withholding of removal, or protection under the 
                Convention Against Torture, consistent with the laws of 
                the United States.

                Sec. 7. Effective Dates. Executive Order 13780 ordered 
                a temporary pause on the entry of foreign nationals 
                from certain foreign countries. In two cases, however, 
                Federal courts have enjoined those restrictions. The 
                Supreme Court has stayed those injunctions as to 
                foreign nationals who lack a credible claim of a bona 
                fide relationship with a person or entity in the United 
                States, pending its review of the decisions of the 
                lower courts.

                    (a) The restrictions and limitations established in 
                section 2 of this proclamation are effective at 3:30 
                p.m. eastern daylight time on September 24, 2017, for 
                foreign nationals who:

(i) were subject to entry restrictions under section 2 of Executive Order 
13780, or would have been subject to the restrictions but for section 3 of 
that Executive Order, and

(ii) lack a credible claim of a bona fide relationship with a person or 
entity in the United States.

                    (b) The restrictions and limitations established in 
                section 2 of this proclamation are effective at 12:01 
                a.m. eastern daylight time on October 18, 2017, for all 
                other persons subject to this proclamation, including 
                nationals of:

(i) Iran, Libya, Syria, Yemen, and Somalia who have a credible claim of a 
bona fide relationship with a person or entity in the United States; and

(ii) Chad, North Korea, and Venezuela.

                Sec. 8. Severability. It is the policy of the United 
                States to enforce this proclamation to the maximum 
                extent possible to advance the national security, 
                foreign policy, and counterterrorism interests of the 
                United States. Accordingly:

                    (a) if any provision of this proclamation, or the 
                application of any provision to any person or 
                circumstance, is held to be invalid, the remainder of 
                this proclamation and the application of its other 
                provisions to any other persons or circumstances shall 
                not be affected thereby; and
                    (b) if any provision of this proclamation, or the 
                application of any provision to any person or 
                circumstance, is held to be invalid because of the lack 
                of certain procedural requirements, the relevant 
                executive branch officials shall implement those 
                procedural requirements to conform with existing law 
                and with any applicable court orders.

                Sec. 9. General Provisions. (a) Nothing in this 
                proclamation shall be construed to impair or otherwise 
                affect:

(i) the authority granted by law to an executive department or agency, or 
the head thereof; or

[[Page 45172]]

(ii) the functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals.

                    (b) This proclamation shall be implemented 
                consistent with applicable law and subject to the 
                availability of appropriations.
                    (c) This proclamation is not intended to, and does 
                not, create any right or benefit, substantive or 
                procedural, enforceable at law or in equity by any 
                party against the United States, its departments, 
                agencies, or entities, its officers, employees, or 
                agents, or any other person.

                IN WITNESS WHEREOF, I have hereunto set my hand this 
                twenty-fourth day of September, in the year of our Lord 
                two thousand seventeen, and of the Independence of the 
                United States of America the two hundred and forty-
                second.
                
                
                    (Presidential Sig.)

[FR Doc. 2017-20899
Filed 9-26-17; 11:15 am]
Billing code 3295-F7-P