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UTE6203ORIGIN VO-03INFO LOG-00 MFA-00 NP-00 AF-00 AIT-03 AMAD-00 AOP-00

AEX-00CCOE-00EUR-00H-01NEA-00IRM-00DSCC-00

AS-01ANHR-00OIGO-00TEDE-00NSAE-00TEST-00PRM-00

A-00WHA-00FBIE-00IO-00OIG-03USIE-00ALM-00

ACQ-00DS-00UTED-00MMP-00CAEX-01SA-00SAS-00

CA-01MEDE-00FBO-00MOFM-05PCH-13FMP-00PMA-00

CIAE-00EAP-00VC-00M-00PM-00SDBU-00/032R

COME- 00EB-00FSI-00AC-01SCT-00PMB-00

198510SOURCE: DISKETTE.018141DRAFTED BY: CA/VO/F/P:LTROST:LJT -- 11/15/01 3-1498APPROVED BY: CA/VO:WGRIFFITHCA/VO:CBARRY CA/VO/F:LDONAHUE CA/VO/L:SFISCHELCA/VO/P:LPIASCIK CA/CSD:FTURLEY CA/VO/F/S:JBRENNANCA/P:CLAMORA CA/VO/L/C:RBEER S/ES-0:NEBROWN

3EFA33 160045Z /38P 160038Z NOV 01FM SECSTATE WASHDCTO ALL DIPLOMATIC AND CONSULAR POSTS PRIORITYSPECIAL EMBASSY PROGRAMBELGRADE POUCHDUSHANBE POUCHLAHORE POUCHSURABAYA POUCHNASSAU POUCHNDJAMENA POUCHPESHAWAR POUCHJAKARTA POUCHUNCLAS STATE 198510

VISAS -- INFORM CONSULSE.O. 12958: N/ATAGS: CVIS, CMGT, KFRDSUBJECT: QUESTIONS AND ANSWERS REGARDING IMPLEMENTATION OFSPECIAL INTERIM CLEARANCES: PART 1.REFTELS: A) STATE 196859 B) STATE 1963551. Department appreciates posts excellent cooperation inthe November 14th implementation of the special clearance^procedures described in reftels. Posts have already askedCA/VO and CA/EX/CSD a number of thoughtful questions.These questions and answers are being circulated for thereference of all posts. Further cables in this serieswill be circulated as necessary.2. This cable includes two important changes to previouscable and e-mail guidance. Posts should disregard theinstruction in ref b paragraph 7 to 221(g) the records ofapplicants who request their passports back during the 20calendar-day waiting period (see paragraphs 7-8) . Thesystem will bounce the record from the hold queue if arecord is updated 221(g). Readjudicating as an issuance

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will cause the 20 calendar-day hold to restart. Postsshould leave the computer record adjudicated as issuedduring those 20 days. Regarding Visas Eagles and otherSAOs, the 20 calendar-day waiting period will apply onlybeginning for cases adjudicated November 14 and later.Cases where SAOs were sent prior to November 14 will begrandfathered (see paragraphs 12-14).

Does the 20-day clock begin at data entry or adjudication?

3. Question: Post uploads data from multiple sources byRDS. Will the 20-day waiting period start after the datais received and the case is in open status, or after acase is adjudicated?4. Answer: The system modification was designed to betriggered by adjudication, so the 20 days start when thecase is print authorized. CA is looking at changing thesystem to begin the 20-day waiting period at the casecreation date (or modification date), as this would allowfor more efficient workflow. VO will advise posts if thismodification is possible.

Keeping or returning passports during the waiting period

5. Question: Should post keep the applicants passportsduring the waiting period?6. Answer: Post may determine whether or not to keepapplicants passports. If post decides to returnpassports as a rule or if an individual so requests,please see the next question.

Important Modification dont use 221(g) to annotatepending cases if you return an applicants passport

7. Question: If an applicant requests his passportreturned during the 20 calendar-day waiting period, shouldpost return the passport and refuse the applicant 221(g),as per paragraph 7, State 196355?8. Answer: No, entering a 221 (g) refusal will pull thecase out of hold status and the 20-day waiting period willstart again from the date the case is authorized. Theautomatic namecheck is based on the authorize function. Arecord wont go into, or will be kicked out of, the holdqueue if post refuses an application 221(g), so pleasedisregard earlier instructions, and leave the case asissued. If passport is returned to the applicant pendingthe completion of the 20-day waiting period, encourage himto bring his passport back in as close to the 20th day aspossible and no later than 30 days later after completionof the 20-day waiting period. (This is to mimimize openissuable cases in the system.)

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Corrections and new waiting period

9. Question: What if post realizes during or after the20 days that an applicants name or other biodata has beeninput incorrectly? Do we have to wait another 20 days toissue the visa?10. Answer: Yes. If post discovers any data entryerrors once the case is print authorized and put into holdstatus, it will be impossible to correct until the hold isreleased. An officer (not an FSN) may delete the case inhold status and it may be re-entered with correct data,but the 20-day hold will recommence upon printauthorization of the new case. If case is spoiled fordata reentry after it is released from the hold status, itwill once again go into the 20-day hold once the data iscorrected and it is reauthorized for printing.11. The surname, given name, DOB, POB, visa class, sex,and aliases are critical fields and posts must wait thefull 20 calendar days before issuance if any of thesefields are changed. If the error is in the passportnumber field, for example, post may issue by associatingthe case as a category A referral to override the holdafter the initial 20 days have elapsed. (Note that only anofficer may make this association to a category A referralcategory). A case remark should be made in the remarksfield to explain the action taken.

Applicants who require SAOs

12. Question: If an applicant already requires an Eagle,a Donkey, or another SAO, does the 20 day waiting periodapply? Would cases that were in process before the 14thbe grandfathered?13. Answer-. Cases that have received clearance throughthe SAO Donkey mechanism will be exempt from the hold ifpost associates the case with an SAO Donkey through theSAO icon and updates the record to indicate that theresponse to the SAO Donkey has been received (thisupdating of the record to reflect receipt of a Donkeyclearance cable through the SAO screen is what triggersthe release of the hold and it is now an officer onlyfunction).14. In addition to the currently required 10, 15, or 30day wait for responses on Visas Eagles, the 20-day waitingperiod will apply to Visas Eagles and other SAOs becausethe names will be checked differently than the Eagles are.Cases where SAOs were sent prior to November 14 will/willbe grandfathered. Posts may issue such cases once theoriginal SAO waiting period is complete; it is notnecessary to start a new 20-day waiting period. When postupdates 221(g) records and authorizes issuance of these

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grandfathered cases, an officer (not an FSN) should alsoassociate the case as a category A referral to overridethe system hold and make a case remark in the applicantscreen to indicate what action was taken. For Eagles withSAOS sent after November 14, posts should time issuance tocoincide with the 20-day hold requirements.

FSOs new system responsibilities worldwide with new systemmodifications

15. Question: Is it true that only FSOs can nowassociate a case as a Category A referral - even casesthat don't meet the hold criteria?16. Answer: Yes. Only FSOs can associate a record as aCategory A referral, regardless of whether the case meetsthe hold criteria or not. FSNs, however, can stillassociate cases as other referral categories (Category B,Congressional or other). Also, only FSOs can update acase through the SAO screen to reflect that an SAO Donkeyclearance cable has been received, regardless of the kindof case it is.Category A cases and visa annotations?

17. Question: Should I be annotating the visa incategory A cases with the phrase well and favorablyknown?IB. Answer: Nc. Please go to the remarks screen in theapplicant case record and note well and favorably knownin remarks.

C-3s and NATO visas and waiting period

19. Question: I didnt see C-3 or NATO visas listed asexempt in Ref E. Does the 20 calendar-day waiting periodapply?20. Answer: You may exempt C-3s and NATO applicantsfrom the 20 calendar-day waiting period. We will updatethe system to add this exempt category. If system updatehas not yet taken effect, posts may override the automatichold for these cases by having an officer (not an FSN)associate the record to a Referral Category A category andmaking an appropriate case remark.

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Official guidance

21. Question: My host countrys Foreign Ministry hascalled me in to explain these new procedures. Does theDepartment have official guidance I could draw on?

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22. Answer: Draw on the press guidance provided to PAOSworldwide. Stay general, and dont share the list ofcountries affected or specify the age range targeted. Youcan let the host government know certain diplomatic visasare exempted from these requirements and confirm if yourhost country is on the list.

Further comments and comments

23. Further comments are welcome and should be directedto Laurie Trost in CA/VO/F/P (202) 663-1498. Please e-mail or call the Support Desk (the e-mail address isSupportdesk, CA) (202) 663-1177 with any technicalquestions and copy Frank Turley in CA/EX/CSD, as well asLaurie Trost, on e-mails sent to the CA Support Desk.POWELL

NOTE: POUCH ADDRESSEES PROTECTED BY DRAFTERNNNN

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