ARTICLE 40 Territorial Application Clause 1. Any State may, at the time of signature, ratification or accession, declare that this Convention shall extend to all or any of the territories for the international relations of which it is responsible. Such a declaration shall take effect when the Convention enters into force for the State concerned. 2. At any time thereafter any such extension shall be made by notification addressed to the Secretary-General of the United Nations and shall take effect as from the ninetieth day after the day of receipt by the Secretary-General of the United Nations of this notification, or as from the date of entry into force of the Convention for the State concerned, whichever is the later. 3. With respect to those territories to which this Convention is not extended at the time of signature, ratification or accession, each State concerned shall consider the possibility of taking the necessary steps in order to extend the application of this Convention to such territories, subject, where necessary for constitutional reasons, to the consent of the Government of such territories. ARTICLE 41 Federal Clause In the case of a Federal or non-unitary State, the following provisions shall apply: (a) With respect to those articles of this Convention that come within the legislative jurisdiction of the federal legislative authority, the obligations of the Federal Government shall to this extent be the same as those of Parties which are not Federal States; (b) With respect to those articles of this Convention that come within the legislative jurisdiction of constituent States, provinces or cantons which are not, under the constitutional system of the federation, bound to take legislative action, the Federal Government shall bring such articles with a favourable recommendation to the notice of the appropriate authorities of states, provinces or cantons at the earliest possible moment. (c) A Federal State Party to this Convention shall, at the request of any other Contracting State transmitted through the Secretary-General of the United Nations, supply a statement of the law and practice of the Federation and its constituent units in regard to any particular provision of the Convention showing the extent to which effect has been given to that provision by legislative or other action. ARTICLE 42 1. At the time of signature, ratification or accession, any State may make reservations to articles of the Convention other than to articles 1, 3, 4.16(1), 33, 36-46 inclusive. 2. Any State making a reservation in accordance with paragraph 1 of this article may at any time withdraw the reservation by a communication to that effect addressed to the Secretary-General of the United Nations. ARTICLE 43 1. This Convention shall come into force on the ninetieth day following the day of deposit of the sixth instrument of ratification or accession. 2. For each State ratifying or acceding to the Convention after the deposit of the sixth instrument of ratification or accession, the Convention shall enter into force on the ninetieth day following the date of deposit by such State of its instrument of ratification or accession. ARTICLE 44 1. Any Contracting State may denounce this Convention at any time by a notification addressed to the Secretary-General of the United Nations. 2. Such denunciation shall take effect for the Contracting State concerned one year from the date upon which it is received by the Secretary-General of the United Nations. 3. Any State which has made a declaration or notification under article 40 may, at any time thereafter, by a notification to the Secretary-General of the United Nations, declare that the Convention shall cease to extend to such territory one year after the date of receipt of the notification by the Secretary-General. ARTICLE 45 1. Any Contracting State may request revision of this Convention at any time by a notification addressed to the Secretary-General of the United Nations. 2. The General Assembly of the United Nations shall recommend the steps, if any, to be taken in respect of such request. ARTICLE 46 Notifications by the Secretary-General of the United Nations The Secretary-General of the United Nations shall inform all Members of the United Nations and non-member States referred to in article 39: (a) Of declaration and notifications in accordance with section B of article 1; (b) of signature, ratifications and accessions in accordance with article 39; (c) of declarations and notifications in accordance with article 40; (d) of reservations and withdrawals in accordance with article 42; (e) Of the date on which this Convention will come into force in accordance with article 43; (f) Of denunciations and notifications in accordance with article 44; (g) Of requests for revision in accordance with article 45. IN FAITH WHEREOF the undersigned, duly authorized, have signed this Convention on behalf of their respective Governments, DONE at Geneva, this twenty-eight day of July, one thousand nine hundred and fifty-one, in a single copy, of which the English and French tests are equally authentic and which shall remain deposited in the archives of the United Nations, and certified true copies of which shall be delivered to all Members of the United Nations and to the non-member States referred to in article 39. SCHEDULE Paragraph 1 1. The travel document referred to in article 28 of this convention shall be similar to the specimen annexed hereto. 2. The document shall be made out in at least two languages, one of which shall be English or French. Paragraph 2 Subject to the regulations obtaining in the country of issue, children may be included in the travel document of a parent or, in exceptional circumstances, of another adult refugee. Paragraph 3 The fees charged for issue of the document shall not exceed the lowest scale of charges for national passports. Paragraph 4 Save in special or exceptional cases, the document shall be made valid for the largest possible number of countries. Paragraph 5 The document shall have a validity of either one or two years. at the discretion of the issuing authority. Paragraph 6 1. The renewal or extension of the validity of the document is a matter for the authority which issued it, so long as the holder has not established lawful residence in another territory and resides lawfully in the territory of the said authority. The issue of a new document is, under the same condidions, a matter for the authority which issued the former document. 2. Diplomatic or consular authorities, specially authorized for the purpose, shall be empowered to extend, for a period not exceeding six months, the validity of travel documents issued by their Governments. 3. The Contracting States shall give sympathetic consideration to renewing or extending the validity of travel documents or issuing new documents to refugees no longer lawfully resident in their territory who are unable to obtain a travel document from the country of their lawful residence. Paragraph 7 The Contracting States shall recognize the validity of the documents issued in accordance with the provisions of article 28 of this Convention. Paragraph 8 The competent authorities of the country to which the refugee desires to proceed shall, if they are prepared to admit him and if a visa is required, affix a visa on the document of which he is the holder. Paragraph 9 1. The Contracting States undertake to issue transit visas to refugees who have obtained visas for a territory of final destination. 2. The issue of such visas may be refused on grounds which would justify refusal of a visa to any alien. Paragraph 10 The fees for the issue of exit, entry or transit visas shall not exceed the lowest scale of charges for visas on foreign passports. Paragraph 11 When a refugee has lawfully taken up residence in the territory of another Contracting State, the responsibility for the issue of a new document, under the terms and conditions of article 28, shall be that of the competent authority of that territory, to which the refugee shall be entitled to apply. Paragraph 12 The authority issuing a new document shall withdraw the old document and shall return it to the country of issue if it is stated in the document that it should be so returned; otherwise it shall withdraw and cancel the document. Paragraph 13 1. Each Contracting State undertakes that the holder of a travel document issued by it in accordance with article 28 of this Convention shall be readmitted to its territory at any time during the period of its validity. 2. Subject to the provisions of the preceding sub-paragraph, a Contracting State may require the holder of the document to comply with such formalities as may be prescribed in regard to exit from or return to its territory. 3. The Contracting States reserve the right, in exceptional cases, or in cases where the refugee's stay is authorized for a specific period, when issuing the document, to limit the period during which the refugee may return to a period of not less than three months. Paragraph 14 Subject only to the terms of paragraph 13, the provisions of this Schedule in no way affect the laws and regulations governing the conditions of admission to, transit through, residence and establishment in, and departure from, the territories of the Contracting States. Paragraph 15 Neither the issue of the document nor the entries made thereon determine or affect the status of the holder, particularly as regards nationality. Paragraph 16 The issue of the document does not in any way entitle the holder to the protection of the diplomatic or consular authorities of the country of issue, and does not confer on these authorities a right of protection. D. REFUGEE ACT OF 1980 (Public Law 96-212, March 17, 1980, 94 Stat. 109) That this Act may be cited as the "Refugee Act of 1980". TITLE I-PURPOSE SEC. 101. (a) The Congress declares that it is the historic policy of the United States to respond to the urgent needs of persons subject to persecution in their homelands, including, where appropriate, humanitarian assistance for their care and maintenance in asylum areas, efforts to promote opportunities for resettlement or voluntary repatriation, aid for necessary transportation and processing, admission to this country of refugees of special humanitarian concern to the United States, and transitional assistance to refugees in the United States. The Congress further declares that it is the policy of the United States to encourage all nations to provide assistance and resettlement opportunities to refugees to the fullest extent possible. The objectives of this Act are to provide a permanent and systematic procedure for the admission to this country of refugees of special humanitarian concern to the United States, and to provide comprehensive and uniform provisions for the effective resettlement and absorption of those refugees who are admitted. TITLE II-ADMISSION OF REFUGEES SEC. 201. (a) [Omitted; added paragraph (42) to § 101(a).] (b) [Omitted; Added §§ 207, 208 and 209.] (c) [Omitted; conforming amendments to table of contents.] SEC. 202. [Omitted; amended § 211, by adding subsection (c).] SEC. 203. (a) [Omitted; amended § 201(a).] (b) [Omitted; miscellaneous amendments to § 202; including striking paragraph (7) of subsection (e).] (c) [Omitted; miscelleaneous amendments to § 203; including striking subsections (f), (g), and (h); for previous text of subsections (g) and (h), see Appendix IV.C.] (d) [Omitted; conforming amendments to §§ 212(a)(14), 212(a)(32), and 244(d).] (e) [Omitted; amended subsection (h) of § 243.] (f) [Omitted; added subparagraph (B) to § 212(d)(5).] (g) [Omitted; substituted "September 30, 1980" for "April 1, 1980" in § 5 of Pub. L. 95-412.] (h) Any reference in any law (other than the Immigration and Nationality Act or this Act) in effect on April 1, 1980, to section 203(a)(7) of the Immigration and Nationality Act shall be deemed to be a reference to such section as in effect before such date and to sections 207 and 208 of the Immigration and Nationality Act. (i) [Omitted; reduced from 2 years to 1 year time period in § 203(g), § 101(a)(3) of Pub. L. 95-145, and § 1 of Pub. L. 89-732.] SEC. 204. (a) Except as provided in subsections (b) and (c), this title and the amendments made by this title shall take effect on the date of the enactment of this Act, and shall apply to fiscal years beginning with the fiscal year beginning October 1, 1979. (b)(1)(A) Section 207(c) of the Immigration and Nationality Act (as added by section 201(b) of this Act) and the amendments made by subsections (b), (c), and (d) of section 203 of this Act shall take effect on April 1, 1980. (B) The amendments made by section 203(f) shall apply to aliens paroled into the United States on or after the sixtieth day after the date of the enactment of this Act. (C) The amendments made by section 203(i) shall take effect immediately before April 1, 1980. (2) Notwithstanding sections 207(a) and 209(b) of the Immigration and Nationality Act (as added by section 201(b) of this Act), the fifty thousand and five thousand numerical limitations specified in such respective sections shall, for fiscal year 1980, be equal to 25,000 and 2,500, respectively. (3) Notwithstanding any other provisions of law, for fiscal year 1980 (A) the fiscal year numerical limitation specified in section 201(a) of the Immigration and Nationality Act shall be equal to 280,000, and (B) for the purpose of determining the number of immigrant visas and adjustments of status which may be made available under sections 203(a)(2) and 202(c)(2) of such Act, the granting of a conditional entry or adjustment of status under section 203(a)(7) or 202(e)(7) of such Act after Septemeber 30, 1979, and before April 1, 1980, shall be considered to be the granting of an immigrant visa under section 203(a)(2) or 202(e)(2), respectively, of such Act during such period. (c)(1) The repeal of subsection (g) and (h) of section 203 of the Immigration and Nationality Act, made by section 203(c)(8) of this title, shall not apply with respect to any individual who before April 1, 1980, was granted a conditional entry under section 203(a)(7) of the Immigration and Nationality Act (and under section 202(e)(7) of such Act, if applicable), as in effect immediately before such date, and it shall not apply to any alien paroled into the United States before April 1, 1980, who is eligible for the benefits of section 5 of Public Law 95-412. (2) An alien who, before April 1, 1980, established a date of registration at an immigration office in a foreign country on the basis of entitlement to a conditional entrant status under section 203(a)(7) of the Immigration and Nationality Act (as in effect before such date), shall be deemed to be entitled to refugee status under section 207 of such Act (as added by section 201(b) of this title) and shall be accorded the date of registration previously established by that alien. Nothing in this paragraph shall be construed to preclude the acquisition by such an alien of a preference status under section 203(a) of such Act. (3) The provisions of paragraphs (14), (15), (20), (21), (25), and (32) of section 212(a) of the Immigration and Nationality Act shall not be applicable to any alien who has entered the United States before April 1, 1980, pursuant to section 203(a)(7) of such Act or who has been paroled as a refugee into the United States under section 212(d)(5) of such Act, and who is seeking adjustment of status, and the Attorney General may waive any other provisions of section 212(a) of such Act (other than paragraph (27), (29), or (33) and other than so much of paragraph (23) as related to trafficking in narcotics with respect to such an alien for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest. (d)(1) Notwithstanding section 207(a) of the Immigration and Nationality Act (as added by section 201(b) of this title), the President may make the determination described in the first sentence of such section not later than forty-five days after the date of the enactment of this Act for fiscal year 1980. (2) The Attorney General shall establish the asylum procedure referred to in section 208(a) of the Immigration and Nationality Act (as added by section 201(b) of this title) not later than June 1, 1980. (e) Any reference in this Act or in chapter 2 of title IV of the Immigration and Nationality Act to the Secretary of Education or the Secretary of Health and Human Services or to the Department of Health and Human Services shall be deemed, before the effective date of the Department of Education Organization Act, to be a reference to the Secretary of Health, Education, and Welfare or to the Department of Health, Education, and Welfare, respectively. TITLE III-UNITED STATES COORDINATOR FOR REFUGEE AFFAIRS AND ASSISTANCE FOR EFFECTIVE RESETTLEMENT OF REFUGEES IN THE UNITED STATES PART A-UNITED STATES COORDINATOR FOR REFUGEE AFFAIRS SEC. 301. [8 U.S.C. 1525] (a) The President shall appoint, by and with the advice and consent of the Senate, a United States Coordinator for Refugee Affairs (hereinafter in this part referred to as the "Coordinator"). The Coordinator shall have the rank of Ambassador-at-Large. (b) The Coordinator shall be responsible to the President for |