(d) Armed Services personnel entering under NATO Status of Forces Agreement. Personnel belonging to the land, sea or air armed services of a government which is a Party to the North Attlantic Treaty and which has ratified the Agreement between the Parties to the North Atlantic Treaty regarding the Status of their Forces, signed at London on June 19, 1951, and entering the United States under the provisions of Article III of such Agreement pursuant to an individual or collective movement order issued by an appropriate agency of the sending State or of the North Atlantic Treaty Organization. (TIAS 2846; 4 U.S.T. 1792)

[Paragraph (d) amended, Dept. Reg. 108.433, 25 F.R. 4577, May 25, 1960]

(e) Armed Services personnel attached to NATO Allied Headquarters in the United States. Personnel attached to an Allied Headquarters in the United States set up pursuant to the North Atlantic Treaty signed in Washington, D.C., on April 4, 1949, who belong to the land, sea or air armed services of a government which is a Party to the North Atlantic Treaty, and who are entering the United States in connection with their official duties under the provisions of the Protocol on the Status of International Military Headquarters set up pursuant to the North Atlantic Treaty. (TIAS 2978; 5 U.S.T. 877.)

(f) Aliens entering pursuant to International Boundary and Water Commission Treaty. All personnel employed either directly or indirectly on the construction, operation, or maintenance of works in the United States undertaken in accordance with the treaty concluded on February 3, 1944, between the United States and Mexico regarding the functions of the International Boundary and Water Commission, and entering the United States temporarily in connection with such employment. (59 Stat. 1252; TS 994.)

§ 41.6 Nonimmigrants not required to present passports, visas, or bordercrossing identification cards.

The provisions of section 212(a) (26) of the Act relating to the requirements of valid passports and visas for nonimmigrants are waived by the Secretary of State and the Attorney General, acting jointly, in pursuance of the authority contained in section 212(d) (4) of the

Act under the conditions specified for the following classes:

(a) Canadian nationals, and aliens having a common nationality with nationals of Canada or with British subjects in Bermuda. A visa shall not in any case be required of a Canadian national, and a passport shall not be required of such a national except after a visit outside of the Western Hemisphere. A visa shall not be required of an alien having a common nationality with Canadian nationals or with British subjects in Bermuda, who has his residence in Canada or Bermuda, and a passport shall not be required of such an alien except after a visit outside of the Western Hemisphere. A British subject who has his residence in the Bahamas shall require a passport and a visa for admission to the United States except that a visa shall not be required of such an alien who, prior to or at the time of embarkation for the United States on a vessel or aircraft, satisfies the examining United States immigration officer at Nassau, Bahamas, that he is clearly and beyond a doubt entitled to admission in all other respects. A visa shall not be required of a British subject who has his residence in, and arrives directly from, the Cayman Islands and who presents a certificate from the Clerk of Court of the Cayman Islands stating what, if anything, the Court's criminal records show concerning such subject, and a certificate from the Office of Administrator of the Cayman Islands stating what, if anything, its records show with respect to such subject's political associations or affiliations.

[Paragraph (a) amended; Dept. Reg. 108.479, 27 F.R. 2362, Mar. 13, 1962]

Prior Amendments 1960: 25 F.R. 3352, Apr. 19.

(b) British, French and Netherlands nationals, and nationals of certain adjacent islands of the Caribbean which are independent countries. A visa shall not be required of a British, French or Netherlands national, or of a national of an independent country of the Western Hemisphere not named in section 101 (a) (27) (C) of the Act, who has his residence in British, French or Netherlands territory, or in an independent country not named in section 101(a)

(2) Foreign government officials in transit. If an alien is of the class described in section 212(d) (8) of the Act only a valid unexpired visa and a travel document which is valid for entry into a foreign country for at least thirty days from the date of his application for admission into the United States shall be required.

(f) Individual cases of unforeseen emergencies. A visa and a passport shall not be required of a nonimmigrant who, either prior to his embarkation at a foreign port or place or at the time of arrival at a port of entry in the United States, satisfies the district director of the Immigration and Naturalization Service in charge of the port of entry, after consultation with and concurrence by the Director of the Visa Office of the Department, that, because of an unforeseen emergency, he was unable to obtain the required documents. Any waiver of the visa requirement heretofore or hereafter granted pursuant to section 212(d) (4) (A) of the Act in the case of a national or resident of Cuba who embarks for the United States on or after November 16, 1963, shall not be valid unless such national or resident proceeds directly from Cuba to the United States and has been inspected in Cuba by officials of the United States Immigration and Naturalization Service and of the United States Public Health Service immediately prior to his departure for the United States, irrespective of whether such national or resident had prior notice of these conditions.

CODIFICATION: In paragraph (f), the last sentence was added, Dept. Reg. 108.501, 28 F.R. 12217, Nov. 16. 1963.

Paragraph (f) is set forth above in its entirety.

requirements for nonimmigrants may be waived by joint action of consular officers abroad and immigration officers pursuant to the authority contained in section 212(d) (4) of the Act in individual cases of aliens who satisfy the consular officer serving the port or place of,embarkation, after consultation with and concurrence by the appropriate immigration officer, that their cases come within any of the following categories:

(a) An alien having his residence in foreign contiguous territory who does not qualify for the benefits of any waiver provided in § 41.6, and who is a member of a visiting group or excursion proceeding to the United States under circumstances which make the timely procurement of a passport and visa impracticable.

(b) Passport waiver; aliens for whom passport extension facilities are unavailable. An alien whose passport is not valid for the period prescribed in section 212(a) (26) of the Act and who is embarking for the United States at a port or place remote from any foreign diplomatic or consular establishment at which the passport could be revalidated.

(c) Passport waiver; aliens precluded from obtaining passport extensions by foreign government restrictions. An alien whose passport is not valid for the period prescribed in section 212(a) (26) of the Act and whose government as a matter of policy does not revalidate passports more than six months in advance of their expiration or until they actually expire.

(d) Visa waiver; certain aliens proceeding to the United States under emergent circumstances. An alien who is well and favorably known at the consular office, who has previously been issued a nonimmigrant visa which has since expired, and who is embarking on a direct journey to the United States under emergent circumstances which preclude the timely issuance of a visa.