Advisory Opinion Request: Restriction on Issuance

UNCLAS SECTION 01 OF 02 TEGUCIGALPA 001488

SIPDIS

CA/VO/I, CA/VO/L

E.O. 26598: N/A
TAGS: CVIS PREL CMGT AMGT
SUBJECT: Advisory Opinion Request: Restriction on Issuance
of Non-Immigrant Visas in Honduran Diplomatic Passports



1. Summary. In light of the widespread abuse of diplomatic
passports in Honduras, and the request from the MFA to
assist the GOH in curbing the misuse of these passports by
persons not entitled to have them, or by persons no longer
entitled to use them, Post proposes to modify how we provide
Non-Immigrant Visas to Honduran citizens who possess
diplomatic passports. We submit a draft diplomatic note
explaining the new restrictions. End Summary.


2. Background. Several months ago, MFA officials approached
us to request help in curbing the unauthorized use of
Honduran diplomatic passports. There is little or no
accountability for diplomatic passport issuance in Honduras
and persons traveling with them are exempt from paying exit
fees as well as duties and taxes on goods brought into the
country. They also effectively avoid paying the MRV fee.
The GOH estimates that there are approximately forty
thousand of these passports currently in circulation. The
majority are in the hands of former appointed and elected
government officials and their families who have terminated
their official duties, but failed or refused to surrender
the passports. The GOH has publicly requested the return of
these passports, without success. In addition, an unknown
number of Honduran diplomatic, official, and regular
passports were stolen from the passport office in San Pedro
Sula approximately two years ago.


2. We propose sending a diplomatic note to the GOH, a draft
of which is attached, after we receive your guidance on how
best to adhere to the regulatory guidelines on providing
visas of any classification to holders of diplomatic
passports.

Begin text. The Embassy of the United States of America
presents its compliments to the Ministry of Foreign Affairs
of the Republic of Honduras and wishes to inform the
Ministry of a policy change regarding visa applications from
certain government officials and others who possess
diplomatic passports.

Effective immediately, bearers of diplomatic passports in
the following categories are exempt from the $100.00
processing fee for nonimmigrant visas: a) current Head of
State and alternates; b) current Cabinet ministers and vice
ministers; c) active duty military officers holding a rank
not inferior to that of a U.S. Brigadier General or Rear
Admiral; d) career diplomats; e) ambassadors, officers of
the diplomatic service, consular officers, and military
attaches assigned to a foreign diplomatic mission; f)
officers of delegations assigned to an international
organization; g) magistrates of the Supreme Court of
Justice; h) territorial governors and their alternates; i)
presiding officers of the national legislature; and j)
spouse and unmarried dependent children of the above.

The Embassy will continue to accept applications for
diplomatic visas on Monday, Tuesday, Thursday and Friday
from 1:00 p.m. to 1:30 p.m. All applications must be
accompanied by a photograph of the applicant, a diplomatic
note stating the individual's government position, and
travel plans. The Embassy of the United States requests
that all persons in possession of a current visa for the
United States, of any classification, in a non -diplomatic
passport, present this visa to the consular officer at the
time of the application for a visa in the bearer's
diplomatic passport. Persons on the list above will be
issued visas upon receipt of a diplomatic note that
expressly states that the bearer is on official duty status
for the Government of Honduras. Persons who only possess a
diplomatic passport, but are traveling on personal business
or pleasure must also present evidence that they have paid
the proper visa fee. Visas are normally issued in three
business days. An employee of the Ministry of Foreign
Affairs may drop off the application.

The Embassy of the United States of America avails itself of
this opportunity to reiterate to the Ministry of Foreign
Affairs the assurances of its highest consideration.


3. We receive a large number of diplomatic notes requesting
visas for Hondurans who possess diplomatic passports, but
who have no current official role in Honduran governmental
affairs. Some already have valid tourist visas in their
regular passports, but want visas in their diplomatic
passports to avoid paying exit fees and duties on consumer
products. Many applicants who have diplomatic passports do
not have valid regular passports. They want to travel on
the diplomatic passport for personal business and avoid
paying the duties, taxes, and the one hundred dollar MRV
fee.


4. Establishing the proposed modification would provide the
MFA with the support it needs to refuse diplomatic notes to
persons using diplomatic passports to get visas for personal
travel to the U.S. It would force persons who have regular
passports, with valid visas, to use them. It would simplify
the process for obtaining diplomatic visas. And, it would
prevent applicants from using diplomatic passports to avoid
paying the MRV fee. We request your opinion on the most
expeditious manner to correct this misuse of the diplomatic
privilege.
PIERCE