UAEG PRESENTS UAE MEMORANDUM OF UNDERSTANDING REGARDING

UNCLAS SECTION 01 OF 03 ABU DHABI 000249

SIPDIS

SENSITIVE

STATE FOR CA/VO, CA/VO/F/P & L/CA
STATE FOR NEA/ARPI
STATE PLS PASS TO USTR for Doug Bell

E.O. 12958: N/A
TAGS: CVIS ETRD ECON AE
SUBJECT: UAEG PRESENTS UAE MEMORANDUM OF UNDERSTANDING REGARDING
VISAS/MOVEMENT OF PERSONS

REF: Jan 18 Lynn - Smyth E-Mail


1. (U) This is an action request. Please see para 4.


2. (U) On January 24, 2006, Assistant Under Secretary for
International Cooperation Mohammed Abdul Jalil delivered to Econ
Chief a diplomatic note containing a Memorandum of Understanding
regarding visas and the U.S. - UAE Free Trade Agreement
negotiations. MFA requested that the U.S. review the memorandum
of understanding with a view to signing it simultaneously with an
FTA. Econchief reiterated that visa matters are outside the
scope of an FTA, but committed to forwarding the MOU to the
Department for comment. During the meeting, Abdul Jalil also
requested information on the requirements of the Visa Waver
Program. In a January 25 meeting, Ambassador told UAEG lead
negotiator MinState Finance Dr. Mohammed Khalfan bin Khirbash
that visas/movement of persons were outside the scope of an FTA.


3. (SBU) Emboffs have explained to the UAEG on numerous
occasions that the Embassy is committed to the expeditious
processing of all types of visas for Emirati citizens, including
those who intend to conduct business in the US. For Emirati
nationals, receiving B visas (visitors for business or pleasure),
we routinely issue visas valid for 10 years. Most of the year,
applicants are able to get a visa appointment within 1-2 business
days in Abu Dhabi and 4-5 business days in Dubai (Note: in the
peak visa period in the summer, this pushes out 1-2 and 2-3 weeks
respectively). Historically, the refusal rate for Emiratis is
well less than 5 percent. Most Emirati applicants can receive
their visas within one working day. The remainder (those
requiring administrative/security processing) receive visa
approval between 5 days and three weeks. A handful of cases take
longer to complete.


4. (U) Action Request. Post would appreciate Department's
comments on the attached MOU and instructions on how to answer
the UAEG's request. Post plans to refer the MFA to the
Department web site for information on the Visa Waver Program.


5. (U) Begin text of Embassy translation of diplomatic note.

Complementary Opening

With reference to the third round of the U.S.-UAE FTA
negotiations and in particular the section regarding mobility of
persons in the services area, the UAE side has suggested the
possibility of signing a memorandum of understanding to
facilitate mobility of the UAE nationals and senior professional
residents to the United States easily and without delay (on the
basis of the official memorandum that had been reached between
the two countries, which grants 10 years entry visa to the United
States),or to take benefit of the "Visa Waver Plan" to visit
the USA, similar to the one, which is in force for citizens of
some countries.

In this connection, the Ministry of Foreign Affairs of the United
Arab Emirates hope that the Embassy would refer to the attached
Memorandum of Understanding's proposal to the concerned U.S.
entities for their opinions and comments in order to pave the way
for signing this memorandum at the same time the FTA is signed.

End text of Embassy translation of diplomatic note.



8. (U) Begin text of Memorandum of Understanding.

Memorandum of Understanding between the Government of the United
States of America and the Government of the United Arab Emirates
on Cooperation in Matters of Entry and Residence for citizens of
the U.S.A. and citizens U.A.E.

The Government of the United States of America and the Government
of the United Arab Emirates,

Desiring to strengthen and develop further their bilateral
relations,

Seeking to encourage and facilitate exchange of visits by
businessmen and holders of diplomatic, special and service
passports, those desiring to have medical treatment and their
escorts, tourists, students and resident senior professionals, on
the basis of reciprocity and the observance of national laws of
their respective countries,

Agreeing on the importance of existing security cooperation
between the Government of the United States of America and the
Government of the United Arab Emirates,

Cognizant of the importance of lending special attention to
matters relating to the security of travel documents, countering
illegal immigration and repatriation of citizens,
Simultaneous with the negotiations of the Free Trade Agreement
between two countries, and considering the need to facilitate and
encourage exchange of visits by U.A.E. businessmen and senior
professionals residing in the United Arab Emirates to visit the
U.S.A.

Hereby express their willingness to facilitate the entry of
citizens of the United States of America to the United Arab
Emirates and the entry of citizens of the United Arab Emirates to
the United States of America, and have agreed as follows:

Chapter One: Travel Facilities


I. Granting Visas without Delay:


1. The two Parties will grant visas for entry to each other's
country to the categories mentioned in the preamble of this
Memorandum and within a duration not exceeding twenty-four hours.


2. The Government of the United States of America will expedite
granting visas by American missions abroad within the framework
of the domestic laws in force in the U.S.A., and this facility
will apply particularly to citizens of the United Arab Emirates,
business visits, those desiring to undergo medical treatment and
their escorts, resident senior professionals, holders of U.A.E.
diplomatic, special and service passports and for tourist visits.


3. The Government of the United States of America, within the
laws enforced in the U.S.A., resolves to undertake measures to
make it possible, in principle, to grant entry visa to citizens
of United Arab Emirates at American points of entry if prior
application for the visa were not possible, especially when there
would be an unforeseen compelling reason to travel to the U.S.A.
and return to the United Arab Emirates were guaranteed, while
other requirements of entry were satisfied according to American
law.


4. The two Parties will exceptionally and promptly issue visas at
their borders of entry to each other's citizens in cases of
urgent situations of illness, serious accidents and critical
circumstances.

II. Facility of entry into the country for holders of
diplomatic, special and service passports:


1. The American competent authorities will issue citizens of the
United Arab Emirates holding valid diplomatic, special and
service passports multiple entry visas allowing stays for as long
a period as possible.


2. These visas will be granted gratis with a duration not
exceeding twenty-four hours and for a validity period of up to
ten years.

III. Facility of Entry for Businessmen, Tourists, Medical
Patients and their Escorts:


1. American competent authorities will grant UAE businessmen and
resident businessmen multiple entry visas within a duration not
exceeding twenty-four hours and for a period of five years.


2. This will apply also to medical patients and their resident
escorts, visitors and tourists, with the framework of consular
cooperation between two countries.

IV. Facility of Entry for Students:

American competent authorities will grant U.A.E. students entry
visas gratis and in the shortest time possible within a period
not exceeding two weeks.

Chapter Two: Security Standards/Security of Documents against
forgery

The two Parties express their readiness to:


1. Guarantee security to travel documents to the highest level
against forgery, and to review the foregoing in terms of
maintaining minimum security standards for machine readable
travel documents recommended by the International Civil Aviation
Organization (ICAO Doc. 9303, 5th Edition 2003, Annex to Section
III, Security Standards for Machine Readable Documents) and to
ensure their agreeability whenever necessary and in the shortest
time possible.


2. Make technical progress necessary with a view to introducing
biometric specifications to travel documents issued by the two
countries and to comply with their standards.


3. Support efforts of unifying the standards by the International
Civil Aviation Organization (ICAO) and implement its
recommendations at the shortest time possible.


4. Exchange information on the measures being undertaken by the
two countries concerning their travel documents.

Chapter Three: General Applicable Terms

1. The two Parties agree on the necessity of their citizens to
respect the laws of each other's country.


2. This Memorandum shall not affect the prevailing laws in the
territory of with Party in regard to the exercise of commercial
activities or work in other trades.


3. This Memorandum shall not affect the rights and obligations of
the two Parties arising from international instruments and
agreements that either one or both of them are parties to.


4. This Memorandum of Understanding will come into force after
its signature, and either Party may terminate either wholly or
partly the implementation of the Memorandum at any time, due to
considerations of public order, national security or preventative
health precautions, and the other Party should be informed of
that accordingly and without delay.


5. This Memorandum of Understanding will be reviewed after one
year's period from the date of its entry into force by the two
Parties together in a joint meeting to be decided upon request by
either Party.

This Memorandum of Understanding is signed in two original copies
in the English and Arabic languages and both texts are equally
authentic.

Signed at ....... on .........

For the Government of the United States of America

For the Government of the United Arab Emirates