VISIT NICARAGUA! DECREE TEXT AND REVISED COUNTRY

UNCLAS SECTION 01 OF 07 MANAGUA 000314

SENSITIVE
SIPDIS

DEPT FOR WHA/CEN, WHA/PPC,INR/IAA
DEPT ALSO FOR G/TIP, IO/RHS, DRL AND PRM
DEPT FOR DS/CR/OCI
DEPT ALSO FOR CA/FPP
DEPT PASS TO USOAS AND USAID
MONTREAL FOR USICAO
PANAMA FOR REGIONAL ICE REP
DOJ FOR CBP AND ICE
TREASURY FOR SENICH

E.O. 12958: N/A
TAGS: CVIS ASEC PGOV SMIG PREL NU
SUBJECT: VISIT NICARAGUA! DECREE TEXT AND REVISED COUNTRY
GROUPINGS

REF: MANAGUA 301 AND PREVIOUS


1. (U) Late on March 18, 2009, the Government of Nicaragua
(GON) released the official text of Decree 07-2009 that
changed Nicaragua's visa policy. Our unofficial English
translation appears below. The decree's fundamental change
to Nicaragua's visa regime is that citizens from countries in
"Class B" may now apply for a visa upon reaching a Nicaraguan
Port of Entry (POE),rather than having to do so from abroad
prior to travel. While the decree text did not include a
list of affected countries, a list published on the Foreign
Ministry (MINREX) website indicated that country groupings
also have been changed. Only India newly appears on the
"Class-B" list. Four countries -- Ecuador, Iran, Libya and
the Palestinian Authority -- have moved from "Class-C"
directly to "Class-A," effectively granting them
visa-waiver. As previously reported, Iran and Libya were
changed by decree in December 2007 (REFTEL). Five others --
Haiti, India, Jordan, Pakistan and Thailand -- have been
moved from "Class-C" to "Class-A" for non-tourist passport
holders only. Visas for tourist passport-holders from these
countries (except India, which moved to "Class-B") would
still require prior approval from Central Immigration before
issuance.


2. (SBU) COMMENT. When we inquired with MINREX for a list of
countries affected by the new decree, we were directed to the
list on the MINREX site. We presume this is authoritative,
but did discover several errors and inconsistencies in the
MINREX list. Most significantly, Palestine, Libya and Iran
all newly appear under "Class-A," but are still listed the
"Class-C" grouping. The MINREX list does not anywhere show
the Czech Republic, Iceland, Romania or Saint Kitts, which
are all "Class-A" countries under the original CA-4
agreement. Also, Serbia and Montenegro still appear
together as one country under "Class-B." Finally, neither
South Ossetia nor Abkhazia -- to which Nicaragua has granted
official recognition -- appear on the visa category lists.
However, there is a new entry under "Class-C" for "Entities
or Authorities Recognized as States." Western Sahara still
appears separately. We will continue to seek clarification
on these discrepancies and information about how the new visa
will be implemented. END COMMENT.

Decree Text
- - - - - -


3. (U) BEGIN TEXT OF DECREE. (Unofficial Embassy
Translation).

Decree No. 07-2009

The president of the Republic of Nicaragua,

CONSIDERING,


I. That it is in the interest of the Government of

MANAGUA 00000314 002 OF 007


Reconciliation and National Unity to promote investment and
to attract foreign capital to Nicaragua with the purpose of
improving the national economy.

II. That the Government has the obligation to prevent
situations that harm economic growth and tax collection.

III. That the tourism industry has been improving and
generating greater income for the country, making it
necessary to promote both tourism and investment.

THEREFORE:

In use of the authorities that the Political Constitution
confers upon him,

HAS DICTATED,

The following:

DECREE

VISA PROCEDURES TO ENTER THE COUNTRY

Article 1. In accordance with Covenant of Creation of the
Central American Uniform Visa for Free Movement of
Foreigners, approved and ratified by the National Assembly on
December 12, 2006, and published in Gaceta No. 13 on January
18, 2007, that those citizens who wish to travel to
Nicaragua, classified in category B (visa without
consultation),will be granted the corresponding visa,
without detriment in complying with the requirements of law,
any time that they are in national territory, maritime, air
and land border check points, and report to the Office of
Migration and Foreigners window, where they will pay a fee
for the visa and tourism card.

Article 2. The Agreements of Visa-Free ("Visa Libre") Status
signed by the Republic of Nicaragua with other States remain
in force. As well as the ones subscribed with the United
Nations Organizations (UN) and with the Organization of
American States (OAS).

Article 3. The Ministries of Government and Foreign Affairs,
and the Nicaraguan Tourism Institute, through their
corresponding branches, are ordered to guarantee the
compliance of these dispositions.

Article 4. The present decree will be enforced as soon as it
is published in La Gaceta, Diario Oficial.

Given in the City of Catarina, on the thirteenth day of the
month of March of the year
two-thousand-nine. DANIEL ORTEGA SAAVEDRA. President of the
Republic of Nicaragua. Ana Isabel Morales Mazun, Minister of
Government.


MANAGUA 00000314 003 OF 007


END TEXT OF DECREE.


4. (U) Following is the list of visa categories for
Nicaragua subsequent to the March 13 Presidential Decree.
This list appears on the Foreign Ministry website. Since the
law from 8-31-2005 was passed that specified the three lists,
the following changes have been made by the Sandinista
government. We have previously reported on the change for
Iran and Libya.

BEGIN REVISED (2009) LIST OF VISA CLASSIFICATIONS (Source:
Ministry of Foreign Relations)

Classification "A" Category (82 entities)

Andorra
Antigua and Barbados
Argentina
Australia
Austria
Bahamas
Bahrain
Barbados
Belgium
Belize
Brazil
Brunei-Darussalam
Bulgaria
Canada
Chile
Croatia
Cyprus
Denmark
Ecuador
Estonia
Finland
France (For those originating from the other French
Territories they will be issued exempt status visa (A)
Germany
Greece
Haiti (Only Dip/Official/Service Passports)
Holy See (Vatican)
Hong Kong (Only bearers of ordinary British passport
originating from Hong Kong that read "Nationality British."
Those which read "overseas" will get treatment for visa (c))
Hungary
India (Only Dip/Official/Service Passports ONLY; tourist
passports TO B list)
Iran (SINCE DEC 2007)
Ireland
Israel
Italy
Japan
Jordan (Only Dip/Official/Service Passports)
Kuwait
Latvia
Libya (SINCE DEC 2007)

MANAGUA 00000314 004 OF 007


Liechtenstein
Lithuania
Luxembourg
Macedonia
Madagascar
Malaysia
Malta
Marshall Islands
Mexico
Monaco
New Zealand
Norway
Pakistan (Only Dip/Official/Service Passports)
Palestinian Authority
Panama
Paraguay
Poland
Portugal
Qatar
Saint Lucia
Saint Tome and Principe
Saint Vincent and the Grenadines
Salomon Islands
San Marino
Singapore
Slovakia
Slovenia
South Africa
South Korea
Spain
Sweden
Switzerland
Taiwan
Thailand (Only Dip/Official/Service Passports)
The Netherlands including Aruba and the Dutch Antilles
Trinidad and Tobago
Turkey
Tuvalu
United Kingdom Those originating in the other British
territories except Hong Kong as noted will be given exempt
status (A).
United States of America (Guam Included)
Uruguay
Vanuatu
Venezuela
International Organization: (OAS, EU, UN)

Classification "B" Category (73 entities)

EMBASSY NOTE: It appears the previous application process and
fee USD 25 still apply to this grouping, except for the fact
that an application can now be made at a Nicaraguan port of
entry.

Azerbiajan
Belarus
Benin

MANAGUA 00000314 005 OF 007


Bhutan
Bolivia
Burkina Faso
Burma
Burundi
Cambodia
Cameroon
Cape Verde
Central African Republic
Chad
Colombia
Comoros Islands
Costa Rica
Cote d'Ivoire
Djibouti
Dominica
Dominica Republic
Egypt
Equatorial Guinea
Fiji
Gabon
Gambia
Georgia
Granada
Guinea
Guinea Bissau
Guyana
India (tourist Passports; Dip/Official/Service passports now
"Class-A")
Jamaica
Kazakhstan
Kenya
Kiribati
Krgyzstan
Lesotho
Malawi
Maldives
Mauritania
Mauritius
Micronesia
Moldova
Morocco
Namibia
Nauru
Niger
Palau
Papua New Guinea
Peru
Philippines
Russia
Rwanda
Samoa
Saudi Arabia
Senegal
Serbia and Montenegro
Seychelles
Suriname

MANAGUA 00000314 006 OF 007


Swaziland
Tajikistan
Tanzania
Thailand
Togo
Tonga
Tunisia
Turkmenistan
UAE
Uganda
Ukraine
Uzbekistan
Zambia
Zimbabwe

Classification "C" Category (45 Entities)

NOTE: Application requirements, process and fee (USD 25.00)
remain unchanged for this grouping. However, several
countries appear to have been removed from this list.
Issuance Policy: Visas must be authorized by Central
Immigration in Managua before the visas are issued abroad;
however, the government can send an airline a letter
authorizing boarding without a stamped visas in certain cases
(which is often abused and has been reported on at length by
the Embassy) END NOTE.

Afghanistan
Albania
Algeria
Angola
Armenia
Bangladesh
Bosnia and Herzegovina
Botswana
China (PRC) (except certain citizens from Hong Kong)
Congo
Cuba
Democratic Republic of Congo
East Timor
Eritrea
Ethiopia
Ghana
Haiti (ONLY tourist Passport holders ) Dip/Official/Service
Passports are now on the A list)
Indonesia
Iraq
Jordan (ONLY tourist Passport holders ) Dip/Official/Service
Passports are now on the A list)
Laos
Lebanon
Liberia
Mali
Mongolia
Mozambique
Nepal
Nigeria

MANAGUA 00000314 007 OF 007


North Korea
Oman
Other "Entities or Authorities Recognized as States"
Pakistan (ONLY tourist Passport holders )
Dip/Official/Service Passports are now on the A list)
Sierra Leone
Somalia
Sri Lanka
Sudan
Syria
Vietnam
Western Sahara
Yemen
NOTE: the following still appear, probably erroneously, on
the MINREX list.
India
Iran
Libya
Palestinian Authority

END REVISED (2009) LIST OF VISA CLASSIFICATIONS.
SANDERS