Identifier
Created
Classification
Origin
09WINDHOEK167
2009-05-15 10:21:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Windhoek
Cable title:  

NAMIBIA VISA RECIPROCITY SCHEDULE: IMMIGRATION POLICIES

Tags:  CMGT CVIS PREL WA 
pdf how-to read a cable
VZCZCXYZ0003
PP RUEHWEB

DE RUEHWD #0167/01 1351021
ZNR UUUUU ZZH
P 151021Z MAY 09
FM AMEMBASSY WINDHOEK
TO SECSTATE WASHDC PRIORITY 0510
UNCLAS WINDHOEK 000167 

SENSITIVE
SIPDIS

DEPARTMENT FOR AF/S, CA/VO and L/CA

E.O. 12958: N/A
TAGS: CMGT CVIS PREL WA
SUBJECT: NAMIBIA VISA RECIPROCITY SCHEDULE: IMMIGRATION POLICIES
GIVE AMCITS HEADACHES

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Summary
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UNCLAS WINDHOEK 000167

SENSITIVE
SIPDIS

DEPARTMENT FOR AF/S, CA/VO and L/CA

E.O. 12958: N/A
TAGS: CMGT CVIS PREL WA
SUBJECT: NAMIBIA VISA RECIPROCITY SCHEDULE: IMMIGRATION POLICIES
GIVE AMCITS HEADACHES

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Summary
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1. Action requests - please see paras. 11 and 12.


2. (SBU) Although American citizens generally clear Namibian
immigration without incident, Americans traveling on business
sometimes find themselves caught in the middle of unclear,
contradictory Namibian immigration policies. In two separate
incidences recently, American contractors working on PEPFAR-related
activities were stopped and initially denied entry at Windhoek's
Hosea Kutako International airport for not having business visas,
despite Namibian immigration rules that exempt Americans from such
visas for travel of less than 90 days. In both cases, the Embassy
had to assist the Americans eventually clear immigration as there
are no provisions to obtain any kind of visa at ports of entry.


3. (SBU) Namibian immigration authorities do not consistently apply
their own immigration rules. Furthermore, the rules are often
confusing with regard to business and work visas. For example,
Peace Corps Volunteers and most TDY contractors would require work
permits if the Namibian government's (GRN) immigration policies were
strictly enforced. Post requests the Department to review Namibian
visa requirements and procedures with the Embassy of Namibia with a
view to clarifying their regulations, and if appropriate,
negotiating a revised visa reciprocity schedule. Post would also
appreciate any technical assistance the USG could provide to the
Ministry of Home Affairs and Immigration to help refine its
immigration policies and procedures. The Ministry plans to begin a
review of its structure, operational procedures, and regulations
this month. End Summary.

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Who is in Charge of Visas?
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4. (SBU) The Ministry of Home Affairs and Immigration (MHAI) is
responsible for enforcing immigration laws in Namibia. Under MHAI
immigration guidelines, Americans are not required to obtain
business or tourist visas when visiting Namibia for less than 90
days. The MHAI Permanent Secretary confirmed that Americans
traveling to Namibia for less than 90 days do not need a business
visa or tourist visa. The Ministry of Foreign Affairs, via Namibian
Embassies, is responsible for issuing visas. The Namibian Ministry

of Foreign Affairs' website (http://www.mfa.gov.na/consul1.htm)
states, "Nationals from the countries listed below are not required
to obtain Visas to travel to Namibia for visits shorter than three
months . . ." The United States is included in the list of exempted
countries. The website makes no reference to visa categories
whatsoever.


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What Constitutes Business?
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5. (SBU) According to an MHAI Inter-Office Memorandum dated August
22, 2006, a business visa is defined as: ". . . the visa issued to
people looking for prospects to set up formal businesses in Namibia,
exploration for business opportunities, business people attending
meetings at subsidiaries of their parent companies, official
government visits, attending conferences, corporate events (not
work) and meetings for which no remuneration is received, attending
short training courses (not more than 90 days),sports events,
expositions, and trade fairs."


6. (SBU) The memo goes on to explain what is excluded from business
visa categorization. These exclusions include: "Traders and street
vendors, voluntary workers, people hired and remunerated in their
countries performing work in Namibia. All persons falling under the
above exclusions should apply for work and other relevant visas and
permits . . ."

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What Constitutes Work?
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7. (SBU) The MHAI interprets its regulations to mean that travelers
coming to Namibia for their work -- even if for a few days -- would
require a temporary work permit, which can take months to obtain.
The words "work" and "remuneration" are critical to the MHAI's very
narrow interpretation of who should be issued a business visa.
During a meeting with ConOff, Home Affairs' Deputy Director for
Aliens Control, Citizen and Passport, Mr. Allison Hishekwa, stated
that if a traveler mentions that s/he will "work" in Namibia or is
coming to Namibia for his/her work, that immigration officials will
interpret this as meaning the person intends to work in Namibia,
thus requiring at least a temporary work permit. Hishekwa stated
that mentioning the word "work" will essentially raise red flags

with their immigration officials. He stressed that "remuneration"
even by a traveler's home office based in the traveler's home
country constitutes working in Namibia.


8. (SBU) Using various scenarios, Hishekwa explained when a business
or work permit is required. For instance, a U.S. expert auditor for
Deloitte and Touche, who traveled to Namibia to "work" for as little
as a few days in Deloittes' office in Windhoek, would need a work
permit. However, if that same auditor came to the same Windhoek
office to "train" Namibians s/he would qualify for a business visa.
Hishekwa further stated that USG contractors who come to Namibia to
provide short term assistance to USG agencies would in fact also
technically need work permits since they would be "working" in
Namibia and "remunerated" in the United States.


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Current Work Arounds
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9. (SBU) Due to incidents at the port of entry in the past, Post has
instructed travelers on USG official business -- via the Electronic
Country Clearance (ECC) process - to obtain a business visa prior to
coming to Namibia. Anecdotal evidence suggests that this has
permitted most USG-sponsored travelers to enter Namibia without
incident, even though Americans are not required to obtain business
visas for travel less than 90 days.

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The Way Forward?
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10. (SBU) On April 23, Ambassador Mathieu met with Minister of Home
Affairs and Immigration Rosalia Nghidinwa and Ms. Diedericks, Chief
Controls Officer,
to advise them of our concerns. Ms. Diedericks affirmed that
Americans do not require business visas. She also acknowledged that
the practices of Namibian embassy officials (who state visas are not
required) and immigration officials were inconsistent.
Nevertheless, she continued to suggest that USG officials and
contractors obtain business visas to avoid difficulties at the port
of entry. She agreed that the GRN position could have adverse
consequences for the visa reciprocity schedule, and suggested that
we discuss the matter with the Ministry of Foreign Affairs.


11. (SBU) Action requested: Post will raise the issue of
adherence to the visa reciprocity schedule with the Minister of
Foreign Affairs on May 20. Post also requests that the visa
reciprocity issue be raised with the Embassy of Namibia to
underscore the inconvenience and cost (N$390 per visa) occasioned by
American travelers on business. If the situation is not remedied,
post encourages the Department to review the visa reciprocity
schedule with Namibia and consider the possibility of negotiating
new visa categories.


12. (SBU) Action requested: Home Affairs officials have told
emboffs that they are revising their immigration legislation and
policies. Some officials have expressed to us that they understand
their current system is cumbersome. Given the expertise Consular
Affairs (CA) has in dealing with business, work and other visas,
post would like to know if the Department is able to provide any
technical assistance to the GRN to assist with this process.