9 FAM 302.14
(U) Ineligibility based on Sanctioned activities - INA 212(a)(3)(C), INA 212(f), 7031(c), and Global Magnitsky
(CT:VISA-2026; 07-17-2024)
(Office of Origin: CA/VO)
9 FAM 302.14-1 (U) Statutory and REgulatory Authority
9 FAM 302.14-1(A) (U) Immigration and Nationality Act
(CT:VISA-1095; 07-10-2020)
(U) INA 212(a)(3)(C) (8 U.S.C. 1182(a)(3)(C)); INA 212(f) (8 U.S.C. 1182(f)).
9 FAM 302.14-1(B) (U) Public Laws
(CT:VISA-1989; 05-22-2024)
(U) The Sergei Magnitsky Rule of Law Accountability Act of 2012, Title IV of the Russia and Moldova Jackson-Vanik Repeal (Public Law 112-208); and Section 7031(c) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2023 (P.L. 117-328) as carried forward by the Continuing Appropriations Act, 2024 (Div. A, P.L. 118-15) (“Section 7031(c)”).
9 FAM 302.14-1(C) (U) Presidential Proclamations and Executive Orders
(CT:VISA-1989; 05-22-2024)
(U) Presidential Proclamation 7750- To Suspend Entry as Immigrants or Nonimmigrants of Persons Engaged In or Benefiting From Corruption; Presidential Proclamation 8693 - Suspension of Entry of Aliens Subject to United Nations Security Council Travel Bans and International Emergency Economic Powers Act Sanctions; Presidential Proclamation 8697 of August 4, 2011 - Suspension of Entry as Immigrants and Nonimmigrants of Persons Who Participate in Serious Human Rights and Humanitarian Law Violations and Other Abuses; Presidential Proclamation 10685 on the Suspension of Entry of Persons Enabling Corruption.
9 FAM 302.14-2 (U) ADVERSE FOREIGN POLICY CONSEQUENCES - INA 212(a)(3)(C)
9 FAM 302.14-2(A) (U) Grounds
(CT:VISA-1278; 05-13-2021)
(U) INA 212(a)(3)(C) allows the Secretary of State to exclude, under certain circumstances, any applicant whose entry or proposed activities in the United States would have potentially serious adverse foreign policy consequences for the United States.
9 FAM 302.14-2(B) (U) Application
9 FAM 302.14-2(B)(1) (U) Exceptions for Foreign Officials or Candidates for Government Office
(CT:VISA-1278; 05-13-2021)
(U) An applicant who is an official of a foreign government or purported government, or who is a candidate for election to a foreign government office, may not be excluded under INA 212(a)(3)(C) solely because of any past, current, or expected beliefs, statements, or associations which would be lawful in the United States. In such cases, exclusion must be based on factors related to the applicant’s entry or proposed activities which go beyond the applicant’s beliefs, statements, and associations, and which have the requisite potential for serious adverse foreign policy consequences.
9 FAM 302.14-2(B)(2) (U) Exceptions for Other Applicants
(CT:VISA-1545; 05-24-2022)
(U) Applicants other than foreign government officials or candidates for government office may not be excluded because of their past, current, or expected beliefs, statements, or associations, if lawful in the United States, unless the Secretary of State personally determines that the applicant’s admission would compromise a compelling U.S. foreign policy interest. “Compromise a compelling United States foreign policy interest” is a significantly higher standard than the “have potentially serious adverse foreign policy consequences” standard generally required for a finding of ineligibility under INA 212(a)(3)(C).
9 FAM 302.14-2(B)(3) (U) Reports to Congress
(CT:VISA-2026; 07-17-2024)
(U) INA 212(a)(3)(C)(iv) applies to determinations made under clause (iii). Sec. 51(a)(1) of the State Department Basic authorities act of 1956 (22 U.S.C. 2723(a)(1)) and requires the Department to report all 3C refusals to Congress. The Secretary of State must report, on a timely basis, to the Judiciary Committees of the House and Senate, the House Foreign Affairs Committee, and the Senate Foreign Relations Committee every denial of a visa “on the grounds of foreign policy.” The Department has interpreted the words “on a timely basis” to mean within thirty days following the denial. Accordingly, whenever we render an opinion that the entry or proposed activities of an applicant would have potentially serious adverse foreign policy consequences within the meaning of INA 212(a)(3)(C), you are required to report promptly to the Department the precise date on which the applicant’s application was denied for that reason.
9 FAM 302.14-2(C) Unavailable
9 FAM 302.14-2(C)(1) Unavailable
(CT:VISA-2026; 07-17-2024)
Unavailable
9 FAM 302.14-2(C)(2) Unavailable
(CT:VISA-2026; 07-17-2024)
Unavailable
9 FAM 302.14-2(D) (U) Waiver
9 FAM 302.14-2(D)(1) (U) Waivers for Immigrants
(CT:VISA-1278; 05-13-2021)
(U) No waiver is available but ineligibility under INA 212(a)(3)(C) applies only to current circumstances.
9 FAM 302.14-2(D)(2) (U) Waivers for Nonimmigrants
(CT:VISA-1278; 05-13-2021)
(U) No waiver is available but ineligibility under INA 212(a)(3)(C) applies only to current circumstances.
9 FAM 302.14-2(E) Unavailable
9 FAM 302.14-2(E)(1) Unavailable
(CT:VISA-2026; 07-17-2024)
Unavailable
9 FAM 302.14-2(E)(2) Unavailable
(CT:VISA-1545; 05-24-2022)
Unavailable
9 fam 302.14-3 (U) Suspension of Entry by President - INA 212(f)
9 FAM 302.14-3(A) (U) Grounds
(CT:VISA-1989; 05-22-2024)
(U) INA 212(f) provides that whenever the President finds that the entry of any applicants or of any class of applicants into the United States would be detrimental to the interests of the United States, the President may by proclamation, and for such period as he/she deems necessary, suspend the entry of all applicants or any class of applicants as immigrants or nonimmigrants, or impose on the entry of applicants any restrictions he/she may deem to be appropriate.
9 FAM 302.14-3(B) (U) Scope
(CT:VISA-1989; 05-22-2024)
(U) The information below addresses certain INA 212(f) visa restrictions but is not intended to be a comprehensive list of all Presidential Proclamations and Executive Orders invoking this authority. See 9 FAM 304.5 for country-specific information on presidential proclamations and executive orders.
9 FAM 302.14-3(C) (U) Application
9 FAM 302.14-3(C)(1) (U) In General
(CT:VISA-2026; 07-17-2024)
a. (U) Basis for Suspension of Entry: INA 212(f) authorizes the President to suspend entry into the United States of “any applicants or any class of applicants” or to "impose on the entry of applicants any restrictions he/she may deem appropriate" for such period as he/she deems necessary upon determining that their entry “would be detrimental to the interests of the United States.”
b. (U) Presidential Proclamations: The President exercises this authority by issuing a Presidential Proclamation ("PP") barring certain applicants or a class of applicants ineligible for entry into the United States or imposing appropriate restrictions on their entry.
(1) (U) A Presidential Proclamation typically grants the Secretary of State authority to identify individuals covered by the Presidential Proclamation and waive its application for foreign policy or other national interests.
(2) (U) Some Presidential Proclamations bar entry based on affiliation, such as PP7062 (suspends the entry of “members of the military junta in Sierra Leone and members of their families”); and
(3) (U) Other Presidential Proclamations suspend the entry of persons based on objectionable conduct. Examples include:
(a) (U) PP8015 (suspends entry of individuals "who formulate, implement, participate in, or benefit from policies or actions, including electoral fraud, human rights abuses, or corruption, that undermine or injure democratic institutions or impede the transition to democracy in Belarus;" and
(b) (U) PP7750 (suspends the entry of certain “persons engaged in or benefitting from corruption”).
c. (U) INA 212(f) and Other Statutory Ineligibility: Applicants who have engaged in conduct covered by a Presidential Proclamation issued under the authority of INA 212(f) may also be ineligible under other sections of the INA or other statutes. These possible ineligibilities must be considered before determining whether a Presidential Proclamation applies. For example, an applicant believed to have engaged in public corruption covered by PP7750, but who also has one or more criminal convictions making him ineligible under INA 212(a)(2), should be denied under the latter authority.
9 FAM 302.14-3(C)(2) Unavailable
(CT:VISA-2026; 07-17-2024)
a. Unavailable
b. Unavailable
9 FAM 302.14-3(D) Unavailable
(CT:VISA-2026; 07-17-2024)
a. (U) In General:
(1) Unavailable
(2) Unavailable
(a) Unavailable
(b) Unavailable
(c) Unavailable
(3) Unavailable
9 FAM 302.14-3(E) (U) Waivers
9 FAM 302.14-3(E)(1) (U) Waivers for Immigrants
(CT:VISA-1989; 05-22-2024)
(U) No waiver is available for immigrants under INA 212(f). See proclamation-specific guidance below, and 9 FAM 304.5 on country-specific proclamations, regarding exceptions that may permit visa issuance under limited circumstances.
9 FAM 302.14-3(E)(2) (U) Waivers for Nonimmigrants
(CT:VISA-1989; 05-22-2024)
(U) No waiver is available for nonimmigrants ineligible under INA 212(f). See proclamation-specific guidance below, and 9 FAM 304.5 for country-specific proclamations, regarding exceptions that may permit visa issuance under limited circumstances.
9 FAM 302.14-3(F) Unavailable
9 FAM 302.14-3(F)(1) Unavailable
(CT:VISA-2026; 07-17-2024)
Unavailable
9 FAM 302.14-3(F)(2) Unavailable
(CT:VISA-1989; 05-22-2024)
Unavailable
9 FAM 302.14-4 (U) Thematic Proclamations
(CT:VISA-2026; 07-17-2024)
(U) The presidential proclamations discussed below have global applicability. For information on country-specific presidential proclamations, see 9 FAM 304.5 Special Clearance and Issuance Procedures for that country.
9 FAM 302.14-4(A) (U) Presidential Proclamation 7750-- Suspension Of Entry As Immigrants Or Nonimmigrants of Persons Engaged in or Benefiting from Corruption
9 FAM 302.14-4(A)(1) (U) Grounds
(CT:VISA-1989; 05-22-2024)
(U) Presidential Proclamation PP7750:
(1) (U) On January 12, 2004, President signed PP7750 suspending entry into the United States – as nonimmigrants and immigrants– of:
(a) (U) Public officials or former public officials whose solicitation or acceptance of any article of monetary value, or other benefit, in exchange for any act or omission in the performance of their public functions has or had serious adverse effects on the national interests of the United States;
(b) (U) Persons whose provision of or offer to provide any article of monetary value or other benefit to any public official in exchange for any act or omission in the performance of such official's public functions has or had serious adverse effects on the national interests of the United States
(c) (U) Public officials or former public officials whose misappropriation of public funds or interference with the judicial, electoral, or other public processes has or had serious adverse effects on the national interests of the United States.
(d) (U) The spouses, children, and dependent household members of persons described in paragraphs (a), (b), and (c) above, who are beneficiaries of any articles of monetary value or other benefits obtained by such persons.
(2) (U) The acts of corruption must have had serious adverse effects on U.S. national interests in any of the following four areas:
(a) (U) International economic activity of U.S. businesses;
(b) (U) U.S. foreign assistance goals;
(c) (U) Security of the United States against transnational crime and terrorism; or
(d) (U) Stability of democratic institutions and nations.
9 FAM 302.14-4(A)(2) (U) Application
(CT:VISA-2026; 07-17-2024)
a. (U) In General: PP7750 is an anticorruption visa tool which is often used in tandem with the corruption prong of Section 7031(c), which covers current and former foreign officials and their families. See 9 FAM 302.14-5(A) paragraph c for how to apply Section 7031(c). Individuals who are not or were not foreign officials when they were involved in corrupt activities, would only be eligible for designation under PP7750.
b. (U) In accordance with Section 4 of PP7750, applicable to all persons covered by Section 1 of the PP, the visa restrictions do not apply to an individual if the Secretary or the Secretary’s designee determines that the individual’s entry into the United States would not be contrary to the interests of the United States.
c. (U) Section 5 of the proclamation notes that nothing in the proclamation “shall be construed to derogate from United State Government obligations under applicable international agreements. Accordingly, the restriction on entry of individuals designated under PP7750 does not apply where travel is necessary to permit the United States to fulfill its obligations under the United Nations Headquarters Agreement or other applicable international agreements.
d. Unavailable
e. Unavailable
9 FAM 302.14-4(A)(3) Unavailable
(CT:VISA-2026; 07-17-2024)
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d. (U) Subsequent Visa Applications from Persons Determined to be Covered by PP7750:
(1) Unavailable
(2) Unavailable
(3) Unavailable
9 FAM 302.14-4(A)(4) (U) Waivers
(CT:VISA-2026; 07-17-2024)
a. (U) Waivers for Immigrants: No waiver is available for an IV applicant. See 9 FAM 302.14-4(A)(2) paragraph b and c regarding exceptions that may permit visa issuance under limited circumstances.
b. (U) Waivers for Nonimmigrants: No waiver is available for an NIV applicant. See 9 FAM 302.14-4(A)(2) paragraph b and c regarding exceptions that may permit visa issuance under limited circumstances.
9 FAM 302.14-4(A)(5) Unavailable
(CT:VISA-2026; 07-17-2024)
a. Unavailable
b. Unavailable
9 FAM 302.14-4(A)(6) (U) Nominations for Determinations under PP7750 Outside of the Visa Process
(CT:VISA-1989; 05-22-2024)
a. Unavailable
b. Unavailable
9 FAM 302.14-4(B) (U) Presidential Proclamation 8693
9 FAM 302.14-4(B)(1) (U) Grounds
(CT:VISA-1989; 05-22-2024)
Unavailable
9 FAM 302.14-4(B)(2) (U) Application
(CT:VISA-2026; 07-17-2024)
a. Unavailable
b. (U) PP8693 also suspends entry of applicants designated under IEEPA. OFAC implements and enforces IEEPA sanctions. Designated individuals and organizations are listed on OFAC's searchable SDN list.
c. Unavailable
9 FAM 302.14-4(B)(3) (U) Employees of Sanctioned Companies
(CT:VISA-2026; 07-17-2024)
a. Unavailable
b. Unavailable
c. Unavailable
d. Unavailable
9 FAM 302.14-4(B)(4) Unavailable
(CT:VISA-2026; 07-17-2024)
a. (U) In General
(1) Unavailable
(2) Unavailable
(a) Unavailable
(b) Unavailable
(c) Unavailable
b. (U) United Nations Security Council Travel Bans:
(1) Unavailable
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(3) Unavailable
c. (U) International Emergency Economic Powers Act (IEEPA):
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c. (U) Procedures:
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9 FAM 302.14-4(B)(5) (U) Waiver
(CT:VISA-1989; 05-22-2024)
a. (U) Waivers for Immigrants: No waiver is available for IV applicants. See 9 FAM 302.14-4(B)(4) paragraph a (2)(a) above regarding non-application provisions.
b. (U) Waivers for Nonimmigrants: No waiver is available for NIV applicants. See 9 FAM 302.14-4(B)(4) paragraph a (2)(a) above regarding non-application provisions.
9 FAM 302.14-4(B)(6) Unavailable
(CT:VISA-1989; 05-22-2024)
a. Unavailable
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b. Unavailable
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9 FAM 302.14-4(C) (U) Presidential Proclamation 8697
9 FAM 302.14-4(C)(1) (U) In General
(CT:VISA-2026; 07-17-2024)
a. (U) On August 4, 2011, President Obama issued Presidential Proclamation 8697 on the Suspension of Entry as Immigrants and Nonimmigrants of Persons Who Participate in Serious Human Rights and Humanitarian Law Violations and Other Abuses.
b. (U) PP8697 generally covers the following classes of persons:
(1) (U) Any applicant who planned, ordered, assisted, aided and abetted, committed or otherwise participated in, including through command responsibility, widespread or systematic violence against any civilian population based in whole or in part on race, color, descent, sex, disability, membership in an indigenous group, language, religion, political opinion, national origin, ethnicity, membership in a social group, birth, sexual orientation, or gender identity, or who attempted or conspired to do so. See paragraph d below; or
(2) (U) Any applicant who planned, ordered, assisted, aided and abetted, committed or otherwise participated in, including through command responsibility, war crimes, crimes against humanity, or other serious violations of human rights, or who attempted or conspired to do so. See paragraph d below.
c. (U) PP8697 does not apply to an applicant if the Secretary determines that the individual's entry either would not harm U.S. foreign relations interests or would be in the interests of the United States. This latter determination is to be made in consultation with the Secretary of Homeland Security on matters related to admissibility or ineligibility within the authority of the Secretary of Homeland Security.
d. (U) Definitions: The definitions below were developed to help you determine whether an applicant's conduct falls within the scope of PP8697; they do not represent a definitive state of the Department's views on these issued under international or domestic law.
(1) (U) Widespread or Systematic Violence:
(a) (U) “Widespread” violence can be characterized by its extensive nature. Factors in assessing whether violence was widespread could include the number of victims or locations, and the number, type, or frequency of violent incidents involved.
(b) (U) “Systematic” violence can be characterized by a pattern, policy, or plan, such as an organized nature to the violence in question.
(c) (U) "Widespread or Systematic Violence," like "Other Serious Violations of Human Rights" (see paragraph (2)(c) below), does not require contextual determinations regarding the existence of an "armed conflict" or "state or organizational policies." To the extent that certain acts meet this definition, it is not necessary to determine whether they also or independently meet the definitions in section (2)(a) or (2)(b) below.
(2) (U) War Crimes, Crimes Against Humanity, or Other Serious Violations of Human Rights:
(a) (U) The term “war crimes” refers to serious violations of the laws of war committed by, or conspired, attempted, or ordered to be committed by, any person (civilian or military). War crimes only occur in the context of armed conflict. Internal disturbances and tensions, such as riots, isolated and sporadic acts of violence, and other acts of a similar nature generally are not considered “armed conflicts” in this context. The following acts may be examples of “war crimes” (see also, the War Crimes Act, 18 U.S.C. 2441):
(i) (U) Grave breaches of the Geneva Conventions of August 12, 1949, which include any of the following acts against persons (e.g., civilians, detainees, wounded combatants) or property protected under the Geneva Conventions:
(A) (U) Willful killing;
(B) (U) Torture or inhuman treatment, including biological experiments;
(C) (U) Willfully causing great suffering, or serious injury to body or health;
(D) (U) Extensive destruction and appropriation of property not justified by military necessity and carried out unlawfully and wantonly;
(E) (U) Compelling a prisoner of war or other protected person to serve in the forces of the hostile Power;
(F) (U) Willfully depriving a prisoner of war or other protected person of the rights of fair and regular trial;
(G) (U) Unlawful deportation or transfer or unlawful confinement of a protected person;
(H) (U) Taking of hostages.
(ii) (U) Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals, and places where the sick and wounded are collected, if these buildings are not military objectives;
(iii) (U) Intentionally directing attacks against the civilian population as such or against individual civilians or civilian objects (objects that are not military objectives);
(iv) (U) Rape, sexual assault, sexual slavery, or sexual abuse;
(v) (U) Making use of poison, such as poisoning wells or streams;
(vi) (U) Maltreatment of dead bodies;
(vii) (U) Purposeless destruction, such as firing on civilian localities that are undefended and without military significance;
(viii) (U) Misuse of a flag of truce (e.g., a person using a flag of truce to feign an intention to surrender when there is no such intention);
(ix) (U) Misuse of the Red Cross emblem (e.g., a person using a red cross to attempt to shield a building from attack when the building is being used for military purposes and may lawfully be attacked);
(x) (U) Pillage (i.e., a commander forcibly taking an enemy civilian’s private property for private or personal use without any military necessity nor other proper legal authorization);
(xi) (U) Summarily executing detainees without trial;
(xii) (U) Declaring that no quarter be given (i.e., a commander directing their forces not to accept any surrender from the enemy and instead to execute summarily captured enemy persons who have surrendered);
(xiii) (U) Using measures of intimidation or of terrorism against the civilian population;
(xiv) (U) Intentionally directing attacks against non-combatant personnel, installations, or vehicles used in humanitarian assistance or in peacekeeping missions;
(xv) (U) Subjecting persons who are in the power of an adverse party to physical mutilation or scientific experiments;
(xvi) (U) Using human shields;
(xvii) (U) Ordering the displacement of the civilian population unless the security of the civilians involved or imperative military reasons so demand;
(xviii) (U) Conscripting or enlisting children under the age of fifteen years into the national armed forces or armed groups or using them to participate actively in hostilities.
(b) (U) "Crimes against humanity" are generally characterized by certain acts that are committed as part of a widespread and systematic attack, as defined in (a) above, directed against a civilian population, where the attack is pursuant to or in furtherance of a state or organizational policy to commit such an attack.
(i) (U) The act itself must be committed with knowledge of the larger attack (e.g., the act must be committed under circumstances in which the perpetrator knew of the attack and was aware of the connection between their act and the attack).
(ii) (U) The attack need not amount to, or occur in the context of, an armed conflict.
(iii) (U) The types of acts that can amount to crimes against humanity when committed in the circumstances described above in section 2 and 2(a) include:
(A) (U) Murder;
(B) (U) Extermination;
(C) (U) Enslavement;
(D) (U) Deportation or forcible transfer of a civilian population;
(E) (U) Imprisonment or other severe deprivation of physical liberty;
(F) (U) Torture;
(G) (U) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity;
(H) (U) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, or gender grounds;
(I) (U) Enforced disappearances of persons;
(J) (U) Apartheid;
(K) (U) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.
(c) (U) "Other Serious Violations of Human Rights" do not need to be committed within the context of a widespread and systematic attack or an armed conflict. They include:
(i) (U) acts of slavery, the slave trade, and genocide regardless of who commits the acts; and
(ii) (U) the following and similar types of acts when committed under color of authority whether at a national, state, provincial, local, or municipal level of government:
(A) (U) Torture or cruel, inhuman, or degrading treatment or punishment;
(B) (U) Prolonged arbitrary detention;
(C) (U) Enforced disappearance of a person;
(D) (U) Arbitrary or extrajudicial killings and other flagrant denial of the right to life, liberty, or security of a person;
(E) (U) Rape, enforced prostitution, forced pregnancy, forced abortion, enforced sterilization, or any other form of sexual violence of comparable gravity;
(G) (U) Abuse of prisoners and detainees;
(H) (U) Arbitrary imprisonment for political motives;
(I) (U) Forced labor;
(J) (U) Egregious suppression, meaning "to put down [by force or otherwise], to subdue, quell or crush," of a person’s right to freedom of opinion, belief, expression, or association (suppression here covers actions that are more extreme and serious rather than any action that somehow interferes with someone's rights);
(K) (U) Unlawful recruitment into or use of children in armed forces or armed groups;
(L) (U) Apartheid or systematic racial discrimination;
(M) (U) Systematic discrimination against or persecution of members of any identifiable group based in whole or in part on race, color, descent, sex, disability, membership in an indigenous group, language, religion, political opinion, national origin, ethnicity, membership in a social group, birth or sexual orientation or gender identity.
(N) (U) Discrimination based on "birth," as used here, refers to discrimination against someone because they were born out of wedlock, born of stateless parents, was adopted, or is part of a family including such persons. It also could involve discrimination because of descent, especially based on caste and analogous systems of inherited status.
(d) (U) “Command responsibility” can refer to the responsibility of a military commander, a person effectively acting as a military commander, or other superiors that exercise effective control over their subordinates for any of the acts referred to above committed by a subordinate. Command responsibility exists when the commander knew or should have known that the subordinate was about to commit such acts or was in the process of committing or had committed such acts, and the commander failed to take the necessary and reasonable measures to prevent such acts, to halt such acts, and/or to punish the perpetrators. The commander need not have exercised formal supervisory authority; however, they must have exercised effective control over the subordinate, including the power to prevent and punish the prohibited acts of persons under their control, to be held responsible on this basis.
e. Unavailable
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h. (U) Revocations:
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k. Unavailable
l. (U) Confidentiality Under INA 222(f):
(1) Unavailable
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(3) Unavailable
9 FAM 302.14-4(C)(2) Unavailable
(CT:VISA-2026; 07-17-2024)
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9 FAM 302.14-4(D) (U) Presidential Proclamation 10685
(CT:VISA-2026; 07-17-2024)
a. (U) Presidential Proclamation 10685 suspends entry of "persons who have enabled, facilitated, or otherwise been involved in significant corruption, including through the laundering of its proceeds or obstruction of judicial or investigative processes, among other acts." It also suspends entry of immediate family members of such persons.
b. (U) In accordance with section 4(c), the travel restrictions do not apply where the Secretary of State determines that the person's entry would not be contrary to the interests of the United States, including cases where the person's entry would further important United States law enforcement objectives, based on the recommendation of the Attorney General.
c. (U) Section 6(c) states that it does not apply to any person otherwise covered by PP10685 if imposing visa restrictions would be:
(1) (U) inconsistent with the United States' obligations under applicable international agreements; or
(2) (U) based solely on a noncitizen's ideology, opinions, or beliefs.
d. Unavailable
e. (U) Questions: If you have questions about the application of PP10685, contact VisaSanctions@state.gov.
9 FAM 302.14-5 (U) SECTION 7031(C) OF THE STATE DEPARTMENT FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS ACT, ANTI-KLEPTOCRACY AND HUMAN RIGHTS
9 FAM 302.14-5(A) (U) Grounds
(CT:VISA-2026; 07-17-2024)
a. (U) The Anti-Kleptocracy and Human Rights provision of the Department of State, Foreign Operations, and Related Programs Appropriations Act (hereinafter “Section 7031(c)”) is one of several visa authorities targeting foreign corruption and human rights violators. Congress has provided for 7031(c) authorities through regular annual appropriations since 2008, broadening or amending the scope as desired.
b. (U) Under the current version of Section 7031(c)(1)(A), “Officials of foreign governments and their immediate family members about whom the Secretary of State has credible information have been involved, directly or indirectly, in significant corruption, including corruption related to the extraction of natural resources, or a gross violation of human rights, including the wrongful detention of locally employed staff of a United States diplomatic mission or a United States citizen or national, shall be ineligible for entry into the United States.” Section 7031(c)(1)(C) of the law also requires the Secretary to designate those individuals meeting this standard publicly or privately, regardless of whether they have applied for a U.S. visa.
c. Unavailable
d. Unavailable
e. Unavailable
9 FAM 302.14-5(B) (U) Application
9 FAM 302.14-5(B)(1) (U) In General
(CT:VISA-2026; 07-17-2024)
a. Unavailable
b. Unavailable
c. Unavailable
9 FAM 302.14-5(B)(2) (U) Definitions
(CT:VISA-2026; 07-17-2024)
a. (U) The definitions below were developed to help you assess whether an applicant may fall within the scope of Section 7031(c) based on their conduct or family relationship; they do not represent a definitive state of the Department's views on these issues under international or domestic law.
(1) Unavailable
(2) (U) Gross Violations of Human Rights: The term “gross violation of human rights,” as used in Section 7031(c), encompasses conduct defined at Sections 116(a) and 502B of the Foreign Assistance Act as “gross violations of internationally recognized human rights,” which includes “torture or cruel, inhuman, or degrading treatment or punishment, prolonged detention without charge or trial, causing the disappearance of persons by the abduction and clandestine detention of those persons, and other flagrant denial of the right to life, liberty, or the security of persons.” The Department also looks to Section 3(a) of the Torture Victims Protection Act of 1991 to include "extrajudicial killing," to the Convention Against Torture to define "torture" and "cruel, inhuman, or degrading treatment or punishment (CIDTP)," and INA Section 212(a)(2)(G) to include "particularly severe violations of religious freedom" as understood GVHRs for purposes of Section 7031(c) ineligibility.
(3) (U) Immediate Family Members: For purposes of Section 7031(c), "immediate family members" includes spouses and children.
(a) (U) Under this definition, a "child" is not limited to the INA 101(b) definition and may refer to a person of any age.
(b) (U) The death of the covered official removes the Section 7031(c) ineligibility for immediate family members of that individual.
(c) (U) Divorced spouses of Section 7031(c)-ineligible individuals are not ineligible solely based on past marital ties.
9 FAM 302.14-5(B)(3) (U) Exceptions
(CT:VISA-1989; 05-22-2024)
a. (U) Under Section 7031(c)(2), individuals shall not be ineligible for entry into the United States under Section 7031(c)(1), if such entry:
(1) (U) Would further important United States law enforcement objectives; or
(2) (U) Is necessary to permit the United States to fulfill its obligations under the United Nations Headquarters Agreement.
b. Unavailable
9 FAM 302.14-5(B)(4) Unavailable
(CT:VISA-2026; 07-17-2024)
a. Unavailable
b. Unavailable
c. Unavailable
9 FAM 302.14-5(C) (U) Report to Congress
(CT:VISA-1989; 05-22-2024)
Unavailable
9 FAM 302.14-5(D) (U) Exception to Visa Record Confidentiality
(CT:VISA-2026; 07-17-2024)
Unavailable
9 FAM 302.14-5(E) Unavailable
9 FAM 302.14-5(E)(1) Unavailable
(CT:VISA-2026; 07-17-2024)
a. Unavailable
b. Unavailable
c. Unavailable
d. Unavailable
9 FAM 302.14-5(E)(2) Unavailable
(CT:VISA-2026; 07-17-2024)
a. Unavailable
b. Unavailable
c. Unavailable
d. Unavailable
e. Unavailable
f. Unavailable
g. Unavailable
h. Unavailable
9 FAM 302.14-5(F) (U) Subsequent Visa Applications from Persons Determined to be Covered by Section 7031(c)
(CT:VISA-2026; 07-17-2024)
a. Unavailable
b. Unavailable
9 FAM 302.14-5(G) (U) Waivers
(CT:VISA-2026; 07-17-2024)
a. (U) Under Section 7031(c)(3), the Secretary may waive the application of the ineligibility in 7031(c)(1), if the Secretary determines that:
(1) (U) A waiver would serve a compelling national interest; or
(2) (U) The circumstances which caused the individual to be ineligible have
changed sufficiently.
b. Unavailable
c. (U) Waivers for Immigrants: A waiver is available for an IV applicant.
d. (U) Waivers for Nonimmigrants: A waiver is available for NIV visa applicant.
9 FAM 302.14-5(H) Unavailable
9 FAM 302.14-5(H)(1) Unavailable
(CT:VISA-2026; 07-17-2024)
Unavailable
9 FAM 302.14-5(H)(2) Unavailable
(CT:VISA-1989; 05-22-2024)
Unavailable
9 FAM 302.14-5(I) Unavailable
(CT:VISA-2026; 07-17-2024)
a. Unavailable
b. Unavailable
9 FAM 302.14-6 (U) Global Magnitsky Human Rights Accountability Act (GloMAG)
(CT:VISA-2026; 07-17-2024)
a. Unavailable
b. Unavailable
c. Unavailable
d. Unavailable
e. Unavailable
f. (U) Questions: If you have questions about the application of GloMag, contact VisaSanctions@state.gov or see the Global Magnitsky hub.