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22 U.S.C. § 10223 — Imposition of sanctions with respect to human rights abuses and perpetration of a coup in Burma

Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 10223 — Imposition of sanctions with respect to human rights abuses and perpetration of a coup in Burma

**(a) Mandatory sanctions** Not later than 180 days after December 23, 2022, the President shall impose the sanctions described in subsection (d) with respect to any foreign person that the President determines— (1) is a senior official of— (A) the Burmese military or security forces of Burma; (B) the State Administration Council, the military-appointed cabinet at the level of Deputy Minister or higher, or a military-appointed minister of a Burmese state or region; or (C) an entity that primarily operates in the defense sector of the Burmese economy; or (2) is a Burmese state-owned commercial enterprise (other than an entity described in subsections (c)(1) and (c)(2)) that— (A) is operating in the industrial or extractive sectors; and (B) significantly financially benefits the Burmese military. **(b) Additional measure relating to facilitation of transactions** The Secretary of the Treasury may, in consultation with the Secretary of State, prohibit or impose strict conditions on the opening or maintaining in the United States of a correspondent account or payable-through account by a foreign financial institution that the President determines has, on or after December 23, 2022, knowingly conducted or facilitated a significant transaction or transactions on behalf of a foreign person subject to sanctions under this section imposed pursuant to subsection (a). **(c) Additional sanctions** The President may impose the sanctions described in subsection (d) with respect to— (1) the Myanma Oil and Gas Enterprise; (2) any Burmese state-owned enterprise that— (A) is not operating in the industrial or extractive sectors; and (B) significantly financially benefits the Burmese military; (3) a spouse or adult child of any person described in subsection (a

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Source file: Laws/federal/codes/united-states-code/title-22/section-10223-imposition-of-sanctions-with-respect-to-human-rights-abuses-and-perpetra--e18598472e.md
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Source location: Title 22, Chapter 109, § 10223; chapter-109-burma-unified-through-rigorous-military-accountability.md

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**(a) Mandatory sanctions** Not later than 180 days after December 23, 2022, the President shall impose the sanctions described in subsection (d) with respect to any foreign person that the President determines— (1) is a senior official of— (A) the Burmese military or security forces of Burma; (B) the State Administration Council, the military-appointed cabinet at the level of Deputy Minister or higher, or a military-appointed minister of a Burmese state or region; or (C) an entity that primarily operates in the defense sector of the Burmese economy; or (2) is a Burmese state-owned commercial enterprise (other than an entity described in subsections (c)(1) and (c)(2)) that— (A) is operating in the industrial or extractive sectors; and (B) significantly financially benefits the Burmese military. **(b) Additional measure relating to facilitation of transactions** The Secretary of the Treasury may, in consultation with the Secretary of State, prohibit or impose strict conditions on the opening or maintaining in the United States of a correspondent account or payable-through account by a foreign financial institution that the President determines has, on or after December 23, 2022, knowingly conducted or facilitated a significant transaction or transactions on behalf of a foreign person subject to sanctions under this section imposed pursuant to subsection (a). **(c) Additional sanctions** The President may impose the sanctions described in subsection (d) with respect to— (1) the Myanma Oil and Gas Enterprise; (2) any Burmese state-owned enterprise that— (A) is not operating in the industrial or extractive sectors; and (B) significantly financially benefits the Burmese military; (3) a spouse or adult child of any person described in subsection (a)(1); (4) any foreign person that, leading up to, during, and since the February 1, 2021, coup d’etat in Burma, is responsible for or has directly and knowingly engaged in— (A) actions or policies that significantly undermine democratic processes or institutions in Burma; (B) actions or policies that significantly threaten the peace, security, or stability of Burma; (C) actions or policies by a Burmese person that— (i) significantly prohibit, limit, or penalize the exercise of freedom of expression or assembly by people in Burma; or (ii) limit access to print, online, or broadcast media in Burma; or (D) the orchestration of arbitrary detention or torture in Burma or other serious human rights abuses in Burma; or (5) any Burmese entity that provides materiel to the Burmese military. **(d) Sanctions described** The sanctions described in this subsection are the following: (1) **Property blocking** — The President may exercise all powers granted to the President by the International Emergency Economic Powers Act ([50 U.S.C. 1701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1701&num=0&edition=prelim) et seq.) to the extent necessary to block and prohibit all transactions in all property and interests in property of the foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (2) **Foreign exchange** — The President may, pursuant to such regulations as the President may prescribe, prohibit any transactions in foreign exchange that are subject to the jurisdiction of the United States and in which the foreign person has any interest. (3) **Visas, admission, or parole** (A) *In general* — An alien who is described in subsection (a) or (c) is— (i) inadmissible to the United States; (ii) ineligible for a visa or other documentation to enter the United States; and (iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act ([8 U.S.C. 1101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101&num=0&edition=prelim) et seq.). (B) *Current visas revoked* (i) *In general* — The issuing consular officer, the Secretary of State, or the Secretary of Homeland Security (or a designee of one of such Secretaries) shall, in accordance with section 221(i) of the Immigration and Nationality Act ([8 U.S.C. 1201(i)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1201/i&num=0&edition=prelim)), revoke any visa or other entry documentation issued to an alien described in subparagraph (A) regardless of when the visa or other entry documentation is issued. (ii) *Effect of revocation* — A revocation under clause (i)— (I) shall take effect immediately; and (II) shall automatically cancel any other valid visa or entry documentation that is in the alien’s possession. **(e) Assessment and report on sanctions with respect to Burmese State-owned enterprise operating in the energy sector** (1) **In general** — Not later than 180 days after December 23, 2022, the President shall conduct an assessment with respect to the Burmese state-owned enterprise described in subsection (c)(1), including relevant factors pertaining to the possible application of sanctions on such enterprise. (2) **Report required** — Upon making the determination required by paragraph (1), the President shall submit to the appropriate congressional committees a report on the assessment. (3) **Form of report** — The report required by paragraph (2) shall be submitted in unclassified form but may include a classified annex. **(f) Exceptions** (1) **Exception for intelligence, law enforcement, and national security activities** — Sanctions under this section shall not apply to any authorized intelligence, law enforcement, or national security activities of the United States. (2) **Exception to comply with international obligations** — Sanctions under subsection (d)(3) shall not apply with respect to the admission of an alien if admitting or paroling the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. (3) **Exception relating to the provision of humanitarian assistance** — Sanctions under this section may not be imposed with respect to transactions or the facilitation of transactions for— (A) the sale of agricultural commodities, food, medicine, or medical devices to Burma; (B) the provision of humanitarian assistance to the people of Burma; (C) financial transactions relating to humanitarian assistance or for humanitarian purposes in Burma; or (D) transporting goods or services that are necessary to carry out operations relating to humanitarian assistance or humanitarian purposes in Burma. (4) **Exception relating to wind-down of projects** — Sanctions under this section shall not be imposed with respect to transactions or the facilitation of transactions related to the disposition of investments pursuant to— (A) agreements entered into between United States persons and the Government of Burma prior to May 21, 1997; (B) the exercise of rights pursuant to such agreements; or (C) transactions related to the subsequent operation of the assets encompassed by such disposed investments. **(g) Waiver** The President may, on a case-by-case basis waive the application of sanctions or restrictions imposed with respect to a foreign person under this section if the President certifies to the appropriate congressional committees at the time such waiver is to take effect that the waiver is in the national interest of the United States. **(h) Implementation; penalties** (1) **Implementation** — The President may exercise all authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act ([50 U.S.C. 1702](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1702&num=0&edition=prelim) and 1704) to carry out this section. (2) **Penalties** — The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ([50 U.S.C. 1705](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1705&num=0&edition=prelim)) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulations promulgated under this section to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of that Act [[50 U.S.C. 1705(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1705/a&num=0&edition=prelim)]. **(i) Report** Not later than 90 days after December 23, 2022, and annually thereafter for 8 years, the Secretary of State, in consultation with the Secretary of the Treasury, shall submit to the appropriate congressional committees a classified report that— (1) describes the primary sources of income to which the Burmese military has access and that the United States has been unable to reach using sanctions authorities; and (2) assesses the impact of the sanctions imposed pursuant to the authorities under this section on the Burmese people and the Burmese military.

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1701 — Unusual and extraordinary threat; declaration of national emergency; exercise of Presidential authorities

**(a)** Any authority granted to the President by [section 1702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1702&num=0&edition=prelim) may be exercised to deal with any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy, or economy of the United States, if the President declares a national emergency with respect to such threat. **(b)** The authorities granted to the President by [section 1702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1702&num=0&edition=prelim) may only be exercised to deal with an unusual and extraordinary threat with respect to which a national emergency has been declared for purposes of this chapter and may not be exercised for any other purpose. Any exercise of such authorities to deal with any new threat shall be based on a new declaration of national emergency which must be with respect to such threat.

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1101 — Definitions

**(a)** As used in this chapter— (1) The term “administrator” means the official designated by the Secretary of State pursuant to [section 1104(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1104/b&num=0&edition=prelim). (2) The term “advocates” includes, but is not limited to, advises, recommends, furthers by overt act, and admits belief in. (3) The term “alien” means any person not a citizen or national of the United States. (4) The term “application for admission” has reference to the application for admission into the United States and not to the application for the issuance of an immigrant or nonimmigrant visa. (5) The term “Attorney General” means the Attorney General of the United States. (6) The term “border crossing identification card” means a document of identity bearing that designation issued to an alien who is lawfully admitted for permanent residence, or to an alien who is a resident in foreign contiguous territory, by a consular officer or an immigration officer for the purpose of crossing over the borders between the United States and foreign contiguous territory in accordance with such conditions for its issuance and use as may be prescribed by regulations. Such regulations shall provide that (A) each such document include a biometric identifier (such as the fingerprint or handprint of the alien) that is machine readable and (B) an alien presenting a border crossing identification card is not permitted to cross over the border into the United States unless the biometric identifier contained on the card matches the appropriate biometric characteristic of the alien. (7) The term “clerk of court” means a clerk of a naturalization court. (8) The terms “Commissioner” and “Deputy Commissioner” mean the Co

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1702 — Presidential authorities

**(a) In general** (1) At the times and to the extent specified in [section 1701 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1701&num=0&edition=prelim), the President may, under such regulations as he may prescribe, by means of instructions, licenses, or otherwise— (A) investigate, regulate, or prohibit— (i) any transactions in foreign exchange, (ii) transfers of credit or payments between, by, through, or to any banking institution, to the extent that such transfers or payments involve any interest of any foreign country or a national thereof, (iii) the importing or exporting of currency or securities, by any person, or with respect to any property, subject to the jurisdiction of the United States; (B) investigate, block during the pendency of an investigation, regulate, direct and compel, nullify, void, prevent or prohibit, any acquisition, holding, withholding, use, transfer, withdrawal, transportation, importation or exportation of, or dealing in, or exercising any right, power, or privilege with respect to, or transactions involving, any property in which any foreign country or a national thereof has any interest by any person, or with respect to any property, subject to the jurisdiction of the United States; and.11 So in original. The period probably should not appear. (C) when the United States is engaged in armed hostilities or has been attacked by a foreign country or foreign nationals, confiscate any property, subject to the jurisdiction of the United States, of any foreign person, foreign organization, or foreign country that he determines has planned, authorized, aided, or engaged in such hostilities or attacks against the United States; and all right, title, and interest in any prop

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1705 — Penalties

**(a) Unlawful acts** It shall be unlawful for a person to violate, attempt to violate, conspire to violate, or cause a violation of any license, order, regulation, or prohibition issued under this chapter. **(b) Civil penalty** A civil penalty may be imposed on any person who commits an unlawful act described in subsection (a) in an amount not to exceed the greater of— (1) $250,000; or (2) an amount that is twice the amount of the transaction that is the basis of the violation with respect to which the penalty is imposed. **(c) Criminal penalty** A person who willfully commits, willfully attempts to commit, or willfully conspires to commit, or aids or abets in the commission of, an unlawful act described in subsection (a) shall, upon conviction, be fined not more than $1,000,000, or if a natural person, may be imprisoned for not more than 20 years, or both. **(d) Statute of limitations** (1) **Time for commencing proceedings** (A) *In general* — An action, suit, or proceeding for the enforcement of any civil fine, penalty, or forfeiture, pecuniary or otherwise, under this section shall not be entertained unless commenced within 10 years after the latest date of the violation upon which the civil fine, penalty, or forfeiture is based. (B) *Commencement* — For purposes of this paragraph, the commencement of an action, suit, or proceeding includes the issuance of a pre-penalty notice or finding of violation. (2) **Time for indictment** — No person shall be prosecuted, tried, or punished for any offense under subsection (c) unless the indictment is found or the information is instituted within 10 years after the latest date of the violation upon which the indictment or information is based.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 10223 — Sanctions and policy coordination for

Page 2324 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 10223 classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables. § 10223. Sanctions and policy coordination for Burma (a) In general The head of the Office of Sanctions Coordina- tion in the Department of State should develop a comprehensive strategy for the implementa- tion of the full range of United States diplo- matic capabilities to implement Burma-related sanctions in order to promote human rights and the restoration of civilian government in Burma. (b) Matters to be included The strategy described in subsection (a) should include plans and steps to— (1) coordinate the sanctions policies of the United States with relevant bureaus and of- fices in the Department of State and other rel- evant United States Government agencies; (2) conduct relevant research and vetting of entities and individuals that may be subject to sanctions and coordinate with other United States Government agencies and international financial intelligence units to assist in efforts to enforce anti-money laundering and anti- corruption laws and regulations; (3) promote a comprehensive international effort to impose and enforce multilateral sanc- tions with respect to Burma; (4) support interagency United States Gov- ernment efforts, including efforts of the United States Chief of Mission to Burma, the United States Ambassador to ASEAN, and the United States Permanent Representative to the United Nations, relating to— (A) identifying opportunities to exert pres- sure on the governments of the People’s Re- public of China and the Russian Federation to support multilateral action against the Burmese military; and (B) working with like-minded partners to impos

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1701 — Unusual and extraordinary threat; dec-

Page 151 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 CHAPTER 35—INTERNATIONAL EMERGENCY ECONOMIC POWERS Sec. 1701. Unusual and extraordinary threat; declara- tion of national emergency; exercise of Presidential authorities. 1702. Presidential authorities. 1703. Consultation and reports. 1704. Authority to issue regulations. 1705. Penalties. 1706. Savings provisions. 1707. Multinational economic embargoes against governments in armed conflict with the United States. 1708. Actions to address economic or industrial es- pionage in cyberspace. 1709. Imposition of sanctions with respect to theft of trade secrets of United States persons. 1710. Confronting asymmetric and malicious cyber activities. § 1701. Unusual and extraordinary threat; dec- laration of national emergency; exercise of Presidential authorities (a) Any authority granted to the President by section 1702 of this title may be exercised to deal with any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national secu- rity, foreign policy, or economy of the United States, if the President declares a national emergency with respect to such threat. (b) The authorities granted to the President by section 1702 of this title may only be exer- cised to deal with an unusual and extraordinary threat with respect to which a national emer- gency has been declared for purposes of this chapter and may not be exercised for any other purpose. Any exercise of such authorities to deal with any new threat shall be based on a new dec- laration of national emergency which must be with respect to such threat. (Pub. L. 95–223, title II, § 202, Dec. 28, 1977, 91 Stat. 1626.) Statutory Notes and Related Subsidiaries SHORT TITLE

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1702 — Presidential authorities

Page 224 TITLE 50—WAR AND NATIONAL DEFENSE § 1702 1 So in original. The period probably should not appear. Notice of President of the United States, dated June 24, 2008, 73 F.R. 36255. Notice of President of the United States, dated June 22, 2007, 72 F.R. 34981. Notice of President of the United States, dated June 22, 2006, 71 F.R. 36183. Notice of President of the United States, dated June 23, 2005, 70 F.R. 36803. Notice of President of the United States, dated June 24, 2004, 69 F.R. 36005. Notice of President of the United States, dated June 20, 2003, 68 F.R. 37389. Notice of President of the United States, dated June 21, 2002, 67 F.R. 42703. Ex. Ord. No. 13304, May 28, 2003, 68 F.R. 32315. Ex. Ord. No. 14033, June 8, 2021, 86 F.R. 31079. YEMEN Ex. Ord. No. 13611, May 16, 2012, 77 F.R. 29533. Continuations of national emergency declared by Ex. Ord. No. 13611 were contained in the following: Notice of President of the United States, dated May 14, 2024, 89 F.R. 42765. Notice of President of the United States, dated May 11, 2023, 88 F.R. 31141. Notice of President of the United States, dated May 9, 2022, 87 F.R. 29023. Notice of President of the United States, dated May 11, 2021, 86 F.R. 26341. Notice of President of the United States, dated May 7, 2020, 85 F.R. 27643. Notice of President of the United States, dated May 13, 2019, 84 F.R. 22047. Notice of President of the United States, dated May 14, 2018, 83 F.R. 22585. Notice of President of the United States, dated May 8, 2017, 82 F.R. 21905. Notice of President of the United States, dated May 12, 2016, 81 F.R. 30155. Notice of President of the United States, dated May 13, 2015, 80 F.R. 27851. Notice of President of the United States, dated May 12, 2014, 79 F.R. 27477. Notice of

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1705 — Penalties

Page 227 TITLE 50—WAR AND NATIONAL DEFENSE § 1706 Editorial Notes REFERENCES IN TEXT The National Emergencies Act, referred to in subsec. (d), is Pub. L. 94–412, Sept. 14, 1976, 90 Stat. 1255. Title IV of the National Emergencies Act enacted subchapter IV (§ 1641) of chapter 34 of this title. For complete clas- sification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables. § 1704. Authority to issue regulations The President may issue such regulations, in- cluding regulations prescribing definitions, as may be necessary for the exercise of the authori- ties granted by this chapter. (Pub. L. 95–223, title II, § 205, Dec. 28, 1977, 91 Stat. 1628.) § 1705. Penalties (a) Unlawful acts It shall be unlawful for a person to violate, at- tempt to violate, conspire to violate, or cause a violation of any license, order, regulation, or prohibition issued under this chapter. (b) Civil penalty A civil penalty may be imposed on any person who commits an unlawful act described in sub- section (a) in an amount not to exceed the greater of— (1) $250,000; or (2) an amount that is twice the amount of the transaction that is the basis of the viola- tion with respect to which the penalty is im- posed. (c) Criminal penalty A person who willfully commits, willfully at- tempts to commit, or willfully conspires to com- mit, or aids or abets in the commission of, an unlawful act described in subsection (a) shall, upon conviction, be fined not more than $1,000,000, or if a natural person, may be impris- oned for not more than 20 years, or both. (d) Statute of limitations (1) Time for commencing proceedings (A) In general An action, suit, or proceeding for the en- forcement of any civil fine, penalty, or for- feiture, p

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1101 — Definitions

Page 16 TITLE 8—ALIENS AND NATIONALITY § 1101 Sec. 1484 to 1487. Repealed. 1488. Nationality lost solely from performance of acts or fulfillment of conditions. 1489. Application of treaties; exceptions. PART IV—MISCELLANEOUS 1501. Certificate of diplomatic or consular officer of United States as to loss of American na- tionality. 1502. Certificate of nationality issued by Secretary of State for person not a naturalized citizen of United States for use in proceedings of a foreign state. 1503. Denial of rights and privileges as national. 1504. Cancellation of United States passports and Consular Reports of Birth. SUBCHAPTER IV—REFUGEE ASSISTANCE 1521. Office of Refugee Resettlement; establish- ment; appointment of Director; functions. 1522. Authorization for programs for domestic re- settlement of and assistance to refugees. 1523. Congressional reports. 1524. Authorization of appropriations. 1525. Repealed. SUBCHAPTER V—ALIEN TERRORIST REMOVAL PROCEDURES 1531. Definitions. 1532. Establishment of removal court. 1533. Removal court procedure. 1534. Removal hearing. 1535. Appeals. 1536. Custody and release pending removal hearing. 1537. Custody and release after removal hearing. SUBCHAPTER I—GENERAL PROVISIONS § 1101. Definitions (a) As used in this chapter— (1) The term ‘‘administrator’’ means the offi- cial designated by the Secretary of State pursu- ant to section 1104(b) of this title. (2) The term ‘‘advocates’’ includes, but is not limited to, advises, recommends, furthers by overt act, and admits belief in. (3) The term ‘‘alien’’ means any person not a citizen or national of the United States. (4) The term ‘‘application for admission’’ has reference to the application for admission into the United States and not

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1201 — Issuance of visas

**(a) Immigrants; nonimmigrants** (1) Under the conditions hereinafter prescribed and subject to the limitations prescribed in this chapter or regulations issued thereunder, a consular officer may issue (A) to an immigrant who has made proper application therefor, an immigrant visa which shall consist of the application provided for in [section 1202 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1202&num=0&edition=prelim), visaed by such consular officer, and shall specify the foreign state, if any, to which the immigrant is charged, the immigrant’s particular status under such foreign state, the preference, immediate relative, or special immigrant classification to which the alien is charged, the date on which the validity of the visa shall expire, and such additional information as may be required; and (B) to a nonimmigrant who has made proper application therefor, a nonimmigrant visa, which shall specify the classification under [section 1101(a)(15) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101/a/15&num=0&edition=prelim) of the nonimmigrant, the period during which the nonimmigrant visa shall be valid, and such additional information as may be required. (2) The Secretary of State shall provide to the Service an electronic version of the visa file of each alien who has been issued a visa to ensure that the data in that visa file is available to immigration inspectors at the United States ports of entry before the arrival of the alien at such a port of entry. **(b) Registration; photographs; waiver of requirement** Each alien who applies for a visa shall be registered in connection with his application, and shall furnish copies of his photograph signed by him for such u

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