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MarcGorelto 06/19/2002 12:50:23 PM From DB/lnbox: Marc Gorelic

Cable Text:
UTE3878
ORIGIN VO-03
INFO LOG-00 CA-01 UTED-00 TEDE-00 INSE-00 L-00 NEA-00
NSAE-00 CAEX-01 PPT-01 TEST-00 SAS-00 /006R
118147
SOURCE: KODAKA. 018056
DRAFTED BY: CA/VO/F/P : LTROST/LJT -- 06/14/02/ 3-1498
APPROVED BY: CA/VO:CBARRY
CA/VO/L/A: JGORSKY CA/VO/L/A: BPREVITI
CA/VO/F/P :MREGAN CA/VO/L/A: AISTON CA/EX/CSD FTURLEY
CA/VO/F/S: JBRENNAN CA/EX/CSD: SWHITMER
CA/VO/L/C : JPRITCHETT
------------------ BF15A2 182004Z /38
P 182000Z JUN 02
FM SECSTATE WASHDC
TO AMEMBASSY ABU DHABI PRIORITY
INFO AMCONSUL DUBAI PRIORITY
UNCLAS STATE 118147

E.O. 12958: N/A


TAGS: CVIS
SUBJECT: POTENTIAL PROBLEMS POSED BY THE PASSPORT OF THE
UNITED ARAB EMIRATES
REFTELS: A) ABU DHABI 2399 B)ABU DHABI 511

J 1. Reftels requested guidance on processing NIV


applications from applicants whose UAE passports do not
list their correct country of birth. Reftels have
reported that Conoff has demarched the UAE government and
the government on its practice of listing UAE as the place
of birth for its naturalized citizens and in certain other
circumstances, and that the UAE government is highly
unlikely to change this practice.
2. INA 101 (a) (30) defines a passport as one showing,
among other required elements, "the bearer's origin,"
i.e., the place of birth (POB) . Consequently, a passport
that shows an incorrect POB would not qualify as a valid
passport. Aliens who present such passports are
ineligible for visa issuance under 212 (a) (7) (B) because
they don't have a passport meeting the requirements of INA
101(a) (30).
3. Abu Dhabi has mentioned that naturalized citizens may
obtain passports listing their correct place of birth but
some choose not to for cultural reasons. Other
naturalized citizens do present passports that reflect
their actual POBs . Given that it is possible for
naturalized UAE citizens to obtain a passport showing
their true place of birth, post should continue to refuse
applicants with passports not reflecting their true POBs
on 221 (g) grounds and advise them to seek corrected
passports .

4. VO notes that the INA provides that several documents

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may be used together as a passport (22 CFR (9 FAM)


41.104(a)) in order to meet the requirements of INA
101(a)(30). Therefore, an alien might be permitted to
remedy the problem of an inaccurate FOB in the passport by
presenting other official documentation (e.g., a birth
certificate) showing the actual place of birth. While
this is a possible legal solution, VO has security
concerns that prevent us from recommending this as a
policy option to Post.
5. However, in the extremely rare circumstances where
Post believes the planned travel is in the USG's interest
and it is not practicable to request the alien obtain a
new, corrected passport, as per ref A, conoff may accept
supplemental documentation issued by a competent authority
showing the correct FOB, provided the visa is annotated to
indicate that the passport is not valid unless presented
with the supplemental documentation. Alternatively, post
may seek INS concurrence and request a waiver of passport
and visa requirements under 212(d)(4), as described in 9
FaM 41.3 and 9 FaM 41.3 N3.
6. Regarding Abu Dhabi's question on whether a "double
namecheck" should be performed using both the "listed"
place of birth and the "suspected place of birth," Abu
Dhabi should send both namechecks.
POWELL

NNNN

End Cable Text

MarcGorelic 06/19/2002 12:50:23 PM From DB/lnbox: Marc Gorelic

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