DRAFT PROCLAMATION ENTITLED, 'CONTROL OF PERSONS DEPARTING OR ENTERING THE UNITED STATES'
Document Type:
Collection:
Document Number (FOIA) /ESDN (CREST):
CIA-RDP59-00882R000200020004-1
Release Decision:
RIPPUB
Original Classification:
S
Document Page Count:
7
Document Creation Date:
December 9, 2016
Document Release Date:
August 16, 2000
Sequence Number:
4
Case Number:
Publication Date:
September 18, 1956
Content Type:
MEMO
File:
Attachment | Size |
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Body:
sttB~r`.cr i'+ proaw4it+ion erititled~ ,"Control of 'Per rm
~ ' ] s ear i , cr Entering the United'States"
The ` subject Paper hat been revi noed'1 aenorAano,
2o- Prom tha standpoint of the activities of this Staff
,.
-it cues not appear that the proposed proclamation Will advoreely
aCfp.ot tho entry or departure- of aliens. of interest to the
AFonay, It. is anticipated that the Secretary of State and
1.t orney Oeneral will continu? to ciooperate with the..A4Tncy .in
the ir?tementation of the proposed proclaetion as they )Ave in
t.,a pas w under Prot Carnation 3001, of 17 January 1953.
IM TIM &CTM -)IRFCTCIR OP SECURITY:
OGC HAS REVIEWED.
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Mfy dear Mr. Dulles :
Herewith is one copy of each of the foliorting.i
I. Draft proclamation headed "Control of persons departing or
entering the United States," which has been presented by the Office
of Defense Mobilization (prepared by the Departaertt of State).
2. Dover sheet presented therewith and rejating to the proposed
prooiaination.'
The Office, of Defense Mobilization and the :Dopartment of State
(2 _, i.erplate that thf' attached proposed. proclamation will be brought
to a state of readiness and kept on file at the White Houae.Office.
The. proposal has been discussed by the Defense?Mobilization Board.
The Director of 'the Bureau of the *Budget..would, appreciate, re-
ceiving an -expression of your views with respect to 'this. matter at
your earliest eonvenienaee
Honorable Allen W, ,Dulles
Director
Cen.t;ral. Intelligence Agency.
yJastdngton 25, D, C.
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DO PAGE
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PREPARING AGINCT
DATE DRAFTS 11~ 19 IMPLM1 TS EMERG CT ACTION LISTED IN
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APPROVING OFFICIAL:
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oitisens and aliens, this PpesldatisS.is U P""& to iactindidg
present controls to a new emergency, with certain perfecting
,amendments.
(Continue on reverse if need be)
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PROCLAMATION
TML OF - O S DEPARTING OR ENTEQat
THE UNITED STATES
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Q-1
BY-
-H S, section 215 of the Immigration and Nationalitm, Act, epac.ted
on June 27, 1952 (Public Law 41J,'82nd Congress; 66 Stat, 163,190) authorizes
The President to impose restrictions and prohibitions in addition to those
otherwise provided by that Act upon the departure of persons from, and their
entry into the United States, when the United States is-at war or during the
a istence of any national emergency proclaimed by. The President or, as to aliens,
' henever there exists a state of war between or among. two or more states, and
:hen The President shall find that the interests of the. UnitedStates so require;
and
v,1EI S, I have this day proclaimed that a state of-national emergency
exists; and
~tHEREA.S, The exigencies of the international situation and of the national
defense require that certain restrictions and prohibitions, in addition to those
otherwise provided by law, be imposed upon the departure of,,peredns frdm and
their entry into the United States:
NCv, TH 'OR3~,
President of theL United Stlifea of America, actEFg under and y:
e the
,
authority vest by section 215 of the Denigration 'and' Nationality Act :
and by section 30 Title 3 of the united states code, do hereby find and
publicly proc _ that the interests of the United States require that restric
posed upon the departure of persons from, and their entry into the United States;
and I hereby prescribe and make the following rules, regulations,. and orders with
respect thereto:
1. No citizen in the United States or person who ores allegiance to the
United States, shall depart from or enter, or atteapt to depart from or enter,
the United States, Including the Canal Zone, and all territories and waters,
continental or insular, subject to the jurisdiction of the united States, unless
he bears a valid passport issued by the Secretary of State,, or raider his
authority, or by a diplomatic or consular officer of the United States, or by
the Chief Executive of Hawaii, of Puerto Rico, of the Virgin 'Islands of the
United States, of American Sanoa, or of Guam, or unless he omen within the-
provisions of such exceptions or fulfills. such conditions as may be prescribed
in rules and regulations which have been or may be prescribed by the'Secretary
of State. Sections 53.1 to 53.9 of Title 22 of the Code of Federal. Regulations
are hereby incorporated and made a part of this rocl~anatian;: ar i the Secretary
of State is hereby authorized to revoke -no r amend suah i+egul8tions as he
nay find the interests of the United States re.
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hereby authorized to issue, amend, or revoke, as he may find the interests of
the United States to require.
'accordance with suclr rules and
regulations which the Secretary of State
's
purpose, or unless he is exempted from obtaining a permit to depart Vin
s
unless he is in possession of a valid permit to depart issued by the- Secretary
..rr,,.,..1 . s~_i-'
continental or insular, subject to the jurisdiction of the United State
United States, including the Canal Zone;' and all %erritory and waters
(b) No alien shall be issued a permit to 'depart, or be permitted
to depart, from the United States it it appears to .the satisfaction of the
Secretary of State that the departure of such alien would be prejudicial to
,the interests of the United States in accordance with such rules and regu-
lations which the Secretary of State is hereby authorized to issue, amend, or
revoke, as he- may find the interests of the' United States to ' re.
(c) Notwithstanding the provisions of subparagraphs (a) and (b)-of
this paragraph, the Attorney General 3rall have the power to prevent
temporarily the departure of any alien.as prejudicial to the interests of the
United States, until such time as the.Secretary of State shall., decide that the
departure, of such alien would'not be prejudicial. to the interests of the
United States.
3. (a) No alien shall enter, or attempt to enter, the United States,
including the Canal Zone, end all territory and waters, continental or in-
sular, subject to the jurisdiction of the United States? unless he is in
possession of a valid unexpired permit to.enter issued by the Secretary of
State, or by an appropriate officer designated by the Secretary of State, or
is exanpted from obtaining a permit to enter, in accordance with such -rules
and regulations which the Secretary, of State is hereby authorized to issue,
amend, or revoke, as he may find the interests of the United States to require.
(b) No alien shall be issued a permit' to enter the. United States if
it appears to the satisfaction of the Secretary of State or other permit-
issuing officer that the entry of such alien would be prejudicial to the
interests of the United States. in,aocordance with such rules and regulations,
which the Secretary of State is hereby- authorized to issue, amend, or revoke
as he may find the interests of the United States to requi r'' Provided,
That the Secretary ot State shall have final authority to ietezne as "to
whether the issuance of a permit to enter would be .prejudicial to the interests
of the United States.
(c) Notwithstanding the provisions of subparagraphs (a) and (b) of
this paragraph, no alien applying for admission into the united. States,. in-
cluding an alien in possession of a valid permit to enter, shall be permitted
to enter the United States if it appears to the satisfaction of the Attorney
General that the entry of such alien would be prejudicial to the interests of
the United States: Provided That the Attorney General shall innediately
notify the Secretary of a e of, any action taken to exclude, and, should the
Secretary of State so request, shall reach a final decision to. exclude Dnly
of ter consultation with the Secretary of State, with respect- to othe following
classes of nonimmigrant' aliens:
(1) Aliens applying for admission into the United States
as nonimnigrants under section 101.(a)(15)(A) or '(0) of the
Immigration and Nationality Act (66 Stat. 167, 166), or as
WgT:V"~_!1017
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