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|Notes to Foreign Affairs Manual - 9 FAM 41.51 Exhibit I|
|The following are special notes made to the list of countries with which a qualifying Treaty of Friendship, Commerce, or Navigation or its equivalent exists with the United States. This list can be found here and is provided by the U.S. Deparment of States' Foreign Affairs Manual at 9 FAM 41.51 Exhibit I.
China (Taiwan). Pursuant to Section 6 of the Taiwan Relations Act, Public Law 96-8, 93 Stat, 14, and Executive Order 12143, 44 F.R. 37191, this agreement, which was concluded with the Taiwan authorities prior to January 1, 1979, is administered on a nongovernmental basis by the American Institute in Taiwan, a nonprofit District of Columbia corporation, and constitutes neither recognition of the Taiwan authorities nor the continuation of any official relationship with Taiwan.
Czech Republic and Slovak Republic. The Treaty with the Czech and Slovak Federal Republics entered into force on December 19, 1992; it entered into force for the Czech Republic and Slovak Republic as separate states on January 1, 1993.
Denmark. The Convention of 1826 does not apply to the Faroe Islands of Greenland. The Treaty, which entered into force on July 30, 1961, does not apply to Greenland.
France. The Treaty, which entered into force on December 21, 1960, applies to the departments of Martinique, Guadeloupe, French Guiana and Reunion.
Japan. The Treaty, which entered into force on October 30, 1953, was made applicable to the Bonin Islands on June 26, 1968, and to the Ryukyu Islands on May 15, 1972.
Netherlands. The Treaty, which entered into force on December 5, 1957, is applicable to Aruba and Netherlands Antilles.
Norway. The Treaty, which entered into force on September 13, 1932, does not apply to Svalbard (Spitzbergen and certain lesser islands).
Spain. The Treaty, which entered into force on April 14, 1903, is applicable to all territories.
Suriname. The Treaty with the Netherlands, which entered into force December 5, 1957, was made applicable to Suriname on February 10, 1963.
United Kingdom. The Convention, which entered into force on July 3, 1815, applies only to British territory in Europe (the British Isles (except the Republic of Ireland), the Channel Islands and Gibraltar), and to “inhabitants” of such territory. This term, as used in the Convention, means “one who resides actually and permanently in a given place, and has his domicile there.” Also, in order to qualify for treaty trader or treaty investor status under this treaty, the alien must be a national of the United Kingdom. Individuals having the nationality of members of the Commonwealth other than the United Kingdom do not qualify for treaty trader or treaty investor status under this treaty.
Yugoslavia. The U.S. view is that the Socialist Federal Republic of Yugoslavia (SFRY) has dissolved. The successors that formerly made up the SFRY – Bosnia, Herzegovina, Croatia, the Former Yugoslav Republic of Macedonia, Slovenia, Serbia and Montenegro (formally the Federal Republic of Yugoslavia) continue to be bound by the treaty in force with the SFRY at the time of dissolution.
Chile and Singapore. January 1, 2004, also is the effective date for implementation of the immigration provisions of two new Free Trade Agreements with the countries of Chile and Singapore. Under the immigration provisions of these agreements, as approved by Congress in Public Law 108-77 and 108-78, a new H-1B1 nonimmigrant category has been created for professionals from Chile and Singapore.
Australia. The E-3 visa is for nationals of the Commonwealth of Australia who wish to enter the United States to perform services in a “specialty occupation.” The term “specialty occupation” means an occupation that requires theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States. The definition is the same as the Immigration and Nationality Act definition of an H-1B specialty occupation.
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