Technology Alert List

Last updated

The Technology Alert List (TAL) is a list developed by the United States federal government of critical fields where it would like to limit the transfer of goods, technology, and sensitive information, with the goal of supporting nonproliferation of weapons of mass destruction and nontransfer of U.S.-held technologies. [1] The list is intended as guidance for consular officers reviewing visa applications for activities such as graduate-level studies, teaching, conducting research, participating in exchange programs, receiving training or employment. [2] [3] [4]

Contents

History

The TAL was first introduced by the U.S. Department of State in November 2000. [5] The list was updated in August 2002 based on heightened security concern in response to the September 11 attacks. [5]

The TAL and related use of Security Advisory Opinions (via the Visas Mantis program) was described by Janice L. Jacobs, Deputy Assistant Secretary for Visa Services at the U.S. Department of State, in testimony before the Committee on Science U.S. House of Representatives on March 26, 2003 and before the Committee on House Small Business on June 4, 2003. [2] [3] It was also described by Edward Ramotowski, Director, Office of Public and Diplomatic Liaison Visa Services at the U.S. Department of State, in remarks to the National Science Board on October 16, 2003. [4]

The TAL and several related topics were covered in the report "Review of Export Controls for Foreign Persons Employed at Companies and Universities" by the United States Department of State and the Broadcasting Board of Governors Office of Inspector General in April 2004. [1]

The list of sensitive subjects

As of August 2002, the list of critical fields, also known as sensitive subjects, has fifteen items as follows: [5]

A. Conventional munitions

B. Nuclear technology

C. Rocket systems

D. Rocket system and unmanned air vehicle (UAV) subsystems

E. Navigation, avionics, and flight control usable in rocket systems and unmanned air vehicles (UAV)

F. Chemical, biotechnical, and biomedical engineering

G. Remote sensing, imaging, and reconnaissance

H. Advanced computer / microelectronic technology

I. Materials technology

J. Information security

K. Laser and directed energy systems technology

L. Sensors and sensor technology

M. Marine technology

N. Robotics

O. Urban planning (this is a special item that may not fall under the purview of INA Section 212)

Use of the list in processing visa applications

Review by consular officers

When reviewing visa applications where the applicant's proposed activity would be related to any of the fifteen sensitive subjects listed in the TAL, the consular officer must first review the activity in light of the following broad policy objectives regarding technology transfer: [4] [2] [3]

Second, if the applicant is from any of the countries designated by the U.S. Department of State as one of the state sponsors of terrorism (a list that includes Syria, Iran, North Korea, and Cuba as of April 2021) consular officers must assume that any visit providing any exposure to any of the fifteen sensitive technologies will conflict with the policy objectives, and seek a Security Advisory Opinion under the Visas Mantis program. [4] [2]

Third, consular officers may send to Washington (for a Security Advisory Opinion) any case that appears to warrant further interagency review (via the Visas Mantis program). [4] [2] Other than the state sponsors of terrorism, other countries from which visa applicants tend to be subject to more scrutiny if involved with any of the sensitive subjects are the countries that possess some nuclear capability and are deemed "non-proliferation export countries": China, India, Israel, Pakistan, and Russia. [6]

See also

Related Research Articles

<span class="mw-page-title-main">United States Department of Homeland Security</span> United States federal department

The United States Department of Homeland Security (DHS) is the U.S. federal executive department responsible for public security, roughly comparable to the interior or home ministries of other countries. Its stated missions involve anti-terrorism, border security, immigration and customs, cyber security, and disaster prevention and management.

<span class="mw-page-title-main">State Sponsors of Terrorism (U.S. list)</span> U.S. designation applied to certain countries

"State Sponsors of Terrorism" is a designation applied by the United States Department of State to countries which the Department alleges to have "repeatedly provided support for acts of international terrorism". Inclusion on the list enables US government to impose four main types of unilateral sanctions: restrictions of foreign aid, ban of weapons sales, export controls of dual-use equipment and other miscellaneous economic sanctions. The State Department is required to maintain the list under section 1754(c) of the National Defense Authorization Act for Fiscal Year 2019, section 40 of the Arms Export Control Act, and section 620A of the Foreign Assistance Act.

<span class="mw-page-title-main">Green card</span> Lawful permanent residency in the United States

A green card, known officially as a permanent resident card, is an identity document which shows that a person has permanent residency in the United States. Green card holders are formally known as lawful permanent residents (LPRs). As of 2019, there are an estimated 13.9 million green card holders, of whom 9.1 million are eligible to become United States citizens. Approximately 65,000 of them serve in the U.S. Armed Forces.

<span class="mw-page-title-main">Homeland Security Advisory System</span> Terrorism alert warning system

In the United States, the Homeland Security Advisory System (HSAS) was a color-coded terrorism threat advisory scale created in March 2002 under the Bush Administration in response to the September 11 attacks. The different levels triggered specific actions by federal agencies and state and local governments, and they affected the level of security at some airports and other public facilities. It was often called the "terror alert level" by the U.S. media. The system was replaced on April 27, 2011, with a new system called the National Terrorism Advisory System.

The Visa Waiver Program (VWP) is a program of the United States federal government that allows nationals of specific countries to travel to the U.S. for tourism, business, or while in transit for up to 90 days without having to obtain a visa. It applies to all fifty U.S. states, the District of Columbia, Puerto Rico, and the U.S. Virgin Islands, as well as to Guam and the Northern Mariana Islands, which also have an additional program with waivers for more nationalities; American Samoa has a similar but separate program.

<span class="mw-page-title-main">Diversity Immigrant Visa</span> Immigration lottery for entry into the United States

The Diversity Immigrant Visa program, also known as the green card lottery, is a United States government lottery program for receiving a United States Permanent Resident Card. The Immigration Act of 1990 established the current and permanent Diversity Visa (DV) program.

<span class="mw-page-title-main">Bureau of Intelligence and Research</span> Intelligence agency in the U.S. State Department

The Bureau of Intelligence and Research (INR) is an intelligence agency in the United States Department of State. Its central mission is to provide all-source intelligence and analysis in support of U.S. diplomacy and foreign policy. INR is the oldest civilian element of the U.S. Intelligence Community and among the smallest, with roughly 300 personnel. Though lacking the resources and technology of other U.S. intelligence agencies, it is "one of the most highly regarded" for the quality of its work.

<span class="mw-page-title-main">Bureau of Diplomatic Security</span> U.S. State Department security and law enforcement division

The Bureau of Diplomatic Security, commonly known as Diplomatic Security (DS), is the security branch of the United States Department of State. It conducts international investigations, threat analysis, cyber security, counterterrorism, and protection of people, property, and information. Its mission is to provide a safe and secure environment for officials to execute the foreign policy of the United States.

The Bureau of Consular Affairs (CA) is a bureau of the United States Department of State reporting to the under secretary of state for management. The mission of the Bureau is to administer laws, formulate regulations and implement policies relating to the broad range of consular services and immigration. As of 2021, the bureau is headed by the Assistant Secretary of State for Consular Affairs, Rena Bitter.

<span class="mw-page-title-main">Intelsat 708</span> Chinese failed satellite launch in 1996

Intelsat 708 was a telecommunications satellite built by the American company Space Systems/Loral for Intelsat. It was destroyed on February 15, 1996 when the Long March 3B launch vehicle failed while being launched from the Xichang Satellite Launch Center in China. The launch vehicle veered off course immediately after liftoff and struck a nearby village, officially killing at least six people.

The USA PATRIOT Act was passed by the United States Congress in 2001 as a response to the September 11, 2001 attacks. It has ten titles, each containing numerous sections. Title IV: Protecting the Border aims to prevent terrorism in the USA through immigration regulations. The provisions of the title generally increase the difficulty of entering the country for those known to have, or suspected of having, terrorist intent.

<span class="mw-page-title-main">Visa policy of the United States</span> Policy on permits required to enter the United States and its unincorporated territories

Visitors to the United States must obtain a visa from one of the U.S. diplomatic missions unless they come from one of the visa-exempt or Visa Waiver Program countries. The same rules apply for travel to all U.S. states, Washington, D.C., Puerto Rico and the U.S. Virgin Islands, as well as to Guam and the Northern Mariana Islands with additional waivers, while similar but separate rules apply to American Samoa.

The Terrorist Screening Database (TSDB) is the central terrorist watchlist consolidated by the Federal Bureau of Investigation's Terrorist Screening Center and used by multiple agencies to compile their specific watchlists and for screening. The list was created after the September 11 attacks.

<span class="mw-page-title-main">Security Advisory Opinion</span> U.S. visa review process

Security Advisory Opinion (SAO) or Washington Special Clearance, commonly called security clearance, administrative clearance, or administrative processing, is a process the United States Department of State and the diplomatic missions of the United States use in deciding to grant or deny a United States visa to certain visa applicants. The process involves sending a request from the visa issuing post to the Department of State's headquarters in Washington, D.C., to investigate an individual's case for possible espionage, terrorism, and illegal export of technology out of the United States.

<span class="mw-page-title-main">Mary A. Ryan</span> American diplomat

Mary A. Ryan (1940–2006) was a United States career diplomat who served as United States Ambassador to Swaziland from 1988 to 1990 and as Assistant Secretary of State for Consular Affairs from 1993 to 2002.

Kerry v. Din, 576 U.S. 86 (2015), was a United States Supreme Court case in which the Court analyzed whether there is a constitutional right to live in the United States with one's spouse and whether procedural due process requires consular officials to give notice of reasons for denying a visa application. In Justice Anthony Kennedy's concurring opinion, the controlling opinion in this case, he wrote that notice requirements “[do] not apply when, as in this case, a visa application is denied due to terrorism or national security concerns.” Because the consular officials satisfied notice requirements, there was no need for the Court to address the constitutional question about the right to live with one's spouse.

Consular nonreviewability refers to the doctrine in immigration law in the United States where the visa decisions made by United States consular officers cannot be appealed in the United States judicial system. It is closely related to the plenary power doctrine that immunizes from judicial review the substantive immigration decisions of the United States Congress and the executive branch of the United States government.

<span class="mw-page-title-main">Executive Order 13769</span> United States Executive Order limiting refugees from Muslim-majority countries

Executive Order 13769, titled Protecting the Nation from Foreign Terrorist Entry into the United States, labeled the "Muslim ban" by critics, or commonly referred to as the Trump travel ban, was an executive order by US President Donald Trump. Except for the extent to which it was blocked by various courts, it was in effect from January 27, 2017, until March 6, 2017, when it was superseded by Executive Order 13780, a second order sharing the title "Protecting the Nation from Foreign Terrorist Entry into the United States".

The Consular Consolidated Database (CCD) is a database used by the Bureau of Consular Affairs under the United States Department of State, that has over 290 million passport records, 184 million visa records, and 25 million records of U.S. citizens living overseas, and adding 35,000 visa cases a day.

The Consular Lookout and Support System (CLASS) is a system supporting the U.S. Department of State Bureau of Consular Affairs: it assists in decisions for visa and passport issuance and helps establish a person's eligibility for overseas services. It is used by U.S. Department of State passport agencies and consular posts as well as U.S. Department of Homeland Security and other border inspection agencies to perform namechecks on visa and passport applicants to identify individuals who may be ineligible for issuance or require other special action. Potential reasons for ineligibility include past criminal or terrorist activity.

References

  1. 1 2 "Review of Export Controls for Foreign Persons Employed at Companies and Universities" (PDF). United States Department of State and the Broadcasting Board of Governors Office of Inspector General. April 1, 2004. Retrieved April 29, 2021.
  2. 1 2 3 4 5 Jacobs, Janice (March 26, 2003). "Foreign Students and Scholars in the Age of Terrorism" . Retrieved April 29, 2021.
  3. 1 2 3 Jacobs, Janice L. (June 4, 2003). "The Visa Approval Backlog and its Impact on American Small Business" . Retrieved April 29, 2021.
  4. 1 2 3 4 5 Ramotowski, Edward (October 16, 2003). "Remarks to the National Science Board" . Retrieved April 29, 2021.
  5. 1 2 3 "Technology Alert List" (PDF). U.S. Department of State. August 1, 2002. Retrieved April 29, 2021.
  6. ↑ "Impact of the Technology Alert List on Visa Acquisition". SUNY College of Environmental Science and Forestry. Retrieved April 29, 2021.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.