Statutes, codes, and regulations
United States Code
Title 8 - ALIENS AND NATIONALITYChapter 12 - IMMIGRATION AND NATIONALITYSubchapter II - IMMIGRATION
Part II - ADMISSION QUALIFICATIONS FOR ALIENS; TRAVEL CONTROL OF CITIZENS AND ALIENS
Section 1182f - Denial of entry into United States of Chinese and other nationals engaged in coerced organ or bodily tissue transplantation

8 U.S.C. § 1182f

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Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)
Section 1182f - Denial of entry into United States of Chinese and other nationals engaged in coerced organ or bodily tissue transplantation
(a) Denial of entry

Notwithstanding any other provision of law and except as provided in subsection (b), the Secretary shall direct consular officers not to issue a visa to any person whom the Secretary finds, based on credible and specific information, to have been directly involved with the coercive transplantation of human organs or bodily tissue, unless the Secretary has substantial grounds for believing that the foreign national has discontinued his or her involvement with, and support for, such practices.

(b) Exception

The prohibitions in subsection (a) do not apply to an applicant who is a head of state, head of government, or cabinet-level minister.

(c) Waiver

The Secretary may waive the prohibitions in subsection (a) with respect to a foreign national if the Secretary-

(1) determines that it is important to the national interest of the United States to do so; and
(2) not later than 30 days after the issuance of a visa, provides written notification to the appropriate congressional committees containing a justification for the waiver.

8 U.S.C. § 1182f

Pub. L. 107-228, div. A, title II, §232, Sept. 30, 2002, 116 Stat. 1372.

EDITORIAL NOTES

CODIFICATIONSection was enacted as part of the Department of State Authorization Act, Fiscal Year 2003, and also as part of the Foreign Relations Authorization Act, Fiscal Year 2003, and not as part of the Immigration and Nationality Act which comprises this chapter.

STATUTORY NOTES AND RELATED SUBSIDIARIES

DEFINITIONSFor definitions of "Secretary" and "appropriate congressional committees" as used in this section, see section 3 of Pub. L. 107-228 set out as a note under section 2651 of Title 22, Foreign Relations and Intercourse.

State
The term "State" includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands.
national
The term "national" means a person owing permanent allegiance to a state.
person
The term "person" means an individual or an organization.
substantial
The term "substantial" means, for purposes of paragraph (15)(E) with reference to trade or capital, such an amount of trade or capital as is established by the Secretary of State, after consultation with appropriate agencies of Government.