REDUCTION OF VISA FEES FOR NONIMMIGRANTS Exchange of notes at Vienna January 12, 1926 Entered into force January 12, 1926; operative February 15, 1926 1 Department of State files The American Minister to the Federal Minister of Foreign Affairs EXCELLENCY: I have hitherto had the honor to advise Your Excellency that the Government of the United States of America is disposed to enter into a reciprocal non-immigrant visa agreement with the Government of the Republic of Austria. My Government is animated especially by a desire to benefit the nationals of either country travelling as tourists or on business in the territory of the other and the classes of Austrian nationals coming within the scope of such an agreement would be those defined as nonimmigrants by Section 3 of the Immigration Act of 1924,2 enacted by the Senate and House of Representatives of the United States of America in Congress assembled and approved May 26th, 1924, to wit: Sec. 3. When used in this Act the term "immigrant" means any alien departing from any place outside the United States destined for the United States, except (1) a government official, his family, attendants, servants, and employees, (2) an alien visiting the United States temporarily as a tourist or temporarily for business or pleasure, (3) an alien in continuous transit through the United States, (4) an alien lawfully admitted to the United States who later goes in transit from one part of the United States to another through foreign contiguous territory, (5) a bona fide alien seaman serving as such on a vessel arriving at a port of the United States and seeking to enter temporarily the United States solely in the pursuit of his calling as a seaman, and (6) an alien 1TIAS 1988, post, p. 426. 43 Stat. 153. entitled to enter the United States solely to carry on trade under and in pursuance of the provisions of a present existing treaty of commerce and navigation. In pursuance of verbal communications which have passed between Your Excellency and me, I have the honor to propose that the Government of the United States from February 15th, 1926 until further notice will collect, instead of the visa fees now in force, the following visa fees from Austrian nationals other than immigrants: (1). For a transit visa valid for twelve months from the date of granting the visa for a single journey through the United States without voluntary interruption of the journey $0.25. (2). For a visa valid for twelve months from the date of granting the visa for any number of entries and exits from the United States. . . . $2.00. Outside of Austria and the United States, Austrian nationals will pay the equivalent of the rates mentioned above in American currency in the currency of the country or any legal tender declared admissible according to the rate of exchange made known at certain times. Reciprocally, it is understood that Austrian officials entrusted with the granting of visas will be instructed to collect from February 15th, 1926 until further notice from American nationals of the non-immigrant classes as above defined, instead of the visa fees now in force, the following visa fees: (1). For a transit visa for one trip through Austria without voluntary interruption of the journey Ö.S. 1.80. (2). For a visa valid during a period of twelve months from date of passing the frontier for any number of entries into and exits from Austria Ö.S. 14.50. The Austrian bureaux in the United States entrusted with the granting of visas to citizens of the United States of America will until further notice, in place of these fees, collect as visa fees for a transit trip (No. 1) 25 cents, and for an indefinite number of trips (No. 2) $2.00. Outside of Austria or the United States, citizens of the United States will have to pay the equivalent of the above fees stated in Schillings in the currency of the country or in other means of payment pronounced to be suitable, according to the rate of exchange of the day. Besides the fees indicated no other fees of any kind or character will be collected when issuing the visas or for applications therefor. I should esteem it a favor if Your Excellency would notify to me the consent of Your Government to this arrangement if accepted by them, in which case my Government will consider the exchange of notes as an agreement between the two Governments and will give the necessary instructions to carry it into execution on behalf of the United States of America. I avail myself of this opportunity to renew to You assurances of my highest consideration. His Excellency Dr. HEINRICH MATAJA, ALBERT H. WASHBURN Austrian Federal Minister for Foreign Affairs, Vienna. The Federal Minister of Foreign Affairs to the American Minister FEDERAL CHANCELLERY Foreign Affairs [TRANSLATION] VIENNA, January 12, 1926 Z. 82.465-15 MR. MINISTER: I acknowledge with thanks the receipt of your valued note of today's date and have the honor to inform Your Excellency that the Austrian Federal Government, animated by the desire to facilitate travel between Austria and the United States as much as possible, agrees to the reciprocal non-immigrant visa agreement which you have proposed. The term "non-immigrant" shall be understood to refer to the persons defined in Section 3 of the United States Immigration Act of 1924, to wit: Sec. 3. When used in this Act the term "immigrant" means any alien departing from any place outside the United States destined for the United States, except (1) a government official, his family, attendants, servants, and employees, (2) an alien visiting the United States temporarily as a tourist or temporarily for business or pleasure, (3) an alien in continuous transit through the United States, (4) an alien lawfully admitted to the United States who later goes in transit from one part of the United States to another through foreign contiguous territory, (5) a bona fide alien seaman serving as such on a vessel arriving at a port of the United States and seeking to enter temporarily the United States solely in the pursuit of his calling as a seaman, and (6) an alien entitled to enter the United States solely to carry on trade under and in pursuance of the provisions of a present existing treaty of commerce and navigation. Beginning February 15, 1926 and until further notice, the Austrian Federal Government has ordered the following fees to be charged for issuance of visas to citizens of the United States of America in the abovementioned categories, in place of the visa fees now in force, irrespective of the Government agency issuing the visa in this country or abroad: (1) For a visa for a single journey through Austria without voluntary interruption of the journey S 1.80 219-919-70- -23 (2) For a visa for an unlimited number of journeys to Austria during a period of 12 months from the date of the first crossing of the frontier. S 14.50 The Government agencies charged with the issuance of visas in the United States of America will until further notice in lieu of the fees stated above collect from citizens of the United States of America visa fees of 25¢ for transit journeys (Item 1) or $2.00 for repeated entries (Item 2). Outside Austria and the United States of America, citizens of the United States shall pay the equivalent of the fees stated above in schillings in the currency of the country or any other currency declared legal tender, at the rate of exchange published from time to time. No other fees of whatever name or description than the fees indicated above shall be charged for the issuance of or the application for visas. The Austrian Federal Government is making this statement on the understanding that the Government of the United States of America will issue instructions that beginning February 15, 1926 until further notice the following fees, set forth in Your Excellency's note, will be charged for issuance of visas to nationals of the Austrian Federal Republic in the above-mentioned non-immigrant categories, in place of the visa fees now in force: (1) For a transit visa, valid for a period of twelve months from the date of issuance, for a single journey through the United States of America without voluntary interruption of the journey $0.25 (2) For a visa, valid for a period of twelve months from the date of issuance, for an unlimited number of entries to or exits from the United States $2.00 The Austrian Federal Government shall consider such an agreement as having been concluded by the note of Your Excellency, dated the 12th inst. and the present note, and shall give the necessary instructions to have it carried into effect by the Austrian agencies charged with the issuance of visas. Accept, Mr. Minister, the renewed assurance of my high consideration. His Excellency, Dr. ALBERT HENRY WASHBURN, Minister Extraordinary and Plenipotentiary of the United States of America MATAJA FRIENDSHIP, COMMERCE, AND CONSULAR RIGHTS Treaty signed at Vienna June 19, 1928 Senate advice and consent to ratification, with a reservation and Article XXIV supplemented by agreement of January 20, 1931 2 Ratifications exchanged at Vienna May 27, 1931 Entered into force May 27, 1931 Proclaimed by the President of the United States May 28, 1931 47 Stat. 1876; Treaty Series 838 TREATY OF FRIENDSHIP, COMMERCE AND CONSULAR RIGHTS BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF AUSTRIA The United States of America and the Republic of Austria, desirous of strengthening the bond of peace which happily prevails between them, by arrangements designed to promote friendly intercourse between their respective territories through provisions responsive to the spiritual, cultural, economic and commercial aspirations of the peoples thereof, have resolved to conclude 'The Senate gave its advice and consent to ratification "subject to the following reservation and understanding to be set forth in an exchange of notes between the high contracting parties so as to make it plain that this condition is understood and accepted by each of them: "That the sixth paragraph of Article VII shall remain in force for twelve months from the date of exchange of ratifications, and if not then terminated on ninety days' previous notice shall remain in force until either of the high contracting parties shall enact legislation inconsistent therewith when the same shall automatically lapse at the end of sixty days from such enactment, and on such lapse each high contracting party shall enjoy all the rights which it would have possessed had such paragraph not been embraced in this treaty." The reservation and understanding was accepted by the two governments in an exchange of notes dated Jan. 20, 1931. * TS 839, post, p. 372. |