Operational Bulletin 543 – August 19, 2013

Special Events – The Specific Directives Given for Processing Foreign Missions and International Organisations Act (FMIOA) Temporary Resident Visa (TRV) Applications for Participants to Meetings in Canada Hosted by the Cospas-Sarsat Secretariat

Summary

This Operational Bulletin (OB) provides processing instructions to Citizenship and Immigration Canada (CIC) offices. These instructions concern the participants attending meetings hosted by the Cospas-Sarsat Secretariat in Canada. The Foreign Missions International Organisations Act (FMIOA) typically covers these meetings.

Background

The Cospas-Sarsat Secretariat is the administrative body of the International Cospas-Sarsat Programme. The head office of the Cospas-Sarsat Secretariat lies in Montreal, Quebec. In addition, an Order in Council (SOR/2005 – 112) covers the Cospas-Sarsat Secretariat, under the Foreign Missions International Organisations Act (FMIOA).

The International Cospas-Sarsat Programme is a satellite-based search and rescue distress alert detection and information distribution system. Countries such as Canada, France, the United States (USA) and the former Soviet Union established this programme back in 1979.

Cospas-Sarsat co-operates with the following organisations:

• The International Civil Aviation Organisation
• The International Maritime Organisation
• The International Telecommunication Organisation and,
• Various other international organisations

Together, these organisations ensure the compatibility of the Cospas-Sarsat distress alerting services with the:

• Needs of the international community
• Standards followed by the international community and,
• Applicable recommendations suggested by the international community

Under the Foreign Missions International Organisations Act (FMIOA), Cospas-Sarsat members enjoy a number of immunities and privileges. However, this document only covers the “immunity from immigration restrictions”. This is because this immunity has an effect on the visa processing offices.

Situations might arise where officers would need to obtain information on other privileges and immunities enjoyed by Cospas-Sarsat members. For obtaining more details on this, the officers would need to refer to the:

• International Cospas-Sarsat Programme Privileges and Immunities Order (the Cospas-Sarsat Order) and,
• Various other related documents

The instructions specified in this document only cover the individuals coming to attend meetings in Canada. Officials of the Cospas-Sarsat Secretariat would need to receive the O-1 visas. This is in accordance with the regular processing instructions applicable for officials of international organisations accredited to Canada. Officers would need to issue the Head of the Secretariat with a D-1 visa.

Note:

• Officers could find themselves having to process visa applications for participants covered by the Foreign Missions International Organisations Act (FMIOA)
• In this scenario, the officers would need to process these visa applications in an expeditious manner
• In other words, the officers would need to ensure that the visa requirement itself must not become a hindrance to the person’s travel or entry into Canada

Subject to the procedures specified, officers would need to expedite the processing procedures for all Cospas-Sarsat participants. This is regardless of the type of passport the applicant holds. Thus, this directive is applicable even if the participant holds a passport that the Foreign Missions International Organisations Act (FMIOA) does not cover.

Officers would also need to issue long term multiple entry visas for the participants of the Cospas-Sarsat meeting. This is especially so if these participants have a history of frequent attendance to these meetings. Therefore, officers must endeavour to do so wherever possible. If required, they would need to seek the guidance from the appropriate agencies. In addition, the officers would need to ensure that the validity of the multiple entry visa remains based on the facts of the case. 

Category of Participants to Cospas-Sarsat Meetings in Canada	Cospas-Sarsat Applicable Immunities Relevant to Citizenship and Immigration Canada (CIC)	Impact on the Immigration and Refugee Protection Act (IRPA)
“Representatives” of the Cospas-Sarsat Secretariat   Officers would consider France, Russia, USA and Canada as the only parties to the International Cospas-Sarsat Program Agreement. As such, only these individuals would have the cover accorded to Representatives. Representatives could include: An entire delegation Delegates Deputy delegates Advisors Technical experts (security staff) and, Secretaries of delegation	Article IV Section 11 (d) of the UN Convention and as set out in Schedule III of the Foreign Missions International Organisations Act (FMIOA)   Subsection 5 (4) of the Foreign Missions International Organisations Act (FMIOA)   Paragraph 10 (d) – of the Arrangement between Canada, the Republic of France, the Russian Federation and the United States of America regarding the headquarters of the International Cospas-Sarsat Programme applies.	Officers would need to issue a Temporary Resident Visa (TRV) to applicants who meet the criteria and require a visa to come to Canada.   In this situation, officers would not issue a Temporary Resident Permit (TRP). This is applicable even if the applicants are likely inadmissible under any one of the sections 33 to 43 of the Immigration and Refugee Protection Act (IRPA).   In case officers issue a Temporary Resident Permit (TRP) to an applicant, then they would need to follow the guidelines specified in Section 15 of OP 1.   Procedure: High-profile, contentious and sensitive cases   Officers would need to indicate that an Order under the Foreign Missions International Organisations Act (FMIOA) covered the individual along with mentioning the name of the event   Special Events Code: 13SCSC   Fee Exemption code: A-01 R296 (2) (a)   Type of Visa: Diplomatic (D-1) or Official (O-1)   Duration of Visa: Multiple entry (as appropriate)   Security Screening Procedures: Officers would need to follow the security screening procedures. In particular, they would need to follow the procedures specified in the Foreign Missions International Organisations Act (FMIOA). In addition, they would need to do this in conjunction with the existing high-profile notifications, as required.
Foreign Missions International Organisations Act (FMIOA) Coding at Missions and Ports of Entry for “Representatives” and “Officers”  Officers would need to insert a note in the Global Case Management System (GCMS) if they processed the case under the Foreign Missions International Organisations Act (FMIOA) Situations might arise where officers enable an inadmissible person covered by the Foreign Missions International Organisations Act (FMIOA) to come to Canada by issuing a Temporary Resident Visa (TRV) In this scenario, the officers would need to enter the following note in the Global Case Management System (GCMS) “This applicant is inadmissible under Section X of the Immigration and Refugee Protection Act (IRPA), but the applicant’s visit falls under the purview of the Foreign Missions International Organisations Act (FMIOA).”
“Experts” from non-member countries and participating organisations   According to the Cospas-Sarsat Order, under the Foreign Missions International Organisations Act (FMIOA) an expert denotes an individual, who is neither a representative of a member state nor an official.   Rather, an expert is someone from a state or an organisation, which has an official association with the Cospas-Sarsat Programme and, who is attending official meetings or conferences of the organisation.   Experts could come from states, governments and intergovernmental and non-governmental organisations.   Therefore, officers would need to consult the Cospas-Sarsat website. Here, the officers would be able to find a complete list of participants that belong to this category. In addition, the Special Events Notice provides more specific information on the invitees.	Section 16 of the Cospas-Sarsat Order under the Foreign Missions International Organisations Act (FMIOA) provides certain immunities to “experts” participating in the above-mentioned meetings.   However, officers would need to note that experts are not exempt from immigration restrictions.	Regular processing procedures apply   Subject to a Temporary Resident Visa (TRV) or a Temporary Resident Permit (TRP) (if applicable)   Special Events Code: 13SCSC   Fee Exemption code:   Temporary Resident Visa (TRV) A-01 R296 (2) (a) or A-06 R296 (2) (e)   Temporary Resident Permit (TRP) M-10 R298 (2) (a) or (d), if the applicant meets the criteria   Type of Visa: Official (O-1), as required   Duration of Visa: Multiple entry (as appropriate)   Security Screening Procedures: Officers would need to follow the expedited security screening procedures. In addition, they would need to use the existing high-profile notifications, as required.

The authorities have assigned the Special Events (SE) code for all meetings hosted by Cospas-Sarsat in 2013. Therefore, visa officers would need to input the Special Events (SE) code in the Global Case Management System (GCMS). Other officers and staff would use this subsequently for statistical collection purposes.

Situations could arise where officers remain unsure of which individuals the Foreign Missions International Organisations Act (FMIOA) covers. Alternatively, officers might have questions concerning the information specified above.

For obtaining the appropriate information, officers would need to contact their geographic desk. In addition, the officers would also need to cc the Special Events Unit at [email protected].

Similarly, officers could also have questions related to the processing fees for these participants. To obtain answers to their queries, the Finance Branch has directed the officers to send their queries to [email protected]. In addition, the officers would also need to cc the Special Events Unit at [email protected].

Lastly, officers would also need to check out the Special Events Intranet site. This site contains a detailed version of the above-mentioned table. It also includes links to reference documents.

 

Source: Citizenship and Immigration Canada (CIC)