So I've instructed the Secretary of State to remove any travel restrictions on American citizens who want to go to Vietnam, to North Korea, to Cuba, and to Cambodia. And these restrictions will be lifted as of the 18th day of March.

I would like to point out that we still don't have diplomatic relationships with these countries. That's a doubtful prospect at this time. So there will be some necessary precautions that ought to be taken by citizens who go there, since we don't have our own diplomats in those countries to protect them if they should have difficulty.

13 Weekly Comp. of Pres. Doc. 328-329 (Mar. 9, 1977).

A Department of State telegram to all diplomatic and consular posts sent on March 18, 1977, outlined U.S. policy concerning visas, dual citizenship, travel documentation, and other matters for U.S. citizens traveling to North Korea, Cambodia, Vietnam, or Cuba. With regard to obtaining visas to the first three of these countries, the telegram indicated that any application for visas may be directed to any embassy in a foreign country with which Vietnam, North Korea, or Cambodia, as appropriate, maintains diplomatic relations. The decision either to issue or not issue a visa is made only by the country to be visited. The United States may not interfere in the visa matters of these countries, and it is therefore the responsibility of the traveler to obtain such visas.

As to the possibility of a U.S. citizen having a dual citizenship with one of these three countries, the telegram pointed out that although the United States rejects the concept of dual nationality as a matter of policy, it does accept its existence in individual cases as a matter of fact resulting from the conflicting laws of other countries which cannot be controlled by the United States. Thus, some U.S. citizens may be nationals of North Korea, Cambodia, or Vietnam as a result of conflicting laws, and these dual nationals may be deemed to owe primary allegiance to the country of their nationality in which they travel or reside. If a U.S. citizen who also is a national of North Korea, Cambodia, or Vietnam encounters difficulties while traveling or residing in one of these countries, the U.S. Government may not be able to make effective representations on his or her behalf.

Dual national U.S. citizens who may be eligible for military service in the country of their other nationality now or in the future could possibly be called into that country's military service while traveling there or may be detained or prevented from leaving that country until they are eligible for that service. Such persons, or dual nationals who acquire U.S. nationality and also a foreign nationality at birth, should communicate with the Legal Division of the Passport Office

of the Department of State at 1425 K Street, N.W., Washington, D.C. 20524, before their departure.

Concerning travel documentation, the Department of State telegram indicated that U.S. citizens who were born in North Korea, Cambodia, or Vietnam should be aware of the possibility that they may be considered a national of their country of birth. Thus, to help avoid problems in this regard, U.S. citizens should travel to any of these three countries only on their U.S. passports with a visa of the host country affixed to it, and under no conditions should U.S. citizens accept any travel documentation which identifies them as citizens of the host country.

Finally, the telegram noted that under 8 U.S.C. 1185 and title 22 of the Code of Federal Regulations at section 53.1, it is unlawful, except as otherwise provided in section 53.2 of the Code of Federal Regulations, for any citizen of the United States to depart from or enter or attempt to depart from or enter the United States without a valid passport.

The Department of State's advisory for American citizens traveling to Cuba reads as follows:

GENERAL

. . . U.S. citizen visitors to Cuba should register with the Swiss Embassy on arrival in Cuba at: Foreign Interests Section of the Embassy of Switzerland, Calle M (between General Maceo and Calzada), Vedado, La Habana (telephone: 32–05–51 or 32-04–43). In the absence of relations, the U.S. Government is not in a position to provide the same level of consular protection in Cuba as it does in other countries where it has diplomatic and consular presence. Americans in Cuba should comply fully with local laws in order to avoid consular problems.

TRAVEL ARRANGEMENTS

(A) Information

The Embassy of the Czechoslovak Socialist Republic, 3900 Linnean Avenue, Washington, D.C. 20008, represents Cuban interests in the United States in the absence of direct diplomatic and consular relations between the United States and Cuba. The Cuban Interests Section of the Embassy, and Cuban embassies or consulates in other countries can provide detailed information on current Cuban immigration, customs and other regulations applicable to visitors. American travelers should consult one of those offices in the early stages of planning any trip to Cuba.

(B) Visas

U.S. citizens are requested to obtain visas before entering Cuba. Visa applications may be made to the Embassy of Czechoslovakia in Washington and Cuban embassies and consulates in other countries. Applications made in Washington are normally submitted

to Havana for approval, a process which could take several weeks. To avoid delays enroute, American travelers should have their visas before leaving the United States for Cuba.

(C) Customs

American travelers should comply fully with applicable Cuban customs regulations. Generally, they should restrict what they carry with them to articles incidental to their travel and for personal use and should not carry parcels or letters on behalf of third persons. If requested, upon entering Cuba, travelers should make a complete and accurate declaration of currency and valuables and obtain a receipt or copy.

(D) Currency

Cuba restricts the import and export of foreign currency. American travelers may be requested to exchange U.S. dollars into Cuban pesos upon entry and to exchange any unspent portion upon departure.

(E) Transportation

There are no direct commercial transportation services between the U.S. and Cuba. American travelers can make transportation arrangements on services originating abroad. Usually, entry into Cuba is made through Kingston, Jamaica, or Mexico. Persons planning to travel to Cuba by way of Mexico and back to the United States again by way of Mexico will be required to obtain Mexican transit visas for their return to the United States. In order to obtain such a visa it is necessary to appear in person at the Mexican Immigration Ministry in Mexico City before departing Mexico for Cuba. The Embassy of Mexico in Havana will categorically refuse to deliver transit visas for Mexico to U.S. citizens who are returning by way of Mexico. Only the Mexican Immigration Ministry delivers such visas before entry into Cuba.

U.S. residents should not travel to Cuba in private aircraft or boats without meeting all U.S. and Cuban Government documentation and clearance requirements. Cuba has extended its territorial waters to 12 miles and will enforce regulations applicable to that area strictly. In the past, U.S. citizens and residents who have entered areas of Cuban jurisdiction without proper clearances have been detained by Cuban authorities and have encountered protracted difficulties in leaving Cuba. In some cases involving illegal activities, they have been assessed fines and expenses or sentenced to prison terms.

PHOTOGRAPHS

Certain restrictions on photography are in effect in Cuba. In general, travelers should not photograph military and police installations or personnel; industrial structures, including harbor, rail and airport facilities; and, in the unlikely event that they should occur, scenes of civil disorder or other public disturbances.

POLITICAL STATEMENTS OR ACTS

American travelers should refrain from any political comments and activities which might be construed as interference in the in

ternal affairs of the host country. Cuban laws prohibiting the possession, sale or use of narcotic substances, including marijuana, are strictly enforced. Several Americans are presently serving 3 to 6year prison terms in Cuba for drug related offenses. Travelers should not take with them to Cuba any drug except as prescribed by a physician.

TRAVEL DOCUMENTATION

While the U.S. Government strongly disapproves of the obtention and use of foreign passports by U.S. citizens, the necessity for the use of such passports is accepted under certain circumstances. It is our understanding that Cuban authorities will require a person possessing both Cuban and U.S. nationality to obtain a Cuban passport for entry into or departure from Cuba even though the person may possess a U.S. passport. The obtention and use of a Cuban passport under these precise circumstances would not jeopardize an individual's U.S. citizenship.

Under 8 U.S.C. 1185 and 22 CFR 53.1, it is unlawful, except as otherwise provided in section 53.2, for any U.S. citizen to depart from or enter or attempt to depart from or enter the United States without a valid passport. Under the exception in section 53.2(B), U.S. citizens may travel anywhere in the Western Hemisphere area. U.S. passports must be secured if any foreign country in the Western Hemisphere requires them for entry therein.

For further, more detailed information communicate with the Legal Division, Passport Office, as noted above.

The Dept. of State's comments concerning dual citizenship questions vis-a-vis Cuba repeated the instructions summarized above concerning North Korea, Cambodia, and Vietnam.

For the full text of instructions, see Dept. of State telegram No. 61083 to all diplomatic and consular posts, Mar. 18, 1977.

On April 14, 1977, L. F. Chapman, Jr., Commissioner of Immigration and Naturalization, caused to be published in the Federal Register a final rule effective on April 14, 1977, removing restrictions on travel by aliens. Commissioner Chapman's statement summarizing this final rule reads as follows:

The amendments contained in this order remove the restrictions on travel to certain Communist and Communist dominated countries specified or referred to in Immigration and Naturalization Service regulations. These restrictions apply to aliens lawfully admitted to the United States for permanent residence and to aliens who are applicants for or holders of Refugee Travel Documents which are issued under those regulations. These amendments will give aliens the same freedom to travel as is enjoyed by citizens. These restrictions are being removed in furtherance of President Carter's human rights objectives.

42 Fed. Reg. 19477 (1977).

On April 16, 1977, Acting Secretary of State Warren Christopher sent a telegram to all U.S. diplomatic and consular posts concerning, the removal of travel restrictions on U.S. permanent residents. The telegram read in part as follows:

On April 14 [the Department of State] published in [the] Federal Register [42 Fed. Reg. 14978 (1977)] an amendment deleting paragraphs (k) and (1) of 22 CFR 46.3, Departure Control Regulations. Therefore, [the] requirement that a permanent resident desiring to travel to Cuba, North Vietnam or North Korea or other Communist country obtain [a] reentry permit to return to [the] U.S. after [the] trip no longer exists.

Permanent residents traveling abroad who inquire about [the] effect of travel to countries for which [a] reentry permit [was] formerly required may be informed that such travel will no longer affect in any way their readmissibility to [the] U.S., as long as they are in possession of [an] alien registration card (Form I-151) and have not been outside [the] U.S. more than one year.

Dept. of State telegram 86189 to all posts, Apr. 16, 1977.

Travel Restrictions on Diplomats

On November 10, 1977, John H. Trattner, Director of the Office of Press Relations, Department of State, read the following statement during the daily news conference concerning the removal of certain travel restrictions on the accredited diplomats and staffs of the United States and Bulgaria:

The Government of the United States of America and of the People's Republic of Bulgaria on November 9 reciprocally lifted travel restrictions on the movement of each other's accredited diplomats and their staffs within their respective countries by an exchange of diplomatic notes at the Bulgarian Ministry of Foreign Affairs in Sofia. The notes were exchanged by U.S. Ambassador to Bulgaria Raymond L. Garthoff and Bulgarian Director of State Protocol Dr. Boris Dzhibroz.

The Government of Bulgaria declared certain border zones off limits to diplomatic personnel from all foreign countries in 1964. These restrictions still apply. The Government of Bulgaria imposed additional restrictions applicable only to accredited U.S. diplomats in 1968 in response to restrictions placed on accredited Bulgarian diplomats by the U.S. Government in 1967. It is these bilateral restrictions which the exchange of notes yesterday lifted. Henceforth, the only travel restrictions applicable to U.S. diplomats in Bulgaria are those which apply to all other diplomats, including those of other Communist countries.

By virtue of this exchange of notes, diplomats of all Eastern European countries with which the United States has diplomatic relations are free of travel restrictions within the United States