"The Visas Mantis program is another specialized security screening program. It relates to technology transfer concerns, some of which can arise out of visa applications of businesspersons. Federal agencies participating in the Visas Mantis program review select applications and provide the information needed by State to determine an applicant''s visa eligibility under section 212(a)(3)(A)(i)(II) of the Immigration and Nationality Act. That section provides in relevant part that:

Any alien who a consular officer or the [Secretary of Homeland Security] knows, or has reasonable ground to believe, seeks to enter the United States to engage solely, principally, or incidentally in -
(i) any activity . . . (II) to violate or evade any law prohibiting the export from the United States of goods, technology, or sensitive information . . . . is ineligible to receive a visa.

Prior to 1998, the Department reviewed cases for controlled technology, sensitive information concerns under several nationality-based programs, e.g., CHINEX for PRC nationals, SPLEX for nationals of the Soviet Union and Eastern Europe. In 1998, the Department consolidated these nationality-based, Cold War era screening procedures into the Visas Mantis program. The Visas Mantis program is an effective tool for U.S. national security and law enforcement offices and agencies to support consular officers in screening individuals and entities that seek to gain controlled goods, technology and sensitive information in violation of US export laws.

Most other special clearance procedures are triggered by clear and objective circumstances, such as applicant nationality or CLASS name check results. However, in cases of illegal technology transfer, falling within the purview of INA Section 212(a)(3)(A)(i)(II), the Department must rely to a great extent on the observations and judgment of consular officers in the field to identify applicants of any nationality who may be subject to this ineligibility. To assist officers in this difficult and vitally important task the Department, in conjunction with Federal intelligence and national security agencies, regularly updates a list of policy objectives and critical technologies, which trigger special clearance requests.

In deciding to submit an application for review for reasons related to possible illegal technology transfer, the consular officer must first determine whether the applicant''s proposed activity in the United States would involve exposure to any of fifteen sensitive technologies included in the Technology Alert List (TAL). In deciding whether one of the listed TAL activities may be in violation of US export control laws, the consular officer must review that activity in light of the following broad policy objectives related to technology transfer:

• Stem proliferation of weapons of mass destruction and missile delivery systems.
• Restrain the development of destabilizing conventional military capabilities in certain regions of the world.
• Prevent the transfer of arms and sensitive dual use items to terrorist states.
• Maintain U.S. advantages in certain militarily critical technologies.

Second, for applicants from any of the countries designated by the Department to be state sponsors of terrorism, (Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria) consular officers are instructed to assume that any visit providing exposure to any of the technologies on the Technology Alert List will conflict with the policy objectives, and therefore a Visas Mantis special clearance is mandatory under these circumstances.

Third, consular officers may send to Washington any case that appears to warrant further interagency review.
The Visas Mantis program, therefore, provides the Department and other interested agencies with an effective mechanism to screen out those individuals who seek to evade or violate our laws governing the export of goods, technology or sensitive information. This screening in turn addresses significant issues of national security and works to enhance our national security. The Visas Mantis program allows all participating agencies to provide information and raise any particular concerns they may have regarding the applicant and/or the proposed activities in the U.S.

The Department strives to balance this effort to protect our national security with our responsibility to facilitate legitimate business travel and scientific exchange. We recognize that the nation thrives on international business relations. We, therefore, have worked diligently and creatively to clear legitimate travelers subject to Mantis clearances as quickly as possible and, at the same time, to deter or prevent potentially inadmissible travelers from gaining entry to the United States.

The Visas Mantis caseload grew significantly from calendar year 2001 through 2002. At any given moment, we have from 1,500 to 2,000 Mantis cases pending in this interagency review process. The increase is attributable to increasingly vigorous interagency review of Mantis cases, and has led to an increasing number of refusals under section 212(a)(3)(A)(i)(II) of the Immigration and Nationality Act. Almost 4000 Mantis cases were sent during the first four months of this year."