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World Cup/1986
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Ronald Reagan Presidential Library
Digital Library Collections
This is a PDF of a folder from our textual collections.
Collection: Roberts, John G.: Files
Folder Title: World Cup/1986
Box: 58
To see more digitized collections visit:
https://reaganlibrary.gov/archives/digital-library
To see all Ronald Reagan Presidential Library inventories visit:
https://reaganlibrary.gov/document-collection
Contact a reference archivist at: [email protected]
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THE WHITE HOUSE
WASHINGTON
April 29, 1983
MEMORANDUM FOR PETER J. WALLISON
GENERAL COUNSEL
DEPARTMENT OF THE TREASURY
FROM:
JOHN G. ROBERTS OSR
ASSOCIATE COUNSEL TO THE PRESIDENT
SUBJECT:
1986 World Cup
Attached is the material we discussed briefly this afternoon.
It appears that only items 3.2 and 3.4 are of particular
concern to the Treasury, but naturally we would welcome any
comments on the other items as well. We need an answer for
Dr. Kissinger on the entire package by Monday, so I would be
grateful for whatever guidance you can provide as soon as
possible.
Many thanks.
Attachment
ID #.
CU
WHITE HOUSE
CORRESPONDENCE TRACKING WORKSHEET
OUTGOING
H INTERNAL
INCOMING
Date Correspondence
Received (YY/MM/DD)
/
/
Name of Correspondent: Henry A. kissinges
MiMail Report
User Codes: (A)
(B)
(C)
Bubject: to Michael 4 waves Ac. 1986 world Cup
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
IDeNtification (Staff Name)
Code
YY/MM/DD
Response
Code
YY/MM/DD
WHOll
ORIGINATOR 83,04,
Reterral Note:
CUATIB
Referral Note:
/
7
Referral Note:
1
Referral Note:
/
/
Referral Note:
ACTION DODES:
DISPOSITION CODES:
A Appropriate Action
4. Info Copy Only/No Action Magessary
A Answered
Completed
G
R Direct Hoply ef/Copy
B BionSpecial Referral discrippended
9
Draft Response
B For Signature
F
Furnish Fact Sheet
, Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE:
Type of Response = Initials of Signer
Gode = "A"
*Completion Date - Date of Outgoing
Comments:
Keep this worksheet attached to the original incoming letter.
Send all routing updates to Central Reference (Room 75, DEOB).
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference, ext. 2590.
5/81
personal
NEC
SINT
1881
THOME
FORES
1801
UNIVERSITY OF SOUTH CAROLINA
COLUMBIA, S. C. 29208
SCHOOL OF LAW
April 28, 1983
Mr. John G. Roberts, Jr.
Associate Counsel to the President
Old Executive Office Building
17th and Pennsylvania Avenue
Washington, D. C. 20500
Dear Mr. Roberts:
At semester's end, my Constitutional Development Seminar
and I look back with pleasure and appreciation to our February
28th meeting with you and Mr. Waller.
Sincerely,
bury J.Haimbargh Jr.
George D. Haimbaugh, Jr.
David W. Robinson Professor of Law
GDH/saw
The University of South Carolina: USC Aiken; USC Salkehatchie, Allendale; USC Beaufort; USC Columbia; Coastal
Carolina College, Conway; USC Lancaster; USC Spartanburg; USC Sumter; USC Union; and the Military Campus.
THE WHITE HOUSE
WASHINGTON
May 3, 1983
MEMORANDUM FOR MICHAEL K. DEAVER
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
1986 World Cup
By memorandum to you dated April 28, 1983, Henry A.
Kissinger sought to secure the federal government
commitments required by the Federation Internationale de
Football Association (FIFA) for consideration of the United
States Soccer Federation's bid to host the 1986 World Cup.
Dr. Kissinger attached a proposed memorandum to FIFA (Tab C
of the Kissinger memorandum) indicating how the United
States intended to comply with FIFA's ten requirements.
Based on our review of existing law, several changes must be
made in the proposed draft.
On page 1, the last three sentences must be deleted. As
will become evident, the U.S. cannot meet all of the
demanded guarantees. In addition, the Department of State
has advised that the guarantees issued with respect to the
Olympics do not, as the memorandum from Arnold & Porter
suggests, comply with FIFA's demands.
Item 1, visas: The State Department suggests the following
language: "Visas will be issued without regard to
nationality, race and religion. Visas for eligible players
and officials will be issued pursuant to procedures to be
developed by the Department of State and the Immigration and
Naturalization Service. Media representatives who have been
accredited by FIFA and foreign spectators may apply
individually for appropriate visas." State is willing to
accord FIFA and the World Cup the same treatment as the
Olympics, but the agreement in place for the Olympics only
deals with procedures for processing visa applications, not
guarantees concerning eligibility. I have attached for your
reference a copy of the Olympics agreement concerning visas.
Item 2, customs: This should be changed to read: "Import
and export of each item specified in the terms of reference
is permitted free of duty under existing law and will be
coordinated by the Department of the Treasury." Posting of
-2-
a bond may be required for certain items under existing law,
so we technically cannot guarantee free import and export.
Legislation has been proposed to remove the bond requirement
for the Olympics, and Treasury would support similar
legislation for the World Cup.
Item 3, security: I would delete "under the auspices of the
Executive Office of the President. " It would make more
sense for such a committee to be based in the Department of
Justice.
Items 4, 5, and 6: no objection.
Item 7: "The authority
" should be changed to "Any
authority "
Item 8: no objection.
Item 9: "The authority
" should be changed to "Any
authority "
Item 10: no objection.
The last sentence is not only conclusory but erroneous and
should be deleted.
Presupposing that this is something that we want to support,
acknowledging that HAK may not be doing this "gratis" and
has already told the press that "we have the full support of
the White House that the Olympic provisions will also apply
to this World Cup" and "just the paperwork" remains, the
foregoing may be the solution.
Query: who should sign the memorandum?
FFF: JGR:aw 5/3/83
CC: FFFielding
JGRoberts
Subj.
Chron
THE WHITE HOUSE
WASHINGTON
May 2, 1983
MEMORANDUM FOR FRED F. FIELDING
THROUGH:
RICHARD A. HAUSER
FROM:
JOHN G. ROBERTS ?
SUBJECT:
1986 World Cup
Henry Kissinger has written Michael Deaver to secure the
Federal government guarantees required by the Federation
Internationale de Football Association (FIFA) before it will
consider an application to host the 1986 World Cup. The
application of the United States Soccer Federation (USSF) to
host the World Cup -- the world's most popular sporting
event -- has already been rejected in favor of Mexico. FIFA
did not even consider the U.S. application because the USSF
failed to provide government guarantees. Kissinger is
seeking a rehearing, and has asked for the guarantees as
soon as possible. (See attached article from today's N.Y.
Times.) Arnold & Porter has prepared a memorandum
indicating that all the required guarantees can be provided
under existing law, and a draft memorandum to be issued to
FIFA by some undetermined government official providing the
guarantees.
Ten guarantees are demanded:
1. distribution of visas without reservation to all
officials, players, and media accredited by FIFA, as
well as all foreign spectators.
2. free import and export of material for the teams.
3. security.
4. free import and export of foreign currency, and
ready exchange of same.
5. adequate telecommunications.
6. adequate transportation.
-2-
7. "price politics": hotel prices for participants
frozen as of January 1, 1986; participants only charged
for "effective use" of hotels.
8. playing national anthems and hoisting teams'
national flags.
9. a ceiling of 15% on state and local taxes on gate
receipts.
10. a maximum 10% commission on ticket sales.
There are no problems with the draft guarantees prepared by
Arnold & Porter with respect to 5, 6, and 8. Peter
Wallison's office advises that there is no problem with 4.
The draft guarantee for 10 states that the World Cup Organ-
izing Committee will be responsible for regulating commis-
sions charged by its sales agents. The draft guarantees for
7 and 9 state that the authority to provide these guarantees
rests with state and local government. I would change this
to "any authority" rests with state and local government,
since it is unclear whether even those governments can
provide the requested guarantees. The draft guarantee on
security states that a committee of federal, local, and
state officials will be established within the EOP; I would
simply state that an appropriate committee will be establish-
ed (perhaps within the Department of Justice rather than the
EOP). That leaves only items 1 (visas) and 2 (customs).
With respect to customs, Arnold & Porter's proposed guarantee
states that free import and export of the items listed by
FIFA is permitted. Peter Wallison's office advises that
this is true in one sense, but bonds may be required for
items not carried by the athletes. In fact, Treasury has
proposed legislation to ease customs problems for the
Olympics, and would support similar legislation for the
World Cup. I would simply change the guarantee of free
import and export to a guarantee of import and export free
of duty.
The trickiest area is with respect to visas. The Legal
Advisor's office at the State Department advises that it
cannot under present law provide any guarantee that visas
will be issued "without reservation." It can guarantee that
visas will be issued without respect to the nationality,
race, or religion of participants. Media and spectators may
and must apply for visas like anyone else. The Olympic
agreement does not, as Arnold & Porter states, provide any
more. That agreement simply governs procedures -- not
eligibility -- and applies only to participants, not media
or spectators. State has submitted proposed language for
- -3-
item 1. State suggests not mentioning the Olympic agreement
in the memorandum itself, but has no problem with assuring
FIFA that it can have the same treatment as the Olympics.
I have drafted a memorandum to Deaver for your signature,
reviewing the necessary changes in the draft proposed by
Kissinger and Arnold & Porter.
Attachment
THE NEW YORK TIMES
Monday, May 2, 1983
Kissinger and Vance Unite for Sake of Soccer
By LAWRIE MIFFLIN
Henry A. Kissinger has faced many
challenges in top-level international,
diplomacy. So has Cyrus R. Vance:
Now the two former Secretaries of
State are allied in a new diplomatic
venture with the Federation Interna-
tionale de Football Association trying
to overturn a decision that is almost
certain to be upheld.
At stake is the 1986 site for the
world's most popular sports event,
soccer's World Cup. The quadrennial
championship offers not just the
potential for millions of dollars of
tourist and ticket revenue, but the
promise of a degree of international
sports fame exceeding even that of the
Olympics. Television experts esti-
mate that the 1982 World Cup matches
United Press International
The New York Times
were watched by 1.3/billion people, or
mere than one-fourth the world's
Henry A. Kissinger
Cyrus R. Vance
population.
preparation that meets every objec-
cost of organizing it, withdrew last Oc-
Soccer's international governing
tion FIFA could possibly have."
tober. A special committee of the in-
body has all but confirmed Mexico as
FIFA is what buffs like the former
ternational federation charged with
the host nation for the 1986 World Cup.
Secretary of State refer to the interna-
reviewing the three replacement ap-
But Mr. Kissinger wants the games in
tiopal federation that is soccer's world
plicants for 1986 has rejected the,
the United States. On Saturday be per-
governing body. Through it, national
dossiers. of the United States and
suaded Mr. Vance to join the cause.
bodies such as the United States Soc-
Canada, and, following a recent in-
He has also enlisted numerous promi-
cer Federation may apply to stage the
spection tour of Mexico's facilities,
nent American: corporate leaders.
World Cup. Mr. Kissinger, a longtime
decided to recommend that country.
And Mr. Kissinger said that a joint
advocate of soccer who wants to see
"The U.S.S.F. has asked for a
resolution of Congress supporting the
the sport gain popularity in this coun-
reconsideration and international fed-
bid was expected to pass this week.
try, is the chairman of the United
eration has telexed back asking for
"Our basic mood is positive now,"
States World Cup Organizing Commit-
our reasons," Mr. Kissinger said.
Mr. Kissinger said. "We are going at
tee.
"We hope to get at least another hear-
this in a spirit of cooperation, and we
Originally, Colombia was scheduled
ing on May 20 in Stockholm."
have put together an outstanding
to stage the event, but, citing the high
That is where the final decision is to
FOR THOSE FAVORING CERMATION WOODLAWN
OWNERS OF DEVECTIVE GM CARS JOIN
be made by the international federa-
CEMETHEY OFFERS A FREE PAMPHLET GIVING COM-
action
at
GM
Contacts
THE
PLETS INFORMATION. CALL ADVT.
P.O. Box 19818, Washington, D.C.
Continued OR Page CO, Column 5
C9
New Effort on Cup
therefore the committee would not
Continued From Page Al
visit the United States to inspect its fa-
cilities.
tion's 23-member executive commit-
"When the original presentation
tee. Mr. Kissinger said be would prob-
was made, the U.S.S.F. people
ably accompany the U.S.S.F. presi-
thought it was basically à set of talk-
dent, Gene Edwards, to Stockholm to
ing points, which would be expanded
help plead the case. But in the mean-
upon when the inspection committee
time he is lobbying and negotiating
came to visit," said Mr. Kissinger.
behind the scenes.
"The committee in turn thought there
He has spoken, he said, to Dr. Her-
were gaps in the presentation, and so
mann Neuberger of West Germany, a
decided not to visit. So there was no
FIFA vice president and the chair-
opportunity to fill the gaps."
man of the five-man special commit-
One objection by the FIFA commit-
tee on the World Cup site selection. At
tee was that Federal Government
home, Mr. Kissinger is mobilizing
guarantees - on such matters as
support from the private sector and
visas, currency exchange, customs
working to cut red tape on govern-
clearance, security measures and
ment matters related to the World
ticket and hotel prices were not pro-
Cup bid.
vided. But on short notice, it is easier
"We are getting broad-based public
to get such guarantees in a county
and political support now, including a
with a more centralized system of
number of leading business execu-
government than the United States,
tives joining our organizing commit-
said Werner Fricker, the chairman of
tee," Mr. Kissinger said yesterday.
the U.S.S.F. World Cup Organizing
Among them are the chief executives
Committee and a vice chairman of
of Ford, Pepsico, R. J. Reynolds and
Mr. Kissinger's larger committee.
Norton Simon, he said, adding that
"Our presentation said we would
other corporate leaders were also in-
provide the same guarantees on those
terested.
matters as were provided for the 1984
Mr. Kissinger's optimism contrasts
Olympics, in Los Angeles," said Mr.
with the gloom that has pervaded
Fricker. "FIFA's Terms of Reference
American soccer circles since March
didn't specifically say we needed writ-
31, when the FIFA committee an-
ten documentation from every gov-
nounced that it would visit only Mexi-
ernment agency."
CO. Mr. Kissinger believes that deci-
Mr. Kissinger said, "We have the
sion was based on "a misunderstand-
full support of the White House that
ing."
the Olympic provisions will also apply
In January, the international feder-
to the World Cup," and "just the
ation sent to the soccer federations of
paperwork" remains.
the United States, Canada and Mexico
"I'd be amazed if the FIFA execu-
a thick document, called "Terms of
tive committee didn't give us a hear-
Reference," detailing the require-
ing now, after all the efforts that have
ments for approval of a country as
been made, and after a Congressional
host for a World Cup. After the bids
resolution, and after we've met all the
were submitted, the special commit-
objections," Mr. Kissinger said. The
tee indicated that the United States's
resolution was introduced by Repre-
presentation had not met those re-
sentative James F. Florio, Democrat
quirements adequately, and that
of New Jersey.
THE WHITE HOUSE
WASHINGTON
May 2, 1983
MEMORANDUM FOR MICHAEL K. DEAVER
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
1986 World Cup
By memorandum to you dated April 28, 1983, Henry A.
Kissinger sought to secure the federal government
commitments required by the Federation Internationale de
Football Association (FIFA) for consideration of the United
States Soccer Federation's bid to host the 1986 World Cup.
Dr. Kissinger attached a proposed memorandum to FIFA (Tab C
of the Kissinger memorandum) indicating how the United
States intended to comply with FIFA's ten requirements.
Based on our review of existing law, several changes must be
made in the proposed draft.
On page 1, the last three sentences must be deleted. As
will become evident, the U.S. cannot meet all of the
demanded guarantees. In addition, the Department of State
has advised that the guarantees issued with respect to the
Olympics do not, as the memorandum from Arnold & Porter
suggests, comply with FIFA's demands.
Item 1, visas: The State Department suggests the following
language: "Visas will be issued without regard to
nationality, race and religion. Visas for eligible players
and officials will be issued pursuant to procedures to be
developed by the Department of State and the Immigration and
Naturalization Service. Media representatives who have been
accredited by FIFA and foreign spectators may apply
individually for appropriate visas. State is willing to
accord FIFA and the World Cup the same treatment as the
Olympics, but the agreement in place for the Olympics only
deals with procedures for processing visa applications, not
guarantees concerning eligibility. I have attached for your
reference a copy of the Olympics agreement concerning visas.
Item 2, customs: This should be changed to read: "Import
and export of each item specified in the terms of reference
is permitted free of duty under existing law and will be
coordinated by the Department of the Treasury." Posting of
-2-
a bond may be required for certain items under existing law,
so we technically cannot guarantee free import and export.
Legislation has been proposed to remove the bond requirement
for the Olympics, and Treasury would support similar
legislation for the World Cup.
Item 3, security: I would delete "under the auspices of the
Executive Office of the President." It would make more
sense for such a committee to be based in the Department of
Justice.
Items 4, 5, and 6: no objection.
Item 7: "The authority " should be changed to "Any
authority
"
Item 8: no objection.
Item 9: "The authority II should be changed to "Any
authority
"
Item 10: no objection.
The last sentence is not only conclusory but erroneous and
should be deleted.
FFF: JGR: aw 5/2/83
CC: FFFielding
JGRoberts
Subj.
Chron
B
UNITED STATES DEPARTMENT OF JUSTICE
IMMIGRATION AND NATURALIZATION SERVICE
PLEASE ADDRESS
WASHINGTON, D.C. 20536
AND REFER 10 THIS
OFFICE OF THE COMMISSIONER
"r. Harry Usher,
Executive Vico-Prosident
and General Manager
Olympic Organizing Committee
Los Angeles, Ca 90084
Dear Mr. Usher:
Representatives of the Immigration and Naturalization Service, Department of Justice,
and the Bureau of the Consular Affairs, Department of State, have given careful
joint consideration to visa and inspection procedures to he employed with respect
to non-U.S. citizen participants in the 1984 Olympic Games at Los Angeles. These
procedures, outlined in summary helow, are recommended as representing an efficient,
yet convenient manner of documentation while meeting requirements of U.S. law.
National Olympic Committees
In each participating country, their Olympic Committee representatives will arrange
for the preparation, in duplicate, of a list of all non-U.S. citizen participants
showing for each the full name, date of birth, and nationality. The list will be
furnished to the appropriate United States Consulate as much in advance of the
participants departure as possible. Any changes or substitutions to the list must
in any event he made 14 days prior to arrival in the U.S., in accordance with
Olympic regulations.
United States Consular Official
The United States Consular Official will receive the list and will thereafter, in
a regular but expeditious fashion, determine the admissibility as a non-immigrant
of each participant on the list. It is possible that some participants may he
determined to be excludable from the United States in accordance with law. Waivers,
when appropriate, will be considered. The consular official will delete from the
list the names of those participants found excludable and not entitled to waivers.
The list will then be visaed by affixing a stamp. A copy of the visaed list will
be sent to the National Olympic Committee representatives for that country together
with advice as to those participants, if any, who were found ineligible.
The original visaed list will be forwarded to the coordinator at the Immigration and
Naturalization Service at its Washington, D.C. headquarters.
-2-
The INS Coordinator
The INS Coordinator will copy and distribute the list to all major United States
ports of entry.
The L.A. Olympic Organizing Committee
The Los Angeles Olympic Committee will issue the sequential Olympic identification
cards.
Special note must be taken of last-minute or unusual situations in which Olympic
identification cards are issued to participants not on the consular officers'
approved list. In such cases, it will be necessary for those persons to obtain
individual visas and if necessary, individual waivers.
The INS Inspecting Officer
At the United States port-of-entry, the INS inspecting officer will inspect and
admit bona-fide holders of Olympic indentification cards whose names are included
on the approved list. The officer will also inspect and admit bona-fide holders of
Olympic identification cards who, while not on the list, also hold individually
issued visas and, if necessary, individually issued waivers. Participants will
also be asked for their home country passport, in accordance with International
Olympic regulations.
In any instance where there is doubt as to admissibility, the INS primary inspector
will refer the delegate to a secondary inspector for further examination. Appropriate
advance notifications of the teams' make-up should minimize such referrals.
The procedures described above represent, we believe, a reasonable and proper
balance between recognition of this outstanding international event and convenience
to its participants on the one hand and adherence to the immigration laws and the
security of the United States on the other. You will note that the need for
individual visa application and issuance has been avoided in favor of the consular
officers' approved list which will cover the great majority of the participants.
We are confident that this plan will meet with your approval as well as that of the
International Olympic Committee. We shall look forward to your response and technical
comments.
alam C.Nelson
Alan C. Nelson
Div Diego Asencio Casenvo
Commissioner
Assistant Secretary
Immigration Naturalization Service
Consular Affairs
Department of Justice
Department of State
12/15/82
12/14/82
(date)
(date)
DEPARTMENT OF STATE
Washington, D.C. 20520
May 2, 1983
MEMORANDUM FOR:
Mr. John G. Roberts
Associate Counsel
to the President
FROM:
Davis R. Robinson
Legal Adviser
Department of State
SUBJECT:
1986 World Cup
This responds to your memorandum of April 29,
1983.
As you will see from the attached, we con-
clude that although it is legally impossible for
the Department to issue visas in the manner
requested by FIFA, i.e., "without reservation,"
we can offer certain procedural visa accommoda-
tions which parallel those we have extended to
the 1984 Olympic Committee. (See Tab C of the
attached memorandum.)
Please do not hesitate to contact me if you
require additional information.
Attachment:
As stated.
DEPARTMENT OF STATE
Washington, D C. 20520
May 2, 1983
MEMORANDUM
TO:
L - Mr. Davis R. Robinson
THROUGH:
L - Mr. Daniel McGovern
FROM:
L/CA - James G. Hergen
SUBJECT:
1986 World Cup Soccer
Herewith our comments regarding Dr. Kissinger's
April 28, 1983, memorandum to Mr. Michael Deaver
(Tab A).
Background
Dr. Kissinger submitted his memorandum on behalf of
the U.S. Soccer Federation, which is eager to secure the
1986 World Cup for the United States. In order for the
U.S. to be eligible to host the Cup games, however, certain
guarantees must be made to the Federation Internationale de
Football Association ("FIFA"). The purpose of Dr. Kissinger's
memorandum is to obtain the necessary Federal guarantees
from the Executive Branch. In this connection, Dr. Kissinger
asserts that:
the United States has already provided
virtually identical guarantees in connection
with the 1984 Olympic Games. Thus, it would
appear that the Federal Government need do no
more in connection with attempting to secure
the 1986 World Cup than it has already done
in connection with the 1984 Olympics.* /
The only FIFA proposal which is of significant concern
to the Department is point 3.1, which provides as follows:
* / This assertion derives from paragraph 1 of an April 27,
1983, legal memorandum which was prepared for Dr. Kissinger
by Arnold & Porter and which accompanies his memorandum to
Mr. Deaver. The Arnold & Porter memorandum opines that
"the guarantees requested by (FIFA)
for the 1986 World
Cup can be appropriately issued by the Federal Government
under existing U.S. law." Emphasis supplied.
- 2 -
Entry and Exit Permit (Visa)
Distribution of visas without reservation to
all officials, players and media representatives
who have been accredited by FIFA, regardless of
their nationality, race and religion. This
should also apply to foreign spectators.
Discussion
For the following reasons, the Department is unable
to provide the guarantees in the form which Dr. Kissinger
has requested with respect to the issuance of visas:
1. Under existing law, / the Executive Branch is
strictly barred from agreeing to issue visas in the manner
sought by FIFA, i.e., "without reservation". Thus, under
the INA, Congress has mandated that certain aliens not
be admitted into the country. /
Thus, whereas FIFA seeks across-the-board, unrestricted,
entry of all officials, players, media representatives accredited
by FIFA and foreign spectators, the guarantees given to the 1984
Olympic Committee are procedural only and were specifically
fashioned to provide "an efficient, yet convenient manner of
documentation while meeting the requirements of U.S. law."
Emphasis supplied. (A copy of the 1984 Olympic Committee
procedures is attached as Tab B.)
In a nutshell, the 1984 Olympic Committee procedures
specify that the National Olympic Committee in each country
will submit a list of participants to the appropriate U.S.
Consulate which will review the list to determine the ad-
missibility of each applicant under the INA. If an applicant
is determined to be excludable under the INA, the examining
Consular Officer will consider recommending a waiver of in-
/ The entry of aliens into the U.S. is governed by the
Immigration and Nationality Act of 1952, as amended,
8 U.S.C. §§ 1101 et seq. (Hereinafter, the "INA".)
/ The relevant section of the INA is codified at 8 U.S.C.
E 1182, which, for example, expressly bars from entry persons who
engage in activities prejudicial to the public interest (212 (a) (27) ) ;
terrorists (212 (a) (28) (F) ) ; saboteurs and spies (212 (a) (29) ) ;
and Nazi persecutors (212 (a) (33) ) By statute, waivers cannot
be granted for aliens found inelgible under sections 212 (a) (27)
(29) and (33). In addition, it is Department policy not to
recommend waivers for those aliens who have personally advocated
terrorist activities.
- 3 -
eligibility, where appropriate, but will delete from the
list the names of those applicants, if any, who are both
excludable and ineligible for waivers. Thereafter, a copy
of the list will be stamped approved and returned to the
National Olympic Committee representatives, together with
advice as to those participants who where found ineligible.
The original list will be transmitted to I.N.S. Headquarters
in Washington, D.C., which, in turn, will transmit copies
to I.N.S. officials at all major U.S. ports of entry.
When a participant appears at the port of entry, his name
will be checked on the approved list against his Olympic
identification card.
It bears particular emphasis that the 1984 Olympic
Committee procedures--unlike the requested FIFA guarantees--
apply only to participants, i.e., foreign spectators and media
representatives would still have to apply individually for
visas to attend the 1984 games.
Finally, the INA does not permit the U.S. to deny visas
on the basis of nationality, race or religion. Accordingly,
Dr. Kissinger can assure FIFA that such factors would not
constitute grounds for denial in any event.
Recommendation
I recommend that you advise the White House that although
the U.S. cannot guarantee FIFA that visas will be issued
without reservation, the Department is, however, willing to
extend to FIFA guarantees similar to those set forth in the
arrangement with the 1984 Olympic Committee, assuming I.N.S.
agreement. (See Tab C.)
Attachments:
Tab A - - Memorandum from Mr. Roberts (April 29, 1983).
Tab B - Joint Letter (INS-State) to Olympic Organizing
Committee (December 14-15, 1982).
Tab C - Proposed revision of guarantee.
Clearances: CA - Mr. Fritts
CA/VO Mr. Scully
}
Drafted:L/CA:JGHergen:nmo
632-2672
A
THE WHITE HOUSE
DR
WASHINGTON
ccDM
April 29, 1983
LICA
MEMORANDUM FOR DAVIS R. ROBINSON
LEGAL ADVISER
DEPARTMENT OF STATE
FROM:
JOHN G. ROBERTS ord
ASSOCIATE COUNSEL TO THE PRESIDENT
SUBJECT:
1986 World Cup
Attached is the material we discussed briefly this morning.
It appears that only item 3.1 is of particular concern to
the State Department, but naturally we would welcome any
comments on the other items as well. We need an answer for
Dr. Kissinger on the entire package by Monday, SO I would be
grateful for whatever guidance you can provide as soon as
possible.
Many thanks.
Attachment
April 28, 1983
MEMORANDUM
TO:
The Honorable Michael Deaver
FROM:
Henry A. Kissinger
RE:
1986 World Cup
As you have been informed, I have recently agreed
to be the Chairman of a group acting under the auspices
of the United States Soccer Federation which is seeking
to secure the 1986 World Cup for the United States. The
Federation Internationale de Football Association ("FIFA")
has set forth detailed requirements which must be met before
FIFA will consider the application of a nation to host the
1986 World Cup. The United States Soccer Federation
submitted a preliminary proposal to FIFA which was rejected
for alleged "technical deficiencies." Frankly, the presen-
tation left something to be desired, partly because an
adequate committee had not been formed. It was at this
point that I was asked to assume the chairmanship and I
have just put together a group of distinguished citizens.
The group includes Don Kendall, Paul Sticht, David Mahoney,
Phillip Caldwell, Steve Ross and many others. We have now
- 2 -
revised the presentation fundamentally and, with great
effort, the United States Soccer Federation has
persuaded FIFA that, notwithstanding the alleged
"technical deficiencies" in the United States' proposal,
FIFA should send a delegation to the United States to
review our capabilities to host the 1986 World Cup. We
are informed that a delegation from FIFA will arrive here
sometime early next week.
If the United States is to have any chance at all
to host the 1986 World Cup (and we face an uphill fight),
it is imperative that the organizing committee be in a
position to provide the FIFA visiting delegation on or
before its visit with a complete proposal which complies
in all respects with FIFA requirements. We believe we
are now in a position to do that with regard to all but
one group of FIFA requirements, specifically the guarantees
from the Federal Government.
I am writing this memorandum to you in order to
secure the needed Federal guarantees so that a complete
proposal can be provided to FIFA on or before the
delegation's visit. I have attached at Tab A to this
- 3 -
memorandum a list of the governmental guarantees as set
forth in the FIFA terms of reference for the 1986 World
Cup. I have attached at Tab B a memorandum prepared by
the law firm of Arnold & Porter which discusses each of
those guarantees and indicates why the United States can
provide the guarantees needed from the Federal Government
under existing law. Indeed, as set forth in the Arnold &
Porter memorandum, it is our understanding that the United
States has already provided virtually identical guarantees
in connection with the 1984 Olympic Games. Thus, it
would appear that the Federal Government need do no
more in connection with attempting to secure the 1986
World Cup than it has already done in connection with the
1984 Olympics.
I have attached at Tab C a proposed document
that would be appropriate for the United States Government
to issue to provide FIFA with the requested guarantees.
While it shall, of course, take some time to work out
the details necessary to effectuate the guarantees, it
is my belief that the issuance of the attached document
should reasonably satisfy FIFA that the United States
- 4 -
Government can meet the guarantees requested by FIFA.
I and the United States Soccer Federation are
very grateful to you for your assistance in attempting
to secure the needed guarantees. Obviously, in view of
the forthcoming visit by the FIFA delegation, we need
not only your assistance in having the attached document
issued, but also your assistance in having it issued as
soon as possible. For the document to have any effect,
we must receive it prior to the visit of the FIFA dele-
gation early next week.
Members of the organizing committee, representa-
tives of Arnold & Porter and I will be happy to provide
you any additional information or assistance that you may
require.
-
street, 081
c
-6-
3. Government Guarantees
The guarantees to be made by the government cover the
following sectors:
3.1 Entry and Exit Permit (Visa)
Distribution of visas without reservation to all officials,
players and media representatives who have been accredited
by FIFA, regardless of their nationality, race and religion.
This shall also apply to foreign spectators.
3.2 Customs
Free import and export:
a) of personal equipment;
b) of technical equipment of players and officials;
c) of the media representatives' technical equipment
(cameras, video recorders, lighting material etc.);
d) of medical apparatus and pharmaceutical products
e) of food;
f). of all other technical accessories for the organisation
of the World Cup (copying machines, typewriters, photofax,
telex etc.)
3.3 Security
Security is a matter for the State.
General security and personal protection are the No.1
commandment of a worldwide competition, particularly at
airports, hotels, training grounds and in the stadia.
This also includes the personal protection of all players,
officials, media representatives and spectators before,
during and after the matches as well as guaranteeing
security and protection during domestic travel.
-7-
3.4 Bank and Foreign Exchange Operations
This is an important point because it directly concerns the
financial value of the FIFA World Cup. The Government must
- either directly or through the national bank - make a
declaration guaranteeing the free import and export of all
foreign exchange in the organising country as well as the
exchange and re-conversion of this foreign exchange into
hard currency (US$ or Swiss francs). A re-conversion of the
different currencies should equally be possible within the
country under the internationally recognized conditions
on the foreign exchange market. Moreover, a written authori-
zation must be given by the respective governmental authorities
enabling all payments abroad at the official rate.
If other laws are in force, these shall be repealed or
modified for the duration of the World Cup.
3.5 Telecommunications
The government shall guarantee the existence (or the measures to
be taken -for the construction) of an international-telecomm-
nications network-for-telephone,=telex, radio-and television.
Moreover-, it shall see-that-a.specific centre -be set-up for
the :World Cup where communications media:can-be concentrated
(Telecommunications Centre).
ENCLOSURE
The description of such a centre is enclosed with this report.
3.6 Transportation
One shall have to determine whether the domestic transport
system and the national transport network are capable of
preparing the necessary installations and means on time for the
technical staging of a World Cup.
-8-
3.6.1 Each subseat must have an airport, the construction
and security of which must answer IATA specifications.
Moreover, it must have landing capacity for jet traffic.
3.6.2 Existing rail connections between the subseats.
3.6.3 Existing road connections between the subseats
3.7 Price Politics
Prices for hotels and other accommodation for all people
accredited by FIFA shall be frozen as from 1.1.86. It
shall equally be established by governmental decision that
rooms must only be paid for the number of days of effective
use.
3.8 Guarantee for the playing of national anthems of the parti-
cipating teams and the hoisting of the respective national
flags.
3.9 State Taxes
Guarantees that state, provincial and municipal taxes on
gate receipts must not exceed a total of maximum 15%
3.10. Guarantee that organisations in charge of domestic sales
shall not demand more than a 10% commission: on ticket sales.
These 10 points show that prior to a FIFA World Cup, a country's
government must take a series of decions of national importance.
Thus, special laws, orders or decrees must be promulgated to
guarantee the basis for the organisation and execution of a
football World Cup.
1
ARNOLD & PORTER
April 27, 1983
MEMORANDUM
TO:
Dr. Henry A. Kissinger
United States Soccer Federation
RE:
1986 World Cup
Based on a review of relevant existing law and
regulations, and our conversations with responsible
government officials, it is our opinion that the guar-
antees requested by the Federation Internationale de
Football Association ("FIFA") in the terms of reference
for the 1986 World Cup can be appropriately issued by
the Federal Government under existing U.S. law. We
have discussed each of the pertinent requirements below.
1. Entry and Exit Permits (Visa). Distribution
of visas to accredited athletes, officials and media
representatives can be handled under existing law pur-
suant to an interagency agreement between the Immigration
and Naturalization Service and the Department of State,
with the participation of the appropriate law enforce-
ment agencies. Such an interagency agreement already
exists to govern the distribution of visas for the 1984
Los Angeles Olympic Games. Under that agreement each
- 2 -
national olympic committee submits to the local American
Consulate a single list of the athletes, trainers and
officials who will be traveling to the United States
for the games. Once the list is approved, all that is
required for entry into the United States is a travel
document (such as a passport) and accreditation from the
National Olympic Committee. Representatives of the
Department of State have assured us that a similar ar-
rangement could be worked out for the World Cup.
Foreign spectators should be able to enter the
United States without difficulty as Visitors for Pleasure
(visa classification B-2), indeed, without advance ap-
lication abroad.
2. Customs. Existing customs regulations are
adequate to assure the free movement of the property and
equipment required by players and media representatives.
In particular:
(a) Personal equipment may be brought
into the United States duty free. See,
e.g., Tariff Schedules of the United States
Annotated Schedule 8, part 2, item 812.10
(1983).
(b) Technical equipment of players
and officials, if not technically qualified
as personal equipment under Item 812.10 of
- 3 -
Tariff Schedule 8, can be imported free
of duty under bond for their exportation
within one year. Tariff Schedules
Annotated, Schedule 8, part 5, Item
864.50 (1983)
(c) Media representatives' techni-
cal equipment can also be imported into
the United States duty free under Tariff
Schedule 8, Item 864.50. The require-
ment of a bond may be satisfied by the
presentation of a "carnet" 19 C.F.R. $
114.3 (1982).
(d) The importation of medical ap-
paratus would fall under the sections
previously mentioned. The importation of
pharmaceutical products is under the con-
trol of the Drug Enforcement Administra-
tion ("DEA"). The DEA will issue a per-
mit for the importation of pharmaceutical
products required by the World Cup teams
upon application by the team medical ad-
visors.
(e) Processed food may be admitted
into the United States.
(f) Technical accessories for the
organization of the World Cup would fall
under the duty-free classifications for
technical equipment and tools of trade
mentioned above.
3. Security. Security arrangements fall under
the jurisdiction of various federal, state and local
agencies. Appropriate security arrangements can be
provided by the establishment of a coordinating committee
in the White House of local, state and federal officials.
- 4 -
This procedure has been utilized for the 1984 Los Angeles
Olympic Games; a security committee of representatives
from 13 federal, state and local agencies chaired by a
senior White House official has been organized to ensure
appropriate security for the Los Angeles games.
4. Bank and Foreign Exchange Operations. Under
existing United States law, there is no duty on the im-
port and export of foreign exchange and no limit on the
amount of foreign currency which can be brought into or
taken out of the United States. In addition, foreign
currencies can be purchased in the United States without
restriction under the internationally recognized condi-
tions of the foreign exchange market.
5. Telecommunications. The required guarantee
for telecommunications does not appear to raise questions
since the United States has in place the necessary tele-
communications systems.
6. Transportation. The required guarantee for
transportation does not appear to raise questions since
the United States has in place the required transporta-
tion systems.
- 5 -
7. Price Politics. The guarantee for "price
politics" involves issues which arise under state and
local law and do not involve the Federal Government.
8. There is no U.S. law which would prohibit
the playing of national anthems or hoisting of national
flags at World Cup events.
9. State Taxes. The guarantee with respect to
state taxes does not involve the Federal Government.
10. The guarantee with respect to commissions is
the responsibility of the World Cup Organizing Committee
and not the Federal Government.
the
MEMORANDUM
TO:
Federation Internationale de Football Association
RE:
1986 World Cup
We have reviewed on behalf of The United States
Government the specific requirements for Government
Guarantees listed in the Terms of Reference for the
Organizing Football Association issued for the 1986
FIFA World Cup. As stated by President Reagan, the
United States Government supports the efforts of the
United States Soccer Federation to secure the 1986
World Cup for the United States. To that end, the
United States Government wishes to make clear that it is
committed to and can under existing law meet all govern-
ment guarantees required in the FIFA document. Indeed,
the United States Government has issued virtually
identical guarantees in connection with the 1984
Olympic Games.
It is the intention of the United States Govern-
ment to comply with each of the guarantees set forth in the
Terms of Reference as follows:
- 2 -
1. Visas. Visas will be issued without reservation
pursuant to procedures to be developed by the Department
of State and Immigration and Naturalization Service.
2. Customs. Free import and export of each item
specified in the terms of reference is permitted under
existing law and will be coordinated by the Department of
the Treasury.
3. Security. A committee of appropriate federal,
state and local officials will be established under the
auspices of the Executive Office of the President to
ensure security.
4. Banks and Foreign Exchanges. Under existing
United States law, there is no duty on the import and ex-
port of foreign exchange and no limit on the amount of
foreign currency which can be brought into or taken out
of the United States. In addition, foreign currencies can
be purchased in the United States without restriction under
the internationally recognized conditions of the foreign
exchange market.
5. Telecommunications. The United States has in
place more than adequate telecommunications networks
- 3 -
necessary for the World Cup. The World Cup Organizing
Committee will establish a communications media center.
6. Transportation. The United States has in
place more than adequate domestic transportation systems
necessary for the World Cup.
7. Price Politics. The authority to provide
these guarantees rests with appropriate state and local
governments.
8. There are no United States laws which preclude
the playing of national anthems or the hoisting of flags
of the participating countries at World Cup events.
9. State Taxes. The authority to provide these
guarantees rests with appropriate state and local govern-
ments.
10. The World Cup Organizing Committee will be
responsible for ensuring that commissions on ticket sales
comply with the requested guarantee.
The foregoing complies in full with the Government
Guarantees required from the United States Government
requested for the 1986 FIFA World Cup.
B
UNITED STATES DEPARTMENT OF JUSTICE
IMMIGRATION AND NATURALIZATION SERVICE
PLEASE ADDRESS "
WASHINGTON, D.C. 20536
AND REFER 10 THIS
OFFICE OF THE COMMISSIONE
"r. Harry Usher,
Executive Vice-Prosident
and General Manager
Olympic Organizing Committee
Los Angeles, Ca 90084
Dear Mr. Usher:
Representatives of the Immigration and Naturalization Service, Department of Justice,
and the Bureau of the Consular Affairs, Department of State, have given careful
joint consideration to visa and inspection procedures to he employed with respect
to non-U.S. citizen participants in the 1984 Olympic Games at Los Angeles. These
procedures, outlined in summary helow, are recommended as representing an efficient,
yet convenient manner of documentation while meeting requirements of U.S. law.
National Olympic Committees
In each participating country, their Olympic Committee representatives will arrange
for the preparation, in duplicate, of a list of all non-U.S. citizen participants
showing for each the full name, date of birth, and nationality. The list will he
furnished to the appropriate United States Consulate as much in advance of the
participants departure as possible. Any changes or substitutions to the list must
in any event he made 14 days prior to arrival in the U.S., in accordance with
Olympic regulations.
United States Consular Official
The United States Consular Official will receive the list and will thereafter, in
a regular hut expeditious fashion, determine the admissibility as a non-immigrant
of each participant on the list. It is possible that some participants may he
determined to be excludable from the United States in accordance with law. Waivers,
when appropriate, will be considered. The consular official will delete from the
list the names of those participants found excludable and not entitled to waivers.
The list will then be visaed by affixing a stamp. A copy of the visaed list will
be sent to the National Olympic Committee representatives for that country together
with advice as to those participants, if any, who were found ineligible.
The original visaed list will he forwarded to the coordinator at the Immigration and
Naturalization Service at its Washington, D.C. headquarters.
-2-
The INS Coordinator
The INS Coordinator will copy and distribute the list to all major United States
ports of entry.
The L.A. Olympic Organizing Committee
The Los Angeles Olympic Committee will issue the sequential Olympic identification
cards.
Special note must be taken of last-minute or unusual situations in which Olympic
identification cards are issued to participants not on the consular officers'
approved list. In such cases, it will be necessary for those persons to obtain
individual visas and if necessary, individual waivers.
The INS Inspecting Officer
At the United States port-of-entry, the INS inspecting officer will inspect and
admit bona-fide holders of Olympic indentification cards whose names are included
on the approved list. The officer will also inspect and admit bona-fide holders of
Olympic identification cards who, while not on the list, also hold individually
issued visas and, if necessary, individually issued waivers. Participants will
also be asked for their home country passport, in accordance with International
Olympic regulations.
In any instance where there is doubt as to admissibility, the INS primary inspector
will refer the delegate to a secondary inspector for further examination. Appropriate
advance notifications of the teams' make-up should minimize such referrals.
The procedures described above represent, we believe, a reasonable and proper
balance between recognition of this outstanding international event and convenience
to its participants on the one hand and adherence to the immigration laws and the
security of the United States on the other. You will note that the need for
individual visa application and issuance has been avoided in favor of the consular
officers' approved list which will cover the great majority of the participants.
We are confident that this plan will meet with your approval as well as that of the
International Olympic Committee. We shall look forward to your response and technical
comments.
alan C.Nelson
Alan C. Nelson
Dies Diego Asencio Casenvo
Commissioner
Assistant Secretary
Immigration Naturalization Service
Consular Affairs
Department of Justice
Department of State
12/15/82
12/14/82
(date)
(date)
/
1. Visas. Visas will be issued without regard
to nationality, race and religion. Visas
for eligible players and officals will be
issued pursuant to procedures to be developed
by the Department of State and the Immigration
and Naturalization Service. Media representa-
tives who have been accredited by FIFA and
foreign spectators may apply individually
for appropriate visas.
THE WHITE HOUSE
WASHINGTON
May 3, 1983
MEMORANDUM FOR MICHAEL K. DEAVER
ASSISTANT TO THE PRESIDENT
Orig. signed by FFF
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
1986 World Cup
By memorandum to you dated April 28, 1983, Henry A.
Kissinger sought to secure the federal government
commitments required by the Federation Internationale de
Football Association (FIFA) for consideration of the United
States Soccer Federation's bid to host the 1986 World Cup.
Dr. Kissinger attached a proposed memorandum to FIFA (Tab C
of the Kissinger memorandum) indicating how the United
States intended to comply with FIFA's ten requirements.
Based on our review of existing law, several changes must be
made in the proposed draft.
On page 1, the last three sentences must be deleted. As
will become evident, the U.S. cannot meet all of the
demanded guarantees. In addition, the Department of State
has advised that the guarantees issued with respect to the
Olympics do not, as the memorandum from Arnold & Porter
suggests, comply with FIFA's demands.
Item 1, visas: The State Department suggests the following
language: "Visas will be issued without regard to
nationality, race and religion. Visas for eligible players
and officials will be issued pursuant to procedures to be
developed by the Department of State and the Immigration and
Naturalization Service. Media representatives who have been
accredited by FIFA and foreign spectators may apply
individually for appropriate visas." State is willing to
accord FIFA and the World Cup the same treatment as the
Olympics, but the agreement in place for the Olympics only
deals with procedures for processing visa applications, not
guarantees concerning eligibility. I have attached for your
reference a copy of the Olympics agreement concerning visas.
Item 2, customs: This should be changed to read: "Import
and export of each item specified in the terms of reference
is permitted free of duty under existing law and will be
coordinated by the Department of the Treasury." Posting of
-2-
a bond may be required for certain items under existing law,
so we technically cannot guarantee free import and export.
Legislation has been proposed to remove the bond requirement
for the Olympics, and Treasury would support similar
legislation for the World Cup.
Item 3, security: I would delete "under the auspices of the
Executive Office of the President. " It would make more
sense for such a committee to be based in the Department of
Justice.
Items 4, 5, and 6: no objection.
Item 7: "The authority
" should be changed to "Any
authority
"
Item 8: no objection.
Item 9: "The authority
" should be changed to "Any
authority
"
Item 10: no objection.
The last sentence is not only conclusory but erroneous and
should be deleted.
Presupposing that this is something that we want to support,
acknowledging that HAK may not be doing this "gratis" and
has already told the press that "we have the full support of
the White House that the Olympic provisions will also apply
to this World Cup" and "just the paperwork" remains, the
foregoing may be the solution.
Query: who should sign the memorandum?
FFF: JGR:aw 5/3/83
CC: FFFielding
JGRoberts
Subj.
Chron
THE WHITE HOUSE
WASHINGTON
May 4, 1983
MEMORANDUM FOR MICHAEL K. DEAVER
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
1986 World Cup
We have reviewed the above noted information which was
furnished by Henry A. Kissinger and have no objections
from a legal standpoint. Please refer to my memo to you
of May 3, 1983 for detailed comments.
FFF: kkk
bcc: FFFielding
JGRoberts
Subject
Chron