PRESENTATION TO THE PORTFOLIO COMMITTEE ON HOME AFFAIRS PROGRESS ON RECOMMENDATIONS BY THE INTER-MINISTERIAL COMMITTEE – “UNINTENDED CONSEQUENCES of the IMMIGRATION REGULATIONS” 1 March 2016

2 Implementing the IMC's Recommendations TIMEFRAMES The measures identified by the Inter-Ministerial Committee (IMC) on Immigration Regulations are prioritised under three specific phases: Measures prioritised for the Immediate Phase were the following: i.Implement the capturing of biometrics at ports of entry starting with a pilot at OR Tambo, King Shaka and Cape Town airports, ii.Look at introducing an Accredited Tourism Company Programme for countries like China, India and Russia, iii.Consider a long-term Multiple Entry Visa for a period exceeding 3 months and up to 3 years for frequent travellers (for business meetings), business people and academics, iv.Principals will issue letters confirming permission for children to travel on school tours, v.Extend the validity of the parental consent affidavit to 6 months. The Department also included additional deliverables, and at the previous stakeholders briefing we referred specifically to Objective 7: “Issuance of a Travel Advisory”, cautioning that it may have the potential to extend beyond the date of 31 January 2016 given the regulatory process framework to be followed. SUMMARY OF PROGRESS – PHASE 1 1.Immediate Phase (0-3 Months) - managed from 1 November January Short Term Implementation Phase (3 months – 1 year) - managed from 1 November October 2016 and; 3.Long-Term Implementation Phase (1 year and Beyond) - managed from 1 November 2015 – 31 March 2017 (and beyond). 1 2 Progress on each of the above matters, as at 31 January 2016 follows:

3 Phase 1 : 0-3 months (1 November 2015 – 31 January 2016) Progress Updates

4 Implementing the IMC's Recommendations i.The development of a biometric capacity at Ports of Entry (PoE) is complete, and the Department has successfully tested the solution to ensure that it is sufficiently robust and enabled to support core business operations. In view of this successful testing, transit visas are no longer required for persons travelling through Lanseria, ORTIA, CTIA, and KSIA. Further training continues on an ongoing basis as additional counters/ ports are enabled for biometric capturing. In this regard, Immigration Directive 28 of 2015 was approved on 18 December 2015 communicating the decision applicable at OR Tambo, KSIA, CTIA and Lanseria. Transit visas for remaining ports of entry will be re-evaluated after biometric rollout at such ports. ii.Regarding the accreditation of Tourism, NDT confirmed that the management of the tourism sector in China is highly regulated and therefore tourism operators are already accredited by that government. In this regard, on 28 January 2016, NDT provided a list of tour operators in China which have been accredited by Chinese state authorities and NDT. On 29 January 2016, Minister waived the requirement to have to apply for a port of entry visa in person for Chinese travellers travelling as part of a tour group and thus allow accredited Chinese tour operators to apply on behalf of such travellers on condition that the biometric data of the traveller will be taken on arrival in and on departure from South Africa. A Standard Operating Procedure that guides this application process was prepared and approved and communicated to all foreign missions and staff. Progress Updates

5 Implementing the IMC's Recommendations iii.The issuance of long-term multiple entry visitor’s visas for a period exceeding 3 months and up to 3 years has already been implemented. Furthermore, a 10-year visa waiver for business executives from BRICS countries has also been in existence since December 2014, allowing such executives to remain in the Republic for 30 days at a time. In line with its commitment to ensure that immigration serves as a vehicle to enhance economic growth, on 29 January 2016, the Minister of Home Affairs approved the granting of 10-year multiple entry visas to bona fide business and academics from Africa, a measure that should have been implemented in the short-term (3 months to a year). All departmental staff and foreign missions have been informed accordingly. iv.The Department has developed a standardised template for school principals to complete which is available as a download from the Departmental website. It developed a Standard Operating Procedure to address these changes, updated its website accordingly, and communicated these changes to relevant staff. School principals are therefore now enabled to provide one affidavit confirming permission for South African children to travel on school tours, in lieu of having to provide individual parent consent forms. Progress Updates

6 Implementing the IMC's Recommendations v.Importantly, and whilst not mandated by the IMC, the Department took additional steps to facilitate the travel of South African sports teams abroad. A meeting was held with the Department of Sports & Recreation in January On 29 January 2016, the Department received a list of 75 accredited sports federations from the Department of Sports & Recreation. In turn, the Department of Home Affairs prepared individual letters for the identified sports federations informing them of the agreement between the two Departments to facilitate the travel of sports teams abroad on the basis of an affidavit to be provided by the respective federation. vi.The Parental Consent Affidavit (PCA) has been extended from 4 to 6 months. An internal directive informing staff of this measure was issued on 18 December In line with this development, the Department’s has been updated. vii.The successful implementation of biometric capturing at key ports of entry formed the basis for the review of Transit Visa requirements at these ports. As of 18 December 2015, the Department began exempting travellers transiting through Lanseria, ORTIA, CTIA and KSIA airports from having to be in possession of transit visas. Departmental officials, foreign missions and airlines were duly informed of the decision. Progress Updates

7 Implementing the IMC's Recommendations viii.The issuance of a strong advisory for travellers accompanied by minors from countries which are visa- exempt in order to ensure compliance with unabridged birth certificate-related directives, did not form part of the IMC’s 0-3 months. However, the matter has been prioritised between the departments. After consultations with Senior Counsel, the Department decided that the optimal way to implement such as advisory is to amend Regulation 12 of the Immigration Regulations and frame it to confer powers on an immigration officer to exercise discretion, properly circumscribed, to establish the relationship between adult(s) and child. In November and December 2015, consultations were held with NDT on the proposed amendment and NDT was requested to provide their comments to the proposed amendment. Consensus on the approach being undertaken by the Department was received from NDT on 29 January The Department will undertake the prescribed process to amend the regulation accordingly. Progress Updates

8 Implementing the IMC's Recommendations WAY FORWARD Having implemented all of the recommendations made by the IMC that fall within the Department of Home Affairs’ control, the Department will now focus on giving effect to the measures falling in the next phase (3 months to 1 year), namely: Additional Visa Facilitation Centres (VAC’s), including in Zimbabwe, United Arab Emirates and Botswana, Consider a visa-waiver for India, China, Russia and other countries, Look at issuing visas on arrival for persons travelling to SA having in their passports valid visas for the UK, USA and Canada or any other country that applies stringent checks on visitors to their countries, to ease travel for tourists, Consider granting a certain category of frequent travellers (business and academics) from Africa a 10 year Multiple Entry Visitor’s Visa, Open two Business Visa Facilitation Centres in Durban and Port Elizabeth, in addition to the centre recently opened in Sandton, Print parents’ details in their passports so that they do not have to carry birth certificates.

9 Project Status – Phase months (1 November 2015 – 31 January 2016)

10 Biometrics Development, Pilot and Deployment of an eMCS Biometric fingerprint capability at Ports of Entry - Phase 1 solution Work in Progress ….. Immediate: 0-3 months Period: 1 November 2015 – 31 January 2016 A key focal point for the Department is the embedding of a biometric capturing capability at a Port of Entry. This becomes the cornerstone of our risk management strategy and successful implementation implies that other immigration controls, such as the Transit Visa, can be reviewed and withdrawn. Biometrics Minister: Home Affairs launched the Pilot Project on biometric capturing at ORTIA on 15 Dec Biometrics Pilot extended at Lanseria (from 2 to 5 counters), ORTIA (from 5 to 7 counters), KSIA (5 counters), CTIA (from 4 to 8 counters) OBJECTIVE 1 – Biometrics 31 January 2016 ObjectiveOutcomeStatus 1Implement the capturing of biometrics at Ports of Entry starting with a pilot at Lanseria, OR Tambo, King Shaka and Cape Town airports. Introduce alternative means to process the biometric capturing of travelers arriving at a PoE. Specifically intended to address challenges arising from travelers not able to readily access visa processing centres abroad. Phase 1 Objectives have been met

11 Work in Progress ….. Immediate: 0-3 months Period: 1 November 2015 – 31 January 2016 The National Department of Tourism (NDT) will initiate a feasibility study into the appointment of accredited tourism operators in China, India and Russia. The accreditation of Tourism Companies is a technical process and considering its expertise within this sector, NDT will serve as the lead department driving the accreditation process. The identification and accreditation of tourism companies must be based on pre-defined criteria, specifying the responsibilities that such tourism companies would need to accept on behalf of travelers. ObjectiveOutcomeStatus 2Look at introducing an accredited Tourism Company programme for China, India & Russia. Introduction of accredited service providers for Tourism Companies in China, India and Russia. On track – China immediately confirmed. India and Russia require further assessment and NDT is driving the outcomes Tourism Meetings held between DHA and NDT. An Addendum to the MOU between the DHA and the NDT was finalised and signed in December 2015 in terms of which NDT will identify and accredit tour operators and provide DHA with a list of such operators. Tourism NDT continuing with the accreditation solution for India and Russia 2 4 OBJECTIVE 2 – Appointing Accredited Tourism Operators Tourism A list of accredited tourism agencies has already been provided by Chinese authorities to NDT for purposes of such accreditation. 1 Tourism Opinions (verbal) pertaining to the travel advisory note and accreditation of tour operators provided to line function January 2016

12 Visas The 10 year visa waiver has been granted by Minister for BRICS countries and the 3 year multiple entry visa waiver has been granted for business persons and academics Immediate: 0-3 months Period: 1 November 2015 – 31 January 2016 The issuance of long-term multiple entry visitor’s visas for a period exceeding 3 months and up to 3 years has already been implemented. A 10 year visa waiver has also been introduced for BRIC’s countries. A long-term multiple entry visa is issued to travellers coming to South Africa frequently, including business people, academics and tourists. ObjectiveOutcomeStatus 3Consider a long-term Multiple Entry Visa for a period exceeding 3 months and up to 3 years for frequent travellers (for business meetings), business people and academics. Provide an enabling environment for facilitating movement of travelers attracting key skills and advancing foreign interest & investment. Phase 1 Objectives have been met 1 OBJECTIVE 3 – Long-term Multiple Entry Visa Visas Implementation of a 10-year multiple entry visa for business persons and academics within the Continent based on Minister’s approval. 3 Visas Submission to extend the 10-year multiple visa to bona fide business and academics in Africa has been drafted and will be submitted to DG. 2 Work in Progress ….. 31 January 2016

13 31 January 2016 Letters of Authority The Department has developed a standardised template for school principals which is available as a download from the Departmental website. Work in Progress …... Immediate: 0-3 months Period: 1 November 2015 – 31 January 2016 The Department is required to consider alternative means to accommodate travel of minors between neighbouring states by introducing a mechanism that will ensure the identity and protection of the child. This will also make provision for travel by persons accredited to a recognised professional sports body. ObjectiveOutcomeStatus 4Principals will issue letters confirming permission for children to travel on school tours. Extend the option to make provision for the inclusion of persons accredited to a professional sports body. Provide measures facilitating travel of minors when engaged with sanctioned school/ study tours involving cross border movements. Extending the concession for members of professional and accredited sports bodies. Phase 1 Objectives have been met 1 OBJECTIVE 4 – Principals will issue letters for travel on school tours, and also to be extended to professionally accredited sports bodies. Letters of Authority Letters have been issued to identified sports federations informing them of the agreement between the two Departments to facilitate the travel of sports teams abroad 3 Letters of Authority Minister signed letter to his counterpart in Department of Basic Education 2

14 Immediate: 0-3 months Period: 1 November 2015 – 31 January 2016 The Department has already instituted a parental consent validity for a period of 4 months. A process to review this to an extended period of 6 months is being prioritised. ObjectiveOutcomeStatus 5Extend the validity of the parental consent affidavit to 6 month. A process to review Parental consent validity from 4 months to 6 months is being considered. Phase 1 Objectives have been met Consent Affidavit Advisory on Department’s website was updated, paragraph 3.5, as well as the PCA soft copy on the website 2 OBJECTIVE 5 – Extend the validity of the parental consent affidavit to 6 months. Consent Affidavit Submission was prepared and approved by Minister: Home Affairs. Immigration Directive 27 of 2015 was approved by DDG: IMS on 18 December Work in Progress ….. 31 January 2016

15 Transit Visa Transit Visa requirements reviewed in line with PoE biometric enhancements. Transit visas no longer required for travel through Lanseria, ORTIA, CTIA and KSIA. Immediate: 0-3 months Period: 1 November 2015 – 31 January 2016 Transit visas were instituted to disrupt trafficking and smuggling networks, including irregular migration to neighbouring states through our airports and land borders. A biometric solution will ensure that the requirement can be reviewed by the Department in consultation with other member departments operating within the border control environment. ObjectiveOutcomeStatus 6 Re-evaluate Transit Visa requirements in line with PoE biometric enhancements. Retraction of the Transit Visa requirement based on biometric capturing of the traveler at a PoE. Phase 1 Objectives have been met Transit Visa Immigration Directive 28 of 2015 was approved on 18 December 2015 in respect of the change in requirements for transit visas. All officials and airlines informed of decision. 12 OBJECTIVE 6 – Re-e xamine Transit Visa Requirements. Work in Progress ….. 31 January 2016

16 Travel Advisory Consultation on the amendment to Regulation 12 of the Immigration Regulations has been undertaken with Senior Counsel Work in Progress ….. Immediate: 0-3 months Period: 1 November 2015 – 31 January 2016 The Department of Home Affairs is actively engaged with the implementation of the proposed review of the regulations issuing such a Travel Advisory. The Department has appointed a Senior Legal Advisor to assist with the redrafting of the required section. Steps to appoint an Immigration Advisory Board (IAB) has also been advanced and the pre-requisite advertisement was published on 29 November Whilst this is a lengthy process, it is necessary to ensure the Department adheres to the legislative requirements governing such amendments. ObjectiveOutcomeStatus 7Issuance of a Travel AdvisoryIssuance of a Advisory for travelers from countries that are visa-exempt. Its purpose is to advise travelers who are accompanied by minors to ensure compliance with UBC related directives. In progress – Phase 1 objectives met. Continues Travel Advisory In November and December 2015, consultations were held with NDT on the proposed amendment. Consensus on the approach being undertaken by the Department was received from NDT on 29 January OBJECTIVE 7 – Issuance of a Travel Advisory Note: This objective did not form part of the IMC’s 0-3 months, but has been prioritised between the departments. Travel Advisory After consultations, meeting held in late Nov/early Dec 2015 with NDT on the proposed amendments. The NDT agreed to consider the proposed amendments and revert to DHA. DHA is awaiting feedback from NDT. 2 Post. 31 January 2016

17 Immediate: 0-3 months Period: 1 November 2015 – 31 January 2016 Stakeholder engagement to be jointly managed between the Department of Home Affairs and the Department of Tourism. The objective is to ensure broader consultation within the tourism and travel industry. ObjectiveOutcomeStatus 8Convene Stakeholder EngagementsStakeholder Engagement undertaken with key sectors aligned to the IMC outcomes for the review of the Immigration Regulations. In Progress Stakeholders Engaged Engagement of key industry stakeholders on the Immigration Regulations conducted on 10 December OBJECTIVE 8 – External Stakeholders Engaged Stakeholders Engaged Further consultations with key sectors to be undertaken 2 Work in Progress ….. 31 January 2016

18 THANK YOU