Main Article - Aug, 2006
SECURITY CLEARANCE FOR VISITS OF FOREIGN NATIONALS
Ch. Srinivasa Rao
Under Secretary, Council of Scientific & Industrial Research, New Delhi
Introduction
With the advent of economic liberalization and globalization, the sensitive segments of our industrial and technological institutions in India are receiving much greater attention worldwide for both strategic and commercial consideration. The Government of India (GoI) is concerned over the possible security implications of non-adherence to the instructions of the Ministry of External Affairs (MEA), GoI on security clearance of foreigners visiting for various purposes. Any laxity may jeopardize the interest of the country. These instructions emphasize the need for taking suitable precautions during the visit of foreigners to vital installations.
The salient features are explained hereunder:
International Conferences
Official programmes: Proposals for holding International Conferences organised or sponsored by the various Ministries/Departments or their subsidiary bodies of Govt. of India are required to be sent to the Ministry of Home Affairs (MHA), GoI. Such proposals should invariably furnish the names of the participating countries, particulars of the individual participants as detailed hereunder at least 6 weeks before the event:
i) Full name
ii) Date of birth
iii) Parentage
iv) Present address
v) Permanent address
vi) Passport Number, date and place of issue, period of validity
vii) Occupation
viii) Whether previously visited India; if so, date and place of previous visit, etc.
Non-Official programmes: In case, programmes are sponsored by non-official bodies, the nodal Ministries have to ensure that the proposals are sent to the MHA with the following details at least 8 weeks in advance:
i) Name, title and purpose of the conference
ii) Name of the sponsoring organization
iii) Proposed dates and venue
iv) Names of participating countries
v) Details of conference held previously
vi) Personal particulars of visitors including the details passport, etc.
No such reference is required to be made, if United Nations or its specialized agencies are involved in the proposed activities.
At least six months prior reference to the Ministry is required by the Indian Missions abroad while accepting or inviting trainees from Peoples Republic of China, Formosa (Taiwan), Pakistan, Bangladesh and South Africans of European origin, as it may take six to eight weeks for grant of visas.
Visit to CSIR Labs./Instts.
Bilateral and Multilateral Exchange Programmes entail mobilization of Scientists, Technologists the world over. Inviting foreign Scientists to India with a view to partake in R&D and industrial activities of mutual interest is gaining momentum. In case of visits of foreign Scientists & Technologists duly processed by Govt. Departments, non-CSIR organizations like ICAR, ICMR, the Directors of CSIR Labs./Instts. are free to extend invitations to such foreign visitors to visit their respective Labs./Instts. If they are to be exclusively invited under programmes of individual CSIR Labs./Instts., it is essential to seek approval of CSIR.
Cases which do not require prior reference
Prior reference to the MHA for security clearance is not required in the following cases, provided the foreigners are visiting India for a period not exceeding 90 days.
i) Experts/Consultants of United Nations, UNDP, FAO, etc.;
ii) Foreign trainees sponsored by UN and its specialized agencies;
iii) Experts in various fields visiting India in pursuance of bilateral agreements between the Govt. of India and the foreign Government concerned;
iv) Scientists and specialists in different fields visiting India for meetings/ discussions or study on any proposed joint-project or for rendering technical assistance in programmes which are in formative stages;
v) Officials and Office Bearers of International Olympic Association, etc. who are responsible for holding major sports events around the world; and
vi) Businessmen of repute, Executives or well-established firms or top level Engineers or Technical Experts visiting India in connection with projects of national importance.
Visits exceeding 90 days: No security clearance is required in respect of the foreign Experts visiting India in pursuance of various Defence contracts for special assistance approved by the Ministry of Defence even if the visit is for a period of more than 90 days. However, the Ministry of Defence may inform the Intelligence Bureau well in advance about such visits. Similarly, in cases of visits of even more than 90 days undertaken in pursuance of a collaboration agreement between the foreign country and Indian firm do not require security clearance, provided the agreement has been duly approved by the GoI.
Students/Trainees: No prior reference for security clearance is required in respect of students or trainees, provided such persons who are accepted for in medical or technical institutions, even for more than 90 days, produce the proof of admission.
In respect of nationals of Nepal and Bhutan no security clearance is required.
Visits to vital installations
Training/Employment: In case the foreigners are visiting India for training or employment in any of the vital undertakings, they may be allowed to undergo training or get employed; but a reference for security clearance has to be made and obtained from the MHA. If a foreigner who has been cleared from security angle for undergoing training at a vital installation under one Ministry is required to visit any other installation under the same Ministry as a part of training course, no further clearance is required to be obtained.
Assignments to foreigners: If a foreigner is being considered for assignments, the concerned Ministry should make a reference to the MHA for security clearance as soon as particulars are received by the nodal Ministry. A final decision with regard to his suitability can be taken by the nodal Ministry once the security clearance is accorded.
Casual visits: In the case of foreigners desiring to visit vital installations for the purpose of sight-seeing, no prior reference is required to be made. The Security Agency of the concerned installations can itself permit such visits, provided:
i) The visit is confined to non-strategic areas in the installation which should be clearly demarcated in advance; and at the same time the visitors should not have any close view of vital installations;
ii) The Security Officer/Asst. Security Officer concerned accompanies the visiting group; and
iii) No photography of vital installations is permissible, if it is:
a) a ‘prohibited place’ under the Official Secret Act, or;
b) a ‘protected place or area’ under the Defence of India Act and Rules; or
c) has a special enactment for itself in which photography is prohibited;
Further, the details of the visit/visitors, places visited, time taken, etc. are to be recorded and forwarded to the Intelligence Bureau subsequently
Restricted/Protected Area
Permission is necessary for visits of all foreigners including nationals of Commonwealth countries to the protected and restricted areas, including the following areas:
i) The whole of Assam, Meghalaya and Tripura;
ii) Darjeeling, Cooch Behar, Jalpaiguri, Malda and West Dinajpur of West Bengal;
iii) Andaman & Nicobar Islands;
iv) Whole of Punjab;
v) Border areas in Jammu & Kashmir, Himachal Pradesh, and Uttar Pradesh; and
vi) The whole of Arunachal Pradesh, Mizoram, Manipur, Sikkim and Nagaland.
A prior reference and special permit of the Govt. of India is necessary for visiting Lakshadweep.
Restricted Area Permit is necessary in respect of foreigners visiting Darjeeling and adjoining places of tourist interest for sight-seeing can be granted by the Foreign Residents Registration Offices at Delhi, Bombay, Chennai & Kolkata; and also by the Home Department of Govt. of West Bengal for a period not exceeding 15 days.
Participation in tournaments
Whenever sports team from abroad visit India for participation in tournaments or sports events, the Ministry of Sports & Youth Affairs has to send a reference to the MHA for security clearance. No individualwise clearance in respect of participants of a team is required. However, the individual participants have to approach the Indian Missions abroad for grant of visas. The same is the case in respect of Officials of various International and National Sports Bodies of foreign countries.
Prominent artists
The same procedure is required to be followed for clearance of groups of artists, musicians for giving performances in India. The Ministries concerned should make a reference to the MHA for clearance.
References
1. GOI MHA O.M. No.25022/58/61/86/F.I dt. 26-5-1986
2. GOI MHA Circular No.25022/58/90-F.I dt. 29-5-1990
3. GOI MHA O.M.No.25022/307/94-F.I dt. 27-10-1994
4. CSIR Lr.No.26/ISTAD(R)/2000 dt. 2-7-2000
Ch. Srinivasa Rao
Under Secretary, Council of Scientific & Industrial Research, New Delhi
Introduction
With the advent of economic liberalization and globalization, the sensitive segments of our industrial and technological institutions in India are receiving much greater attention worldwide for both strategic and commercial consideration. The Government of India (GoI) is concerned over the possible security implications of non-adherence to the instructions of the Ministry of External Affairs (MEA), GoI on security clearance of foreigners visiting for various purposes. Any laxity may jeopardize the interest of the country. These instructions emphasize the need for taking suitable precautions during the visit of foreigners to vital installations.
The salient features are explained hereunder:
International Conferences
Official programmes: Proposals for holding International Conferences organised or sponsored by the various Ministries/Departments or their subsidiary bodies of Govt. of India are required to be sent to the Ministry of Home Affairs (MHA), GoI. Such proposals should invariably furnish the names of the participating countries, particulars of the individual participants as detailed hereunder at least 6 weeks before the event:
i) Full name
ii) Date of birth
iii) Parentage
iv) Present address
v) Permanent address
vi) Passport Number, date and place of issue, period of validity
vii) Occupation
viii) Whether previously visited India; if so, date and place of previous visit, etc.
Non-Official programmes: In case, programmes are sponsored by non-official bodies, the nodal Ministries have to ensure that the proposals are sent to the MHA with the following details at least 8 weeks in advance:
i) Name, title and purpose of the conference
ii) Name of the sponsoring organization
iii) Proposed dates and venue
iv) Names of participating countries
v) Details of conference held previously
vi) Personal particulars of visitors including the details passport, etc.
No such reference is required to be made, if United Nations or its specialized agencies are involved in the proposed activities.
At least six months prior reference to the Ministry is required by the Indian Missions abroad while accepting or inviting trainees from Peoples Republic of China, Formosa (Taiwan), Pakistan, Bangladesh and South Africans of European origin, as it may take six to eight weeks for grant of visas.
Visit to CSIR Labs./Instts.
Bilateral and Multilateral Exchange Programmes entail mobilization of Scientists, Technologists the world over. Inviting foreign Scientists to India with a view to partake in R&D and industrial activities of mutual interest is gaining momentum. In case of visits of foreign Scientists & Technologists duly processed by Govt. Departments, non-CSIR organizations like ICAR, ICMR, the Directors of CSIR Labs./Instts. are free to extend invitations to such foreign visitors to visit their respective Labs./Instts. If they are to be exclusively invited under programmes of individual CSIR Labs./Instts., it is essential to seek approval of CSIR.
Cases which do not require prior reference
Prior reference to the MHA for security clearance is not required in the following cases, provided the foreigners are visiting India for a period not exceeding 90 days.
i) Experts/Consultants of United Nations, UNDP, FAO, etc.;
ii) Foreign trainees sponsored by UN and its specialized agencies;
iii) Experts in various fields visiting India in pursuance of bilateral agreements between the Govt. of India and the foreign Government concerned;
iv) Scientists and specialists in different fields visiting India for meetings/ discussions or study on any proposed joint-project or for rendering technical assistance in programmes which are in formative stages;
v) Officials and Office Bearers of International Olympic Association, etc. who are responsible for holding major sports events around the world; and
vi) Businessmen of repute, Executives or well-established firms or top level Engineers or Technical Experts visiting India in connection with projects of national importance.
Visits exceeding 90 days: No security clearance is required in respect of the foreign Experts visiting India in pursuance of various Defence contracts for special assistance approved by the Ministry of Defence even if the visit is for a period of more than 90 days. However, the Ministry of Defence may inform the Intelligence Bureau well in advance about such visits. Similarly, in cases of visits of even more than 90 days undertaken in pursuance of a collaboration agreement between the foreign country and Indian firm do not require security clearance, provided the agreement has been duly approved by the GoI.
Students/Trainees: No prior reference for security clearance is required in respect of students or trainees, provided such persons who are accepted for in medical or technical institutions, even for more than 90 days, produce the proof of admission.
In respect of nationals of Nepal and Bhutan no security clearance is required.
Visits to vital installations
Training/Employment: In case the foreigners are visiting India for training or employment in any of the vital undertakings, they may be allowed to undergo training or get employed; but a reference for security clearance has to be made and obtained from the MHA. If a foreigner who has been cleared from security angle for undergoing training at a vital installation under one Ministry is required to visit any other installation under the same Ministry as a part of training course, no further clearance is required to be obtained.
Assignments to foreigners: If a foreigner is being considered for assignments, the concerned Ministry should make a reference to the MHA for security clearance as soon as particulars are received by the nodal Ministry. A final decision with regard to his suitability can be taken by the nodal Ministry once the security clearance is accorded.
Casual visits: In the case of foreigners desiring to visit vital installations for the purpose of sight-seeing, no prior reference is required to be made. The Security Agency of the concerned installations can itself permit such visits, provided:
i) The visit is confined to non-strategic areas in the installation which should be clearly demarcated in advance; and at the same time the visitors should not have any close view of vital installations;
ii) The Security Officer/Asst. Security Officer concerned accompanies the visiting group; and
iii) No photography of vital installations is permissible, if it is:
a) a ‘prohibited place’ under the Official Secret Act, or;
b) a ‘protected place or area’ under the Defence of India Act and Rules; or
c) has a special enactment for itself in which photography is prohibited;
Further, the details of the visit/visitors, places visited, time taken, etc. are to be recorded and forwarded to the Intelligence Bureau subsequently
Restricted/Protected Area
Permission is necessary for visits of all foreigners including nationals of Commonwealth countries to the protected and restricted areas, including the following areas:
i) The whole of Assam, Meghalaya and Tripura;
ii) Darjeeling, Cooch Behar, Jalpaiguri, Malda and West Dinajpur of West Bengal;
iii) Andaman & Nicobar Islands;
iv) Whole of Punjab;
v) Border areas in Jammu & Kashmir, Himachal Pradesh, and Uttar Pradesh; and
vi) The whole of Arunachal Pradesh, Mizoram, Manipur, Sikkim and Nagaland.
A prior reference and special permit of the Govt. of India is necessary for visiting Lakshadweep.
Restricted Area Permit is necessary in respect of foreigners visiting Darjeeling and adjoining places of tourist interest for sight-seeing can be granted by the Foreign Residents Registration Offices at Delhi, Bombay, Chennai & Kolkata; and also by the Home Department of Govt. of West Bengal for a period not exceeding 15 days.
Participation in tournaments
Whenever sports team from abroad visit India for participation in tournaments or sports events, the Ministry of Sports & Youth Affairs has to send a reference to the MHA for security clearance. No individualwise clearance in respect of participants of a team is required. However, the individual participants have to approach the Indian Missions abroad for grant of visas. The same is the case in respect of Officials of various International and National Sports Bodies of foreign countries.
Prominent artists
The same procedure is required to be followed for clearance of groups of artists, musicians for giving performances in India. The Ministries concerned should make a reference to the MHA for clearance.
References
1. GOI MHA O.M. No.25022/58/61/86/F.I dt. 26-5-1986
2. GOI MHA Circular No.25022/58/90-F.I dt. 29-5-1990
3. GOI MHA O.M.No.25022/307/94-F.I dt. 27-10-1994
4. CSIR Lr.No.26/ISTAD(R)/2000 dt. 2-7-2000
