PART 525—ENTRY AUTHORIZATION REGULATION FOR KWAJALEIN MISSILE RANGE Authority: 44 U.S.C. 1681, 50 U.S.C. 797, 18 U.S.C. 1001, and E.O. 11021. Source: 48 FR 34028, July 27, 1983, unless otherwise noted. § 525.1 General. (a) Purpose. (b) Scope. (2) The entry authorizations issued under this authority are limited to KMR and do not apply to entry to any other areas of the Marshall Islands. (3) In addition to the controls covered by this regulation movement within the Kwajalein Missile Range, the territorial sea thereof and airspace above, is subject to local control by the Commander, Kwajalein Missile Range, and as installation commander. (4) This regulation is not applicable to entry authorized by the President of the United States pursuant to the United Nations (U.N.) Charter and to Article 13 of the Trusteeship Agreement for the Former Japanese Mandated Islands. (c) Explanation of terms Department of Defense. (2) Entry Authorization. (3) National Range Commander. Address: National Range Commander, Kwajalein Missile Range, Ballistic Missile Defense Systems Command, ATTN: BDMSC-R, P.O. Box 1500, Huntsville, Alabama 35807. Electrical Address: CDRBMDSCOM HUNTSVILLE AL//BMDSC-R//. (4) Commander. KMR. Address: Commander, Kwajalein Missile Range, P.O. Box 26, APO San Francisco 96555. Electrical Address: CDRKMR MI //BMDSC-RK// (5) Excluded person. (6) Unauthorized person. (7) Aliens. (8) Permanent resident aliens. (9) Military installation. (10) Public ship or aircraft. (11) Kwajalein Missile Range. (12) Territorial waters. (13) Kwajalein Missile Range Airspace. (14) Trust Territory Republic of the Marshall Islands Registry. (15) U.S. Registry. (16) U.S. Armed Forces. (17) Principal. (18) Dependent. (ii) Unmarried child of principal less than 21 years of age. (iii) Sponsored individual meeting the dependency criteria of section 152, Internal Revenue Code (26 U.S.C. 152), and approved by the Commander, Kwajalein Missile Range. § 525.2 Background and authority. (a) Background. (2) The control of entry into or movement within KMR by persons, ships, or aircraft will be exercised so as to protect fully the physical security of, and insure the full effectiveness of, bases, stations, facilities, other installations, and individuals within KMR. However, unnecessary interference with the free movement of persons, ships, and aircraft is to be avoided. (3) This regulation will be administered to provide the prompt processing of all applications and to insure uniformity of interpretation and application insofar as changing conditions permit. (4) In cases of doubt, the determination will be made in favor of the course of action which will best serve the interests of the United States and national defense as distinguished from the private interests of an individual or group. (b) Authority. (2) The authority of the Department of the Army to control entry of persons, ships, and aircraft into Kwajalein Missile Range is exercised through the Commander, Ballistic Missile Defense Systems Command, who is the National Range Commander. (3) Penalties are provided by law for: (i) Violation of regulations imposed for the protection or security of military or naval aircraft, airports, air facilities, vessels, harbors, ports, piers, waterfront facilities, bases, forts, posts, laboratories, stations, vehicles, equipment, explosives, or other property or places subject to the jurisdiction of, administration of, or in the custody of the Department of Defense (sec. 21 of the Internal Security Act of 1950 (50 U.S.C. 797) and Department of Defense Directive 5200.8 of 29 July 1980. (ii) Knowingly and willfully making a false or misleading statement or representation in any matter within the jurisdiction of any department or agency of the United States (18 U.S.C. 1001). § 525.3 Criteria. (a) General. (2) Request for entry authorizations will be evaluated and adjudged as to whether the entry at the time and for the purpose stated will or will not be inimical to the purposes of U.S. national defense. (b) Aliens and permanent resident aliens. (2) Alien and immigrant spouses and dependents of U.S. citizen sponsors or principals assigned to Kwajalein Missile Range may be granted entry authorization by the National Range Commander so long as U.S. sponsor or principal remains on duty or resides within Kwajalein Missile Range. (c) Excluded persons. (d) Unauthorized persons. (e) Entrance to other areas of the Trust Territory. Address: Chief of Immigration, Office of the Attorney General, Republic of the Marshall Islands, Majuro, MI 96960. (f) Unauthorized marine vessels and aircraft. (g) Military areas. (h) Waivers. (i) Security clearances. § 525.4 Entry authorization (policy). (a) Personnel. (i) Personnel being assigned to Kwajalein Missile Range as permanent-party and traveling on official orders. (ii) Personnel being temporarily assigned to Kwajalein Missile Range and who are traveling on official orders. (iii) Dependents of permanent-party personnel who are accompanying (iv) Crew members on ships and aircraft authorized to enter Kwajalein Missile Range. (2) Persons in the following categories will submit request for entry authorization to the Commander, Kwajalein Missile Range, ATTN: BMDSC-RKE-S: (i) Dependents of KMR-based permanent-party personnel for the purpose of joining (ii) Citizens, nationals and permanent resident aliens of the Republic of the Marshall Islands except those who deplaned for the purpose of transiting Kwajalein Defense Site. (iii) Citizens of the Trust Territory of the Pacific Islands. (iv) U.S. citizen employees and officials of the Trust Territory of the Pacific Islands. (3) All other personnel, except news media representatives, will submit request for entry authorization to the National Range Commander, BMDSCOM, ATTN: BMDSC-R (electrical address: CDRBMDSCOM HUNTSVILLE AL //BMDSC-RA//). (4) All requests and notifications will include the following data (as applicable): (i) Full name(s). (ii) Citizenship. (iii) Organization. (iv) Purpose of entry. (v) Point of contact at Kwajalein Missile Range. (vi) Inclusive dates of stay. (vii) Return address. (viii) Proof of security clearance (if access to classified information is required). (5) News media representatives require authority from the National Range Commander to visit Kwajalein Missile Range (news media representatives wishing to transit Kwajalein Island to visit any island not within the Kwajalein Missile Range must obtain entry authorization from the Republic of the Marshall Islands and present same to the air carrier at the point of departure to Kwajalein Island). Requests should be addressed to the National Range Commander, BMDSCOM, ATTN: BMDSC-S (electrical address: CDRBMDSCOM HUNTSVILLE AL//BMDSC-S//) and contain the following information: (i) Name. (ii) Date and place of birth. (iii) Citizenship. (iv) Organization(s) represented. (v) Objective(s) of visit. (vi) Desired and alternative arrival and departure dates. (vii) Address(es) and telephone number(s) for additional information and/or reply. (b) Ship. (i) U.S. private ships which are: (A) Under charter to the Military Sealift Command, or (B) Employed exclusively in support of and in connection with a Department of Defense construction, maintenance, or repair contract. (ii) Trust Territory of the Pacific Islands/RMI ships which have been approved by the resident representative on Kwajalein. (iii) Any ship in distress. (iv) U.S. public ships which are providing a service to the Kwajalein Atoll in accordance with their agency responsibilities. (2) All other ships or marine vessels must obtain an entry authorization from the National Range Commander before entering the Kwajalein Atoll territorial sea. The entry authorization application should reach the National Range Commander at least 14 days prior to the desired entry date and should include the following information: (i) Name of ship. (ii) Place of registry and registry number. (iii) Name, nationality, and address of operator. (iv) Name, nationality, and address of owner. (v) Gross tonnage of ship. (vi) Nationality and numbers of officers and crew (include crew list when practicable). (vii) Number of passengers (include list when practicable). (viii) Last port of call prior to entry into area for which clearance is requested. (ix) Purpose of visit. (x) Proposed date of entry and estimated duration of stay. (xi) Whether ship is equipped with firearms or photographic equipment. (xii) Whether crew or passengers have in their possession firearms or cameras. (3) Entry authorizations may be granted for either single or multiple entries. (4) Captains of ships and/or marine vessels planning to enter Kwajalein Missile Range shall not knowingly permit excluded persons to board their vessels. (5) U.S. public ships which are authorized to enter defense areas by the controlling Defense Department agency may enter the Kwajalein Atoll territorial sea without the specific approval of either the National Range Commander or the Commander, KMR, provided that the Commander, KMR, is notified as far in advance of the impending entry as is consistent with the security requirements pertaining to such movement. (c) Aircraft. (i) U.S. private aircraft which are under charter to the Military Airlift Command. (ii) Public aircraft of the Trust Territory of the Pacific Islands/RMI which have been approved by the resident representative on Kwajalein. (iii) Private aircraft registered with and approved by the Commander, KMR, which are based on Kwajalein Island. (iv) Any aircraft in distress. (v) Private aircraft operated by a common carrier which is providing scheduled air service to or through the Kwajalein Atoll under a current license issued by the Department of the Army. (vi) U.S. public aircraft which are providing a service to the Kwajalein Atoll in accordance with their agency responsibilities. (2) All aircraft, except those categorized in paragraph 4-3.a., must obtain an entry authorization from the National Range Commander before entering Kwajalein Atoll airspace. The entry authorization application should reach the National Range Commander at least 14 days prior to the desired entry date and should include the following information: (i) Type and serial number of aircraft. (ii) Nationality and name of registered owner. (iii) Name and rank of senior pilot. (iv) Nationality and number of crew (include crew list when practicable). (v) Number of passengers (include list when practicable). (vi) Purpose of flight. (vii) Plan of flight route, including the point of origin of flight and its designation and estimated date and times of arrival and departure of airspace covered by this procedure. (viii) Radio call signs of aircraft and radio frequencies available. (ix) Whether aircraft is equipped with firearms or photographic equipment. (x) Whether crew or passengers have in their possession firearms or cameras. (3) Entry authorizations may be granted for either single or multiple entries. (4) Captains of aircraft planning to enter Kwajalein Missile Range airspace shall not knowingly permit excluded persons to board their aircraft. (5) U.S. public aircraft which are authorized to enter defense areas by the controlling Defense Department agency may enter the Kwajalein Atoll airspace with the specific approval of either the National Range Commander or the Commander, KMR, provided that the Commander, KMR, is notified as far in advance of the impending entry as is consistent with the security requirement pertaining to such movements. § 525.5 Entry authorization (procedure). (a) Processing. (i) Determine that the entry of the applicant is, or is not, in accordance with the criteria set forth in chapter 3. After having made a determination, the reviewing authority shall either: (A) Issue an entry authorization as requested, or with modifications as circumstances require; or (B) Deny the request and advise the applicant of his/her right to appeal in accordance with the provisions of paragraph 5-2. (ii) If the reviewing authority feels that additional information is required before reaching a decision, the reviewing authority will request that information from the applicant and then proceed as in paragraph 5-1.a.(1). (iii) If, after having obtained all pertinent information, the reviewing authority cannot reach a decision, he/she will forward the application to the next higher headquarters. A statement containing the following information shall accompany the application: (A) A summary of the investigation conducted by the reviewing organization. (B) The reason the application is being forwarded. (C) Appropriate comments and/or recommendations. (2) All applicants will be kept fully informed of actions/decisions pertaining to his/her application. Normally a response will be forwarded to the applicant within ten working days after receipt of an application. When the National Range Commander responds to an application, he/she will send a copy of that response to the Commander, KMR. When the Commander, Kwajalein Missile Range, responds to an application, and the National Range Commander has an interest in the visit, the Commander, KMR, will concurrently send a copy of that response to the National Range Commander. (3) Entry authorizations shall state the purpose for which the entry is authorized and such other information and conditions as are pertinent to the particular authorization. (b) Revocations. (2) When Commander, Kwajalein Missile Range revokes an entry authorization, he shall forward a copy of such revocation with supporting documentation to the National Range Commander. (c) Appeals. (2) Final appeal letters will be forwarded promptly by the National Range Commander to the BMD Program Manager with an indorsement setting forth in detail the facts and circumstances surrounding the action taken. (d) Renewals.