Justification of Non-substantive Change

Justification for Non-Substantive Change

1405-0211, Evacuee Manifest and Promissory Note

The Department of State performed further legal research regarding the statutes under which it may provide emergency evacuation services, on a reimbursable basis, to private citizens to ensure that the DS-5528 included all of the authorities under which it may provide this assistance.  During this process, the Department of State determined that the 22 U.S.C. 2357 is applicable and requests that the form be amended to include the additional citation.  The following is the excerpt under which the Department of State may provide emergency evacuation services to private citizens on a reimbursable basis in addition to those already on the form:

22 U.S.C. 2357 (a) Advance-of-funds or reimbursement basis

Whenever the President determines it to be consistent with and in furtherance of the purposes of subchapter I of this chapter and within the limitations of this chapter, any agency of the United States Government is authorized to furnish services and commodities on an advance-of-funds or reimbursement basis to friendly countries, international organizations, the American Red Cross, and voluntary nonprofit relief agencies registered with and approved by the Agency for International Development (including foreign voluntary nonprofit relief agencies so registered and approved when no United States voluntary nonprofit relief agency is available). [Emphasis added]

The addition of this particular citation does not in any way increase the time it would take for the applicant to complete the form, would have a negligible impact on the number of additional private citizens who may complete the DS-5528.  The request was simply an exercise in due diligence to ensure that the form lists all of the appropriate legal authorities which may apply to the extension of services to private citizens.