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List of E-1 and E-2 Treaty Countries (9 FAM §41.51, Exhibit I)


(CT:VISA-791; 01/23/2006)

Treaties marked with one asterisk (*) contain only treaty trader provisions and allow only E-1 issuance, not E-2. Treaties marked with two asterisks (**) contain only treaty investor provisions and allow only E-2 issuance, not E-1. Treaties listed as "Treaty Concerning the Reciprocal Encouragement and Protection of Investments" are more commonly known as Bilateral Investment Treaties. These treaties cover only E-2 investor status.

ALBANIA**

Bilateral Investment Treaty entered into force January 4, 1998.

ARGENTINA

Treaty of friendship, commerce, and navigation. (Article II) Entered into force December 20, 1854. 10 Stat. 1005; TS 4; 5 Bevans 61. Bilateral investment treaty, Entered into force October 20, 1994, S. Treaty doc. 103-2, 103d Cong., 1st sess. 1994.

ARMENIA**

Treaty of reciprocal encouragement and protection of investments. (Article II) Entered into force March 29, 1996 S. Treaty doc. 103-11, 103rd Cong., 1st Session (1993).

AUSTRALIA

Sec. 204 of the Immigration Act of 1990 (Pub. L. 101-649) authorized the issuance of E-1 and E-2 visas to citizens of Australia if the Department determined that Australia provides reciprocity for those visa categories. Authorization from the Department was granted for E-1 on December 16, 1991; E-2 on December 27, 1991.

AUSTRIA

Treaty of friendship, commerce, and consular rights. (Article I) Entered into force May 27, 1931. 47 Stat. 1876; TS 838; 5 Bevans 341; 118 LNTS 241.

AZERBAIJAN**

Bilateral Investment Treaty signed on August 1, 1997. Entered into force on August 2, 2001.

BAHRAIN**

Bilateral Investment Treaty signed on September 29, 1999. Entred into force on May 31, 2001.

BANGLADESH**

Treaty concerning the reciprocal encouragement and protection of investments. (Article II) Entered into force July 25, 1989. S. Treaty Doc. No. 23, 99th Cong., 2d Sess. (1986).

BELGIUM

Treaty of friendship, establishment and navigation. (Article II) Entered into force October 3, 1963. (Treaty of 1875 in force prior to this date.) 14 UST 1284; TIAS 5432; 480 UNTS 149.

BOLIVIA

Treaty of peace, friendship, commerce, and navigation. (Article III) Entered into force November 9, 1862. 12 Stat. 1003; TS 32; 5 Bevans 721.

Bilateral Investment Treaty signed on April 17, 1998. Entered into force June 06, 2001.

BOSNIA AND HERZEGOVINA11

Treaty of commerce. (Article I) Entered into force November 15, 1882. 22 Stat. 963; TS 319; 12 Bevans 1227.

BRUNEI*

Treaty of peace, friendship, commerce, and navigation. (Article II). Entered into force July 11, 1853. 10 Stat. 909; TS 33; 5 Bevans 1080.

BULGARIA**

Treaty concerning the encouragement and reciprocal protection of investment. (Article II) Entered into force June 2, 1994. S. Treaty Doc. No. 3, 103d Cong., 1st Sess. (1993).

CAMEROON**

Treaty concerning the reciprocal encouragement and protection of investments. (Article II) Entered into force April 6, 1989. S. Treaty Doc. No. 22, 99th Cong., 2d Sess. (1986).

CANADA

U.S.-Canada Free Trade Agreement; Chapter 15, implemented by sec. 307(a) of Pub. L. 100-449, effective January 1, 1989; 102 Stat. 1851; Pub. L. 100-449, Repealed January 1, 1994.

North American Free Trade Agreement, Chapter 16; implemented by secs. 341 and 342 of Pub. L. 103-102; effective January 1, 1994; 107 Stat. 2116 and 2118.

CHILE

United States-Chile Free Trade Agreement Implementation Act, Pub. L. 108-77; Effective January 1, 2004.

CHINA (Taiwan only)1

Treaty of friendship, commerce, and navigation. (Article II) Entered into force November 30, 1948. 63 Stat. 1299; TIAS 1871; 6 Bevans 761; 25 UNTS 69.

COLOMBIA

Treaty of peace, amity, navigation and commerce. (Article III) Entered into force June 10, 1848. 9 Stat. 881; TS 54; 6 Bevans 868.

CONGO, REPUBLIC OF THE (BRAZZAVILLE)**

Bilateral Investment Treaty. (Article II). Entered into force August 13, 1994 S. Treaty Doc. 102-1, 102d Cong., 1st Sess. (1991).

CONGO, DEMOCRATIC REPUBLIC OF THE (KINSHASA) [Formerly known as "Zaire"]**

Bilateral investment treaty. (Article II). Entered into force July 28, 1989. S. Treaty Doc. No. 17, 99th Cong., 2d. Sess. (1986).

COSTA RICA

Treaty of friendship, commerce, and navigation. (Article II) Entered into force May 26, 1852. 10 Stat. 916; TS 62; 6 Bevans 1013.

CROATIA11

Treaty of commerce. (Article I) Entered into force November 15, 1882. 22 Stat. 963; TS 319; 12 Bevans 1227.

CZECH REPUBLIC2**

Treaty concerning the reciprocal encouragement and protection of investments. Bilateral Investment treaty. (Article II) Entered into force January 1, 1993. S. Treaty Doc. No. 31, 102d Cong., 2d Sess. (1992).

DENMARK3

Treaty of friendship, commerce, and navigation. (Article II) Entered into force July 30, 1961. (Convention of 1826 was in force prior to this date.) 12 UST 908; TIAS 4797; 421 UNTS 105. Denmark also entered into an E-2 treaty with the United States, which became effective on December 10, 2008.

EQUADOR**

Bilateral Investment Treaty entered into force May 11, 1997.

EGYPT**

Treaty concerning the reciprocal encouragement and protection of investments. Bilateral investment treaty. (Article II) Entered into force June 27, 1992 S. Treaty Doc. No. 24, 99th Cong., 2d Sess. (1986).

ESTONIA

Treaty of friendship, commerce, and consular rights. (Article I) Entered into force May 22, 1926. 44 Stat. 2379; TS 736; 7 Bevans 620; 50 LNTS 13. Bilateral Investment Treaty entered into force February 16, 1997.

ETHIOPIA

Treaty of amity and economic relations. (Article VI) Entered into force October 8, 1953. 4 UST 2134; TIAS 2864; 206 UNTS 41.

FINLAND

Treaty of friendship, commerce, and consular rights. (Article I) Entered into force August 10, 1934. (E-1) 49 Stat. 2659; TS 868; 7 Bevans 718; 152 LNTS 45.

Protocol of amendment. (Article I) Entered into force December 1, 1992 (E-2) S. Treaty Doc. No. 34, 102d Cong., 2d Sess. (1992).

FRANCE4

Convention of establishment. (Article II) Entered into force December 21, 1960. 11 UST 2398; TIAS 4625; 401 UNTS 75.

GEORGIA**

Bilateral Investment Treaty entered into force August 17, 1997.

GERMANY (FRG)

Treaty of friendship, commerce, and navigation. (Article II and Protocol, paragraphs 1 and 2). Entered into force July 14, 1956. 7 UST 1839; TIAS 3593; 273 UNTS 3.

GREECE*

Treaty of friendship, commerce, and navigation. (Article II) Entered into force October 13, 1954. 5 UST 1829; TIAS 3057; 224 UNTS 279.

GRENADA**

Treaty concerning the reciprocal encouragement and protection of investments. Bilateral investment treaty. (Article II) Entered into force March 3, 1989. S. Treaty Doc. No. 25, 99th Cong., 2d Sess. (1986).

HONDURAS

Treaty of friendship, commerce, and consular rights. (Article I) Entered into force July 19, 1928 (E-1/E-2). 45 Stat. 2618; TS 764; 8 Bevans 905; 87 LNTS 421. Subsequent Bilateral Investment Treaty signed on July 1, 1995. Entered into force on July 11, 2001.

IRAN

Treaty of amity, economic relations and consular rights (Article II) Entered into force June 16, 1957. 8 UST 899; TIAS 3853; 284 UNTS 93.

IRELAND

Treaty of friendship, commerce and navigation. (Article I) Entered into force September 14, 1950. (E-1) 1 UST 785; TIAS 2155; 206 UNTS 269.

Protocol of amendment. (Article I) Entered into force November 18, 1992. (E-2) S. Treaty Doc. No. 35, 102d Cong., 2d Sess. (1992).

ISRAEL*

Treaty of friendship, commerce, and navigation. (Article II). Entered into force April 3, 1954. 5 UST 550; TIAS 2948; 219 UNTS 237.

ITALY

Treaty of friendship, commerce and navigation. (Article I and Article XXIV, paragraph 7) Entered into force July 26, 1949. 63 Stat. 2255; TIAS 1965; 9 Bevans 261; 79 UNTS 171.

JAMAICA**

Bilateral Investment Treaty entered into force March 7, 1997.

JAPAN5

Treaty of friendship, commerce, and navigation. (Article I) Entered into force October 30, 1953. 4 UST 2063; TIAS 2863; 206 UNTS 143.

JORDAN

Treaty effective December 17, 2001.

KAZAKHSTAN**

Treaty concerning the reciprocal encouragement and protection of investment. (Article II). Entered into force January 12, 1994. S. Treaty Doc. No. 12, 103d Cong., 1st Sess. (1993).

KOREA

Treaty of friendship, commerce and navigation. (Article II) Entered into force November 7, 1957. 8 UST 2217; TIAS 3947; 302 UNTS 281.

KYRGYZSTAN**

Treaty concerning the encouragement and reciprocal protection of investment. (Article II). Entered into force January 12, 1994. S. Treaty Doc. No. 13, 103d Cong., 1st Sess. (1993).

LATVIA

Treaty of friendship, commerce, and consular rights. (Article I) Entered into force July 25, 1928. 45 Stat. 2641; TS 765; 9 Bevans 531; 80 LNTS 35. BIT entered into force December 26, 1996.

LIBERIA

Treaty of friendship, commerce and navigation. (Article I) Entered into force November 21, 1939. 54 Stat. 1739; TS 956; 9 Bevans 595; 201 LNTS 163.

LITHUANIA**

BIT signed on January 14, 1998. Entered into force on November 22, 2001.

LUXEMBOURG

Treaty of friendship, establishment and navigation. (Article II) Entered into force March 28, 1963. 14 UST 251; TIAS 5306; 474 UNTS 3.

MACEDONIA, THE FORMER YUGOSLAV REPUBLIC OF (FRY)11

Treaty of commerce. (Article I) Entered into force November 15, 1882. 22 Stat. 963; TS 319; 12 Bevans 1227.

MEXICO

North American Free Trade Agreement, Chapter 16; implemented by secs. 341 and 342 of Pub. L. 103-102, effective January 1, 1994; 107 Stat. 2116 and 2118.

MOLDOVA**

Treaty concerning the encouragement and reciprocal protection of investment. Bilateral investment treaty. (Article II). Entered into force Nov. 25, 1994. S. Treaty Doc. 103-14; 103rd Cong., 1st sess.

MONGOLIA**

Bilateral Investment Treaty entered into force January 1, 1997.

MONTENEGRO11

Treaty of commerce. (Article I) Entered into force November 15, 1882. 22 Stat. 963; TS 319; 12 Bevans 1227.

MOROCCO**

Treaty concerning the reciprocal encouragement and protection of investments. Bilateral investment treaty. (Article II) Entered into force May 29, 1991. S. Treaty Doc. No. 18, 99th Cong., 2d Sess. (1986).

NETHERLANDS6

Treaty of friendship, commerce and navigation. (Article II) Entered into force December 5, 1957. 8 UST 2043; TIAS 3942; 285 UNTS 231.

NORWAY7

Treaty of commerce and navigation. (Article I) Entered into force January 18, 1828. 8 Stat. 346; TS 348; 11 Bevans 876. Treaty of friendship, commerce, and consular rights, etc. Entered into force September 13, 1932. 47 Stat. 2135; TS 852; 10 Bevans 481; 134 LNTS 81. The Treaty which entered into force on September 13, 1932 does not apply to Svalbard (Spitzbergen and certain lesser islands).

OMAN

Treaty of amity, economic relations and consular rights. (Article II) Entered into force June 11, 1960. 11 UST 1835; TIAS 4530; 380 UNTS 181.

PAKISTAN

Treaty of friendship and commerce. (Article II and Protocol, paragraph 1) Entered into force February 12, 1961. 12 UST 110; TIAS 4683; 404 UNTS 259.

PANAMA**

Treaty concerning the reciprocal encouragement and protection of investments*. (Article III) Entered into force May 30, 1991. S. Treaty Doc. No. 14, 99th Cong., 2d Sess. (1986).

PARAGUAY

Treaty of friendship, commerce, and navigation. (Article II) Entered into force March 7, 1860. 12 Stat. 1091; TS 272; 10 Bevans 888.

PHILIPPINES

On September 6, 1955, pursuant to Article V of the revised Trade Agreement between the United States and the Republic of the Philippines, notes were exchanged between the two Governments implementing the provisions of the Act of June 18, 1954 which renders Philippine nationals eligible for nonimmigrant classification as treaty traders and treaty investors under the provisions of INA 101(a)(15)(E) although there is no commercial treaty in force between the two countries. Entered into force September 6, 1955. 6 UST 3030; TIA S 3349; 238 UNTS 109.

POLAND

Treaty concerning business and economic relations. (Article II). Entered into force August 6, 1994. S. Treaty Doc. No. 18, 101st Cong., 2nd Sess. (1990). The current treaty list that appears at 9 FAM §41.51 Exhibit I incorrectly states that the treaty with Poland gives rise only to E-2 eligibility.

ROMANIA**

Treaty concerning the reciprocal encouragement and protection of investment. (Article II) Entered into force January 15, 1994. S. Treaty Doc. No. 36, 102d Cong., 2d Sess. (1992).

SENEGAL**

Treaty concerning the reciprocal encouragement and protection of investments. Bilateral investment treaty. (Article II) Entered into force October 25, 1990. S. Treaty Doc. No. 15, 99th Cong., 2d Sess. (1986).

SERBIA11

Treaty of commerce. (Article I) Entered into force November 15, 1882. 22 Stat. 963; TS 319; 12 Bevans 1227.

SINGAPORE

United States-Singapore Free Trade Agreement Implementation Act, Pub. L. 108-78; Effective January 1, 2004.

SLOVAK REPUBLIC2**

Treaty concerning the reciprocal encouragement and protection of investments. Bilateral investment treaty. (Article II) Entered into force January 1, 1993. S. Treaty Doc. No. 31, 102nd Cong., 2d Sess. (1992). The Treaty with the Czech and Slovak Federal Republics entered into force on December 19, 1992; entered into force for the Czech Republic and Slovak Republic as separate states on January 1, 1993.

SLOVENIA11

Treaty of commerce. (Article I) Entered into force November 15, 1882. 22 Stat. 963; TS 319; 12 Bevans 1227.

SPAIN8

Treaty of friendship and general relations. (Article II) Entered into force April 14, 1903. 33 Stat. 2105; TS 422; 11 Bevans 628.

SRI LANKA**

Treaty concerning the reciprocal encouragement and protection of investments. (Article II). Bilateral investment treaty. Entered into force May 1, 1993. S. Treaty Doc. No. 25, 102d Cong., 2d Sess. (1992).

SURINAME9

Treaty of friendship, commerce and navigation. (Article II) Entered into force December 5, 1957. 8 UST 2043; TIAS 3942; 285 UNTS 231.

SWEDEN

Sec. 204 of the Immigration Act of 1990 (Pub. L. 101-649) authorized the issuance of E-1 and E-2 visas to citizens of Sweden if the Department of State determined that Sweden provides reciprocity for those visa categories. Authorization from the Department of State was granted February 20, 1992.

SWITZERLAND

Convention of friendship, commerce, and extradition. (Article I) Entered into force November 8, 1855. 11 Stat. 587; TS 353; 11 Bevans 894.

THAILAND

Treaty of amity and economic relations. (Article I) Entered into force June 8, 1968. 19 UST 5843; TIAS 6540; 652 UNTS 253.

TOGO

Treaty of amity and economic relations. (Article I) Entered into force February 5, 1967. 18 UST 1; TIAS 6193; 680 UNTS 159.

TRINIDAD & TOBAGO**

Bilateral Investment Treaty entered into force December 26, 1996.

TUNISIA**

Treaty concerning the reciprocal encouragement and protection of investments. Bilateral Investment treaty. (Article II) Entered into force February 7, 1993. S. Treaty Doc. No. 6, 102d Cong., 2d Sess. (1992).

TURKEY

Treaty concerning the reciprocal encouragement and protection of investments. (Article II). Treaty of establishment and sojourn. (Article I) Entered into force February 15, 1933 (E-1). 47 Stat. 2432; TS 859; 11 Bevans 1127; 138 LNTS 345. Entered into force May 18, 1990 (E-2). S. Treaty Doc. No. 19, 99th Cong., 2d Sess. (1986).

UKRAINE**

Bilateral Investment Treaty entered into force November 16, 1996.

UNITED KINGDOM10

Convention to regulate commerce. (Article I). Entered into force July 3, 1815. 8 Stat. 228; TS 110; 12 Bevans 49.

YUGOSLAVIA11

Treaty of commerce. (Article I) Entered into force November 15, 1882. 22 Stat. 963; TS 319; 12 Bevans 1227.

  1. CHINA (TAIWAN) - Pursuant to Section 6 of the Taiwan Relations Act, ("TRA") Public Law 96-8, 93 Stat, 14, and Executive Order 12143, 44 F.R. 37191, this agreement which was concluded with the Taiwan authorities prior to January 01, 1979, is administered on a nongovernmental basis by the American Institute in Taiwan, a nonprofit District of Columbia corporation, and constitutes neither recognition of the Taiwan authorities nor the continuation of any official relationship with Taiwan.
  2. CZECH REPUBLIC AND SLOVAK REPUBLIC - The Treaty with the Czech and Slovak Federal Republic entered into force on December 19, 1992; entered into force for the Czech Republic and Slovak Republic as separate states on January 01, 1993.
  3. DENMARK - The Convention of 1826 does not apply to the Faroe Islands of Greenland. The Treaty, which entered into force on July 30, 1961, does not apply to Greenland.
  4. FRANCE - The Treaty, which entered into force on December 21, 1960, applies to the departments of Martinique, Guadeloupe, French Guiana and Reunion.
  5. JAPAN - The Treaty, which entered into force on October 30, 1953, was made applicable to the Bonin Islands on June 26, 1968, and to the Ryukyu Islands on May 15, 1972.
  6. NETHERLANDS - The Treaty, which entered into force on December 05, 1957, is applicable to Aruba and Netherlands Antilles.
  7. NORWAY - The Treaty, which entered into force on September 13, 1932, does not apply to Svalbard (Spitzbergen and certain lesser islands).
  8. SPAIN - The Treaty, which entered into force on April 14, 1903, is applicable to all territories.
  9. SURINAME - The Treaty with the Netherlands, which entered into force December 05, 1957, was made applicable to Suriname on February 10, 1963.
  10. UNITED KINGDOM - The Convention which entered into force on July 03, 1815, applies only to British territory in Europe (the British Isles except the Republic of Ireland), the Channel Islands and Gibraltar) and to "inhabitants" of such territory. This term, as used in the Convention, means "one who resides actually and permanently in a given place, and has his domicile there." Also, in order to qualify for treaty trader or treaty investor status under this treaty, the alien must be a national of the United Kingdom. Individuals having the nationality of members of the Commonwealth other than the United Kingdom do not qualify for treaty trader or treaty investor status under this treaty.
  11. YUGOSLAVIA - The U.S. view is that the Socialist Federal Republic of Yugoslavia ("SFRY") has dissolved and that the successors that formerly made up the SFRY - Bosnia and Herzegovina, Croatia, the Former Yugoslav Republic of Macedonia, Slovenia, Serbia and Montenegro (Serbia and Montenegro were formerly known as the Federal Republic of Yugoslavia) continue to be bound by the treaty in force with the SFRY and the time of dissolution.

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