VZCZCXYZ0003
PP RUEHWEB

DE RUEHWD #0167/01 1351021
ZNR UUUUU ZZH
P 151021Z MAY 09
FM AMEMBASSY WINDHOEK
TO SECSTATE WASHDC PRIORITY 0510

UNCLAS WINDHOEK 000167 
 
SENSITIVE 
SIPDIS 
 
DEPARTMENT FOR AF/S, CA/VO and L/CA 
 
E.O. 12958: N/A 
TAGS: CMGT CVIS PREL WA
SUBJECT: NAMIBIA VISA RECIPROCITY SCHEDULE: IMMIGRATION POLICIES 
GIVE AMCITS HEADACHES 
 
- - - - - 
Summary 
- - - - - 
 
¶1.  Action requests - please see paras. 11 and 12. 
 
¶2. (SBU) Although American citizens generally clear Namibian 
immigration without incident, Americans traveling on business 
sometimes find themselves caught in the middle of unclear, 
contradictory Namibian immigration policies.  In two separate 
incidences recently, American contractors working on PEPFAR-related 
activities were stopped and initially denied entry at Windhoek's 
Hosea Kutako International airport for not having business visas, 
despite Namibian immigration rules that exempt Americans from such 
visas for travel of less than 90 days.    In both cases, the Embassy 
had to assist the Americans eventually clear immigration as there 
are no provisions to obtain any kind of visa at ports of entry. 
 
¶3. (SBU) Namibian immigration authorities do not consistently apply 
their own immigration rules.  Furthermore, the rules are often 
confusing with regard to business and work visas.  For example, 
Peace Corps Volunteers and most TDY contractors would require work 
permits if the Namibian government's (GRN) immigration policies were 
strictly enforced.  Post requests the Department to review Namibian 
visa requirements and procedures with the Embassy of Namibia with a 
view to clarifying their regulations, and if appropriate, 
negotiating a revised visa reciprocity schedule. Post would also 
appreciate any technical assistance the USG could provide to the 
Ministry of Home Affairs and Immigration to help refine its 
immigration policies and procedures.  The Ministry plans to begin a 
review of its structure, operational procedures, and regulations 
this month.    End Summary. 
 
- - - - - - - - - - - - - - 
Who is in Charge of Visas? 
- - - - - - - - - - - - - - 
 
¶4. (SBU) The Ministry of Home Affairs and Immigration (MHAI) is 
responsible for enforcing immigration laws in Namibia.  Under MHAI 
immigration guidelines, Americans are not required to obtain 
business or tourist visas when visiting Namibia for less than 90 
days.  The MHAI Permanent Secretary confirmed that Americans 
traveling to Namibia for less than 90 days do not need a business 
visa or tourist visa.  The Ministry of Foreign Affairs, via Namibian 
Embassies, is responsible for issuing visas.  The Namibian Ministry 
of Foreign Affairs' website (http://www.mfa.gov.na/consul1.htm) 
states, "Nationals from the countries listed below are not required 
to obtain Visas to travel to Namibia for visits shorter than three 
months . . ." The United States is included in the list of exempted 
countries. The website makes no reference to visa categories 
whatsoever. 
 
 
- - - - - - - - - - - - - - 
What Constitutes Business? 
- - - - - - - - - - - - - - 
 
¶5. (SBU) According to an MHAI Inter-Office Memorandum dated August 
22, 2006, a business visa is defined as:  ". . . the visa issued to 
people looking for prospects to set up formal businesses in Namibia, 
exploration for business opportunities, business people attending 
meetings at subsidiaries of their parent companies, official 
government visits, attending conferences, corporate events (not 
work) and meetings for which no remuneration is received, attending 
short training courses (not more than 90 days), sports events, 
expositions, and trade fairs." 
 
¶6.  (SBU) The memo goes on to explain what is excluded from business 
visa categorization.  These exclusions include:  "Traders and street 
vendors, voluntary workers, people hired and remunerated in their 
countries performing work in Namibia.  All persons falling under the 
above exclusions should apply for work and other relevant visas and 
permits . . ." 
 
- - - - - - - - - - - - 
What Constitutes Work? 
- - - - - - - - - - - - 
 
¶7. (SBU) The MHAI interprets its regulations to mean that travelers 
coming to Namibia for their work -- even if for a few days -- would 
require a temporary work permit, which can take months to obtain. 
The words "work" and "remuneration" are critical to the MHAI's very 
narrow interpretation of who should be issued a business visa. 
During a meeting with ConOff, Home Affairs' Deputy Director for 
Aliens Control, Citizen and Passport, Mr. Allison Hishekwa, stated 
that if a traveler mentions that s/he will "work" in Namibia or is 
coming to Namibia for his/her work, that immigration officials will 
interpret this as meaning the person intends to work in Namibia, 
thus requiring at least a temporary work permit.  Hishekwa stated 
that mentioning the word "work" will essentially raise red flags 
 
with their immigration officials.  He stressed that "remuneration" 
even by a traveler's home office based in the traveler's home 
country constitutes working in Namibia. 
 
¶8. (SBU) Using various scenarios, Hishekwa explained when a business 
or work permit is required.  For instance, a U.S. expert auditor for 
Deloitte and Touche, who traveled to Namibia to "work" for as little 
as a few days in Deloittes' office in Windhoek, would need a work 
permit.   However, if that same auditor came to the same Windhoek 
office to "train" Namibians s/he would qualify for a business visa. 
Hishekwa further stated that USG contractors who come to Namibia to 
provide short term assistance to USG agencies would in fact also 
technically need work permits since they would be "working" in 
Namibia and "remunerated" in the United States. 
 
 
- - - - - - - - - - - 
Current Work Arounds 
- - - - - - - - - - - 
 
¶9. (SBU) Due to incidents at the port of entry in the past, Post has 
instructed travelers on USG official business -- via the Electronic 
Country Clearance (ECC) process - to obtain a business visa prior to 
coming to Namibia.  Anecdotal evidence suggests that this has 
permitted most USG-sponsored travelers to enter Namibia without 
incident, even though Americans are not required to obtain business 
visas for travel less than 90 days. 
 
- - - - - - - - - 
The Way Forward? 
- - - - - - - - - 
 
¶10. (SBU) On April 23, Ambassador Mathieu met with Minister of Home 
Affairs and Immigration Rosalia Nghidinwa and Ms. Diedericks, Chief 
Controls Officer, 
to advise them of our concerns.  Ms. Diedericks affirmed that 
Americans do not require business visas.  She also acknowledged that 
the practices of Namibian embassy officials (who state visas are not 
required) and immigration officials were inconsistent. 
Nevertheless, she continued to suggest that USG officials and 
contractors obtain business visas to avoid difficulties at the port 
of entry.  She agreed that the GRN position could have adverse 
consequences for the visa reciprocity schedule, and suggested that 
we discuss the matter with the Ministry of Foreign Affairs. 
 
¶11.  (SBU)  Action requested:  Post will raise the issue of 
adherence to the visa reciprocity schedule with the Minister of 
Foreign Affairs on May 20.  Post also requests that the visa 
reciprocity issue be raised with the Embassy of Namibia to 
underscore the inconvenience and cost (N$390 per visa) occasioned by 
American travelers on business.  If the situation is not remedied, 
post encourages the Department to review the visa reciprocity 
schedule with Namibia and consider the possibility of negotiating 
new visa categories. 
 
¶12.  (SBU) Action requested:   Home Affairs officials have told 
emboffs that they are revising their immigration legislation and 
policies.  Some officials have expressed to us that they understand 
their current system is cumbersome.  Given the expertise Consular 
Affairs (CA) has in dealing with business, work and other visas, 
post would like to know if the Department is able to provide any 
technical assistance to the GRN to assist with this process.