[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR40.5]

[Page 149-150]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 40_REGULATIONS PERTAINING TO BOTH NONIMMIGRANTS AND IMMIGRANTS UNDER THE 
 
                      Subpart A_General Provisions
 
Sec.  40.5  Limitations on the use of National Crime Information Center (NCIC) 

criminal history information.

    (a) Authorized access. The FBI's National Crime Information Center

[[Page 150]]

(NCIC) criminal history records are law enforcement sensitive and can 
only be accessed by authorized consular personnel with visa processing 
responsibilities.
    (b) Use of information. NCIC criminal history record information 
shall be used solely to determine whether or not to issue a visa to an 
alien or to admit an alien to the United States. All third party 
requests for access to NCIC criminal history record information shall be 
referred to the FBI.
    (c ) Confidentiality and protection of records. To protect 
applicants' privacy, authorized Department personnel must secure all 
NCIC criminal history records, automated or otherwise, to prevent access 
by unauthorized persons. Such criminal history records must be 
destroyed, deleted or overwritten upon receipt of updated versions.

[67 FR 8478, Feb. 25, 2002]