The updated manual cites the same case to claim that [ Communist ] membership is generally intentional and that members are assumed to be aware of the party’ s political nature. If that party is politically active, its members are“ associated” with Communism with, or endorsement of” party ideology is considered affiliation.
• Socialist party membership is now considered Communist affiliation. In addition to Communist parties, the new FAM states that membership in a“ socialist” party is considered affiliation with a Communist party if that socialist party advocates Communist political philosophy. The FAM specifically names the Socialist Unity Party of Germany, the Workers’ Party of Korea, the Korean Social Democratic Party, and the United Socialist Party of Venezuela as examples, but this does not appear to be an exhaustive list. Any socialist party that is“ related to or identified with” a Communist party because of its history, philosophy, and / or political objectives may be deemed“ affiliated” with Communism. This expands the definition of affiliation and risk of inadmissibility for EB-5 investors from countries with socialist parties.
• Multiple exceptions have been narrowed.
- Essentials of Living: Previously, the FAM made an exception for Communist affiliation if an individual joined to gain access to“ essentials of living.” This list included, but was not limited to,“ housing, food rations, employment, medical and dental care, clothing, furnishings, transportation, and education.” Now, if an individual joined the party and participated more than the“ minimal extent necessary” to access the essentials of living or received an economic advantage beyond the essentials of living, they no longer qualify for an exception.
- Involuntary Membership: Before, membership or affiliation was considered involuntary when it was the result of“ fraud, duress, coercion, incapacity, or error which impair or negate
EB5 INVESTORS MAGAZINE EB5INVESTORS. COM
101 ←