4. Passport Laws and Regulations

a. Protection of Citizens Abroad 1

Act of July 27, 1868 [Revised Statutes, Sec. 2001], 15 Stat. 224; 22 U.S.C. 1732; as amended by Public Law 101-222 [Anti-Terrorism and Arms Export Amendments Act of 1989, H.R. 91], 103 Stat. 1900, approved December 12, 1989

Whenever it is made known to the President that any citizen of the United States has been unjustly deprived of his liberty by or under the authority of any foreign government, it shall be the duty of the President forthwith to demand of that government the reasons of such imprisonment; and if it appears to be wrongful and in violation of the rights of American citizenship, the President shall forthwith demand the release of such citizen, and if the release so demanded is unreasonably delayed or refused, the President shall use such means, not amounting to acts of war and not otherwise prohibited by law,2 as he may think necessary and proper to obtain or effectuate the release; and all the facts and proceedings relative thereto shall as soon as practicable be communicated by the President to Congress.

1

1 Sec. 611 of the Foreign Relations Authorization Act, Fiscal Year 1979 (Public Law 95-426; 92 Stat. 989), concerned equitable treatment of U.S. citizens living abroad. For text, see page 430. 2 Sec. 9 of the Anti-Terrorism and Arms Export Amendments Act of 1989 (Public Law 101222; 103 Stat. 1900) added “and not otherwise prohibited by law" at this point.

b. Passport Authority

(1) Secretary of State's Passport Authority 1

Partial text of Act of July 3, 1926 [H.R. 12495], 44 Stat. 887; 22 U.S.C. 211a; amended by Public Law 95-426 [Foreign Relations Authorization Act, Fiscal Year 1979; H.R. 12598], 92. Stat. 963 at 971, approved October 7, 1978; and by Public Law 103-236 [Foreign Relations Authorization Act, Fiscal Years 1994 and 1995; H.R. 2333], 108 Stat. 382, approved April 30, 1994

The Secretary of State may grant and issue passports, and cause passports to be granted, issued, and verified in foreign countries by diplomatic and consular officers of the United States, and by other employees of the Department of State who are citizens of the United States, 2 as the Secretary of State may designate, and by the chief or other executive officer of the insular possessions of the United States, under such rules as the President shall designate and prescribe for and on behalf of the United States, and no other person shall grant, issue, or verify such passports. Unless authorized by law, a passport may not be designated as restricted for travel to or for use in any country other than a country with which the United States is at war, where armed hostilities are in progress, or where there is imminent danger to the public health or the physical safety of United States travellers. 3

1 Sec. 125 of the Foreign Relations Authorization Act, Fiscal Year 1979 (Public Law 95-426; 92 Stat. 971), concerned diplomatic and official passports. For text, see page 419.

In Department of State Public Notice 1957 of February 24, 1994 (59 F.R. 10195), the Secretary of State extended the passport restriction invalidating United States passports for travel to, in, or through Lebanon. This restriction was extended in Public Notice 1767 of February 17, 1993 (58 F.R. 11286); for 1992, in Public Notice 1574 of February 10, 1992 (57 F.R. 5925). This restriction was initiated on January 26, 1987.

In Department of State Public Notice 1903 of November 11, 1993 (58 F.R. 61137), the Secretary of State extended the passport restriction for travel to, in, or through Libya, originally restricted on December 11, 1981, by Executive Order 11295 (31 F.R. 10603). Previous extensions have been issued on November 29, 1982 (47 F.R. 54888); November 29, 1984 (48 F.R. 55529); November 29 1984 (49 F.R. 47485); November 25, 1985 (50 F.R. 49808); December 9, 1986 (51 F.R. 44855); De cember 10, 1987 (52 F.R. 46876); December 8, 1988 (53 F.R. 49633); December 7, 1989 (54 FR 50568); November 30, 1990 (55 F.R. 49746); November 25, 1991 (56 F.R. 59316); November 24, 1992 (57 F.R. 55291).

In Department of State Public Notice 1960 of February 26, 1994 (59 F.R. 10451), the Secretary of State extended the passport restriction for travel to, in, or through Iraq, originally restricted on February 1, 1991 in Public Notice 1341 (56 F.R. 5242). Extension were issued in Public Notice 1577 of February 18, 1992 (57 F.R. 6762); and Public Notice 1770 of February 23, 1993 (58 F.R. 11883).

2 Sec. 127(a) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 394), struck out "by diplomatic representatives of the United States, and by such consul generals, consuls, or vice consuls when in charge," and inserted in lieu thereof "by diplomatic and consular officers of the United States, and by other employees of the Department of State who are citizens of the United States,".

3 This sentence was added by sec. 124 of Public Law 95-426 (92 Stat. 971). Sec. 124 also stated that the purpose of this amendment was to achieve greater U.S. compliance with the 1975 Helsinki Agreement as well as to encourage other nations to more fully comply.

(2) Passports-Delegation of Authority

Partial Text of Executive Order 11295;1 August 5, 1966; 31 F.R. 10603; 22 U.S.C. 211a note

Section 1. Delegation of authority. The Secretary of State is hereby designated and empowered to exercise, without the approval, ratification, or other action of the President, the authority conferred upon the President by the first section of the Act of July 3, 1926 (22 U.S.C. 211a), to designate and prescribe for and on behalf of the United States rules governing the granting, issuing, and verifying of passports.

Sec. 2. Superseded orders. Subject to Section 3 of this order, the following are hereby superseded:

(1) Executive Order No. 7856 of March 31, 1938, entitled "Rules Governing the Granting and Issuing of Passports in the United States.

(2) Executive Order No. 8820 of July 11, 1941, entitled "Amending the Foreign Service Regulations of the United States."

Sec. 3. Saving provisions. All rules and regulations contained in the Executive order provisions revoked by Section 2 of this order, and all rules and regulations issued under the authority of those provisions, which are in force at the time of the issuance of this order shall remain in full force and effect until revoked, or except as they may be hereafter amended or modified, in pursuance of the authority conferred by this order, unless sooner terminated by operation of law.

1 In Department of State Public Notice 1957 of February 24, 1994 (59 F.R. 10195), the Secretary of State extended the passport restriction invalidating United States passports for travel to, in, or through Lebanon. This restriction was extended in Public Notice 1767 of February 17, 1993 (58 F.R. 11286); for 1992, in Public Notice 1574 of February 10, 1992 (57 F.R. 5925). This restriction was initiated on January 26, 1987.

In Department of State Public Notice 1903 of November 11, 1993 (58 F.R. 61137), the Secretary of State extended the passport restriction for travel to, in, or through Libya, originally restricted on December 11, 1981, by Executive Order 11295 (31 F.R. 10603). Previous extensions have been issued on November 29, 1982 (47 F.R. 54888), November 29, 1984 (48 F.R. 55529), November 29 1984 (49 F.R. 47485); November 25, 1985 (50 F.R. 49808), December 9, 1986 (51 F.R. 44855), December 10, 1987 (52 F.R. 46876), December 8, 1988 (53 F.R. 49633), December 7, 1989 (54 F.R. 50568); November 30, 1990 (55 F.R. 49746), November 25, 1991 (56 F.R. 59316), November 24, 1992 (57 F.R. 55291).

In Department of State Public Notice 1960 of February 26, 1994 (59 F.R. 10451), the Secretary of State extended the passport restriction for travel to, in, or through Iraq, originally restricted on February 1, 1991 in Public Notice 1341 (56 F.R. 5242). Extension were issued in Public Notice 1577 of February 18, 1992 (57 F.R. 6762), and Public Notice 1770 of February 23, 1993 (58 F.R. 11883).

(3) Regulations of the Secretary of State, Department Regulation 108.541, 22 CFR 50 through 53, October 20, 1966, 31 F.R. 13537, as amended

PART 50-NATIONALITY PROCEDURES

AUTHORITY: The provisions of this Part 50 issued under sec. 4, 63 Stat. 111, as amended, secs. 104, 360, 66 Stat. 174, 273; 22 U.S.C. 2658, 8 U.S.C. 1104, 1503.

The following definitions shall be applicable to this part:

(a) "United States" means the continental United States, the State of Hawaii, the Commonwealth of Puerto Rico, the Virgin Is lands of the United States, the Canal Zone, American Samoa, Guam and any other islands or territory over which the United States exercises jurisdiction.

(b) "Department" means the Department of State of the United States of America.

(c) "Secretary" means the Secretary of State.

(d) "National" means a citizen of the United States or a noncitizen owing permanent allegiance to the United States.

(e) "Passport" means a travel document issued under the authority of the Secretary of State attesting to the identity and nationality of the bearer.

(f) "Passport Agent" means a person designated by the Department to accept passport applications.

[Dept. Reg. 108.541, 31 F.R. 13537, Oct. 20, 1966; as amended by 31 F.R. 14521, Nov. 11, 1966]

Subpart A-Procedures for Determination of United States Nationality of a Person Abroad

§ 50.2 Determination of U.S. nationality of persons abroad. The Department shall determine claims to United States nationality when made by persons abroad on the basis of an application for registration, for a passport, or for registration of birth.

§ 50.3 Application for registration.

(a) A person abroad who claims U.S. nationality, or a representative on his behalf, may apply at a consular post for registration to establish his claim to U.S. nationality or to make his residence in the particular consular area a matter of record.

(b) The applicant shall execute the registration form prescribed by the Department and shall submit the supporting evidence required by Subpart C of Part 51 of this chapter. The diplomatic or consular officer shall determine the period of time for which the registration will be valid.

§ 50.4 Application for passport.

A claim to U.S. nationality in connection with an application for passport shall be determined by posts abroad in accordance with the regulations contained in Part 51 of this chapter.

§ 50.5 Application for registration of birth abroad.

Upon application by the parents or their representative, a consular officer may record the birth of a U.S. citizen child in his consular district. The officer shall require the applicant to submit evidence meeting the requirements of Subpart C of Part 51 of this chapter and shall include:

(a) Proof of child's birth. Proof of child's birth usually consists of, but is not limited to, an authentic copy of the record of the birth filed with local authorities, a baptismal certificate, a military hospital certificate of birth, or an affidavit of the doctor or the person attending the birth. If no proof of birth is available, the person seeking to register the birth shall submit his affidavit explaining why such proof is not available and setting forth the facts relating to the birth.

(b) Proof of child's citizenship. Evidence of parent's citizenship and, if pertinent, evidence of parent's physical presence in the United States as required for transmittal of claim of citizenship by the Immigration and Nationality Act of 1952 shall be submitted. § 50.6 Registration at the Department of birth abroad.

In the time of war or national emergency, passport agents may be designated to complete consular reports of birth for children born at military facilities which are not under the jurisdiction of a consular office. An officer of the Armed Forces having authority to administer oaths may take applications for registration under this section.

§ 50.7 Report of birth.

(a) Upon submission of satisfactory proof of birth and nationality, and at the time of the recording of the birth, the consular officer shall issue to the parent or person in interest, when requested and upon payment of the prescribed fee, a consular report of birth. The Authentication Officer of the Department may issue additional copies of the report of birth.

(b) When it records a birth under § 50.6, the Department shall furnish a copy of the "Report of Birth" without fee to the parent or person in interest.

(a) At the time of registration of birth, the consular officer shall furnish without fee to the parent or person in interest a certification entitled "Certification of Birth.”

(b) At any time subsequent to the registration of birth, when requested and upon payment of the required fee, the Authentication Officer of the Department of State shall issue to the parent or person in interest a "Certification of Birth."

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