PART IX-FEE FOR THE EXECUTION OF AN APPLICATION, FOR THE ISSUE OF A PASSPORT AND FOR THE RENEWAL OF A PASSPORT, AND EXEMPTIONS FROM THE PAYMENT OF THE FEE FOR THE ISSUE OF PASSPORTS

86. A fee of $1.00 shall be collected for the execution of each application for a passport. This rule is applicable in all cases, including the cases of persons applying for passports to proceed abroad on official business for the United States. (Act of June 4, 1920, 41 Stat. 750: U. S. C., title 22, sec. 214)

87. A fee of $9.00 shall be collected for each passport issued, except as hereinafter provided in Paragraphs 91 to 99, inclusive. A fee of $5.00 shall be collected for the renewal of a passport. (Act of May 16, 1932, ch. 187, 47 Stat. 157; U. S. C., title 22, sec. 217a)

88. The Secretary of State is authorized to make regulations authorizing the retention by State officials of the fee of $1.00 for executing an application for a passport. (Sec. 1, act of June 4, 1920, 41 Stat. 750; U. S. C., title 22, sec. 214) 89. The fees of $9.00 for the issue of a passport and $5.00 for the renewal of a passport, payable in currency or postal money order, shall accompany each application for a passport and for the renewal of a passport executed before a clerk of a court. Money orders should be made payable to the Secretary of State, Washington, D. C. If currency is transmitted with the application it will be understood that its transmission is at the risk of the applicant. If the application is executed before a Passport Agent of the Department of State, the fee shall be paid in currency. Personal checks will not be accepted by clerks of courts or Passport Agents.

90. The Secretary of State is authorized in the case of Passport Agencies to make such regulations as he may deem satisfactory for the transmission to him of fees collected in such Agencies.

Persons Exempt From the Payment of the Passport Fees

91. No fees shall be collected for passports issued to officers or employees of the United States proceeding abroad in the discharge of their official duties, or to members of their immediate families, or to seamen, or to widows, children, parents, brothers, and sisters of American soldiers, sailors, or marines buried abroad whose journey is undertaken for the purpose and with the intent of visiting the graves of such soldiers, sailors, or marines, which facts shall be made a part of the application for the passport. (Sec. 1, act of June 4, 1920, 41 Stat. 750; U. S. C., title 22, sec. 214)

(a) Officers or employees of the United States and Members of their immediate families.

92. In order to be exempt from the payment of the passport fee, an officer or employee of the United States shall submit with his application a written request for a passport from the head of the department or office in which he is employed. The request should set forth the nature of the employment of the applicant, the names of the countries in which he intends to travel, and the official nature of the journey abroad. These conditions shall be applicable to the renewal of a passport to an officer or employee of the United States.

93. An applicant who is a member of the immediate family of an officer or employee of the United States who intends to go abroad on official business, or who is abroad on such business, shall not be required to submit documentary evidence of the official status of the officer or employee of the United States of whose immediate family he is a member if he will refer to the passport application made by such officer or employee and such application meets the requirements of the preceding paragraph.

(b) American seamen.

94. No fees shall be collected for passports issued to American seamen. of June 4, 1920, 41 Stat. 750; U. S. C., title 22, sec. 214)

(Act

95. Passports should not be issued to American seamen employed as such on American vessels unless documentary evidence is submitted to the Secretary of State satisfactorily establishing that it is necessary for the seaman to bear an American passport, in addition to the ordinary official documents issued to seamen, in which case they may be issued passports valid for a period sufficient to enable them to carry out the purpose for which the passport is desired. Seamen not traveling as such are not exempt from the payment of the passport fee.

96. Passports shall not be issued to American citizens who are employed or expect to be employed as seamen on foreign vessels unless the necessity for the possession of a passport is established to the satisfaction of the Secretary of

State. However, in such case the seaman is not exempt from the payment of the passport fee.

97. A seaman who possesses a seaman's certificate of American citizenship should submit such certificate with his application for a passport. No other document issued to a seaman under laws applicable to seamen shall be required to be surrendered in connection with an application for a passport.

(c) Persons visiting the graves of American soldiers, sailors, or marines buried abroad.

98. No fees shall be collected for passports issued to widows, children, parents, brothers, and sisters of an American soldier, sailor, or marine buried abroad, who intend to go abroad for the purpose of visiting the grave of such soldier, sailor, or marine. (Act of June 4, 1920, 41 Stat. 750; U. S. C., title 22, sec. 214)

99. In order to be issued a passport without payment of the passport fee, such applicant, proceeding abroad for the purpose stated, must submit with his application a statement from the War Department, Washington, D. C., setting forth the name of the deceased American soldier, sailor, or marine to whom the applicant claims relationship, and the place of burial in a foreign country. A passport issued upon such application will be valid only for the country in which the deceased soldier, sailor, or marine is buried and the countries en route.

PART X-EVIDENCE OF CITIZENSHIP TO ACCOMPANY APPLICATIONS FOR PASSPORTS

(a) Native citizens.

100. A person born in the United States in a place where official records of birth were kept at the time of his birth must submit with the application a birth certificate under the seal of the official custodian of birth records." A certificate to be acceptable must show the date and place of birth and that the record thereof was made at the time of birth or shortly thereafter. If a birth certificate is not obtainable, that fact should be shown, and the application should be supported by a baptismal certificate or a certified copy of the record of baptism under the seal of the church in which the applicant was baptized, giving the date and place of birth, the date of baptism, and the date on which the record of baptism was made. A baptismal certificate to be acceptable must show that the baptism occurred within a short time after the date of the birth of the applicant as shown in the certificate. If birth and baptismal certificates are not obtainable, an affidavit of the parent or of the physician, nurse, or midwife who attended the birth, or the affidavit of a reputable person having sufficient knowledge to be able to testify as to the place and date of the applicant's birth may be accepted. A person who did not attend the birth but who testifies concerning the place and date of the applicant's birth should state briefly how and through what source the knowledge was acquired.

101. A person born abroad whose father was born in the United States and at the time of the applicant's birth had not ceased to be a citizen of the United States must submit with his application evidence of the father's birth in this country as required in the preceding paragraph.

102. If the applicant comes within the provisions of Paragraph 100 or 101 and has previously been issued a passport, reference to the application upon which such passport was issued will be sufficient, provided there was submitted with such application satisfactory evidence of American citizenship. If the applicant has not previously been issued a passport but his father has been issued such a document, reference to the application upon which a passport was issued to his father will be sufficient, provided there was submitted with such application satisfactory evidence of the father's American citizenship.

103. A person born abroad after noon, Eastern Standard Time, May 24, 1934, of a mother who was born in the United States and an alien father, must submit with his application evidence of the mother's birth in this country as required by Paragraph 101.

104. A person board abroad after noon, Eastern Standard Time, May 24, 1934, of parents both of whom were born in the United States, must submit with his application evidence of the birth in this country of both of his parents as required by Paragraph 101. If either parent has previously been issued a

A person of Chinese descent residing in the United States and claiming to be an American citizen must submit with his application for a passport a copy of Form 430, Immigration and Naturalization Service. Requests for these forms should be made to the nearest immigrant inspector or to the Department of Labor, Immigration and Naturalization Service, Chinese Section, Washington, D. C.

passport, reference to the application upon which such document was issued will be sufficient as evidence of the citizenship of that parent, provided there was submitted with such application evidence of his American citizenship.

105. A person born abroad who claims American citizenship through the birth abroad of a father who acquired American citizenship at birth must submit evidence of the citizenship of his paternal grandfather and evidence that his father resided in the United States prior to the applicant's birth. If the father has previously been issued a passport, reference to the application upon which such document was issued will be sufficient as evidence of the citizenship of the father, provided there was submitted with such application evidence of his father's American citizenship and it satisfactorily appears from such application that the father had resided in the United States prior to the applicant's birth abroad.

106. A person born abroad after noon, Eastern Standard Time, May 24, 1934, who claims American citizenship through the birth abroad of a mother who acquired American citizenship at birth must submit evidence of the citizenship of his maternal grandfather and evidence that his mother resided in the United States prior to the applicant's birth. If the mother has previously been issued a passport reference to the application upon which such document was issued will be sufficient as evidence of the citizenship of the mother, provided there was submitted with such application evidence of her father's American citizenship and it satisfactorily appears from such application that the mother had resided in the United States prior to the applicant's birth abroad.

107. A person born abroad who claims citizenship at birth through a parent who was naturalized as a citizen of the United States must submit with his application the parent's certificate of naturalization, unless the applicant or his father has previously been issued a passport upon an application with which was submitted satisfactory evidence of the father's naturalization.

(b) Persons claiming citizenship through naturalization of self or parent. 108. A person naturalized in his own right must submit with his application his certificate of naturalization.

109. The child of a naturalized citizen claiming citizenship through the naturalization of the father or mother must submit the certificate of naturalization of the parent through whom he claims American citizenship, and if the parent was naturalized after noon, Eastern Standard Time, May 24, 1934, he must show that he has resided in the United States as a minor for a period of five years. If both parents have been naturalized, appropriate evidence thereof should be submitted. If the mother resumed American citizenship under section 3 of the act of March 2, 1907, 34 Stat. 1228, or was repatriated under the act of June 25, 1936, ch. 801, 49 Stat. 1917 (U. S. C., title 8, sec. 9a), appropriate evidence of such resumption or repatriation must be submitted with the application.

110. If the applicant comes within the provisions of Paragraph 108 or 109 and has previously been issued a passport, reference to the application upon which such passport was issued will be sufficient, provided there was submitted with such application evidence of his naturalization or the naturalization of the parent through whom he claims citizenship.

(c) An adopted child included in the passport of the foster parent or parents. 111. As the adoption of an alien child by an American citizen does not confer American citizenship upon such child, it is necessary when an adopted minor child is to be included in the passport of the foster parent or parents that the application be accompanied by documentary evidence of the adoption of the child and evidence of the child's American citizenship. When evidence of the citizenship of an adopted child of the nature mentioned in this section cannot be obtained but the custody of the adopted child was obtained during early infancy from a reputable charitable or other organization, an affidavit may be executed by an official of such organization setting forth, if possible, the date and place of birth in the United States of its former ward, the fact that the child has been legally adopted, the date and manner of adoption, and the name and place of residence of the adoptive parent or parents. Such affidavit should also set forth the basis for the knowledge and belief of the affiant concerning the date and place of birth of the child and the date when the child was placed in the custody of the organization. If the child has not been formally adopted, that fact should be set forth in the affidavit, together with a statement indicating that the child has had a permanent and established place for a definite period of time with the family in whose custody the child has been

placed by the organization. The Secretary of State may require the submission of such further information or documents as he may deem necessary to establish the legal or actual custody of the child and its nationality. (d) Wife included in husband's application.

112. When an application includes the wife of the applicant, evidence of the husband's citizenship only shall be required if the wife was born in the United States, or if alien born was eligible to naturalization under section 1994 of the Revised Statutes of the United States (repealed by section 6 of the act of September 22, 1922, 42 Stat. 1022), provided that in both cases the marriage occurred prior to September 22, 1922, and the applicant was an American citizen at the time of marriage or became a citizen prior to the date mentioned. When the marriage occurred on or after September 22, 1922, evidence of the American citizenship of both the husband and wife must accompany the application.

(e) Husband included in wife's application.

113. When an application includes the husband of the applicant, evidence of the husband's citizenship and not evidence of the wife's citizenship should be submitted if the marriage occurred prior to September 22, 1922. If the marriage occurred on or after September 22, 1922, evidence of the citizenship of the applicant and her husband must accompany the application.

114. The Secretary of State may require such additional evidence of citizenship as in his judgment may be necessary to establish the citizenship of an applicant for a passport.

PART XI—EVIDENCE OF CITIZENSHIP TO ACCOMPANY A WOMAN'S APPLICATION FOR A

PASSPORT

115. The following classes of American-born women must submit evidence of their own citizenship:

(a) One who has never been married.

(b) One who married on or after September 22, 1922.

(c) One who was married to an alien between March 2, 1907, and September 22, 1922, and whose marital status was terminated prior to September 22, 1922. If the marriage was terminated by divorce, the original decree of divorce or a certified copy of the court record thereof must be submitted. If the marriage was terminated by death, a statement to that effect must be made in the application. Prior to September 22, 1922, upon the termination of such a marriage a woman could resume her American citizenship, if abroad, by registering as an American citizen within one year with a Consul of the United States, or by returning to reside in the United States, or, if residing in the United States at the termination of the marital relationship, by continuing to reside therein. (Section 3, act of March 2, 1907, 34 Stat. 1228, repealed by section 7, act of September 22, 1922, 42 Stat. 1022.) The manner in which American citizenship was resumed prior to September 22, 1922, must be set forth in the application and supported by appropriate evidence. If necessary, a supplementary statement under oath should be attached to the application.

(d) One who married an alien prior to March 2, 1907, but who did not, subsequent to the marriage, reside permanently abroad.

(e) One who married an alien prior to March 2, 1907, who, as a result of such marriage, acquired the nationality of the country of which her husband was a national, and who, subsequent to the marriage and prior to September 22, 1922, resided permanently abroad. In such case a woman must submit evidence that she resumed or reacquired American citizenship.

116. An American-born woman who was married to an American citizen prior to September 22, 1922, must submit evidence of her husband's citizenship. 117. An American woman who lost American citizenship by marriage to an alien and whose husband became naturalized prior to September 22, 1922, must submit the certificate of naturalization of her husband.

118. The following classes of alien-born women must submit evidence of their own citizenship:

(a) One who has never been married, and who has been naturalized in her own right or through the naturalization of either or both parents, or through the resumption of American citizenship by the mother or by the latter's repatriation.

(b) One who, subsequent to acquiring American citizenship, married an alien prior to September 22, 1922, and who, after the termination of the marital status, resumed American citizenship under section 3 of the act of March 2, 1907, 42 Stat. 1022, or was naturalized in her own right.

(c) One who, subsequent to acquiring American citizenship, married an alien prior to September 22, 1922, and who subsequent to that date was naturalized as an American citizen.

(d) One who was married after September 22, 1922, but whose claim to citizenship is based upon her own naturalization or the naturalization of either or both parents or through the resumption of American citizenship by the mother or by the latter's repatriation as a citizen of the United States.

(e) One who, subsequent to acquiring American citizenship, married an alien ineligible to citizenship on or after September 22, 1922, and prior to March 3, 1931, and who since the latter date has been naturalized as an American citizen. 119. The Secretary of State may require such additional evidence of citizenship as in his judgment may be necessary to establish the citizenship of an applicant for a passport.

PART XII-A RESIDENT OF AN OUTLYING POSSESSION OF THE UNITED STATES WHO WAS NOT BORN OR NATURALIZED IN THE UNITED STATES BUT WHO OWES PERMANENT ALLEGIANCE, WHETHER A CITIZEN OR NOT, TO THE UNITED STATES 120. A resident of an outlying possession of the United States who was not born or naturalized in the United States but who owes permanent allegiance, whether a citizen or not, to the United States, who was born in an outlying possession at a place where official records of birth were kept at the time of his birth, must submit with his application evidence of citizenship of the nature described in Paragraph 100, except that, when a proper birth or baptismal certificate cannot be submitted or an affidavit cannot be obtained from a person who attended the birth, the applicant must submit affidavits of two credible persons stating how long they have known the applicant and through what source the knowledge of the date and place of the applicant's birth was acquired.

121. The applicant must submit such additional documentary evidence as may be necessary to show conclusively that he has acquired American nationality under any law of the United States or any treaty to which the United States is a party.

122. An applicant who claims to be a citizen of the Commonwealth of the Philippines must submit such documentary evidence as may be necessary to show conclusively that under the laws of the United States or of the Philippine Islands in effect at the time of the adoption of the Constitution of the Philippines he was a citizen of the Philippine Islands and hence acquired citizenship in the Commonwealth, or that he subsequently, under the Constitution or under the laws subsequently enacted by the legislature of the Commonwealth of the Philippines, acquired citizenship in that Commonwealth.

PART XIII-AFFIDAVITS

123. Any affidavit which may be required under these rules or shall be submitted in support of an application for a passport or the renewal, extension, or amendment of a passport shall be considered as, and become, a part of the application.

PART XIV-ADDITIONAL REGULATIONS

124. The Secretary of State is authorized in his discretion to refuse to issue a passport, to restrict a passport for use only in certain countries, to restrict it against use in certain countries, to withdraw or cancel a passport already issued, and to withdraw a passport for the purpose of restricting its validity or use in certain countries.

125. Should a person to whom a passport has been issued knowingly use or attempt to use it in violation of the conditions or restrictions contained therein or of the provisions of these rules, the protection of the United States may be withdrawn from him while he continues to reside abroad.

126. The Secretary of State is authorized to make regulations on the subject of issuing, renewing, extending, amending, restricting, or withdrawing passports additional to these rules and not inconsistent therewith.

• Such supporting affidavit, together with any additional affidavit or affidavits which may be required, shall become part of the application, so that the following provisions of law shall be applicable: U. S. C.. title 22. sec. 220, concerning the making of false statements in applications and the penalty prescribed thereunder: U. S. C.. title 18. sec. 231, concerning perjury and the penalty prescribed thereunder and U. S. C., title 18, sec. 88, concerning conspiracies to commit an offense against or to defraud the United States and the penalty prescribed thereunder.