K DEPARTMENT OF STATE PRESS RELEASE (No. 428, August 7, 1956) The Department of State has taken note of the fact that the Chinese Communist regime has announced that it has invited certain United States newspaper correspondents and commentators to visit Communist China. The State Department has taken this occasion to review carefully its policy with respect to the nonissuance of passports validated for travel to Communist China. After such review, it continues to be the policy of the State Department not to issue such passports. The United States welcomes the free exchange of information between different countries irrespective of political and social differences. But the Chinese Communist regime has created a special impediment. It adopted the practice of taking American citizens into captivity and holding them in effect as political hostages. It continues to do so despite the fact that on September 10, 1955, at Geneva, it promised that all Americans in Communist China would be allowed expeditiously to exercise their right to return to the United States.' So long as these conditions continue, it is not considered to be in the best interests of the United States that Americans should accept the Chinese Communist invitation to travel to Communist China. Bulletin of September 19, 1955, p. 456. 207 L DEPARTMENT OF STATE FOR THE PRESS (August 27, 1945, No. 636) Clearance has been granted for the immediate entry into Hungary of American newspaper correspondents. The Department of State is in receipt of a telegram from the American political representative in Budapest, Mr. H. F. Arthur Schoenfeld, stating that clearance has been granted by the appropriate authorities there for the immediate entry of six American newspaper correspondents who filed application for clearance as follows: one representative each of the United Press, International News Service, Associated Press, Chicago Tribune, PM-The Nation, and Christian Science Monitor. The information received from the American political representative indicates that blanket authority has been given for entry into Hungary to all accredited American war correspondents with Allied troops and that insofar as possible the facilities of the Allied Control Commission radio service at Budapest will be made available to such accredited American war correspondents. All other American newspaper correspondents must receive clearance for entry into Hungary. Applications for such clearance may be made either through the American political representative or the Allied Control Commission at Budapest. Applications may be made direct to the State Department which in turn will request clearance through the American political representative in Budapest. 208 APPENDIX EXHIBIT 9 1957 COMPILATION OF STATUTES, EXECUTIVE ORDERS, AND ADMINISTRATIVE RULES AND REGULATIONS BEARING UPON THE ISSUANCE OF PASSPORTS TO AMERICAN CITIZENS Hon. THOMAS C. HENNINGS, Jr., PASSPORT OFFICE, DEPARTMENT OF STATE, United States Senate. Washington, D. C., March 8, 1957. DEAR SENATOR HENNINGS: With further reference to your letter of March 1, 1957, in which you requested to be furnished with copies of all existing statutes, executive orders, and administrative rules and regulations bearing upon the issuance of passports to American citizens, I take pleasure in enclosing herewith for your information and use two copies each of the following: A. The text of sections 211a, 212, 213, 214, 214a, 216, 217, 218 of title 22, United States Code, including 1956 amendment of section 214. B. The text of sections 1541 to 1545, inclusive, of title 18 of the United States Code. C. The text of section 6 and of a portion of section 15 (c) of title I of the Internal Security Act of 1950. D. A pamphlet containing the text of (1) Executive Order 7856 of March 31, 1938, and (2) departmental order 749 of March 31, 1938. E. A circular containing the text of sections 51.135 to 51.143, inclusive, of title 22, Code of Federal Regulations. F. A circular containing the text of section 51.151 to 51.170, inclusive, of title 22, Code of Federal Regulations. G. The text of sections 52.1 to 52.9, inclusive, of title 22, Code of Federal Regulations. H. Text of Executive Order No. 8820 of July 11, 1941. I. The text of departmental regulation 108.284 of April 6, 1956. J. A circular relating to travel control containing the text of: (1) Presidential Proclamation 3004 of January 17, 1953; (2) sections 53.1 to 53.9 of title 22, Code of Federal Regulations, and (3) section 215 of the Immigration and Nationality Act of 1952. K. The rules of the board of review of the Passport Office. L. A memorandum dated November 5, 1951, by Adrian Fisher, the legal adviser of the State Department, regarding the refusal of passports to Communist journalists. M. Department of State press release No. 1099 of December 18, 1951. N. Department of State press release No. 341 of May 1, 1952. Sincerely, Not reprinted here. FRANCES G. KNIGHT, Director, Passport Office. A TITLE 22, UNITED STATES CODE Sec. 211a. Authority to Grant, Issue and Verify Passports. The Secretary of State may grant and issue passports, and cause passports to be granted, issued, and verified in foreign countries by diplomatic representatives of the United States, and by such consul generals, consuls, or vice consuls when in charge, 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. July 3, 1926, c. 772, Sec. 1, 44 Stat. 887. Sec. 212. Who Entitled to Passport. No passport shall be granted or issued to or verified for any other persons than those owing allegiance, whether citizens or not, to the United States. R. S. Sec. 4076; June 14, 1902, c. 1088, Sec. 2, 32 Stat. 386. Sec. 213. Application for Passport; Fees for Taking. Before a passport is issued to any person by or under authority of the United States such person shall subscribe to and submit a written application duly verified by his oath before a person authorized and empowered to administer oaths, which said application shall contain a true recital of each and every matter of fact which may be required by law or by any rules authorized by law to be stated as a prerequisite to the issuance of any such passport. June 15, 1917, c. 30, Title IX, Sec. 1, 40 Stat. 227. Sec. 214. Fees for Passport; Persons Excused From Payment. There shall be collected and paid into the Treasury of the United States quarterly a fee of $1 for executing each application for a passport and $9 for each passport issued to a citizen or person owing allegiance to or entitled to the protection of the United States: Provided, That nothing herein contained shall be construed to limit the right of the Secretary of State by regulation to authorize the retention by State officials of the fee of $1 for executing an application for a passport: And provided further, That no fee 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. June 4, 1920, c. 223, Sec. 1, 41 Stat. 750. Sec. 214a. Fees Erroneously Charged and Paid; Refund. Whenever a fee is erroneously charged and paid for the issue of a passport to a person who is exempted from the payment of such a fee by section 214 of this title, the Department of State is authorized to refund to the person who paid such fee the amount thereof, and the money for that purpose is authorized to be appropriated. July 3, 1926, c. 772, Sec. 3, 44 Stat. 887. Sec. 216. Return of Fees on Refusal to Visé. Whenever the appropriate officer within the United States or any foreign country refuses to visé a passport issued by the United States, the Department of State is authorized upon request in writing and the return of the unused passport within six months from the date of issue to refund to the person to whom the passport was issued the fees which have been paid to Federal officials, and the money for that purpose is appropriated and directed to be paid upon the order of the Secretary of State. June 4, 1920, c. 223, Sec. 4, 41 Stat. 751. Sec. 217a. Validity of Passport or Visé; Limitation of Time; Renewal; Charge for Original Passport. The validity of a passport or passport visé shall be limited to a period of two years: Provided, That a passport may be renewed under regulations prescribed by the Secretary of State for a period, not to exceed two years, upon payment of a fee of $5 for such renewal, but the final date of expiration shall not be more than four years from the original date of issue: Provided further, That the Secretary of State may limit the validity of a passport, passport visé, or the period of renewal of a passport to less than two years: Provided further, That the charge for the issue of an original passport shall be $9. July 3, 1926, c. 772, Sec. 2, 44 Stat. 887; July 1, 1930, c. 782, 46 Stat. 839; May 16, 1932, c. 187, 47 Stat. 157. Sec. 218. Returns as to Passports Issued, etc. All persons who shall be authorized to grant, issue, or verify passports, shall make return of the same to the Secretary of State, in such manner and as often as he shall require; and such returns shall specify the names and all other particulars of the persons to whom the same shall be granted, issued, or verified, as embraced in such passport. R. S. Sec. 4077. PUBLIC LAW 403-84TH CONGRESS CHAPTER 31-2D SESSION H. R. 5844 AN ACT To increase the fee for executing an application for a passport. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the first proviso of section numbered 1 of the Act entitled "An Act making an appropriation for the Diplomatic and Consular Service for the fiscal year ending June 30, 1921", approved June 4, 1920 (22 U. S. C., sec. 214), is amended by striking out "the retention by" and "of the fee of $1" and by inserting after the word "officials" the following language: to collect and retain the sum of $2 as the fee. Approved February 10, 1956. 29174-58-pt. 2-11 |