§ 51.95 Scope of review on appeal.

In hearing an appeal, the Board shall review the record of the hearing held under §§ 51.81-51.89. The Board shall not receive or consider evidence or testimony not presented at that hearing unless it shall determine that such evidence or testimony could not, by reasonable diligence, have been presented at the hearing. In reaching its decision, the Board shall not take into consideration any confidential security information which is not part of the record. § 51.96 Notice of hearing on appeal.

An appellant shall receive not less than 5 business days' notice in writing of the scheduled date and place of any hearing on his appeal, which shall be set for a time as soon as possible after receipt by the Board of the appeal. Hearings will be held at the Department of State in Washington, D.C., unless the Board determines otherwise.

§ 51.97 Appearance at hearing on appeal.

Any party to any proceeding before the Board may appear in person, or by or with his attorney, who must possess the requisite qualifications, as hereinafter set forth, to practice before the Board.

§ 51.98 Appellant's attorney.

(a) Attorneys at law in good standing who are admitted to practice before the Federal courts or before the courts of any State or Territory of the United States may practice before the Board.

(b) No officer or employee of the Department of State whose official duties have, in fact, included participation in the investigation, preparation, presentation, decision or review of the appellant's case shall, within two (2) years after the termination of such duties, appear as attorney in behalf of the appellant in any case of such nature, nor shall any one appear as such attorney in the case if in the course of prior government service he has dealt with any aspects of the appellant's activities relevant to a determination of the case.

§ 51.99 Proceedings before the Board.

The record of the hearing held under §§ 51.81-51.89 shall be made available to the appellant in connection with his

appeal to the Board. Subject to the provisions of § 51.95, the appellant and the Passport Office may present witnesses and offer other evidence and make argument. The appellant and any witnesses appearing before the Board may be examined by any member of the Board or by counsel. The appellant shall be entitled to be informed of all the evidence before the Board and of the source of such evidence, and shall be entitled to confront and cross-examine any adverse witness appearing before the Board.

§ 51.100 Admissibility of evidence on appeal.

Subject to the provisions of § 51.95, the Passport Office and the appellant may introduce such evidence as the Board deems proper. Formal rules of evidence shall not apply, but reasonable restrictions shall be imposed as to the relevancy, competency and materiality of evidence presented.

§ 51.101 Privacy of hearing.

Unless otherwise requested by the person adversely affected, the hearing shall be private. There shall be present at the hearing only the appellant, his counsel, the members of the Board, official stenographers, Departmental employees directly concerned with the presentation of the case, and the witnesses. Witnesses shall be present at the hearing only while actually giving testimony or when otherwise directed by the Board.

[Dept. Reg. 108.574, 32 F.R. 16260, Nov. 29. 1967]

§ 51.102 Transcript of hearing.

A complete verbatim stenographic transcript shall be made of the hearing by a qualified reporter, and the transcript shall constitute a permanent part of the record. Upon request, the appellant or his counsel shall be entitled to inspect the complete transcript and to purchase a copy therof.

§ 51.103 Decision of the Board.

The decision shall be by majority vote, in writing, and shall set out with particularity the findings of fact and conclusions of law on which it is based.

§ 51.104 Finality of decision.

The decision of the Board shall be final unless:

(a) Diplomatic representative. A diplomatic representative shall not act as an official witness at a marriage ceremony.

(b) Consular officer. A consular officer, when requested, may act as an official witness at a marriage ceremony, in accordance with Title 22 U.S.C. 1172, provided that one of the contracting parties is a national of the United States and provided the consular officer has assured himself, as far as practicable, that the parties have complied with requirements of the applicable law of the place of celebration. § 52.3

Certificate of witness to marriage. Whenever a consular officer witnesses a ceremony of marriage he shall complete a Certificate of Witness to Marriage form, affix thereto the seal of the consulate, certify that the marriage took place in his presence, and sign such certificate. § 52.4 Authentication of marriage and divorce documents.

(a) Whenever a consular officer is requested to authenticate the signature of

local authorities on a document of marriage when he was not a witness to the marriage, he shall include in the body of his certificate of authentication the qualifying statement, "For the contents of the annexed document, the Consulate (General) assumes no responsibility."

(b) A consular officer shall include the same statement in certificates of authentication accompanying decrees of divorce.

§ 52.5 Certification as to marriage laws. Although a consular officer may have knowledge respecting the laws of marriage, he shall not issue any official certificate with respect to such laws.

PART 53-TRAVEL CONTROL OF CITIZENS OF UNITED STATES IN TIME OF WAR OR NATIONAL EMERGENCY

Sec.

53.1 Passport requirement. Exceptions.

53.2

53.3

Attempt of a citizen to enter without a valid passport.

53.4 Optional use of a valid passport.

AUTHORITY: The provisions of this Part 53 issued under sec. 215, 66 Stat. 190; 8 U.S.C. 1185. Proc. 3004, 18 F.R. 489; 3 CFR, 19491953 Comp.

SOURCE: The provisions of this Part 53 contained in Dept. Reg. 108.541, 31 F.R. 13546, Oct. 20, 1966, unless otherwise noted. § 53.1 Passport requirement.

Under section 215(b) of the Immigration and Nationality Act (8 U.S.C. 1185 (b), it is unlawful except as otherwise provided for any citizen of the United States to depart from or enter, or attempt to depart from or enter, the United States without a valid passport.

the United States for which a valid passport is required under this part if such travel is accomplished within 60 days of departure from the United States via any country or territory in North, South or Central America or any island adjacent thereto;

(c) When traveling as a bona fide seaman or air crewman who is the holder of record of a valid merchant mariner identification document or air crewman identification card:

(d) When traveling as a member of the Armed Forces of the United States on active duty;

(e) When he is under 21 years of age and is a member of the household of an official or employee of a foreign government or of the United Nations and is in possession of or included in a foreign passport;

(f) When he is a child under 12 years of age and is included in the foreign passport of an alien parent; however, such child will be required to provide evidence of his U.S. citizenship when entering the United States;

(g) When the citizen entering the United States presents a certificate of

identity and registration issued by a consular office abroad to facilitate travel to the United States; or

(h) When specifically authorized by the Secretary of State through appropriate official channels to depart from or enter the United States, as defined in § 50.1 of this chapter. The fee for a waiver of the passport requirement under this section is $25.

§ 53.3 Attempt of a citizen to enter without a valid passport.

The appropriate officer at the port of entry shall report to the Secretary of State for the purpose of invoking the waiver provisions of § 53.2 (h), any citizen of the United States who attempts to enter the United States contrary to the provisions of this part.

§ 53.4 Optional use of a valid passport.

Nothing in this part shall be construed to prevent a citizen from using a valid passport in a case in which that passport is not required by this Part 53, provided such travel is not otherwise prohibited.

other countries and to strengthen cooperative international relations in connection with which payments are made direct by the Department of State, as well as similar programs carried out by other Government departments and agencies and by private organizations with funds appropriated or allocated to the Department of State when the regulations in this part apply under the provisions of § 61.2 (a) and (b).

(b) Program and Department. For convenience, the international educational and cultural exchange program of the Department of State will hereinafter be referred to as the "program," and the Department of State will hereinafter be referred to as the "Department."

(c) Participant. Any person taking part in the program for purposes listed in §§ 61.3 through 61.8, including both citizens of the United States and citizens and nationals of the other countries with which the program is conducted.

(d) Transportation. All necessary travel on railways, airplanes, steamships, busses, streetcars, taxicabs, and other usual means of conveyance.

(e) Excess baggage. Baggage in excess of the weight or size carried free by public carriers on first-class service.

(f) Per diem allowance. Per diem in lieu of subsistence includes all charges for meals and lodging; fees and tips; telegrams and telephone calls reserving hotel accommodations; laundry, cleaning and pressing of clothing; transportation between places of lodging or business and places where meals are taken.

[22 F.R. 10836, Dec. 27, 1957, as amended by Dept. Reg. 108.523, 30 F.R. 10229, Aug. 18, 1965]

§ 61.2 Applicability of this part under special circumstances.

(a) Funds administered by another department or agency. The regulations in this part shall apply to payments made to or on behalf of participants from funds appropriated or allocated to the Department and transferred by the Department to some other department, agency or independent establishment of the Government unless the terms of the transfer provide that such regulations shall not apply in whole or in part or with such modifications as may be prescribed in each case to meet the exigencies of the particular situation.

(b) Funds administered by private organizations. The regulations in this part shall apply to payments made to or on behalf of participants from funds appropriated or allocated to the Department and administered by an institution, facility, or organization in accordance with the terms of a contract or grant made by the Department with or to such private organizations, unless the terms of such contract or grant provide that the regulations in this part are not to be considered applicable or that they are to be applied with such modifications as may be prescribed in each case to meet the exigencies of the particular situation.

(c) Appropriations or allocations. The regulations in this part shall apply to payments made by the Department with respect to appropriations or allocations which are or may hereafter be made available to the Department for the program so far as the regulations in this part are not inconsistent therewith. Grants to foreign participants to observe, consult, demonstrate special skills, or engage in specialized programs,

§ 61.3

A citizen or national of a foreign country who has been awarded a grant to observe, consult with colleagues, demonstrate special skills, or engage in specialized programs, may be entitled to any or all of the following benefits when authorized by the Department:

(a) Transportation. Accommodations, as authorized, on steamship, airplane, railway, or other means of conveyance. For travel in a privately owned vehicle, reimbursement will be in accordance with the provisions of the Standardized Government Travel Regulations.

(b) Excess baggage. Excess baggage as deemed necessary by the Department. (c) Per diem allowances. Per diem allowance not to exceed $30 in lieu of subsistence expenses while participating in the program in the United States, its territories or possessions and while traveling within or between the United States, its territories or possessions: Provided, however, That, in accordance with standards and procedures prescribed from time to time by the Assistant Secretary of State for Educational and Cultural Affairs, a per diem allowance of not to exceed $40 may be established in the case of participants

whose status and position require special treatment: And provided further, That the Assistant Secretary of State for Educational and Cultural Affairs may in the case of any particular participant authorize a per diem allowance in excess of $40. The participant shall be considered as remaining in a travel status during the entire period covered by his grant unless otherwise designated.

(d) Allowance. An allowance of not to exceed $70 in lieu of per diem while traveling to and from the United States.

(e) Tuition and related expenses. Tuition and related expenses in connection with attendance at seminars and workshops, professional meetings, or other events in keeping with the purpose of the grant.

(f) Books and educational materials allowance. A reasonable allowance for books and educational materials.

(g) Advance of funds. Advance of funds including per diem.

[22 F.R. 10836, Dec. 27, 1957, as amended by Dept. Reg. 108.468, 26 F.R. 3103, Apr. 12, 1961; Dept. Reg. 108.523, 30 F.R. 10229, Aug. 18, 1965; Dept. Reg. 108.611, 34 F.R. 17887, Oct. 28, 1969]

§ 61.4 Grants to foreign participants to lecture, teach, and engage in research.

A citizen or national of a foreign country who has been awarded a grant to lecture, teach, and engage in research may be entitled to any or all of the following benefits when authorized by the Department:

(a) Transportation. Accommodations, as authorized on steamship, airplane, railway, or other means of conveyance. For travel in a privately owned vehicle, reimbursement will be in accordance with the provisions of the Standardized Government Travel Regulations.

(b) Excess baggage. Excess baggage as deemed necessary by the Department.

(c) Per diem allowance. Per diem allowance not to exceed $22 in lieu of subsistence expenses while participating in the program in the United States, its territories or possessions and while traveling within or between the United States, its territories or possessions.

(d) Allowance. An allowance of not to exceed $50 in lieu of per diem while traveling to and from the United States. (e) Tuition and related expenses. Tuition and related expenses in connec

tion with attendance at educational institutions, seminars and workshops, professional meetings or other events in keeping with the purpose of the grant. (f) Books and educational materials allowance. A reasonable allowance for books and educational materials.

(g) Advance of funds. Advance of funds including per diem.

[22 F.R. 10836, Dec. 27, 1957, as amended by Dept. Reg. 108.434, 25 F.R. 4743, May 28, 1960; Dept. Reg. 108.523, 30 F.R. 10230, Aug. 18, 1965; Dept. Reg. 108.524; Dept. Reg. 108.611, 34 F.R. 17387, Oct. 28, 1969; Dept. Reg. 108.624; 35 F.R. 11992, July 25, 1970]

§ 61.5

Grants to foreign participants to study.

A citizen or national of a foreign country who has been awarded a grant to study may be entitled to any or all of the following benefits when authorized by the Department:

(a) Transportation. Accommodations, as authorized, on steamship, airplane, railway, or other means of conveyance. For travel in a privately owned vehicle, reimbursement will be in accordance with the provisions of the Standardized Government Travel Regulations.

(b) Excess baggage. Excess baggage as deemed necessary by the Department. (c) Per diem allowance. Per diem allowance not to exceed $16 in lieu of subsistence expenses while traveling (1) from point of entry in the United States, its territories or possessions, to orientation centers and while in attendance at such centers, for purposes of orientation, not to exceed 30 days, (2) to educational institutions of affiliation, and (3) to point of departure; and while participating in authorized field trips or conferences.

(d) Allowances. (1) A maintenance allowance of not to exceed $300 per month while present and in attendance at an educational institution, facility or organization;

(2) A travel allowance of not to exceed $35 in lieu of per diem while traveling to and from the United States.

(e) Tuition. Tuition and related fees for approved courses of study.

(f) Books and educational materials allowance. A reasonable allowance for books and educational materials.

(g) Tutoring assistance. Special tutoring assistance in connection with approved courses of study.