Old passports submitted to clerks of courts by native citizens may be canceled by cutting off with scissors about 1 inch of the lower outer corners of both covers and all the pages of the passport. § 51.112 Notation of cancellation. A notation of the cancellation, giving the date, number, and place of issue of the canceled passport, should be made on the margin of the new application. § 51.113 Old passports of naturalized citizens. An old passport held by a person who claims citizenship through naturalization should be attached to the application for a new passport and forwarded to the Department for cancellation. § 51.114 Inability to present old passport for surrender. If the applicant for a new passport is unable to present for cancellation or surrender a previous passport, issued since January 2, 1918, which has expired, he should state in his application the disposition of the passport. If the previous passport is still valid, the applicant should submit a separate statement, under oath, setting forth in circumstantial detail the disposition of the passport. § 51.115 Section 2 of the act of May 16, 1932; period of validity. Section 2 of the act of May 16, 1932 (47 Stat. 157; 22 U.S.C. 217a), provides in part as follows: Sec. 2. That the validity of a passport 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 or 123 A passport which was issued within the period of 4 years prior to application for renewal may be renewed but in any case where a person fails to apply for renewal of his passport prior to or immediately after the expiration of the original period of validity of his passport, his passport, when renewed, shall not extend beyond a period of 4 years from the original date of issue. The validity of the renewal of a passport may be restricted to a period of less than 2 years and a passport so limited may not be extended except upon the express authorization of the Department of State. § 51.118 Fee for renewal. The fee for the renewal of a passport is $5. § 51.119 No fee for extension of passport to make it valid for 2 years from date of issue, etc. No fee shall be collected for the extension of a passport to make it valid for a period of 2 years from the date of issue where it was originally issued valid for a period of less than 2 years. No fee shall be collected for the extension of a passport which has been renewed to make it valid for more than 2 but less than 4 years from the date of issue. § 51.120 Minor child. When an application is made for a passport to include a minor child who will attain majority before the expiration of the period of 2 years from the date of issue, the passport shall be limited in validity to the date upon which such child will attain majority. An exception may be made to this rule when the child will attain majority within a period not exceeding 3 months prior to the date of expiration of the 2-year period. The two preceding sentences shall be applicable to a case where application is made for the renewal of a passport which includes a minor child who will attain majority before 4 years from the date of the original issue of the passport. § 51.121 Remaining validity of more than 6 months. Passports having a remaining validity of more than 6 months should not be renewed unless special circumstances warrant exceptional procedure. § 51.122 Requests for renewal. Requests for renewal may be made by personal application or letter addressed to the Department of State or to a passport agent of the Department of State. § 51.123 Passport to accompany request for renewal. Each request for renewal should be accompanied by the passport desired to be renewed. § 51.124 Requests for the extension of the validity of a passport to the twoor four-year period. A person in the United States who has been issued a passport the original period of validity of which was restricted to less than 2 years from the date of issue or whose passport when renewed beyond the original period of 2 years was restricted to less than 4 years from the date of issue and who desires to apply for an extension of the validity of such passport to the 2- or 4-year period, as the case may be, should communicate with the Department of State, unless he resides in a place where there is an agent of the Department of State, in which case the application for extension may be forwarded through such agent. § 51.125 Applicant for renewal to submit documentary evidence of the necessity of his journey abroad. An applicant for the renewal or extension of his passport may be required to submit satisfactory documentary evidence of the necessity and purpose of his journey abroad. § 51.127 Fees to be retained by clerks of courts other than Federal courts. Clerks of courts other than Federal courts, who are authorized to take applications for passports, are hereby authorized to collect and retain a fee of $2.00 for executing each application for a passport. This fee shall be in addition to the passport fee of $9.00. They may not charge nor retain more than that amount for executing an application for a passport. This regulation does not in any manner restrict the right of any State to make laws or regulations concerning the disposition of fees retained by clerks of State courts for executing applications for passports. [Dept. Reg. 108.284, 21 F. R. 2377, Apr. 12, 1956] § 51.128 Section 4 of the act of June 4, 1920; refunds of passport fees. Section 4 of the act of June 4, 1920 (41 Stat. 751; 22 U.S.C. 216), reads in part as follows: Whenever the appropriate officer within the United States of any foreign country refuses to visé a passport issued by the United States, the Department of State is hereby authorized upon request in writing and the return of the unused passport within 6 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 hereby appropriated and directed to be paid upon the order of the Secretary of State. § 51.129 Return of passport fees. A person who desires to have the fee or fees paid to a Federal official or officials for a passport returned to him because of his inability to secure the necessary visa must return his unused passport to the Department of State within 6 months from the date of issue of the passport and submit therewith a signed request for refund. The request must contain a statement to the effect that he has applied for a visa and that the visa has been refused, and should state the reasons, if any, assigned for the refusal of the visa. If such person has received a statement in writing from a foreign official refusing to visa his passport, the statement should be submitted to this Department as evidence of the refusal of the visa. § 51.130 Fees erroneously collected. Section 3 of the act of July 3, 1926 (44 Stat. 887; 22 U. S. C. 214a), provides in part as follows: That 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 1 of "An act making appropriations for the Diplomatic and Consular Service for the fiscal year ending June 30, 1921," approved June 4, 1920 (Forty-first Statutes, page 750), the Department of State is hereby authorized to refund to the person who paid such fee the amount thereof, and the money for that purpose is hereby authorized to be appropriated. When a fee has been erroneously collected from any person who is exempted from the payment of the fee for the issue of a passport, he or she may submit the matter in writing to the Department of State and at the same time submit such evidence as is required by the rules governing the granting and issuing of passports in the United States (Subpart A of this part) to show that he or she is exempted from the payment of such fee. § 51.131 Inquiries concerning applications submitted. The Department of State will act upon applications as promptly as possible after their receipt. Inquiry concerning applications should be made only in cases of emergency, since the time consumed in responding to such inquiries necessarily retards the examination of applications. However, in such emergency cases inquiry should be made directly to the Department of State by the applicant. § 51.132 Applications to be submitted sufficiently far in advance. Application should be submitted sufficiently far in advance of the date upon which a passport is required to permit the Department to communicate, when necessary, with the applicant or other persons concerning the citizenship of the applicant or with respect to any defects which may appear in the application or any further information concerning the applicant which the Department may deem necessary. § 51.133 Address of communications. Communications should be addressed to the Department of State, Passport Division, Washington, D.C., 20524. Each communication should give the post office address of the person to whom the answer is to be directed. § 51.134 Applications to be made out completely on most recent forms. Application for passports should be made on the most recent form or forms prepared by the Department of State and should contain complete information called for in such form or forms. § 51.135 Denial of passports to members of Communist organizations. A passport shall not be issued to, or renewed for, any individual who the issuing officer knows or has reason to believe is a member of a Communist organization registered or required to be registered under section 7 of the Subversive Activities Control Act of 1950 as amended. (50 U.S.C., sec. 786.) (Sec. 4, 63 Stat. 111; 5 U.S.C. 151c) [Dept. Reg. 108.475, 27 F.R. 344, Jan. 12, 1962] § 51.136 Limitations on issuance of passports to certain other persons. In order to promote and safeguard the interests of the United States, passport facilities, except for direct and immediate return to the United States, shall be refused to a person when it appears to the satisfaction of the Secretary of State that the person's activities abroad would: (a) Violate the laws of the United States; (b) be prejudicial to the orderly conduct of foreign relations; or (c) otherwise be prejudicial to the interests of the United States. (Sec. 4, 63 Stat. 111; 5 U.S.C. 151c) [Dept. Reg. 108.475, 27 F.R. 344, Jan. 12, 1962] § 51.137 Tentative denial of passports and available administrative procedures. Any person whose application for a passport or renewal of a passport has been tentatively denied under § 51.135 or § 51.136 shall be entitled to a notification in writing of the tentative denial. The notification shall set forth clearly and concisely the specific reasons for the denial and the procedures for review available to the applicant. (Sec. 4, 63 Stat. 111; 5 U.S.C. 151c) [Dept. Reg. 108.475, 27 F.R. 344, Jan. 12, 1962] § 51.138 Procedure for review of tentative denial. (a) A person whose application for a passport or renewal of a passport has been tentatively denied in accordance with 51.135 or § 51.136 shall be entitled, upon request, and before the denial becomes final, to present to the Passport Office any information he deems relevant to support his application. He shall be entitled to appear in person before a Hearing Officer in the Passport Office; to be represented by counsel; to present evidence; to be informed of the evidence upon which the Passport Office relied as a basis for the tentative denial; to be informed of the source of such evidence; and to confront and examine adverse witnesses. cross (b) The applicant shall, upon request by the Hearing Officer, confirm his oral statements in an affidavit for the record. After the applicant has presented his case, the Passport Office shall review the record and advise the applicant of its decision. In making its decision, the Passport Office shall not take into consideration confidential security information that is not made available to the applicant in accordance with paragraph (a) of this section. If the decision is adverse to the applicant, he shall be notified in writing, and the notification shall state the reasons for the decision. Such notification shall also inform the applicant of his right to appeal to the Board of Passport Appeals under § 51.139. [Dept. (Sec. 4, 63 Stat. 111; 5 U.S.C. 151c) BOARD OF PASSPORT APPEALS § 51.150 Creation and functions of Board of Passport Appeals. There is hereby established within the Department of State a Board of Passport Appeals, hereinafter referred to as the Board, composed of not less than three officers of the Department to be designated by the Secretary of State. The Board shall act on all appeals under § 51.139. The Board shall adopt and make public rules of procedure to be approved by the Secretary. (Sec. 4, 63 Stat. 111; 5 U.S.C. 151c) Reg. 108.475, 27 F.R. 344, Jan. 12, 1962] [Dept. § 51.151 Organization of Board. The Board of Passport Appeals shall consist of three or more members designated by the Secretary of State, one of whom shall be designated by the Secretary as Chairman. The Chairman shall assure that there is assigned to hear the appeal of any applicant a panel of not less than three members including himself or his designee as presiding officer, which number shall constitute a quorum. (Sec. 4, 63 Stat. 111; 5 U.S.C. 151c) Reg. 108.475, 27 F.R. 345, Jan. 12, 1962] § 51.152 Chairman. [Dept. The Chairman, or his designee, shall preside at all hearings of the Board, and shall be empowered in all respects to regulate the course of the hearings and to pass upon all issues relating thereto. The Chairman, or his designee, shall be empowered to administer oaths and affirmations. (Sec. 4, 63 Stat. 111; 5 U.S.C. 151c) [Dept. Reg. 108.475, 27 F.R. 345, Jan. 12, 1962] § 51.153 Counsel to the Board. A counsel, to be designated by the Secretary of State, shall be responsible to the Board for the schedule and presentation of cases; for assistance in legal and procedural matters; for providing information to the applicant as to his procedural rights before the Board; for maintenance of records; and for such other duties as the Board, or the Chairman on its behalf, may determine. (Sec. 4, 63 Stat. 111; 5 U.S.C. 151c) [Dept. Reg. 108.475, 27 F.R. 345, Jan. 12, 1962] § 51.154 Examiner. The Board may, in its discretion, appoint an examiner in any case, who may, with respect to such case be vested with any or all authority vested in the Board or the Chairman, subject to review and final decision by the Board, but an applicant shall not be denied an opportunity for a hearing before the Board unless he expressly waives it. (Sec. 4, 63 Stat. 111; 5 U.S.C. 151c) [Dept. Reg. 108.475, 27 F.R. 345, Jan. 12, 1962] § 51.155 Duty of Board to advise Secretary of State on action for disposition of appealed cases. It shall be the duty of the Board, on the basis of the evidence on the record, to advise the Secretary of the action it finds necessary and proper to the disposition of the cases appealed to it, and to this end the Board may first call for clarification of the record; make further investigation; or take other action consistent with its duties. (Sec 4, 63 Stat. 111; 5 U.S.C. 151c) [Dept. Reg. 108.475, 27 F.R. 345, Jan. 12, 1962] § 51.156 Basis for findings of fact by the Board. In making or reviewing findings of fact, the Board, and all others with responsibility for so doing under §§ 51.135 to 51.154 shall be convinced by a preponderance of the evidence, as would a trial court in a civil case. In determining whether there is a preponderance of evidence supporting the denial of a passport, the Board shall consider the entire record before it. The Board shall not take into consideration any confidential security information which is not part of the record. (Sec. 4, 63 Stat. 111; 5 U.S.C. 151c) Reg. 108.475, 27 F.R. 345, Jan. 12, 1962] § 51.157 Decisions of the Board. [Dept. Decisions shall be by majority vote. Voting may be either in open or closed session on any question except recommendations under § 51.155 which shall be in closed session. Decisions under § 51.155 shall be in writing and shall be signed by all participating members of the Board. (Sec. 4, 63 Stat. 111; 5 U.S.C. 151c) [Dept. Reg. 108.475, 27 F.R. 345, Jan. 12, 1962] § 51.158 Delivery of papers. Appeals or other papers for the attention of the Board may be delivered personally, by registered mail, or by leaving a copy at the office of the Board at the address to be stated in the notification of adverse decision furnished to the applicant by the Passport Office. (Sec. 4, 63 Stat. 111; 5 U.S.C. 151c) [Dept. Reg. 108.475, 27 F.R. 345, Jan. 12, 1962] § 51.159 Notice of hearing. An applicant shall receive not less than five business days notice in writing of the scheduled date and place of hearing, which shall be set for a time as soon as possible after receipt by the Board of the applicant's appeal. (Sec. 4, 63 Stat. 111; 5 U.S.C. 151c) [Dept. Reg. 108.475, 27 F.R. 345, Jan. 12, 1962] § 51.160 Appearance. 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. (Sec. 4, 63 Stat. 111; 5 U.S.C. 151c) [Dept. Reg. 108.475, 27 F.R. 345, Jan. 12, 1962] § 51.161 Applicant'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 cases of the class within the competence of the Board of Passport Appeals shall, within two (2) years after the termination of such duties, appear as attorney in behalf of an applicant in any case of such nature, nor shall any one appear as such attorney in a case of such class if in the course of prior government service he has dealt with any aspects of the applicant's activities relevant to a determination of the case. (Sec. 4, 63 Stat. 111; 5 U.S.C. 151c) Reg. 108.475, 27 F.R. 345, Jan. 12, 1962] [Dept. The record of proceedings held under § 51.138 shall be made available to the applicant in connection with his appeal to the Board. The applicant may appear and testify in his own behalf, be represented by counsel, present witnesses and offer other evidence in his own behalf. The Passport Office may also present witnesses and offer other evidence. The applicant and witnesses may be examined by any member of the Board or by counsel. If any witness whom the applicant wishes to call is unable to appear personally, the Board may, in its discretion, accept an affidavit by him or order evidence to be taken by deposition. Such deposition may be taken before any person designated by the Board and such designee is hereby authorized to administer oaths and |