thereof a document often referred to in diplomatic language as a passport, requesting all persons concerned to allow the official and his suite to depart and pass without hindrance. The certificate contains the man's name and title but does not include the names of persons in his group. The Passport Office prepares the document at the request of the Protocol Office of the Department of State which is consulted regarding the exact wording on the document. In this particular case, the Secretary of State signs the documents but does not direct delivery of them.8 (Exhibit 71)

There have been cases of American wives and children of enemy diplomats or officials who desired to accompany their husbands or fathers. They were not refused permission to depart, as this might have been ground for retaliation by the enemy country, but the travel control regulations were waived to allow them to leave without passports.9

Collective Passport

A collective passport is one issued to a group of individuals who are citizens or nationals of the United States. It is usually used in time of national emergency to aid in the departure from belligerent territory and in most cases issued on a reciprocal basis. (Exhibits 72 and 73)

Protection in Enemy Territory

In time of war, a neutral nation is appointed to represent U.S. interests in the enemy territory. The neutral country has the responsibility to protect and document U.S. nationals. However, that nation may not issue U.S. passports or certificates of registration but may issue a special type of documentation for local use of U.S. nationals or for travel to an adjoining neutral country as authorized by the Department of State and permitted by the enemy government.10

The Department of State determines whether the individual requesting the travel documentation is still a citizen of the United

8 Whiteman, Digest of International Law, vol. 7, U.S. Government Printing Office, Wash., D.C., 1970, p. 102.

9 Unpublished treatise, “Wartime Passports, Practices and Procedures," presented in 1958 as part of Adjudication Training Program, Passport Office, Department of State, p. 3-4.

10 Ibid.

Exhibit 72. Collective passport relating to exchange of nationals, February 14,

1944

whose signature and thumbprint appear on the reverse side of this card, has been repatriated to the United States from the Far East on the M. S. Gripsholm in the inter-governmental exchange of nationals with the Japanese Government.

States and to what extent his presence and work in the enemy country may aid in their war effort. Individuals engaged in enemy propaganda work or those directly aiding the enemy militarily are not afforded the protection of the United States.

During World War II (1941–1945), the Swiss representatives in Germany issued U.S. nationals there a document called "Schutzbrief" which was used for local travel. A document called “Schutzpass" was issued for more extensive travel within Germany and for travel to Switzerland. If U.S. nationals were permitted to leave the enemy territory, the country representing our interests would issue them each a "Schutzpass" for travel to a neutral country, and, upon their arrival there, they would be issued service passports, by the U.S. diplomatic or consular officer for travel to the United States or elsewhere.11

Protection Passport

In connection with the assumption of protection of interests of third party states, Swiss Embassies and Legations issue a document referred to as a "protection passport." These are issued to nationals of countries whose interests are being protected provided the applicant has previously registered as such national and provided his usual passport has expired or is otherwise invalid. If "protection passports" are issued for travel out of the country, holders are instructed to turn them over to the nearest consular post of their nationality for issuance of a national passport or to immigration authorities at the port of entry of the country of which the applicant is a national. The "protection passports" are returned to the Swiss.12

Other neutral countries have been called upon from time to time to protect the U.S. interest when diplomatic relations have been broken.

Travel Document for Non-U.S.
Citizens

Aliens living in the United States may not be issued U.S. passports or any other official travel document if:

11 Ibid.

12 Whiteman, Digest of International Law, vol. 8, U.S. Government Printing Office, Wash., D.C. 1967, pp. 326, 327.

1. They are not citizens or subjects of any foreign state; or

2. They are persona non grata to the present governments of the countries of which they are citizens or subjects.

Aliens wishing to travel abroad must prepare personal affidavits of identity and nationality and apply for a visa to the diplomatic or consular representatives of the countries to be visited.

If the alien concerned has been legally admitted to the United States for permanent residence and if he desires to return to this country, he can apply to the Immigration and Naturalization Service for a Re-entry Permit which will entitle him to admission to the United States without obtaining another American visa.13

Alien Wives of U.S. Citizens

Alien women who married U.S. citizens subsequent to the passage of the Act of September 22, 1922, did not automatically acquire U.S. citizenship by marriage and therefore could not automatically be included in their husband's passports.14 However, three procedures were available at the time to alien wives who wished to obtain travel documents to enter the United States or to travel to other countries:

1. They could obtain a passport of the country of which they were citizens.

2. If unsuccessful in obtaining a passport, they could present a travel document in lieu of a passport to obtain a visa from a U.S. diplomatic or consular officer.

3. If still unable to obtain a travel document, they could consider preparing an affidavit before a notary public and presenting it to the consuls of the countries they wished to visit.15

Certificate of Registration

Consular officers in Latin American countries were authorized by the Department of State to issue emergency certificates of registration as travel documents from the latter part of 1917

13 Stateless Persons Travel Documents, Department of State, Jan. 28, 1958. 14 Department of State Instruction of Apr. 12, 1924, to diplomatic and consular officers.

15 Hackworth, Digest of International Law, vol. III, U.S. Government Printing Office, Wash., D.C. 1942, pp. 456–465.