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or by the clerks of courts before whom they are executed. $ 51.106 Transmission of applications

by special delivery or air mail. An applicant who so requests may have his application transmitted to this Department at his own risk by special delivery or air mail. For this purpose he must furnish the passport agent or clerk of the court taking the application with a special delivery stamp or sufficient air mail stamps.

ing, renewing, extending, amending, restricting, or withdrawing passports, additional to the rules in this part and not inconsistent therewith. Subpart B-Regulations of the Secre

tary of State AUTHORITY: The provisions of this Subpart B issued under sec. 1, 44 Stat. 887; 22 U.S.C. 211a, E.O. 7856, 3 F.R. 799, except as otherwise noted,

SOURCE: The provisions of this Subpart B contained in Departmental Order 749 (DR 299-9), Mar. 31, 1938, unless otherwise noted. Redesignated by Departmental Regulation 108.77, 13 F.R. 6349, Oct. 29, 1948. § 51.101 Passport agents of the Depart.

ment of State. Agents of the Department of State authorized to take applications for passports and perform passport services in the United States are stationed at Miami, New York, San Francisco, and in the Department of State at Washington. (8 F. R. 7307, June 2, 1943. Redesignated by Dept. Reg. 108.77, 13 F. R. 6349, Oct. 29, 1948; further redesignated at 13 F. R. 8291, Dec. 24, 1948) 8 51.102 Photographs.

Diplomatic, official or dependent passports issued or amended outside the United States do not require photographs for children, born abroad, who are under 5 years of age and who are included in their parents' passport. (Dept. Reg. 108.516, 30 F.R. 2399, Feb. 24,

1965)

$ 51.107 Immediate action upon appli

cation. If there is a valid reason for immediate action upon any application, a brief statement to that effect by the officer before whom the application is executed may be endorsed on the face of the application. 8 51.108 Transmission to applicant by

registered mail. As a rule a passport will be forwarded to the applicant by registered mail, directed to the address given in the application, except that a passport will not be forwarded to a hotel unless the hotel is the applicant's place of permanent residence, which fact should be set forth in a supplementary statement, or unless the applicant sets forth in a supplementary statement a reason for sending the passport to a hotel other than that in which he may reside, making it clear that it is unlikely that if the passport is sent to the hotel named it would be lost. In such an exceptional case the passport will be forwarded at the risk of the applicant. $ 51.109 Transmission to applicant by

special delivery or air mail. On the request of the applicant, a passport which has been issued, or a passport which has been submitted for amendment or extension, will be forwarded to the applicant by special delivery or air mail at the applicant's risk, provided there is attached to the application sufficient special delivery or air mail stamps. If the applicant desires the passport forwarded by air mail a registry stamp should also be forwarded. If stamps are not enclosed when it is desired that the passport be forwarded by air mail or special delivery, a separate money order should be enclosed covering postage. The cost of postage should not

$ 51.103 Blank forms.

Blank forms of applications for use in applying for passports will be furnished, on request, without charge, by the Department of State to persons who wish to apply for passports. 8 51.104 Blank forms supplied to pass

port agents. Passport agents of the Department of State and clerks of courts authorized to take passport applications should, upon request, be supplied with the necessary blank forms of application for passports. $ 51.105 Transmission of applications

by registered mail. Applications after being properly prepared and executed should be sent by registered mail directly to the Passport Division, Department of State, Washington, D.C., 20524, by the passport agents

51-037 0-66—9

123

be included in the money order covering charge for the issue of an original passport the passport or renewal fee.

shall be $9. § 51.110 Surrender of old passports.

$ 51.116 Passports valid for 2 years;

restricted periods. An applicant for a new passport who holds an expired or an unexpired pass

Hereafter passports will be issued port issued on or after January 3, 1918, valid for a period of 2 years from the should submit the old passport to the

date of their issue. They may, however, official before whom he executes his ap

be restricted in validity to a period of plication for a new passport.

less than 2 years from the date of issue.

A passport wnich has been restricted for § 51.111 Method of cancellation.

a period of less than 2 years shall not Old passports submitted to clerks of

be extended by a passport agent, the courts by native citizens may be canceled

chief executive of one of the outlying by cutting off with scissors about 1 inch

possessions of the United States, the of the lower outer corners of both covers

United States High Commissioner to the and all the pages of the passport.

Philippine Islands, or by an American

diplomatic or consular officer, except § 51.112 Notation of cancellation.

upon the express authorization of the A notation of the cancellation, giving

Department of State. the date, number, and place of issue of § 51.117 Period of validity of renewed the canceled passport, should be made on

passports. the margin of the new application.

A passport which was issued within § 51.113 Old passports of naturalized the period of 4 years prior to applicitizens.

cation for renewal may be renewed but An old passport held by a person who

in any case where a person fails to apply claims citizenship through naturalization

for renewal of his passport prior to or should be attached to the application for

immediately after the expiration of the

original period of validity of his passa new passport and forwarded to the

port, his passport, when renewed, shall Department for cancellation.

not extend beyond a period of 4 years § 51.114 Inability to present old pass- from the original date of issue. The port for surrender.

validity of the renewal of a passport If the applicant for a new passport is

may be restricted to a period of less than unable to present for cancellation or sur

2 years and a passport so limited may not render a previous passport, issued since

be extended except upon the express auJanuary 2, 1918, which has expired, he

thorization of the Department of State. should state in his application the dis- § 51.118 Fee for renewal. position of the passport. If the previous

The fee for the renewal of a passport passport is still valid, the applicant

is $5. should submit a separate statement, under oath, setting forth in circumstan- § 51.119 No fee for extension of passtial detail the disposition of the passport. port to make it valid for 2 years from

date of issue, etc. § 51.115 Section 2 of the act of May 16, 1932; period of validity.

No fee shall be collected for the ex

tension of a passport to make it valid for Section 2 of the act of May 16, 1932

a period of 2 years from the date of issue (47 Stat. 157; 22 U.S.C. 217a), provides

where it was originally issued valid for a in part as follows:

period of less than 2 years. No fee shall Sec. 2. That the validity of a pass- be collected for the extension of a passport

shall be limited to a period port which has been renewed to make it of two years: Provided, That a passport may valid for more than 2 but less than 4 be renewed under regulations prescribed by

years from the date of issue. the Secretary of State for a period, not to exceed two years, upon payment of a fee of § 51.120 Minor child. $5 for such renewal, but the final date of expiration shall not be more than four years

When an application is made for a from the original date of issue: Provided

passport to include a minor child who further, That the Secretary of State may

will attain majority before the expiralimit the validity of a passport

tion of the period of 2 years from the the period of renewal of a passport to less date of issue, the passport shall be limthan two years: Provided further, That the ited in validity to the date upon which

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such child will attain majority. An ex- 51.126 Section 1 of the act of June 4, ception may be made to this rule when

1920; fee for executing an applicathe child will attain majority within tion for a passport. a period not exceeding 3 months prior

Section 1 of the act of June 4, 1920 (41 to the date of expiration of the 2-year period. The two preceding sentences

Stat. 750; 22 U.S.C. 214), reads in part

as follows: shall be applicable to a case where application is made for the renewal of a That nothing herein contained shall be passport which includes a minor child

construed to limit the right of the Secretary who will attain majority before 4 years

of State by regulation to authorize the reten

tion by State oficials of the fee of $1 for from the date of the original issue of the

executing an application for a passport. passport.

§ 51.127 Fees to be retained by clerks $ 51.121 Remaining validity of more of courts other than Federal courts. than 6 months.

Clerks of courts other than Federal Passports having a remaining validity

courts, who are authorized to take appliof more than 6 months should not be

cations for passports, are hereby authorrenewed unless special circumstances ized to collect and retain a fee of $2.00 warrant exceptional procedure.

for executing each application for a pass§ 51.122 Requests for renewal.

port. This fee shall be in addition to the

passport fee of $9.00. They may not Requests for renewal may be made by

charge nor retain more than that personal application or letter addressed

amount for executing an application for to the Department of State or to a pass

a passport. This regulation does not in port agent of the Department of State.

any manner restrict the right of any 8 51.123 Passport to accompany request

State to make laws or regulations confor renewal.

cerning the disposition of fees retained

by clerks of State courts for executing Each request for renewal should be accompanied by the passport desired to

applications for passports. be renewed.

(Dept. Reg. 108.284, 21 F. R. 2377, Apr. 12,

1956) § 51.124 Requests for the extension of the validity of a passport to the two

§ 51.128 Section 4 of the act of June 4, or four-year period.

1920; refunds of passport fees. A person in the United States who has

Section 4 of the act of June 4, 1920 (41 been issued a passport the original period

Stat. 751; 22 U.S.C. 216), reads in part of validity of which was restricted to

as follows: less than 2 years from the date of issue Whenever the appropriate officer within or whose passport when renewed be- the United States of any foreign country yond the original period of 2 years was

refuses to visé a passport issued by the restricted to less than 4 years from the

United States, the Department of State is date of issue and who desires to apply for

hereby authorized upon request in writing an extension of the validity of such pass

and the return of the unused passport within

6 months from the date of issue to refund to port to the 2- or 4-year period, as the

the person to whom the passport was issued case may be, should communicate with

the fees which have been paid to Federal the Department of State, unless he re- officials, and the money for that purpose is sides in a place where there is an agent hereby appropriated and directed to be paid of the Department of State, in which

upon the order of the Secretary of State. case the application for extension may

§ 51.129 Return of passport fees. be forwarded through such agent.

A person who desires to have the fee or § 51.125 Applicant for renewal to sub- fees paid to a Federal official or officials mit documentary evidence of the

for a passport returned to him because of necessity of his journey abroad.

his inability to secure the necessary visa An applicant for the renewal or ex- must return his unused passport to the tension of his passport may be required Department of State within 6 months to submit satisfactory documentary evi- from the date of issue of the passport dence of the necessity and purpose of his and submit therewith a signed request journey abroad.

for refund. The request must contain a

statement to the effect that he has ap- which may appear in the application or plied for a visa and that the visa has any further information concerning the been refused, and should state the rea- applicant which the Department may sons, if any, assigned for the refusal of

deem necessary. the visa. If such person has received a statement in writing from a foreign offi

$ 51.133 Address of communications. cial refusing to visa his passport, the Communications should be addressed statement should be submitted to this to the Department of State, Passport Department as evidence of the refusal of Division, Washington, D.C., 20524. Each the visa.

communication should give the post

office address of the person to whom the § 51.130 Fees errone neously collected.

answer is to be directed. Section 3 of the act of July 3, 1926 (44 Stat. 887; 22 U. S. C. 214a); provides in part as follows:

§ 51.134 Applications to be made out

completely on most recent forms. That whenever a fee is erroneously charged and paid for the issue of a passport to a

Application for passports should be person who is exempted from the payment

made on the most recent form or forms of such a fee by section 1 of "An act making

prepared by the Department of State appropriations for the Diplomatic and Con- and should contain complete informasular Service for the fiscal year ending June tion called for in such form or forms. 30, 1921," approved June 4, 1920 (Forty-first Statutes, page 750), the Department of State § 51.135 Denial of passports to memis hereby authorized to refund to the person bers of Communist organizations. who paid such fee the amount thereof, and the money for that purpose is hereby au

A passport shall not be issued to, or thorized to be appropriated.

renewed for, any individual who the is

suing officer knows or has reason to beWhen a fee has been erroneously col

lieve is a member of a Communist orlected from any person who is exempted

ganization registered or required to be from the payment of the fee for the issue

registered under section 7 of the Subof a passport, he or she may submit the

versive Activities Control Act of 1950 as matter in writing to the Department of amended. (50 U.S.C., sec. 786.) State and at the same time submit such

(Sec. 4, 63 Stat. 111; 5 U.S.C. 1510) (Dept. evidence as is required by the rules gov

Reg. 108.475, 27 F.R. 344, Jan. 12, 1962) erning the granting and issuing of passports in the United States (Subpart A

$ 51.136 Limitations on issuance of passof this part) to show that he or she is

ports to certain other persons. exempted from the payment of such fee. In order to promote and safeguard

the interests of the United States, pass§ 51.131 Inquiries concerning applications submitted.

port facilities, except for direct and im

mediate return to the United States, The Department of State will act upon shall be refused to a person when it apapplications as promptly as possible after pears to the satisfaction of the Secretary their receipt. Inquiry concerning ap- of State that the person's activities plications should be made only in cases abroad would: (a) Violate the laws of of emergency, since the time consumed

the United States; (b) be prejudicial to in responding to such inquiries neces- the orderly conduct of foreign relations; sarily retards the examination of appli- or (c) otherwise be prejudicial to the cations. However, in such emergency interests of the United States. cases inquiry should be made directly to

(Sec. 4, 63 Stat. 111; 5 U.S.C. 1510) (Dept. the Department of State by the appli- Reg. 108.475, 27 F.R. 344, Jan. 12, 1962] cant.

8 51.137 Tentative denial of passports $ 51.132 Applications to be submitted and available administrative prosufficiently far in advance.

cedures. Application should be submitted suffi- Any person whose application for a ciently far in advance of the date upon passport or renewal of a passport has which a passport is required to permit been tentatively denied under $ 51.135 or the Department to communicate, when § 51.136 shall be entitled to a notification necessary, with the applicant or other in writing of the tentative denial. The persons concerning the citizenship of the notification shall set forth clearly and applicant or with respect to any defects concisely the specific reasons for the denial and the procedures for review port Appeals, hereinafter referred to as available to the applicant.

the Board, composed of not less than (Sec. 4, 63 Stat. 111; 5 U.S.C. 1510) (Dept.

three officers of the Department to be Reg. 108.475, 27 F.R. 344, Jan. 12, 1962) designated by the Secretary of State.

The Board shall act on all appeals under $ 51.138 Procedure for review of tenta- $ 51.139. The Board shall adopt and tive denial.

make public rules of procedure to be (a) A person whose application for a

approved by the Secretary. passport or renewal of a passport has

(Sec. 4, 63 Stat. 111; 5 U.S.C. 1510) (Dept. been tentatively denied in accordance

Reg. 108.475, 27 F.R. 344, Jan. 12, 1962] with $ 51.135 or $ 51.136 shall be en- § 51.151 Organization of Board. titled, upon request, and before the

The Board of Passport Appeals shall denial becomes final, to present to the

consist of three or more members desigPassport Office any information he deems

nated by the Secretary of State, one of relevant to support his application. He whom shall be designated by the Secreshall be entitled to appear in person tary as Chairman. The Chairman shall before a Hearing Officer in the Passport

assure that there is assigned to hear the Office; to be represented by counsel; to

appeal of any applicant a panel of not present evidence; to be informed of the

less than three members including himevidence upon which the Passport Office

self or his designee as presiding officer, relied as a basis for the tentative denial;

which number shall constitute a quorum. to be informed of the source of such evi

(Sec. 4, 63 Stat. 111; 5 U.S.C. 1510) (Dept. dence; and to confront and cross

Reg. 108.475, 27 F.R. 345, Jan. 12, 1962) examine adverse witnesses. (b) The applicant shall, upon request

§ 51.152 Chairman. by the Hearing Officer, confirm his oral The Chairman, or his designee, shall statements in an affidavit for the record.

preside at all hearings of the Board, and After the applicant has presented his shall be empowered in all respects to regcase, the Passport Office shall review the

ulate the course of the hearings and to record and advise the applicant of its pass upon all issues relating thereto. decision. In making its decision, the The Chairman, or his designee, shall be Passport Office shall not take into con- empowered to administer oaths and sideration confidential security informa

affirmations. tion that is not made available to the (Sec. 4, 63 Stat. 111; 5 U.S.C. 1510) (Dept. applicant in accordance with paragraph Reg. 108.475, 27 F.R. 345, Jan. 12, 1962) (a) of this section. If the decision is $ 51.153 Counsel to the Board. adverse to the applicant, he shall be

A counsel, to be designated by the notified in writing, and the notification

Secretary of State, shall be responsible shall state the reasons for the decision.

to the Board for the schedule and presSuch notification shall also inform the

entation of cases; for assistance in legal applicant of his right to appeal to the

and procedural matters; for providing Board of Passport Appeals under

information to the applicant as to his $ 51.139.

procedural rights before the Board; for (Sec. 4, 63 Stat. 111; 5 U.S.C. 1510) [Dept.

maintenance of records; and for such Reg. 108.475, 27 F.R. 344, Jan. 12, 1962)

other duties as the Board, or the Chair§ 51.139 Appeal by passport applicant. man on its behalf, may determine. In the event of a decision adverse to

(Sec. 4, 63 Stat. 111; 5 U.S.C. 1510) (Dept. the applicant, he shall be entitled within

Reg. 108.475, 27 F.R. 345, Jan. 12, 1962] thirty days after receipt of notice of such $ 51.154 Examiner. decision to appeal his case to the Board

The Board may, in its discretion, apof Passport Appeals provided for in

point an examiner in any case, who may, $ 51.150.

with respect to such case be vested with (Sec. 4, 63 Stat. 111; 5 U.S.C. 1510) (Dept.

any or all authority vested in the Board Reg. 108.475, 27 F.R. 344, Jan. 12, 1962]

or the Chairman, subject to review and BOARD OF PASSPORT APPEALS

final decision by the Board, but an ap$ 51.150 Creation

plicant shall not be denied an oppor

of and functions

tunity for a hearing before the Board Board of Passport Appeals.

unless he expressly waives it. There is hereby established within the

(Sec. 4, 63 Stat. 111; 5 U.S.C. 1510) (Dept. Department of State a Board of Pass

Reg. 108.475, 27 F.R. 345, Jan. 12, 1962]

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