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$ 51.155 Duty of Board to advise Secre- as possible after receipt by the Board of

tary of State on action for disposition the applicant's appeal. of appealed cases.

(Sec. 4, 63 Stat. 111; 5 U.S.C. 1510) (Dept. It shall be the duty of the Board, on

Reg. 108.475, 27 F.R. 345, Jan. 12, 1962) the basis of the evidence on the record, to $ 51.160 Appearance. advise the Secretary of the action it finds

Any party to any proceeding before necessary and proper to the disposition

the Board may appear in person, or by of the cases appealed to it, and to this

or with his attorney, who must possess end the Board may first call for clarifi

the requisite qualifications, as hereincation of the record; make further in

after set forth, to practice before the vestigation; or take other action con

Board. sistent with its duties.

(Sec. 4, 63 Stat. 111; 5 U.S.C. 1510) (Dept. (Sec 4, 63 Stat. 111; 5 U.S.C. 1510) (Dept.

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

§ 51.161 Applicant's attorney. $ 51.156 Basis for findings of fact by the Board.

(a) Attorneys at law in good standing

who are admitted to practice before the In making or reviewing findings of

Federal courts or before the courts of fact, the Board, and all others with re

any State or Territory of the United sponsibility for so doing under 88 51.135

States may practice before the Board. to 51.154 shall be convinced by a pre

(b) No officer or employee of the Deponderance of the evidence, as would a

partment of State whose official duties trial court in a civil case. In determin

have, in fact, included participation in ing whether there is a preponderance of

the investigation, preparation, presentaevidence supporting the denial of a pass

tion, decision or review of cases of the port, the Board shall consider the en

class within the competence of the tire record before it. The Board shall

Board of Passport Appeals shall, within not take into consideration any con

two (2) years after the termination of fidential security information which is

such duties, appear as attorney in behalf not part of the record.

of an applicant in any case of such na(Sec. 4, 63 Stat. 111; 5 U.S.C. 1510) (Dept.

ture, nor shall any one appear as such Reg. 108.475, 27 F.R. 345, Jan. 12, 1962)

attorney in a case of such class if in the § 51.157 Decisions of the Board.

course of prior government service he

has dealt with any aspects of the appliDecisions shall be by majority vote.

cant's activities relevant to a determinaVoting may be either in open or closed

tion of the case. session on any question except recommendations under $ 51.155 which shall

(Sec. 4, 63 Stat. 111; 5 U.S.C. 1510) (Dept. be in closed session. Decisions under

Reg. 108.475, 27 F.R. 345, Jan. 12, 1962) $ 51.155 shall be in writing and shall be

$ 51.162 Hearings. signed by all participating members of the Board.

The record of proceedings held under (Sec. 4, 63 Stat. 111; 5 U.S.C. 1510) (Dept.

$ 51.138 shall be made available to Reg. 108.475, 27 F.R. 345, Jan. 12, 1962)

the applicant in connection with his

appeal to the Board. The applicant $ 51.158 Delivery of papers.

may appear and testify in his own beAppeals or other papers for the atten- half, be represented by counsel, present tion of the Board may be delivered per- witnesses and offer other evidence in his sonally, by registered mail, or by leaving own behalf. The Passport Office may a copy at the office of the Board at the also present witnesses and offer other address to be stated in the notification evidence. The applicant and witnesses of adverse decision furnished to the ap- may be examined by any member of the plicant by the Passport Office.

Board or by counsel. If any witness (Sec. 4, 63 Stat. 111; 5 U.S.C. 1510) (Dept.

whom the applicant wishes to call is Reg. 108.475, 27 F.R. 345, Jan. 12, 1962)

unable to appear personally, the Board $ 51.159 Notice of hearing.

may, in its discretion, accept an affidavit

by him or order evidence to be taken by An applicant shall receive not less than deposition. Such deposition may be five business days notice in writing of taken before any person designated by the scheduled date and place of hearing, the Board and such designee is hereby which shall be set for a time as soon authorized to administer oaths and

affirmations for purposes of the depositions. The applicant 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. (Sec. 4, 63 Stat. 111; 5 U.S.C. 1510) (Dept. Reg. 108.475, 27 F.R 345, Jan 12, 1962)

$ 51.163 Admissibility.

The Passport Office and the applicant 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. (Sec. 4, 63 Stat. 111; 5 U.S.C. 1510) (Dept. Reg. 108.475, 27 F.R 345, Jan 12, 1962)

$ 51.164 Privacy of hearings.

Hearings shall be private. There shall be present at the hearing only the applicant, his counsel, the members of the Board, Board's Counsel, official stenographers, Departmental employees and the witnesses. Witnesses shall be present at the hearing only while actually giving testimony, or when otherwise directed by the Board. (Sec. 4, 63 Stat. 111; 5 U.S.C. 1510) (Dept. Reg. 108.475, 27 F.R 345, Jan 12, 1962)

8 51.166 Transcript of hearings.

A complete verbatim stenographic transcript shall be made of the hearing by qualified reporters, and the transcript shall constitute a permanent part of the record. Upon request, the applicant or his counsel shall have the right to inspect the complete transcript, and to purchase a copy thereof. (Sec. 4, 63 Stat. 111; 5 U.S.C. 1510) (Dept. Reg. 108.475, 27 F.R. 345, Jan. 12, 1962) 8 51.167 Notice of decision.

The Board shall communicate to the Secretary of State the action that it recommends under $ 51.155. In taking action upon such recommendation of the Board, the Secretary shall not take into consideration any confidential security information which is not part of the record. The decision of the Secretary shall be promptly communicated in writing to the applicant. (Sec. 4, 63 Stat. 111; 5 U.S.C. 1510) (Dept. Reg. 108.475, 27 F.R. 345, Jan. 12, 1962) GENERAL APPLICABILITY OF REVIEW AND

APPEAL PROCEDURES $ 51.170 Applicability of 88 51.138

51.167. Except for action taken by reason of noncitizenship or geographical limitations of general applicability necessitated by foreign policy considerations, the provisions of $ $ 51.135 to 51.167 shall apply in any case where the person affected takes issue with the action of the Secretary in refusing, restricting, withdrawing, canceling, revoking, or in any other fashion or degree affecting the ability of such person to receive or use a passport. (Sec. 4, 63 Stat. 111; 5 U.S.C. 1510) (Dept. Reg. 108.475, 27 F.R. 345, Jan. 12, 1962)

$ 51.165 Misbehavior before Board.

If, in the course of a hearing before the Board, an applicant or attorney is guilty of misbehavior, he may be excluded from further participation in the hearing. In addition, an attorney guilty of misbehavior may be excluded from participation in any other case before the Board. (Sec. 4, 63 Stat. 111; 5 U.S.C. 1510) (Dept. Reg. 108.475, 27 F.R 345, Jan 12, 1962)

PART 52-BIRTHS AND MARRIAGES Sec. 52.1 Registration of birth abroad and cer

tification thereof. 52.2 Celebration of marriage. 52.3 Acting as oficial witness at marriage

ceremonies. 52.4 Certificate of Witness to Marriage. 52.5 Authentication of marriage and divorce

documents. 52.6 Certification to marriage laws.

AUTHORITY: The provisions of this part 52 issued under sec. 4, 63 Stat. 111, as amended; 5 U.S.C. 1510.

SOURCE: The provisions of this Part 52 appear at 22 F.R. 10835, Dec. 27, 1957, unless otherwise noted.

§ 52.1 Registration of birth abroad and

certification thereof. In order that children born abroad who are citizens of the United States may be provided with the means to establish a record of their birth, the following shall govern:

(a) Registration of birth. (1) Upon application of a parent or person in interest, consular officers are required to record the birth abroad of children who are citizens of the United States. The proof of birth may consist of, but is not limited to, an authentic copy of the registry of the birth with local authorities, a baptismal certificate, or an affidavit of the doctor or other person attending at the birth, etc. If no such proof of the birth is available, the applicant for registration of the birth must submit his affidavit explaining satisfactorily why such proof is not available and setting forth the facts relating to the birth. If satisfied as to the facts relating to the birth of the child, the consul shall record the birth.

(2) Fees for registration of birth record. At the time of the registration of birth, the consular officer shall issue to the parent or person in interest a copy of the registration record when requested and upon payment of a fee of $1.50. Additional copies of the registration of birth record shall be issued by the Authentication Officer the Department of State for and on behalf of the Secretary of State, when requested by the parent or person in interest and upon payment of the required fees, in accordance with $ 21.1 Schedule of fees of this chapter. All requests for a copy or copies of the registration of birth

record subsequent to the time of registration shall be made in accordance with $ 21.2 of this chapter.

(b) Certification of birth record. (1) At the time of registration of birth, the consular officer shall furnish to the parent or person in interest a formal Certification of Birth record without fee. This certification shall include the name, sex, place and date of birth, and date of filing of the birth registration record.

The certification form shall bear the signature of the consular officer, the date of the issuance, and the seal of the issuing office.

(2) At any time subsequent to the registration of birth, when requested and upon payment of the required fee, the Authentication Officer of the Department of State for and on behalf of the Secretary of State shall issue to the parent or person in interest a “Certification of Birth" form which shall be similar in content to that described in subparagraph (1) of this paragraph. All requests for “Certification of Birth" under the provisions of this paragraph shall be made in accordance with $ 21.2 of this chapter.

(3) Fees for certification of birth record. The fee for issuance of a Certification of Birth subsequent to the registration of birth is $2.50. The fees for additional copies are in accordance with § 21.1, Schedule of fees, of this chapter. (Dept. Reg. 108.417, 24 F.R. 8927, Nov. 3, 1959] $ 52.2

Celebration of marriage. Foreign Service officers are forbidden to celebrate marriages. $ 52.3 Acting as official witness at mar

riage ceremonies. (a) Diplomatic representative not empowered to act as official witness. A diplomatic representative is not empowered to act as an official witness at a marriage ceremony.

(b) Consular officer authorized to act as official witness. A consular officer may, when requested, act as an official witness at a marriage ceremony (see 22 U. S. C. 72), provided that one of the contracting parties is a citizen of the United States and provided the consular officer has assured himself that the requirements of the law at the place of celebration have been complied with as far as practicable. While it is not in

tended to modify in any way the principle of international law that the form of celebrating marriage is determined ordinarily by the law of the place of celebration, the following exceptions are recognized:

(1) When it is impossible to use such form;

(2) When it is repugnant to the religious convictions of the parties;

(3) When it is not imposed on foreigners by the sovereign prescribing it;

(4) When the ceremony is performed in a non-Christian or semicivilized country. (See 7 Op. Atty. Gen. 18.) $ 52.4 Certificate of Witness to Mar

riage. Whenever a consular officer witnesses a ceremony of marriage, he shall complete in every detail Form No. 87, Certificate of Witness to Marriage, affix thereto the seal of the consulate, certify that the marriage took place in his presence, and sign such certificate. (See 22 U.S.C. 72.) $ 52.5 Authentication of marriage and

divorce documents. 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."

The same statement shall be included in certificates of authentication accompanying decrees of divorce. $ 52.6

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

PART 53-TRAVEL CONTROL OF CITI

ZENS AND NATIONALS IN TIME OF
WAR OR NATIONAL EMERGENCY

AMERICAN CITIZENS AND NATIONALS Sec. 53.1 Definition of the term “United States”. 53.2 Limitations upon travel. 53.3 Exceptions to regulations in $ 53.2. 53.4 Persons considered as bearing pass

ports. 53.5 Prevention of departure from or entry

into the United States. 53.6 Attempt of a citizen or national to

enter without a valid passport. 53.7 Optional use of a valid passport. 53.8 Discretional exercise of authority in

passport matters. AUTHORITY: The provisions of this part 53 issued under sec. 215, 66 Stat. 190; 8 U.S.C. 1185, except as otherwise noted.

SOURCE: The provisions of this part 53 appear at 22 F.R. 10836, Dec. 27, 1957, unless otherwise noted.

§ 53.1 Definition of the term “United

States”. The term "United States" as used in this part includes the Canal Zone, and all territory and waters, continental or insular, subject to the jurisdiction of the United States. § 53.2

Limitations upon travel. No citizen of the United States or person who owes allegiance to the United States shall depart from or enter into or attempt to depart from or enter into any part of the United States as defined in $ 53.1, unless he bears a valid passport which has been issued by or under authority of the Secretary of State or unless he comes within one of the exceptions prescribed in § 53.3. $ 53.3 Exceptions to regulations in

§ 53.2. No valid passport shall be required of a citizen of the United States or of a person who owes allegiance to the United States:

(a) When traveling between the continental United States and the State of Hawaii, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam, or between any such places; or

(b) When traveling between the United States and any country, territory or island adjacent thereto in North, Central, or South America, excluding Cuba: Provided, That this exception shall not be applicable to any such per

son when traveling to or arriving from a place outside the United States for which a valid passport is required under this part, if such travel is accomplished via any country or territory in North, Central, or South America or any island adjacent thereto: And provided also, That this section shall not be applicable to any seaman except as provided in paragraph (c) of this section; or

(c) When departing from or entering the United States in pursuit of the vocation of seaman: Provided, That the person is in possession of a specially validated United States merchant mariner's document issued by the United States Coast Guard; or

(d) When departing from or entering into the United State as an officer or member of the enlisted personnel of the United States Army or the United States Navy on a vessel operated by the United States Army or the United States Navy; or

(e) When traveling as a member of the Armed Forces of the United States or a civil employee of the Department of Defense between the continental United States, the Canal Zone, and all territories, continental or insular, subject to the jurisdiction of the United States, and any foreign country or territory for which a valid passport is required under the regulations in this part: Provided, That he is in possession of a document of identification issued for such purposes by the Department of Defense; or

(f) When traveling as an air crewman on board an American aircraft which is engaged in commercial air-transport service for the carriage of goods, passengers, or mail between the United States and a foreign country: Provided, That he is in possession of an identification card issued by the Civil Aeronautics Board which complies with the International Civil Aviation Organization requirements; or

(g) When the citizen or person is:

(1) A child under 12 years of age who is departing from the United States and is included in the foreign passport of an alien parent, or

(2) A child under 21 years of age of an official or employee of a foreign government, or the United Nations, and who is in possession of or included in a foreign passport;

(h) When specifically authorized by the Secretary of State through appropriate official channels, to depart from or

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