§ 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) [Dept. Reg. 108.475, 27 F.R. 345, Jan. 12, 1962] § 51.157 Decisions of the Board.

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

§ 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. 151c) [Dept. Reg. 108.475, 27 F.R. 345, Jan. 12, 1962]

§ 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. 151c) [Dept. Reg. 108.475, 27 F.R. 345, Jan. 12, 1962] GENERAL APPLICABILITY OF REVIEW AND APPEAL PROCEDURES

§ 51.170 Applicability of §§ 51.13851.167.

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. 151c) [Dept. Reg. 108.475, 27 F.R. 345, Jan. 12, 1962]

§ 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 of 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 marriage 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

PART 53-TRAVEL CONTROL OF CITIZENS 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 passports.

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.

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 States 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