22 C.F.R. Subpart E—Limitations on Issuance or Use of Passports
Title 22 - Foreign Relations
(a) A passport, except for direct return to the United States, shall not be issued in any case in which the Secretary of State determines or is informed by competent authority that: (1) The applicant is the subject of an outstanding Federal warrant of arrest for a felony, including a warrant issued under the Federal Fugitive Felon Act (18 U.S.C. 1073); or (2) The applicant is subject to a criminal court order, condition of probation, or condition of parole, any of which forbids departure from the United States and the violation of which could result in the issuance of a Federal warrant of arrest, including a warrant issued under the Federal Fugitive Felon Act; or (3) The applicant is subject to a court order committing him or her to a mental institution; or (4) The applicant is the subject of a request for extradition or provisional arrest for extradition which has been presented to the government of a foreign country; or (5) The applicant is the subject of a subpoena issued pursuant to section 1783 of title 28, United States Code, in a matter involving Federal prosecution for, or grand jury investigation of, a felony; or (6) The applicant has not repaid a loan received from the United States as prescribed under §§71.10 and 71.11 of this chapter; or (7) The applicant is in default on a loan received from the United States to effectuate his or her return from a foreign country in the course of travel abroad; or (8) The applicant has been certified by the Secretary of Health and Human Services as notified by a State agency under 42 U.S.C. 652(k) to be in arrears of child support in an amount exceeding $5,000.00. (b) A passport may be refused in any case in which the Secretary of State determines or is informed by competent authority that: (1) The applicant has not repaid a loan received from the United States to effectuate his or her return from a foreign country in the course of travel abroad; or (2) The applicant has been legally declared incompetent unless accompanied on his or her travel abroad by the guardian or other person responsible for the national's custody and well being; or (3) The applicant is under the age of 18 years, unmarried and not in the military service of the United States unless a person having legal custody of such national authorizes issuance of the passport and agrees to reimburse the United States for any monies advanced by the United States for the minor to return to the United States; or (4) The Secretary determines that the national's activities abroad are causing or are likely to cause serious damage to the national security or the foreign policy of the United States; or (5) The applicant has been the subject of a prior adverse action under this section or §51.71 and has not shown that a change in circumstances since the adverse action warrants issuance of a passport; or (6) The applicant is subject to an order of restraint or apprehension issued by an appropriate officer of the United States Armed Forces pursuant to chapter 47 of title 10 of the United States Code. [54 FR 8531, Mar. 1, 1989, as amended at 62 FR 62695, Nov. 25, 1997] (a) A passport shall not be issued in any case in which the Secretary of State determines or is informed by competent authority that the applicant is subject to imprisonment or supervised release as the result of a felony conviction for a Federal or state drug offense if the individual used a U.S. passport or otherwise crossed an international border in committing the offense, including a felony conviction arising under: (1) The Controlled Substances Act (21 U.S.C. 801 et seq.) or the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.); or (2) Any Federal law involving controlled substances as defined in section 802 of the Controlled Substances Act (21 U.S.C. 801 et seq.); or (3) The Bank Secrecy Act (31 U.S.C. 5311 et seq.) or the Money Laundering Act (18 U.S.C. 1956 et seq.) if the Secretary of State is in receipt of information that supports the determination that the violation involved is related to ilicit production of or trafficking in a controlled substance; or (4) Any state law involving the manufacture, distribution, or possession of a controlled substance. (b) A passport may be refused in any case in which the Secretary of State determines or is informed by competent authority that the applicant is subject to imprisonment or supervised release as the result of a misdemeanor conviction of a Federal or state drug offense if the individual used a U.S. passport or otherwise crossed an international border in committing the offense, other than a first conviction for possession of a controlled substance, including a misdemeanor conviction arising under: (1) The federal statutes described in §51.71(a); or (2) Any state law involving the manufacture, distribution, or possession of a controlled substance. (c) Notwithstanding paragraphs (a) and (b) of this section the Secretary of State may issue a passport when the competent authority confirms, or the Secretary of State otherwise finds, that emergency circumstances or humanitarian reasons exist. [54 FR 8532, Mar. 1, 1989] A passport may be revoked or restricted or limited where: (a) The national would not be entitled to issuance of a new passport under §51.70 or §51.71; or (b) The passport has been obtained illegally, by fraud, or has been fraudulently altered, or has been fraudulently misused, or has been issued in error; or (c) The Department of State is notified that a certificate of naturalization issued to the applicant for or bearer of the passport has been canceled by a federal court. [54 FR 8532, Mar. 1, 1989, as amended at 64 FR 19714, Apr. 22, 1999] (a) Unless specifically validated therefore, U.S. passports shall cease to be valid for travel into or through a country or area which the Secretary has determined is: (1) A country with which the United States is at war, or (2) A country or area where armed hostilities are in progress; or (3) A country or area in which there is imminent danger to the public health or physical safety of United States travelers. (b) Any determination made under paragraph (a) of this section shall be published in the (c) Unless limited to a shorter period, any such restriction shall expire at the end of one year from the date of publication of such notice in the [45 FR 11128, Feb. 20, 1980. Redesignated at 54 FR 8532, Mar. 1, 1989] (a) A United States National wishing a validation of his passport for travel to, in, or through a restricted country or area may apply for a special validation to the Office of Passport Services, a passport agency, or a foreign service post authorized to issue passports. The application shall be accompanied by evidence that the applicant falls within the standards set out in paragraph (c) of this section. (b) The Assistant Secretary of State for Consular Affairs or an authorized designee of that official shall decide whether or not to grant a special validation. The special validation shall be granted only when such action is determined to be in the national interest of the United States. (c) An application may be considered if: (1) The applicant is a professional reporter, the purpose of whose trip is to obtain, and make available to the public, information about the restricted area; or (2) The applicant is a representative of the American Red Cross; or (3) The applicant establishes that his or her trip is justified by compelling humanitarian considerations; or (4) The applicant's request is otherwise in the national interest. (Sec. 1, 44 Stat. 887, as amended (22 U.S.C. 211a); sec. 4, 63 Stat. 111, as amended (22 U.S.C. 2658); E.O. 11295, 36 FR 10603; 3 CFR 1966–70 Comp., 507; E.O. 12211, 45 FR 26685) [45 FR 30619, May 9, 1980. Redesignated at 54 FR 8532, Mar. 1, 1989] Any person whose application for issuance of a passport has been denied, or who has otherwise been the subject of an adverse action taken on an individual basis with respect to his or her right to receive or use a passport shall be entitled to notification in writing of the adverse action. The notification shall set forth the specific reasons for the adverse action and the procedures for review available under §§51.81 through 51.105. (22 U.S.C. 2658 and 3926) [33 FR 12043, Aug. 24, 1968, as amended at 49 FR 16989, Apr. 23, 1984] The bearer of a passport which is revoked shall surrender it to the Department or its authorized representative upon demand and upon his or her refusal to do so such passport may be invalidated by notifying the bearer in writing of the invalidation. (22 U.S.C. 2658 and 3926) [31 FR 13540, Oct. 20, 1966, as amended at 49 FR 16989, Apr. 23, 1984]
Title 22: Foreign Relations
PART 51—PASSPORTS
Subpart E—Limitations on Issuance or Use of Passports
§ 51.70 Denial of passports.
§ 51.71 Denial of passports to certain convicted drug traffickers.
§ 51.72 Revocation or restriction of passports.
§ 51.73 Passports invalid for travel into or through restricted areas.
§ 51.74 Special validation of passports for travel to restricted areas.
§ 51.75 Notification of denial or withdrawal of passport.
§ 51.76 Surrender of passport.
