objecting parent, legal guardian, or person in loco parentis.

[Dept. Reg. 108.541, 31 F.R. 13540, Oct. 20, 1966, as amended at 31 F.R. 14521, Nov. 11, 1966]

§ 51.28 Identity of applicant.

(a) If the applicant or any person to be included is not personally known to the official receiving the application he shall establish his identity by the submission of a previous passport, other identifying documents or by an identifying witness.

(b) If an applicant submits an application under the provisions of paragraph (c) of § 51.21 he must submit a prior passport with his application.

(c) Any official receiving an application for a passport or any Passport Issuing Office may require such additional evidence of identity as may be deemed necessary.

[Dept. Reg. 108.594, 33 F.R. 12043, Aug. 24, 1968]

§ 51.30 Persons unacceptable as wit

nesses.

The passport issuing office will not accept as witness to a passport application a person who has received or expects to receive a fee for his services in connection with executing the application or obtaining the passport.

§ 51.31 Affidavit of identifying witness. (a) An identifying witness shall execute an affidavit stating: That he resides at a specific address; that he knows or has reason to believe that the applicant is a citizen of the United States; the basis of his knowledge concerning the applicant; and that the information set out in his affidavit is true to the best of his knowledge and belief.

(b) If the witness has a U.S. passport, he shall state the place of issue and, if possible, the number and approximate date of issue.

(c) The identifying witness shall subscribe to his statement before the same person who took the passport application. [Dept. Reg. 108.541, 31 F.R. 13540, Oct. 20, 1966, as amended at 31 F.R. 14522, Nov. 11, 1966]

of the persons entitled to inclusion under § 51.5. However, a passport may not be amended to include:

(1) A person who bears or is already included in a valid passport, unless that passport is submitted for cancellation or amendment to exclude such person, or satisfactory explanation is made why the passport cannot be submitted.

(2) A person previously excluded from that same passport.

(c) Exclusion of the bearer by amendment. A passport cannot be amended to exclude the person to whom the passport was issued.

§ 51.33 Release of passport information.

Information in passport files is privileged and shall not be released except:

(a) At the request of an applicant or a person acting in his behalf for copies of documents executed or submitted by the applicant.

(b) Pursuant to a subpoena or court order directing the production of passport records.

(c) At the request of another Government agency.

(d) When expressly authorized by the Secretary.

Subpart C-Evidence of U.S.
Citizenship or Nationality

§ 51.41

Documentary evidence.

Every application shall be accompanied by evidence of the U.S. nationality of the applicant and of any other person to be extended passport services. § 51.43 Persons born in the United States applying for a passport for the first time.

(a) Primary evidence of birth in the United States. A person born in the United States in a place where official records of birth were kept at the time of his birth shall submit with the application for a passport a birth certificate under the seal of the official custodian of birth records. To be acceptable, a certificate must show the full name of the applicant, place and date of birth, and that the record thereof was recorded at the time of birth or shortly thereafter.

(b) Secondary evidence of birth in the United States. If the applicant cannot submit primary evidence of birth, he shall submit the best obtainable secondary evidence. If a person was born at a place in the United States when birth records were filed, he must submit a "no record" certification from the official custodian of such birth records before secondary evidence may be considered. The passport issuing office will consider, as secondary evidence, baptismal certificates, certificates of circumcision, or other documentary evidence created shortly after birth but not more than 5 years after birth, and/or affidavits of persons having personal knowledge of the facts of the birth.

[Dept. Reg. 108.685, 38 F.R. 4667, Feb. 20, 1973]

§ 51.44

Persons born abroad applying for a passport for the first time. (a) Naturalization in on right. A person naturalized in his own right as a U.S. citizen shall submit with his application his certificate of naturalization.

(b) Derivative citizenship at birth. (1) An applicant who claims to have derived citizenship by virtue of his birth abroad to a U.S. citizen parent or parents may submit his won certificate of citizenship (Section 1993, Revised Statutes, as amended by Act of May 24, 1934; section 201 of the Nationality Act of 1940; section 301 of the Immigration and Nationality Act of 1952).

(2) In lieu of a certificate of citizenship, the applicant may submit evidence of his parent(s)' citizenship at the time of his birth, and evidence of his and his parent(s)' residence and physical presence in the United States. The passport issuing office may require the applicant to establish the marriage of his parents and/or grandparents and his relationship to them.

(c) Derivative citizenship subsequent to birth. (1) An applicant who claims U.S. citizenship by virtue of the naturalization of his parent or parents subsequent to his birth may submit his own certificate of citizenship.

(2) In lieu of a certificate of citizenship the applicant may submit the naturalization certificate of the parent or parents through whom he claims U.S. citizenship. In this case, he must also show that he resided in the United States during minority as required by the law under which he claims citizenship.

(3) If an applicant claims citizenship through a mother who resumed citizenship or a parent who was repatriated, he must submit evidence thereof. The applicant must establish also that he resided in the United States for the period prescribed by law.

MARRIED WOMEN

§ 51.45 Marriage to an alien prior to March 2, 1907.

A woman citizen of the United States. who married an alien prior to March 2, 1907, did not lose her U.S. citizenship unless she acquired as a result of the marriage the nationality of her husband and thereafter took up a permanent residence abroad prior to September 22, 1922.

§ 51.46 Marriage to an alien between March 2, 1907, and September 22, 1922.

(a) A woman citizen of the United States who married an alien between March 2, 1907, and September 22, 1922, lost her U.S. citizenship, except as provided in paragraph (b) of this section. At the termination of the marital relation she could resume her U.S. citizenship, if abroad, by registering as a U.S. citizen within 1 year with a Consul of the United States, or by returning to reside in the United States, or, if resident in the United States, by continuing to reside therein. (Section 3 of the Act of March 2, 1907.)

(b) A woman citizen of the United States who married an alien between April 6, 1917, and July 2, 1921, did not lose her citizenship, if the marriage terminated by death or divorce prior to July 2, 1921, or if her husband became a U.S. citizen prior to that date. She may establish her citizenship by proving her U.S. citizenship prior to marriage and the termiantion of the marriage or acquisition of U.S. citizenship by her husband prior to July 2, 1921.

§ 51.47 Marriage prior to September 22, 1922, to an alien who acquired U.S. citizenship by naturalization prior to September 22, 1922.

A woman citizen of the United States who lost her citizenship by virtue of her marriage to an alien between March 2, 1907, and September 22, 1922, and who reacquired U.S. citizenship through the naturalization of her husband prior to September 22, 1922, may establish her U.S. citizenship by submitting her husband's certificate of naturalization.

§ 51.48 Marriage between September 22, 1922, and March 3, 1931, to an alien ineligible to citizenship.

A woman citizen of the United States who lost her U.S. citizenship by virtue of her marriage to an alien ineligible to citizenship between September 22, 1922, and March 3, 1931, but who reacquired her citizenship by naturalization in accordance with applicable law shall submit with her application her certificate of naturalization (sec. 3 of the Act of Mar. 3, 1931).

§ 51.49 Marriage on or after September 22, 1922, to an alien eligible to naturalization.

A woman citizen of the United States who on or after September 22, 1922, married an alien eligible for naturalization did not thereby lose her U.S. citizenship and need only submit evidence of her own citizenship before a passport issuing office.

§ 51.50 Alien born woman-marriage to citizen prior to September 22, 1922. An alien woman who acquired U.S. citizenship by virtue of her marriage to a citizen of the United States prior to September 22, 1922, shall submit with her application evidence of her husband's citizenship and of the marriage. (Section 1994 of the Revised Statutes.) CITIZENSHIP BY ACT OF CONGRESS OR TREATY

§ 51.51

Former nationals of Spain or Denmark.

Former nationals of Spain or Denmark who acquired nationality or citizenship of the United States under an act of Congress or treaty by virtue of residence in territory under the sovereignty of the United States shall submit evidence of their former nationality and of their residence in such territory.

§ 51.52 Citizenship by birth in territory under sovereignty of the United States.

A person claiming nationality or citizenship of the United States under an act of Congress or treaty by virtue of his birth in territory under the sovereignty of the United States shall submit evidence of his birth in such territory. § 51.53 Proof of resumption of U.S. citizenship.

An applicant who claims that he resumed U.S. citizenship or was repatri

ated under any of the nationality laws of the United States shall submit with the application a certificate of naturalization, a certificate of repatriation or evidence of the fact that he took an oath of allegiance in accordance with the applicable provisions of the law. (Act of June 29, 1906, as amended by Act of May 9, 1918; Act of June 25, 1936, as amended by Act of July 2, 1940, sections 317(b) and 323 of the Nationality Act of 1940 as amended by Acts of April 2, 1942, and August 7, 1946; Act of August 16, 1951, as amended by section 402(j) of the Immigration and Nationality Act of 1952; sections 324 and 327 of the Immigration and Nationality Act of 1952; Act of July 20, 1954.)

§ 51.54 Requirement of additional evidence of U.S. citizenship.

Nothing contained in §§ 51.43 through 51.53 shall prohibit the Department from requiring an applicant to submit other evidence deemed necessary to establish his U.S. citizenship or nationality. § 51.55

Return or retention of evidence of citizenship.

The passport issuing office will generally return to the applicant evidence submitted in connection with an application for passport facilities. However, the passport issuing office may retain evidence when it deems necessary.

Except as provided in § 51.63, (a) the fee for a U.S. passport is $10; (b) the execution fee for a U.S. passport is $2, which shall be remitted to the U.S. Treasury where an application is executed before a Federal official but which may be collected and retained by any State official before whom an application is executed; (c) the passport fee of $10 shall be paid by all applicants for a passport. The execution fee of $2 shall be paid only when an application is

executed under oath or affirmation before an official designated by the Secretary for such purpose.

[Dept. Reg. 108.594, 33 F.R. 12043, Aug. 24, 1968]

§ 51.62 Regulatory fees.

The Secretary may authorize the collection of additional fees in connection with passport services. Upon publication of the fees in the FEDERAL REGISTER, the passport issuing office may collect them in the same manner as statutory fees.

§ 51.63 Exemption from payment of passport or execution fee.

(a) The following persons are exempt from the payment of passport fees:

(1) An officer or employee of the U.S. proceeding abroad on official business, or the members of his immediate family authorized to accompany or reside with him abroad. The applicant shall submit evidence of the official purpose of his travel and if applicable his authorization to have dependents accompany or reside with him abroad.

(2) An American seaman who requires a passport in connection with his duties aboard an American flag-vessel.

(3) A widow, child, parent, brother, or a sister of a deceased American serviceman proceeding abroad to visit the grave of such servicemen.

(4) An employee of the United Seamen's Service who requires a passport for travel to assume or perform duties thereof. The applicant shall submit with his application a letter from the United Seamen's Service certifying that he is proceeding abroad on official business to provide facilities and services for U.S. merchant seamen.

(b) No person described in subparagraph (1), (2), (3), or (4) of paragraph (a) of this section shall be required to pay an execution fee when his application is executed before a Federal official. [Dept. Reg. 108.594, 33 F.R. 12043, Aug. 24, 1968, as amended by Dept. Reg. 108.656, 37 F.R. 6053, Mar. 24, 1972]

priate officer of a foreign government, provided that the unused passport is returned and a written request for a refund is made within 6 months of the date of issue of the passport.

(c) To any applicant whose passport is not issued.

(d) To the executor or administrator of the estate of the deceased bearer of an unused passport.

[Dept. Reg. 108.594, 33 F.R. 12043, Aug. 24, 1968]

§ 51.65 Replacement passports.

A passport issuing office shall issue a replacement passport without payment of a fee:

(a) To correct an error or rectify a mistake of the Department.

(b) When exceptional circumstances exist as determined by the Secretary. § 51.66 Execution fee not refundable. The fee for the execution of a passport application cannot be refunded. Subpart E-Limitation on Issuance or Extension of Passports 1

§ 51.70 Denial of passports.

(a) A passport, except for direct return to the United States, shall not be issued in any case in which:

(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 court order, or conditions of parole, or conditions of probation forbidding his departure from the United States; or

(3) The applicant is subject to a court order committing him to a mental institution.

(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.

(b) A passport may be refused in any case in which:

(1) The applicant has not repaid a loan received from the United States to effectuate his return from a foreign country in the course of travel abroad; or

(2) The applicant has been legally declared incompetent unless accompanied on his 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.

(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.

(6) The applicant is subject to an order of restraint or apprehension issued by an appropriate officer of the Armed Forces of the United States pursuant to chapter 47 of title 10 of the United States Code. [Dept. Reg. 108.583, 33 F.R. 5681, Apr. 12, 1968, as amended by Dept. Reg. 108.590, 33 F.R. 10281, July 18, 1968; Dept. Reg. 108.594, 33 F.R. 12043, Aug. 24, 1968; Dept Reg. 108.634, 36 F.R. 4870, Mar. 13, 1971]

U.S. passports shall cease to be valid for travel into or through such country or area unless specifically validated therefor. Any determination made under this section shall be published in the FEDERAL REGISTER along with a statement of the circumstances requiring the restriction. Unless limited to a shorter period, any such restriction shall expire at the end of 1 year from the date of publication of such notice in the FEDERAL REGISTER, unless extended or sooner revoked by the Secretary by public notice. [Dept. Reg. 108.583, 33 F.R. 5681, Apr. 12, 1968]

§ 51.73 Special validation of passport for travel to restricted areas.

(a) An application of a U.S. national for validation of his passport for travel to, in or through a restricted country or area will be considered only when such action is determined to be in the national interest of the United States.

(b) An application will be considered to be in the national interest of the United States 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 doctor or scientist in the field of medicine or public health, the purpose of whose trip is directly related to his professional responsibilities; or

(3) The applicant is a scholar with a postgraduate degree, or its equivalent, the purpose of whose trip is to obtain for public dissemination, further information in his field of research; or

(4) The applicant is a representative of the American Red Cross.

(c) In the discretion of the Secretary, an application may be considered to be in the national interest of the United States, depending upon the restricted area to be visited, the benefit to the United States of such a visit, and the applicant's need to visit the restricted area, if:

(1) The applicant, although not a reporter by profession, establishes that one of the news media has indicated an interest in publishing a report of the applicant's trip; or

(2) The applicant's activities in cultural, athletic, commercial, educational, professional, or other fields or in public affairs demonstrate that his visit to the