receive or use a passport except action taken by reason of noncitizenship or refusal to grant a discretionary exception from geographical limitations of general applicability. The provisions of this subpart shall constitute the administrative remedies provided by the Department to persons who are the subject of adverse action under §51.70 or §51.71.

[Dept. Reg. 108.583, 33 FR 5681, Apr. 12, 1968]

§51.81 Time limits on hearing to review adverse action.

A person who has been the subject of an adverse action with respect to his right to receive or use a passport shall be entitled, upon request made within 60 days after receipt of notice of such adverse action, to require the Department or the appropriate Foreign Service post, as the case may be, to establish the basis for its action in a proceeding before a hearing officer. If no such request is made within 60 days, the adverse action will be considered final and not subject to further administrative review. If such request is made within 60 days, the adverse action shall be automatically vacated unless such proceeding is initiated by the Department or the appropriate Foreign Service post, as the case may be, within 60 days after request, or such longer period as is requested by the person adversely affected and agreed to by the hearing officer.

$51.82 Notice of hearing.

The person adversely affected shall receive not less than 5 business days' notice in writing of the scheduled date and place of the hearing.

$51.83 Functions of the hearing officer.

The hearing officer shall act on all requests for review under $51.81. He shall make findings of fact and submit recommendations to the Administrator of the Bureau of Security and Consular Affairs. In making his findings and recommendations, the hearing officer shall not consider confidential security information unless that information is made available to the person adversely affected and is made part of the record of the hearing.

$51.84 Appearance at hearing.

The person adversely affected may appear at the hearing in person or with his attorney, or by his attorney. The attorney must possess the qualifications prescribed for practice before the Board of Appellate Review or be admitted to practice before the courts of the country in which the hearing is to be held.

[Dept. Reg. 108.637, 36 FR 9068, May 19, 1971]

$51.85 Proceedings before the hearing officer. The person adversely affected may appear and testify in his own behalf and may himself, or by his attorney, present witnesses and offer other evidence and make argument. If any witness whom the person adversely affected wishes to call is unable to appear in person, the hearing officer may, in his discretion, accept an affidavit by the witness or order evidence to be taken by deposition. The person adversely affected shall be entitled to be informed of all the evidence before the hearing officer and of the source of such evidence, and shall be entitled to confront and cross-examine any adverse witness. The person shall, upon request by the hearing officer, confirm his oral statements in an affidavit for the record.

$51.86 Admissibility of evidence.

The person adversely affected and the Department may introduce such evidence as the hearing officer deems proper. Formal rules of evidence shall not apply, but reasonable restrictions shall be imposed as to relevancy, competency and materiality of evidence presented.

$51.87 Privacy of hearing.

The hearing shall be private. There shall be present at the hearing only the person adversely affected, his attorney, the hearing officer, official stenographers, employees of the Department directly concerned with the presentation of the case, and the witnesses. Witnesses shall be present at the hearing only while actually giving testimony or when otherwise directed by the hearing officer.

$51.88 Transcript of hearing.

A complete verbatim stenographic transcript shall be made of the hearing by a qualified reporter, and the transcript shall constitute a permanent part of the record. Upon request, the appellant or his counsel shall be entitled to inspect the complete transcript and to purchase a copy thereof.

$51.89 Decision of Administrator of the Bureau of Security and Consular Affairs. The person adversely affected shall be promptly notified in writing of the decision of the Administrator of the Bureau of Security and Consular Affairs and, if the decision is adverse to him, the notification shall state the reasons for the decision and inform him of his right to appeal to the Board of Appellate Review under $51.90.

[Dept. Reg. 108.574, 32 FR 16259, Nov. 29, 1967]

58-083 77-14

$51.90 Time limit on appeal to Board of Appellate Review.

A person who has been subject of an adverse decision under $51.89 shall be entitled, upon request made within 30 days after the receipt of notice of such decision, to appeal the decision to the Board of Appellate Review. If no appeal is made within 30 days, the decision will be considered final and not subject to further administrative review.

[Dept. Reg. 108.574, 32 FR 16259, Nov. 29, 1967]

$51.91 Composition of the Board of Appellate Review in Passport Cases.

The Board of Appellate Review (Part 7 of this Title 22) when considering an appeal under $51.90 shall consist of one Regular Member and two ad hoc members. The two ad hoc members shall be selected from a panel of five officers of the Department designated by the Deputy Under Secretary of State for Administration. Such officers shall be attorneys. [Dept. Reg. 108.574, 32 FR 16259, Nov. 29, 1967] $51.92

Chairman.

One of the members of the Board shall be designated by the Deputy Under Secretary of State for Administration as Chairman. The Chairman shall insure that there is a quorum, including himself or his designee, to hear an appeal. The Chairman or his designee shall preside at all hearings of the Board and shall be empowered in all respects to regulate the conduct of the hearing and to pass on all issues relating thereto. The Chairman or his designee shall be empowered to administer oaths and affirmations.

[Dept. Reg. 108.574, 32 FR 16259, Nov. 29, 1967] $51.94 Functions of the Board.

The Board shall act on all appeals under $51.90 and shall take any action necessary and proper to the disposition of the cases appealed to it. The Board may adopt and make public rules of procedure approved by the Secretary. [Dept. Reg. 108.574, 32 FR 16259, Nov. 29, 1967] $51.95 Scope of review on appeal.

In hearing an appeal, the Board shall review the record of the hearing held under §§51.8151.89. The Board shall not receive or consider evidence or testimony not presented at that hearing unless it shall determine that such evidence or testimony could not, by reasonable diligence, have been presented at the hearing. In reaching decision, the Board shall not take into consideration any confidential security information which is not part of the record.

$51.96 Notice of hearing on appeal.

An appellant shall receive not less than 5 business days' notice in writing of the scheduled date and place of any hearing on his appeal, which shall be set for a time as soon as possible after receipt by the Board of the appeal. Hearings will be held at the Department of State Washington, D.C., unless the

Board determines otherwise.

$51.97 Appearance at hearing on appeal.

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.

$51.98 Appellant'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 the appellant's case shall, within two (2) years after the termination of such duties, appear as attorney in behalf of the appellant in any case of such nature, nor shall any one appear as such attorney in the case if in the course of prior government service he has dealt with any aspects of the appellant's activities relevant to a determination of the case. $51.99 Proceedings before the Board.

The record of the hearing held under §§51.81-51.89 shall be made available to the appeallant in connection with his appeal to the Board. Subject to the provisions of §51.95, the appellant and the Passport Office may present witnesses and offer other evidence and make argument. The appellant and any witnesses appearing before the Board may be examined by any member of the Board or by counsel. The appellant 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 appearing before the Board.

§51.100 Admissibility of evidence on appeal.

Subject to the provisions of §51.95, the Passport Office and the appellant may introduce such evidence as the Board deems proper. Formal rules of evidence shall not apply, but reasonable restrictions shall be im

posed as to the relevancy, competency and materiality of evidence presented.

§51.101 Privacy of hearing.

Unless otherwise requested by the person adversely affected, the hearing shall be private. There shall be present at the hearing only the appellant, his counsel, the members of the Board, official stenographers, Departmental employees directly concerned with the presentation of the case, and the witnesses. Witnesses shall be present at the hearing only while actually giving testimony or when otherwise directed by the Board.

[Dept. Reg. 108.574, 32 FR 16260, Nov. 29, 1967]

$51.102 Transcript of hearing.

A complete verbatim stenographic transcript shall be made of the hearing by a qualified reporter, and the transcript shall constitute a permanent part of the record. Upon request, the appellant or his counsel shall be entitled to inspect the complete transcript and to purchase a copy thereof.

$51.103 Decision of the Board.

The decision shall be by majority vote, in writing, and shall set out with particularity the findings of fact and conclusions of law on which it is based.

$51.104 Finality of decision.

The decision of the Board shall be final unless:

(a) The Secretary directs the Board to refer the case to him for decision; or

(b) The Board by majority vote decides to refer its findings and conclusions to the Secretary for decision.

Foreign Service officers are forbidden to celebrate marriages.

$52.2 Official witness at marriage ceremony.

(a) Diplomatic representative. A diplomatic representative shall not act as an official witness at a marrage ceremony.

(b) Consular officer. A consular officer, when requested, may act as an official witness at a marriage ceremony, in accordance with Title 22 U.S.C. 1172, provided that one of the contracting parties is a national of the United States and provided the consular officer has assured himself, as far as practicable, that the parties have complied with requirements of the applicable law of the place of celebration.

$52.3 Certificate of witness to marriage.

Whenever a consular officer witnesses a ceremony of marriage he shall complete a Certificate of Witness to Marriage form, affix thereto the seal of the consulate, certify that the marriage took place in his presence, and sign such certificate.

$52.4 Authentication of marriage and divorce

documents.

(a) Whenver 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."

(b) A consular officer shall include the same statement in certificates of authentication accompanying decrees of divorce.

$52.5 Certification as to marriage laws.

Although a consular officer may have knowledge respecting the laws of marriage, he shall not issue any official certificate with respect to such laws.

AUTHORITY: Sec. 4, 63 Stat. 111, as amended; 22 U.S.C. 2658.

SOURCE: Dept. Reg. 108.541, 31 FR 13546, Oct. 20, 1966, unless otherwise noted.

Attempt of a citizen to enter without a valid passport.

53.4 Optional use of a valid passport.

AUTHORITY: Sec. 215, 66 Stat. 190; 8 U.S.C. 1185. Proc. 3004, 18 FR 489; 3 CFR, 1949-1953 Comp.

SOURCE: Dept. Reg. 108.541, 31 FR 13546, Oct. 20, 1966, unless otherwise noted.

$53.1 Passport requirement.

Under section 215(b) of the Immigration and Nationality Act (8 U.S.C. 1185(b), it is unlawful except as otherwise provided for any citizen of the United States to depart from or enter, or attempt to depart from or enter, the United States without a valid passport.

$53.2 Exceptions.

A U.S. citizen is not required to bear a valid passport to enter or depart the United States:

(a) When traveling directly between parts of the United States as defined in 50.1 of this chapter;

(b) When traveling between the United States and any country, territory, or island adjacent thereto in North, South or Central America excluding Cuba; provided, that this exception is not applicable to any such person when proceeding 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 within 60 days of departure from the United States via any country or territory in North, South or Central America or any island adjacent thereto;

(c) When traveling as a bona fide seaman or air crewman who is the holder of record of a valid merchant mariner identification document or air crewman identification card:

(d) When traveling as a member of the Armed Forces of the United States on active duty;

(e) When he is under 21 years of age and is a member of the household of an official or employee of a foreign government or of the United Nations and is in possession of or included in a foreign passport;

(f) When he is a child under 12 years of age and is included in the foreign passport of an alien parent; however, such child will be required to provide evidence of his U.S. citizenship when entering the United States;

(g) When the citizen entering the United States presents a card of identity and registration issued by a consular office abroad to facilitate travel to the United States; or

(h) When specifically authorized by the Secretary of State through appropriate official channels to depart from or enter the United States, as defined in §50.1 of this chapter. The fee for a waiver of the passport requirement under this section is $25.

[Dept. Reg. 108.541, 31 FR 13546, Oct. 20, 1966, as amended by Dept. Reg. 108.666, 37 FR 11459, June 8, 1972]

§53.3 Attempt of a citizen to enter without a valid passport.

The appropriate officer at the port of entry shall report to the Secretary of State for the purpose of invoking the waiver provisions of $53.2(h), any citizen of the United States who attempts to enter the United States contrary to the provisions of this part.

$53.4 Optional use of a valid passport.

Nothing in this part shall be construed to prevent a citizen from using a valid passport in a case in which that passport is not required by this Part 53, provided such travel is not otherwise prohibited.

For the purpose of this part the following terms shall have the meaning here given:

(a) International educational and cultural exchange program of the Department of State. A program to promote mutual understanding between the people of the United States and those of other countries and to strengthen cooperative international relations in connection with which payments are made direct by the Department of State, as well as similar programs carried out by other Government departments and agencies and by private organizations with funds appropriated or allocated to the Department of State when the regulations in this part apply under the provisions of §61.2(a) and (b).

(b) Program and Department. For convenience, the international educational and cultural exchange program of the Department of State will hereinafter be referred to as the "program," and the Department of State will hereinafter be referred to as the "Department."

(c) Participant. Any person taking part in the program for purposes listed in §§61.3 through 61.8, including both citizens of the United States and citizens and nationals of the other countries with which the program is conducted.

(d) Transportation. All necessary travel on railways, airplanes, steamships, busses, streetcars, taxicabs, and other usual means of conveyance.

(e) Excess baggage. Baggage in excess of the weight or size carried free by public carriers on first-class service.

(f) Per diem allowance. Per diem in lieu of subsistence includes all charges for meals and lodging; fees and tips; telegrams and telephone calls reserving hotel accommodations; laundry, cleaning and pressing of clothing; transportation between places of lodging or business and places where meals are taken.

[22 FR 10836, Dec. 27, 1957, as amended by Dept. Reg. 108.523, 30 FR 10229, Aug. 18, 1965]

$61.2 Applicability of this part under special circumstances.

(a) Funds administered by another department or agency. The regulations in this part shall apply to payments made to or on behalf of participants from funds appropriated or allocated to the Department and transferred by the Department to some other department, agency or independent establishment of the Government unless the terms of the transfer provide that such regulations shall not apply in whole or in part or with such modifications as may be prescribed in each case to meet the exigencies of the particular situation.

(b) Funds administered by private organizations. The regulations in this part shall apply to payments made to or on behalf of participants from funds appropriated or allocated to the Department and administered by an institution, facility, or organization in accordance with the terms of a contract or grant made by the Department with or to such private organizations, unless the terms of such contract or grant provide that the regulations in this part are not to be considered applicable or that they are to be applied with such modifications as may be prescribed in each case to meet the exigencies of the particular situation.