(2) Passports-Delegation of Authority

Partial Text of Executive Order 11295;1 August 5, 1966; 31 F.R. 10603; 22

U.S.C. 211a note

Section 1. Delegation of authority. The Secretary of State is hereby designated and empowered to exercise, without the approval, ratification, or other action of the President, the authority conferred upon the President by the first section of the Act of July 3, 1926 (22 U.S.C. 211a), to designate and prescribe for and on behalf of the United States rules governing the granting, issuing, and verifying of passports.

Sec. 2. Superseded orders. Subject to Section 3 of this order, the following are hereby superseded:

(1) Executive Order No. 7856 of March 31, 1938, entitled "Rules Governing the Granting and Issuing of Passports in the United States."

(2) Executive Order No. 8820 of July 11, 1941, entitled "Amending the Foreign Service Regulations of the United States."

Sec. 3. Saving provisions. All rules and regulations contained in the Executive order provisions revoked by Section 2 of this order, and all rules and regulations issued under the authority of those provisions, which are in force at the time of the issuance of this order shall remain in full force and effect until revoked, or except as they may be hereafter amended or modified, in pursuance of the authority conferred by this order, unless sooner terminated by operation of law.

1In Department of State Public Notice 1957 of February 24, 1994 (59 F.R. 10195), the Secretary of State extended the passport restriction invalidating United States passports for travel to, in, or through Lebanon. This restriction was extended in Public Notice 1767 of February 17, 1993 (58 F.R. 11286); for 1992, in Public Notice 1574 of February 10, 1992 (57 F.R. 5925). This restriction was initiated on January 26, 1987.

In Department of State Public Notice 2117 of November 14, 1994 (59 F.R. 59815), the Secretary of State extended the passport restriction for travel to, in, or through Libya, originally restricted on December 11, 1981, by Executive Order 11295 (31 F.R. 10603). Previous extensions have been issued on November 29, 1982 (47 F.R. 54888); November 29, 1984 (48 F.R. 55529); November 29 1984 (49 F.R. 47485); November 25, 1985 (50 F.R. 49808); December 9, 1986 (51 F.R. 44855); December 10, 1987 (52 F.R. 46876); December 8, 1988 (53 F.R. 49633); December 7, 1989 (54 F.R. 50568), November 30, 1990 (55 F.R. 49746); November 25, 1991 (56 F.R. 59316); November 24, 1992 (57 F.R. 55291); November 11, 1993 (58 F.R. 61137).

In Department of State Public Notice 2178 of March 3, 1995 (60 F.R. 13002), the Secretary of State extended the passport restriction for travel to, in, or through Iraq, originally restricted on February 1, 1991 in Public Notice 1341 (56 F.R. 5242). Extensions were issued in Public Notice 1577 of February 18, 1992 (57 F.R. 6762); Public Notice 1770 of February 23, 1993 (58 F.R. 11883), and Public Notice 1960 of February 26, 1994 (59 F.R. 10451).

On January 26, 1987 the Secretary of State instituted a passport restriction for travel to, in, or through Lebanon. Extensions were issued most recently in Public Notice 2065 of August 31, 1994 (59 F.R. 45056); and Public Notice 2174 of March 3, 1995 (60 F.R. 12004).

(3) Nationality and Passport Regulations

Regulations of the Secretary of State, Department Regulation 108.541, 22 CFR 50 through 53, October 20, 1966, 31 F.R. 13537, as amended

PART 50-NATIONALITY PROCEDURES

AUTHORITY: The provisions of this Part 50 issued under sec. 4, 63 Stat. 111, as amended, secs. 104, 360, 66 Stat. 174, 273; 22 U.S.C. 2658, 8 U.S.C. 1104, 1503.

The following definitions shall be applicable to this part:

(a) "United States" means the continental United States, the State of Hawaii, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, the Canal Zone, American Samoa, Guam and any other islands or territory over which the United States exercises jurisdiction.

(b) "Department" means the Department of State of the United States of America.

(c) "Secretary" means the Secretary of State.

(d) "National" means a citizen of the United States or a noncitizen owing permanent allegiance to the United States.

(e) "Passport" means a travel document issued under the authority of the Secretary of State attesting to the identity and nationality of the bearer.

(f) "Passport Agent" means a person designated by the Department to accept passport applications.

[Dept. Reg. 108.541, 31 F.R. 13537, Oct. 20, 1966; as amended by 31 F.R. 14521, Nov. 11, 1966]

Subpart A-Procedures for Determination of United States Nationality of a Person Abroad

§ 50.2 Determination of U.S. nationality of persons abroad. The Department shall determine claims to United States nationality when made by persons abroad on the basis of an application for registration, for a passport, or for registration of birth.

§ 50.3 Application for registration.

(a) A person abroad who claims U.S. nationality, or a representative on his behalf, may apply at a consular post for registration to establish his claim to U.S. nationality or to make his residence in the particular consular area a matter of record.

(b) The applicant shall execute the registration form prescribed by the Department and shall submit the supporting evidence required by Subpart C of Part 51 of this chapter. The diplomatic or consular officer shall determine the period of time for which the registration will be valid.

§ 50.4 Application for passport.

A claim to U.S. nationality in connection with an application for passport shall be determined by posts abroad in accordance with the regulations contained in Part 51 of this chapter.

§ 50.5 Application for registration of birth abroad.

Upon application by the parents or their representative, a consular officer may record the birth of a U.S. citizen child in his consular district. The officer shall require the applicant to submit evidence meeting the requirements of Subpart C of Part 51 of this chapter and shall include:

(a) Proof of child's birth. Proof of child's birth usually consists of, but is not limited to, an authentic copy of the record of the birth filed with local authorities, a baptismal certificate, a military hospital certificate of birth, or an affidavit of the doctor or the person attending the birth. If no proof of birth is available, the person seeking to register the birth shall submit his affidavit explaining why such proof is not available and setting forth the facts relating to the birth.

(b) Proof of child's citizenship. Evidence of parent's citizenship and, if pertinent, evidence of parent's physical presence in the United States as required for transmittal of claim of citizenship by the Immigration and Nationality Act of 1952 shall be submitted. § 50.6 Registration at the Department of birth abroad.

In the time of war or national emergency, passport agents may be designated to complete consular reports of birth for children born at military facilities which are not under the jurisdiction of a consular office. An officer of the Armed Forces having authority to administer oaths may take applications for registration under this section.

$50.7 Report of birth.

(a) Upon submission of satisfactory proof of birth and nationality, and at the time of the recording of the birth, the consular officer shall issue to the parent or person in interest, when requested and upon payment of the prescribed fee, a consular report of birth. The Authentication Officer of the Department may issue additional copies of the report of birth.

(b) When it records a birth under $50.6, the Department shall furnish a copy of the "Report of Birth" without fee to the parent or person in interest.

§ 50.8 Certification of birth.

(a) At the time of registration of birth, the consular officer shall furnish without fee to the parent or person in interest a certification entitled "Certification of Birth."

(b) 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 shall issue to the parent or person in interest a "Certification of Birth."

..

§ 50.9 Card of identity and registration.

When authorized by the Department, a consular officer may issue a card of identity and registration for travel to the United States to a national of the United States being deported from a foreign country, to nationals involved in a common disaster abroad, or to a returning national whose passport facilities have been denied or withdrawn under the provisions of this Part 50 or Part 51 or 53 of this subchapter.

[Dept. of Reg. 108.541, 31 F.R. 13537, October 20, 1966; as amended by Dept. Reg. 108.665, 37 F.R. 11459, June 8, 1972]

§ 50.10 Certificate of nationality.

(a) Any person who acquired the nationality of the United States at birth and who is involved in any judicial or administrative proceedings in a foreign state and needs to establish his U.S. nationality may apply for a certificate of nationality in the form prescribed by the Department.

(b) An applicant for a certificate of nationality must submit evidence of his nationality and documentary evidence establishing that he is involved in judicial or administrative proceedings in which proof of his U.S. nationality is required.

§ 50.11 Certificate of identity for travel to the United States to apply for admission.

(a) A person applying abroad for a certificate of identity under section 360(b) of the Immigration and Nationality Act shall complete the application form prescribed by the Department and submit evidence to support his claim to U.S. nationality.

(b) When a diplomatic or consular officer denies an application for a certificate of identity under this section, the applicant may submit a written appeal to the Secretary, stating the pertinent facts, the grounds upon which U.S. nationality is claimed and his reasons for considering that the denial was not justified.

[Dept. of Reg. 108.541, 31 F.R. 13537, October 20, 1966; as amended by 31 F.R. 14521, November 11, 1966]

Subpart B-Retention and Resumption of Nationality

§ 50.20 Retention of nationality.

(a) Section 350 of the Immigration and Nationality Act. A person who desires to retain his U.S. nationality under the provisions of section 350 of the Immigration and Nationality Act may satisfy the requirement of section 350(1) by taking an oath of allegiance, within the time period specified in the statute, in connection with an application for a passport or for registration as a United States national.

(b) Section 351(b) of the Immigration and Nationality Act. (1) A person who desires to claim U.S. nationality under the provisions of section 351(b) of the Immigration and Nationality Act must, within the time period specified in the statute, assert his claim to U.S. nationality and subscribe to an oath of allegiance before a diplomatic or consular officer.