[Dept. Reg. 108.541, 31 F.R. 13540, Oct. 20, 1966; as amended by 31 F.R. 14521, Nov. 11, 1966; Dept. Reg. 108.838, 49 F.R. 16989, Apr. 23, 1984]

$51.9 Passport property of the U.S. Government.

A passport shall at all times remain the property of the United States and shall be returned to the Government upon demand.

$51.20 General.

Subpart B-Application

An application for a passport or for an amendment of a passport shall be completed upon such forms as may be prescribed by the Department. The passport applicant shall truthfully answer all questions, and shall state each and every material matter of fact, pertaining to his or her eligibility for a passport. All information and evidence submitted in connection with an application shall be considered a part thereof.

(22 U.S.C. 2658 and 3926)

[Dept. Reg. 108.594, 33 F.R. 12043, Aug. 24, 1968; as amended by Dept. Reg. 108.838, 49 F.R. 16989, Apr. 23, 1984]

§ 51.21 Execution of passport application.

(a) First-time applicants or persons who have not been issued a passport within the past twelve years. A person who has never been issued a passport in his or her own name, or who has not been issued a passport in his or her own name within 12 years of the date of a new application, shall appear in person before a person authorized by the Secretary to give oaths, verify the application by oath or affirmation before that authorized person, provide two recent photographs, and pay the established fees.

(b) Persons authorized by the Secretary to give oaths. The following persons are authorized by the Secretary to give oaths for passport purposes unless withdrawn by the Secretary in an individual

case:

(1) A passport agent;

(2) A clerk of any Federal court;

(3) A clerk of any State court of record or a judge or clerk of any probate court;

(4) A postal employee designated by the postmaster at a post office which has been selected to accept passport applications;

(5) A U.S. citizen employee of the Department of Defense designated by the Secretary of Defense to accept passport applications at a military installation within the continental United States selected to accept passport applications;

(6) A diplomatic or consular officer abroad; or

(7) Any other persons specifically designated by the Secretary.

(c) Persons in the United States who have previously been issued a full validity passport. A person in the United States who has been issued a passport in his or her own name may obtain a new passport by filling out and mailing a specially prescribed application together with his or her previous passport, two signed recent

photographs and the established fee to the nearest U.S. passport agency, provided:

(1) The most recently issued previous passport was issued when the applicant was 18 years of age or older.

(2) The previous passport is submitted with the new application.

If the applicant is unable to meet any of the requirements of paragraph (c) he or she must follow the procedures set forth in paragraph (a) of this section.

(d) Persons outside of the United States who have been issued a passport within 8 years of the date of the application. In a foreign country in which a U.S. consular district has been designated by the Secretary to receive such passport applications, a person who has been issued a passport in his or her own name within 8 years of the date of the new application may obtain a new passport by filling out a specially prescribed application and sending it (by mail or as prescribed by the Secretary), together with his or her previous passport, two signed recent photographs and the established fee to the consular office in the consular district in which he or she is present, provided he or she meets the following requirements:

(1) The most recently issued passport was issued when the applicant was 18 years of age or older.

(2) The application is made not more than 12 years following the issue fate of the previous passport;

(3) The most recently issued previous passport is submitted with the new application.

(4) In a Consular district specifically authorized by the Secretary to waive personal appearance of minors in accordance with this subsection, a U.S. consular officer may waive the age requirement established for use of the mail application, where the consular officers determines that:

(i) The minor and, if applicable, the U.S. citizen parent(s) or legal guardian are registered in that consular district;

(ii) The minor is not subject to the provisions of subsection 51.27 (c) or (d);

(iii) The waiver of the age requirement is otherwise in the interest of consular efficiency; and

(iv) The waiver will not otherwise compromise the integrity of the passport application process.

[44 F.R. 19393, Apr. 3, 1979; as amended by SD-165, 46 F.R. 2343, Jan. 9, 1981; Dept. Reg. 108.804, 46 F.R. 16257, Mar. 12, 1981; 51 F.R. 20475, June 5, 1986; 55 F.R. 21538, May 25, 1990; 57 F.R. 59807, December 16, 1992]

§ 51.23 Name of applicant to be used in passport.

The passport application shall contain the full name of the applicant. The applicant shall explain any material discrepancies between the name to be placed in the passport and the name recited in the evidence to citizenship and identity submitted. The passport issuing office may require documentary evidence or affidavits of persons having knowledge of the facts to support the explanation of the discrepancies.

[SD-165, 46 F.R. 2343, Jan. 9, 1981]

$51.24 Change of name.

An applicant whose name has been changed by court order or decree shall submit with his or her application a certified copy of the order or decree. An applicant who has changed his or her name by the adoption of a new name without formal court proceedings shall submit with his or her application evidence that he or she has publicly and exclusively used the adopted name over a long period of time.

(22 U.S.C. 2658 and 3926)

[Dept. Reg. 108.541, 31 F.R. 13540, Oct. 20, 1966; as amended by Dept. Reg. 108.838, 49 F.R. 16989, Apr. 23, 1984]

$51.25 Photographs.

(a) Photographs of bearer. The applicant shall submit with his or her application duplicate photographs of the size specified in the application. The photographs should be sufficiently recent to be a good likeness of and satisfactorily identify the applicant. The photographs shall be signed in the same manner and form as required in the application.

(b) Photographs of uniformed personnel. Only applicants who are in the active service of the Armed Forces and proceeding abroad in the discharge of their duties may submit photographs in the uniform of the Armed Forces of the United States.

(c) Unacceptable photographs. A photograph with a waxed back or other coating which lessens adhesiveness is not acceptable. Newspaper or magazine pictures, snapshots, or full length photographs are not acceptable. Photographs of persons in the uniform of a civilian organization, except religious dress, will not generally be accepted.

(22 U.S.C. 2658 and 3926)

[Dept. Reg. 108.541, 31 F.R. 13540, Oct. 20, 1966; as amended by Dept. Reg. 108.751, 43 F.R. 1791, Jan. 12, 1978; 44 F.R. 19394, Apr. 3, 1979; SD-165, 46 F.R. 2343, Jan. 9, 1981; Dept. Reg. 108.838, 49 F.R. 16989, Apr. 23, 1984]

$51.26 Incompetents.

A parent, a legal guardian, or a person in loco parentis shall execute a passport application on behalf of a person declared incompetent.

$51.27 Minors.

(a) Definitions. A minor is an unmarried person under the age of 18 years.

(b) Execution of application by minors. A minor of age 13 years or above shall execute an application on his or her own behalf unless in the judgment of the person before whom the application is executed it is not desirable for the minor to execute his or her own application. In such case it must be executed by a parent or guardian of the minor, or by a person in loco parentis. A parent, guardian or person in loco parentis shall execute the application for mi

nors under the age of 13 years. The passport issuing office may require a minor under the age of 18 years to obtain and submit the written consent of a parent, a legal guardian or a person in loco parentis to the issuance of the passport.

(c) Objection by parent or guardian in cases not involving the custody of the minor. At any time prior to the issuance of a passport to a minor and upon receipt of a written objection from a person having legal control of the minor, the passport issuing office may disapprove the minor's application.

(d) Objection by parent or guardian in cases involving the custody of a minor. When there is controversy concerning the custody of a minor, the passport issuing office may deny issuance of a passport to the minor if it receives a court order from a court within the country in which passport services are sought. The court order must give custody of the minor to the objecting parent, legal guardian or person in loco parentis or must forbid the child's departure from the country in which passport services are sought without the permission of the court.

(22 U.S.C. 2658 and 3926)

[Dept. Reg. 108.541, 31 F.R. 13540, Oct. 20, 1966; as amended by Dept. Reg. 108.751, 43 F.R. 1791, Jan. 12, 1978; Dept. Reg. 108.779, 44 F.R. 41777, July 18, 1979; Dept. Reg. 108.838, 49 F.R. 16989, Apr. 23, 1984]

§ 51.28 Identity of applicant.

(a) If the applicant is not personally known to the official receiving the application he or she shall establish his or her 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 or she must submit a prior passport with his or her 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.

(22 U.S.C. 2658 and 3926)

[Dept. Reg. 108.594, 33 F.R. 12043, Aug. 24, 1968; as amended by SD-165, 46 F.R. 2343, Jan. 9, 1981; Dept. Reg. 108.838, 49 F.R. 16989, Apr. 23, 1984]

$51.30 Persons unacceptable as witnesses.

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 or she resides at a specific address; that he or she knows or has reason to believe that the applicant is a citizen of the United States; the basis of his or her knowledge concerning the applicant;

and that the information set out in his or her affidavit is true to the best of his or her knowledge and belief.

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

(c) The identifying witness shall subscribe to his or her statement before the same person who took the passport application.

(22 U.S.C. 2658 and 3926)

[Dept. Reg. 108.541, 31 F.R. 13540, Oct. 20, 1966; as amended by 31 F.R. 14522, Nov. 11, 1966; Dept. Reg. 108.838, 49 F.R. 16989, Apr. 23, 1984]

§ 51.32 Amendment of passports.

Applicants for amendment of a passport shall be made on forms prescribed by the Department.

[SD-165 46 F.R. 2343, Jan. 9, 1981]

$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 or her behalf for copies of documents executed or submitted by the appli

cant.

(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.

(22 U.S.C. 2658 and 3926)

[Dept. Reg. 108.541, 31 F.R. 13540, Oct. 20, 1966; as amended by Dept. Reg. 108.838, 49 F.R. 16989, Apr. 23, 1984]

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

§ 51.40 Burden of proof.

The applicant has the burden of proving that he or she and any persons to be included in the passport are nationals of the United States.

(22 U.S.C. 2658 and 3926)

[Dept. Reg. 108.541, 31 F.R. 13540, Oct. 20, 1966; as amended by Dept. Reg. 108.838, 49 F.R. 16989, Apr. 23, 1984]

$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 or her birth shall submit with the applica