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851.63 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 or her immediate family authorized to accompany or reside with him or her abroad. The applicant shall submit evidence of the official purpose of his or her travel and if applicable his or her authorization to have dependents accompany or reside with him or her abroad.

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

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

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

(b) No person described in paragraph (aX1), (2), (3), or (4) of this section shall be required to pay an execution fee when his or her application is executed before a Federal official. (22 U.S.C. 2658 and 3926) (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; Dept. Reg. 108.838, 49 F.R. 16989, Apr. 23, 1984) 851.64 Refunds.

A collected passport fee shall be refunded:

(a) To any person exempt from the payment of passport fees under $51.63 from whom fees were erroneously collected.

(b) To any person refused a visa within the United States by the appropriate 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.

(e) For procedures on refunds of $5.00 or less see $ 22.6(b) of this title.

(f) The passport expedite fee will be refunded if the Passport Agency does not provide the requested expedited processing as defined in g 51.67. (Dept. Reg. 108.594, 33 F.R. 12043, Aug. 24, 1968; as amended by 52 F.R. 29515, August 10, 1987; 59 F.R. 48999) 851.65 Replacement passports.

A passport issuing office shall issue a replacement passport with

A passport ifsa fee

rectify a mistake

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

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$61,70 Deniul of passports.

(90) A passport, except for direct return to the Unite not be ued in any case in which the Secreta mine, or is informed by competent authority that

Ö) The applicant is the subject of an otstans Face
warrant of arrest for a felony, including a To: S
under the Pederal Pugitive Pelon Act (18 U.S.C.103

(2) The applicant is subject to a criminal cours e s,
tion of probation, or condition of parole, any of t h is
departure from the United States and the volation of
vould result in the issuance of a Federal warrant of arres
cluding a warrant issued under the Federal Fugitive Felon
or

(3) The applicant is subject to a court order committing Di
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 presente
to the government of a foreign country, or

(5) The applicant is the subject of a subpoena issued purs
ant to section 1783 of Title 28, United States Code, in a matter

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E v olving Federal prosecution for, or grand jury investigation

, a felony; or
(6) The applicant has not repaid a loan received from the
nited States as prescribed under $$ 1.101 and 71.11 of this
apter; or
(7) The applicant is in default on a loan received from the

Jnited States to effectuate his or her return from a foreign aountry in the course of travel abroad. . -. A passport may be refused in any case in which the Secretary

ate 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 wellbeing; 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 issu-- ance 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 the United

States Code. -- 22 U.S.C. 2658 and 3926; sec. 1, 44 Stat. 887; sec. 1, 41 Stat. 750;

sec. 4, 63 Stat. 111, as amended; 22 U.S.C. 21la, as amended, 2658; sec. 122(2)(3), Pub. L. 98-164, 97 Stat. 1017; E.O. 11295, 36

F.R. 10603; 3 CFR 1966–70 Comp. page 507 - 154 F.R. 8531, Mar. 1, 1989) $51.71 Denial of passports to certain convicted drug traf

fickers. 3. (a) A passport shall not be issued in any case in which the Sec

retary 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:

As printed in CFR. Should read “871.10".

(b) When exceptional circumstances exist as determined by the Secretary. g 51.66 Execution fee not refundable.

The fee for the execution of a passport application cannot be refunded. $51.67 Expedited passport processing.

(a) Within the United States, an applicant for a passport service (including issuance, amendment, extension or the addition of visa pages) may request expedited processing by a Passport Agency.

(b) Expedited passport processing shall mean completing processing within 3-business days commencing when the application reaches a Passport Agency or, if the application is already with a Passport Agency, commencing when the request for expedited processing is approved. The processing will be considered completed when the passport is ready to be picked up by the applicant or is mailed to the applicant.

(c) The fee for expedited service is $30.00. This amount will be in addition to any other applicable fee and does not include urgent mailing costs, if any.(d) A request for expedited processing normally will be accepted only if the applicant can document urgent departure with airline tickets showing confirmed reservation or similar evidence. The Passport Agency may decline to accept the request if it is apparent at the time it is made that the request cannot be granted.

(e) The expedite fee may be waived only where the need for expedited processing was necessary due to Department error, mistake or delay. [Added by 59 F.R. 49000) Subpart E-Limitation on Issuance or Extension of

Passports $ 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 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 $$ 1.101 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. (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 wellbeing; 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 the United

States Code. (22 U.S.C. 2658 and 3926; sec. 1, 44 Stat. 887; sec. 1, 41 Stat. 750; sec. 4, 63 Stat. 111, as amended; 22 U.S.C. 21la, as amended, 2658; sec. 122(d)(3), Pub. L. 98–164, 97 Stat. 1017; E.O. 11295, 36 F.R. 10603; 3 CFR 1966–70 Comp. page 507 (54 F.R. 8531, Mar. 1, 1989) $51.71 Denial of passports to certain convicted drug traf.

fickers. (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 of. fense 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 As printed in CFR. Should read ug 71.10".

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