deemed necessary to establish his or her U.S. citizenship or nationality. (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] $51.55 Return or retention of evidence of citizenship. The passport issuing office will generally return to the applicant submitted in connection with an application for passport facilities. However, the passport issuing office may retain evidence when it deems necessary. Subpart D-Fees Passport fees in the United States shall be paid in U.S. currency or by draft, check, or money order payable to the department of State or the Passport Office. Passport fees abroad shall be paid in U.S. currency, travelers checks, money order, or the equivalent value of the fees in local currency. [31 F.R. 14522, Nov. 11, 1966] § 51.61 Statutory fees. (a) Passport fee. The fee for a U.S. passport is: (1) $55.00 when the passport issued will be valid or potentially valid for a period of 10 years from date of issue; or (2) $30.00 when the passport issued will be valid or potentially valid for a period of 5 years from date of issue; and (3) The passport fee shall be paid by all applicants except as provided by section 51.63(a). (b) Execution fee. Except as provided in section 51.63(b), the fee for execution of an application for a U.S. passport is $10.00, which shall be remitted to the U.S. Treasury when 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, or which may be transferred to the United States Postal Service for each application accepted by that Service. The execution fee shall be paid only when an application must be executed under oath or affirmation as prescribed by § 51.21(a). (Sec. 1, 44 Stat. 887; sec. 1, 41 Stat. 750; sec. 2, 44 Stat. 887; sec. 4, 63 Stat. 111, as amended (22 U.S.C. 211a, 214, 217a, 2658); E.O. 11295, 36 F.R. 10603; 3 CFR 1966-70 Comp. p. 507) [Dept. Reg. 108.828, 47 F.R. 56329, Dec. 16, 1982; as amended by 56 F.R. 55816, October 30, 1991] $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. [56 F.R. 55816, October 30, 1991] § 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 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 (a)(1), (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] $51.64 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 §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] $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. § 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. 211a, 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 traffickers. (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 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: 1 As printed in CFR. Should read "§ 71.10". (1) The Controlled Substances Act (21 U.S.C. 801 et seq.) or the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.); or (2) Any Federal law involving controlled substances as defined in section 802 of the Controlled Substances Act (21 U.S.C. 801 et seq.); or (3) The Bank Secrecy Act (31 U.S.C. 5311 et seq.) or the money Laundering Act (18 U.S.C. 1956 et seq.) if the Secretary of State is in receipt of information that supports the determination that the violation involved is related to illicit production of or trafficking in a controlled substance; or (4) Any state law involving the manufacture, distribution, or possession of a controlled substance. (b) A passport may be refused 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 misdemeanor conviction of a Federal or state drug offense if the individual used a U.S. passport or otherwise crossed an international border in committing the offense, other than a first conviction for possession of a controlled substance, including a misdemeanor conviction arising under: (1) The Federal statutes described in § 51.71(a); or (2) Any state law involving the manufacture, distribution, or possession of a controlled substance. (c) Notwithstanding paragraphs (a) and (b) of this section the Secretary of State may issue a passport when the competent authority confirms, or the Secretary of State otherwise finds, that emergency circumstances or humanitarian reasons exist. [54 F.R. 8532, Mar. 1, 1989]. § 51.72 Revocation or restriction of passports. A passport may be revoked or restricted or limited where: (a) The national would not be entitled to issuance of a new passport under §51.70 or § 51.71; or (b) The passport has been obtained by fraud, or has been fraudulently altered, or has been fraudulently misused. [54 F.R. 8532, Mar. 1, 1989] § 51.73 Passports invalid for travel into or through restricted areas. (a) Unless specifically validated therefore, U.S. passports shall cease to be valid for travel into or through a country or area which the Secretary has determined is: or (1) A country with which the United States is at war, or (3) A country or area in which there is imminent danger to the public health or physical safety of United States travelers. (b) Any determination made under paragraph (a) of this section shall be published in the FEDERAL REGISTER along with a statement of the circumstances requiring this restriction. (c) Unless limited to a shorter period, any such restriction shall expire at the end of one year from the date of publication of such |