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(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). 851.72 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) 851.73 Passports invalid for travel into or through re
stricted 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:
(1) A country with which the United States is at war, or
(2) A country or area where armed hostilities are in progress; 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
for traspecial vala foreigne
notice in the FEDERAL REGISTER, unless extended or sooner revoked by the Secretary by public notice. (Dept. Reg. 108.786, 45 F.R. 11128, Feb. 20, 1980; redesignated by 54 F.R. 8532, Mar. 1, 1989) $51.74 Special validation of passports for travel to re
stricted areas. (a) A United States National wishing a validation of his passport for travel to, in or through a restricted country or area may apply for a special validation to the Office of Passport Services, a passport agency, or a foreign service post authorized to issue passports. The application shall be accompanied by evidence that the applicant falls within the standards set out in paragraph (c) of this section.
(b) The Assistant Secretary of State for Consular Affairs or an authorized designee of that official shall decide whether or not to grant a special validation. The special validation shall be granted only when such action is determined to be in the national interest of the United States. (c) An application may be considered if:
(1) The applicant is a professional reporter, the purpose of whose trip is to obtain, and make available to the public, information about the restricted area; or
(2) The applicant is a representative of the American Red Cross; or
(3) The applicant establishes that his or her trip is justified by compelling humanitarian considerations; or
(4) The applicant's request is otherwise in the national inter
est. (Sec. 1, 44 Stat. 887, as amended (22 U.S.C. 211a); sec. 4, 63 Stat. 111, as amended (22 U.S.C. 2658); E.O. 11295, 36 F.R. 10603; 3 CFR 1966–70 Comp., 507; E.O. 12211, 45 F.R. 26685) [Dept. Reg. 108.790, 45 F.R. 30619, May 9, 1980; redesignated by 54 F.R. 8532, Mar. 1, 1989) 851.75 Notification of denial or withdrawal of passport.
Any person whose application for issuance of a passport has been denied, or who has otherwise been the subject of an adverse action taken on an individual basis with respect to his or her right to receive or use a passport shall be entitled to notification in writing of the adverse action. The notification shall set forth the specific reasons for the adverse action and the procedures for review available under $51.81 through 51.105. (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, Ápr. 23, 1984) 851.76 Surrender of passport.
The bearer of a passport which is revoked shall surrender it to the Department or its authorized representative upon demand and upon his or her refusal to do so such passport may be invalidated by notifying the bearer in writing of the invalidation.
taken on an ho has otheplication for iwithdrawal of
abasons for the action. The notion entitled to hois or her right action
(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 F-Procedures for Review of Adverse Action 851.80 Applicability of $8 51.81 through 51.89.2
The provisions of $851.81 through 51.89 apply to any action of the Secretary taken on an individual basis in denying, restricting, revoking, or invalidating a passport or in any other way adversely affecting the ability of a person to receive or use a passport except action taken by reason of noncitizenship or refusal to grant a discretionary exception under the emergency or humanitarian relief provisions of g 51.71(c) 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, 51.71 or $51.72. (54 F.R. 8532, Mar. 1, 1989) 8 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 or her 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. (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) 851.82 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 or her 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.
31.90 throuh. 51 105 were removed by 44 F.R. 68827 (November 30, 1979).
(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) 851.84 Appearance at hearing.
The person adversely affected may appear at the hearing in person or with his or her attorney, or by his or her 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. (22 U.S.C. 2658 and 3926) (Dept. Reg. 108.637, 36 F.R. 9068, May 19, 1971; as amended by Dept. Reg. 108.838, 49 F.R. 16989, Apr. 23, 1984) § 51.85 Proceedings before the hearing officer.
The person adversely affected may appear and testify in his or her own behalf and may himself, or by his or her 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 or her 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 or her oral statements in an affidavit for the record. (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) 851.86 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 851.87 Privacy of hearing.
The hearing shall be private. There shall be present at the hearing only the person adversely affected, his or her 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. (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)
dverse witnes shall be entitlaring officer ani
$ 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 or her counsel shall be entitled to inspect the complete transcript and to purchase a copy thereof. (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) $ 51.89 Decision of Assistant Secretary for Consular Affair
notice of right to appeal. The person adversely affected shall be promptly notified in writing of the decision of the Assistant Secretary for Consuiar Afairs and, if the decision is adverse to him or her, the notification skal state the reasons for the decision and inform him or her of the right to appeal the decision to the Board of Appellate Review Part 7 of this chapter) within 60 days after receipt of notice of the adverse decision. If no appeal is made within 60 days, the deasion will be considered final and not subject to further administrative review Dept. Reg. 108.783, 44 F.R 68847, Nov. 30, 1979
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