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(31 F.R. 13546, Oct. 20, 1966; redesignated by 51 F.R. 26247, July 22, 1986)

PART 53—TRAVEL CONTROL OF CITIZENS OF UNITED
STATES IN TIME OF WAR OR NATIONAL EMERGENCY

Sec.

53.1 Passport requirement.
53.2 Exceptions.
53.3 Attempt of a citizen to enter without a valid passport.
53.4 Optional use of a valid passport.

AUTHORITY: Sec. 215, 66 Stat. 190; 8 U.S.C. 1185. Proc. 3004, 18 F.R. 489; 3 CFR, 1949–1953 Comp.

SOURCE: Dept. Reg. 108.541, 31 F.R. 13546, Oct. 20, 1966, unless otherwise noted. $ 53.1 Passport requirement.

Under section 215(b) of the Immigration and Nationality Act (8 U.S.C. 1185(b), it is unlawful except as otherwise provided for any citizen of the United States to depart from or enter, or attempt to depart from or enter, the United States without a valid passport. $ 53.2 Exceptions.

A U.S. citizen is not required to bear a valid passport to enter or depart the United States:

(a) When traveling directly between parts of the United States as defined in $ 50.1 of this chapter;

(b) When traveling between the United States and any country, territory, or island adjacent thereto in North, South or Central America excluding Cuba; provided, that this exception is not applicable to any such person when proceeding to or arriving from a place outside the United States for which a valid passport is required under this part if such travel is accomplished within 60 days of departure from the United States via any country or territory in North, South or Central America or any island adjacent thereto;

(c) When traveling as a bona fide seaman or air crewman who is the holder of record of a valid merchant mariner identification document or air crewman identification card;

(d) When traveling as a member of the Armed Forces of the United States on active duty;

(e) When he is under 21 years of age and is a member of the household of an official or employee of a foreign government or of the United Nations and is in possession of or included in a foreign passport;

(f) When he is a child under 12 years of age and is included in the foreign passport of an alien parent; however, such child will be required to provide evidence of his U.S. citizenship when entering the United States;

(g) When the citizen entering the United States presents a card of identity and registration issued by a consular office abroad to facilitate travel to the United States; or

(h) When specifically authorized by the Secretary of State through appropriate official channels to depart from or enter the United States, as defined in $ 50.1 of this chapter. The fee

for a waiver of the passport requirement under this section shall be collected in the amount prescribed in the Schedule of

Fees for Consular Services (22 CFR 22.1). (Dept. Reg. 108.541, 31 F.R. 13546, Oct. 20, 1966; as amended by Dept. Reg. 108.666, 37 F.R. 11459, June 8, 1972; 51 F.R. 26241, July 22, 1986) $53.3 Attempt of a citizen to enter without a valid passport

The appropriate officer at the port of entry shall report to the Secretary of State for the purpose of invoking the waiver provisions of $53.2(h), any citizen of the United States who attempts to enter the United States contrary to the provisions of this part. $ 53.4 Optional use of a valid passport.

Nothing in this part shall be construed to prevent a citizen from using a valid passport in a case in which that passport is not re quired by this Part 53, provided such travel is not otherwise prohibited.

c. Passport Limitations

(1) Allegiance to the United States Act of July 14, 1902 (R.S. Sec. 4076), 32 Stat. 386; 22 U.S.C. 212 No passport shall be granted or issued to or verified for any other persons than those owing allegiance, whether citizens or not, to the United States.

(2) Application for Passport Partial text of Act of June 16, 1917 (H.R. 291), 40 Stat. 217 at 227; 22 U.S.C. 213, as amended by Public Law 90_428 (S. 1418), 82 Stat. 446, approved July 26, 1968

Section 1. Before a passport is issued to any person by or under authority of the United States such person shall subscribe to and submit a written application which shall contain a true recital of each and every matter of fact which may be required by law or by any rules authorized by law to be stated as a prerequisite to the issuance of any such passport. If the applicant has not previously been issued a United States passport, the application shall be duly verified by his oath before a person authorized and empowered by the Secretary of State to administer oaths.

NOTE.-See, however, Woodward v. Rogers, 344 F. Supp. 974 (D.C.D.C. 9 1972); aff., 486 F. 2d 1317 (D.C. Cir. 1973).

(3) Fees Partial text of the Act of June 4, 1920 (H.R. 11960), 41 Stat. 739 at 760; 22

U.S.C. 214, as amended by Public Law 84403 (H.R. 6844), 70 Stat. 11, approved February 10, 1956; Public Law 90-428 (S. 1418), 82 Stat. 446, approved July 26, 1968; Public Law 92–14 (S. 631), 88 Stat. 38, approved May 14, 1971; Public Law 93–417 (H.R. 15172), 88 Stat. 1151, approved Septem. ber 17, 1974; and by Public Law 97–241 (Department of State Authoriza. tion Act, Fiscal Years 1982 and 1983; S. 1193), 96 Stat. 273 at 279, approved August 24, 1982

There shall be collected and paid into the Treasury of the United States a fee, prescribed by the Secretary of State by regulation, for each passport issued and a fee, prescribed by the Secretary of State by regulation, for executing each application for a passport.1 Nothing contained in this section shall be construed to limit the right of the Secretary of State by regulation (1) to authorize State officials to collect and retain the execution fee, or (2) to transfer to the United States Postal Service the execution fee for each application accepted by that Service. No passport fee shall be collected from an officer or employee of the United States proceeding abroad in the discharge of official duties, or from members of his immediate family; from an American seaman who requires a passport in connection with his duties aboard an American-flag vessel; or from a widow, child, parent, brother, or sister of a deceased member of the Armed Forces proceeding abroad to visit the grave of such member. No execution fee shall be collected for an application made before a Federal official by a person excused from payment of the passport fee under this section.

tion with an eficial en

1 Sec. 116(a) of Public Law 97–241 (96 Stat. 279) amended and restated this sentence. Previously, this sentence established a fee of $10 for each passport issued in addition to the fee prescribed by the Secretary of State for executing each application.

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