[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR51.71]

[Page 266]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 51--PASSPORTS--Table of Contents
 
       Subpart E--Limitation on Issuance or Extension of Passports
 
Sec. 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) 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 ilicit 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 Sec. 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.

(Approved by the Office of Management and Budget under control number 
1405-0077)

[54 FR 8532, Mar. 1, 1989]