[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR51.70]

[Page 264-265]
 
                       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. 51.70  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 Sec. Sec. 71.10 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; or
    (8) The applicant has been certified by the Secretary of Health and 
Human Services as notified by a State agency under 42 U.S.C. 652(k) to 
be in arrears of child support in an amount exceeding $5,000.00.
    (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 well being; 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

[[Page 265]]

    (5) The applicant has been the subject of a prior adverse action 
under this section or Sec. 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 of the United States Code.

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

[54 FR 8531, Mar. 1, 1989, as amended at 62 FR 62695, Nov. 25, 1997]