[Code of Federal Regulations]

[Title 22, Volume 1]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 22CFR51.70]



[Page 249-250]

 

                       TITLE 22--FOREIGN RELATIONS

 

                     CHAPTER I--DEPARTMENT OF STATE

 

PART 51_PASSPORTS--Table of Contents

 

          Subpart E_Limitations on Issuance or Use 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



[[Page 250]]



    (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

    (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]