[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: 22CFR51.71]



[Page 250-251]

 

                       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.  51.71  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.



[[Page 251]]



    (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]