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Division with security officers, and political and administrative officers of the Department. This group varies according to the area or areas in which the applicant desires to travel. The decision is therefore the decision of the Department.

8. Any applicant who has been refused a passport has every right and is given every opportunity to request further consideration of his case and may present any evidence or information which he may wish to have considered. The particularity with which he may be informed of the contents of the reports in the Department's file depends, of course, upon the source and classification of such reports, but it is usually possible to inform him in a general way of the nature of the evidence and the information upon which he has been refused a passport. Any new evidence or information which the applicant may submit is referred to the officers who first examined the case for evaluation and expression of opinion as to whether a passport may be issued. The Department cannot violate the confidential character of passport files by making public any information contained therein.

9. The Secretary of State bas the authority to establish any administrative procedures respecting passports which he may deem appropriate. These procedures are under constant review and a continuing effort is made to see that they are fair and efficient. There is a board in the Passport Division for questions of loss of nationality. The consultations between officers of the Passport Division and officers of other divisions of the Department and with the Foreign Service abroad, in effect, constitute in a given case a most fair and comprehensive board of review action in the denial of a passport in the interests of the United States.1

7. REGULATIONS CONCERNING THE ISSUANCE OF

PASSPORTS, AUGUST 28, 19522

Pursuant to the authority vested in me by paragraph 126 of Executive Order No. 7856, issued on March 31, 1938 (3 F. R. 681; 22 CFR 51.77), under authority of section 1 of the act of Congress approved July 3, 1926 (44 Stat. 887; 22 U. S. C. 211 (a)), the regulations issued on March 31, 1938 Departmental Order 749) as amended (22 CFR 51.101 to 51.134 are hereby further amended by the addition of new §§ 51.135 to 51.143 as follows:

Sec.

51. 135 Limitations on issuance of passports to persons supporting Communist movement.

51. 136 Limitations on issuance of passports to persons likely to violate laws of the United States.

1 See in this connection statement by Secretary of State Acheson of June 18, 1952; Department of State Bulletin. July 7, 1952, pp. 40–42.

217 Fed. Reg. 8013-8014. See in this connection statement issued by the Department of State on Sept. 2, 1952; Department of State Bulletin, Sept. 15, 1952, p. 417.

Sec.

51. 137 Notification to person whose passport application is tentatively

disapproved.

51. 138 Appeal by passport applicant.

51. 139 Creation and functions of Board of Passport Appeals.

51. 140 Duty of Board to advise Secretary of State on action for disposition of appealed cases.

51. 141 Bases for findings of fact by Board.

51. 142 Oath or affirmation by applicant as to membership in Communist Party.

51. 143 Applicability of §§ 51.135 to 51.142.

AUTHORITY: §§ 51.135 to 51.143 issued under sec. 1, 44 Stat. 887; 22 U. S. C. 211a.

§ 51.135 Limitations on issuance of passports to persons supporting Communist movement. In order to promote the national interest by assuring that persons who support the world Communist movement of which the Communist Party is an integral unit may not, through use of United States passports, further the purposes of that movement, no passport, except one limited for direct and immediate return to the United States, shall be issued to:

(a) Persons who are members of the Communist Party or who have recently terminated such membership under such circumstances as to warrant the conclusion-not otherwise rebutted by the evidencethat they continue to act in furtherance of the interests and under the discipline of the Communist Party:

(b) Persons, regardless of the formal state of their affiliation with the Communist Party, who engage in activities which support the Communist movement under such circumstances as to warrant the conclusion-not otherwise rebutted by the evidence that they have engaged in such activities as a result of direction, domination, or control exercised over them by the Communist movement.

(c) Persons, regardless of the formal state of their affiliation with the Communist Party, as to whom there is reason to believe, on the balance of all the evidence, that they are going abroad to engage in activities which will advance the Communist movement for the purpose, knowingly and wilfully of advancing that movement.

§ 51.136 Limitations on issuance of passports to persons likely to violate laws of the United States. In order to promote the national interest by assuring that the conduct of foreign relations shall be free from unlawful interference, no passport, except one limited for direct and immediate return to the United States, shall be issued to persons as to whom there is reason to believe, on the balance of all the evidence, that they are going abroad to engage in activities while abroad which would violate the laws of the United States, or which if carried on in the United States would violate such laws designed to protect the security of the United States.

§ 51.137 Notification to person whose passport application is tentatively disapproved. A person whose passport application is tentatively disapproved under the provisions of § 51.135 or $51.136 will be

notified in writing of the tentative refusal, and of the reasons on which it is based, as specifically as in the judgment of the Department of State security considerations permit. He shall be entitled, upon request, and before such refusal becomes final, to present his case and all relevant information informally to the Passport Division. He shall be entitled to appear in person before a hearing officer of the Passport Division, and to be represented by counsel. He will, upon request, confirm his oral statements in an affidavit for the record. After the applicant has presented his case, the Passport Division will review the record, and after consultation with other interested offices, advise the applicant of the decision. If the decision is adverse, such advice will be in writing and shall state the reasons on which the decision is based as specifically as within the judgment of the Department of State security limitations permit. Such advice shall also inform the applicant of his right to appeal under § 51.138.

851.138 Appeal by passport applicant. In the event of a decision. adverse to the applicant, he shall be entitled to appeal his case to the Board of Passport Appeals provided for in § 51.139.

§ 51.139 Creation and functions of Board of Passport Appeals. There is hereby established within the Department of State a Board of Passport Appeals, hereinafter referred to as the Board, composed of not less than three officers of the Department to be designated by the Secretary of State. The Board shall act on all appeals under § 51.138. The Board shall adopt and make public its own rules of procedure, to be approved by the Secretary, which shall provide that its duties in any case may be performed by a panel of not less than three members acting by majority determination. The rules shall accord applicant the right to a hearing and to be represented by counsel, and shall accord applicant and each witness the right to inspect the transcript of his own testimony.

851.140 Duty of Board to advise Secretary of State on action for disposition of appealed cases. It shall be the duty of the Board, on all the evidence, to advise the Secretary of the action it finds necessary and proper to the disposition of cases appealed to it, and to this end the Board may first call for clarification of the record, further investigation, or other action consistent with its duties.

§ 51.141 Bases for findings of fact by Board. (a) In making or reviewing findings of fact, the Board, and all others with responsibility for so doing under §§ 51.135 to 51.143, shall be convinced by a preponderance of the evidence, as would a trial court in a civil case.

(b) Consistent and prolonged adherence to the Communist Party line on a variety of issues and through shifts and changes of that line will suffice, prima facie, to support a finding under § 51.135 (b).

§ 51.142 Oath or affirmation by applicant as to membership in Communist Party. At any stage of the proceedings in the Passport Division or before the Board, if it is deemed necessary, the applicant may be required, as a part of his application, to subscribe, under oath or affirmation, to a statement with respect to present or past membership in the Communist Party. If applicant states that he is a Com

munist, refusal of a passport in his case will be without further proceedings.

$51.143 Applicability of §§ 51.135 to 51.142. When the standards set out in § 51.135 or § 51.136 are made relevant by the facts of a particular case to the exercise of the discretion of the Secretary under 51.75, the standards in §§ 51.135 and 51.136 shall be applied and the procedural safeguards of $8 51.137 to 51.142 shall be followed in any case where the person affected takes issue with the action of the Department in granting, refusing, restricting, withdrawing, cancelling, revoking, extending, renewing, or in any other fashion or degree affecting the ability of a person to use a passport through action taken in a particular case.

Date of issuance: August 28, 1952.

For the Secretary of State.

W. K. SCOTT,

Acting Deputy Under Secretary.

8. RULES OF THE BOARD OF PASSPORT APPEALS,
JANUARY 4, 19541

Pursuant to the authority vested in the Board of Passport Appeals by the Regulations of the Secretary of State issued on August 28, 1952 (17 F. R. 8013; 22 CFR 51.139) and pursuant to the authority vested in the Secretary of State by paragraph 126 of Executive Order No. 7856, issued on March 31, 1948 [1938] (3 F. R. 681; 22 CFR 51.77), under authority of section 1 of the act of Congress approved July 3, 1926 (44 Stat. 887; 22 U. S. C. 211 (a)), the regulations issued on March 31, 1938 (Departmental Order 749) as amended (22 CFR 51.101 through 51.143) are hereby further amended by the addition of the following rules of the Board of Passport Appeals as adopted by the Board, and approved by the Secretary for incorporation as §§ 51.151 through 51.170 of Subpart B of Part 51 of 22 CFR:

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1 19 Fed. Reg. 161-162. See in this connection statement issued by the Department of State on June 6, 1955; Department of State Bulletin, June 27, 1955, pp. 1050-1051.

2 See supra.

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AUTHORITY: §§ 51.151 to 51.170 issued under sec. 1, 44 Stat. 887; 22 U. S. C. 211a.

§ 51.151 Organization of Board. The Secretary of State shall appoint a Board of Passport Appeals consisting of three or more members, one of whom shall be designated by the Secretary as Chairman. The Chairman shall assure that there is assigned to hear the appeal of any applicant a panel of not less than three members including himself or his designee as presiding officer, which number shall constitute a quorum.

§ 51.152 Decisions of the Board. Decisions shall be by majority vote. Voting may be either in open or closed session on any question except recommendations under § 51.140, which shall be in closed session. Decisions under § 51.140 shall be in writing and shall be signed by all participating members of the Board.

51.153 Counsel to the Board. A Counsel, to be designated by the Secretary of State, shall be responsible to the Board for the scheduling and presentation of cases, aid in legal and procedural matters, information to the applicant as to his procedural rights before the Board, maintenance of records and such other duties as the Board or the Chairman, on its behalf, may determine.

§ 51.154 Examiner. The Board may, within its discretion, appoint an examiner in any case, who may, with respect to such case, be vested with any or all authority vested in the Board or its presiding officer, subject to review and final decision by the Board, but, an applicant shall not be denied an opportunity for a hearing before the Board unless he expressly waives it.

§ 51.155 Chairman. The Chairman, or his designee, shall preside at all hearings of the Board, and shall be empowered in all respects to regulate the course of the hearings and pass upon all issues relating thereto. The Chairman, or his designee, shall be empowered to administer oaths and affirmations.

$51.156 Prior administrative remedies. It is required that prior to petitioning for an appeal, an applicant shall (a) exhaust the administrative remedies available in the Passport Office, as set out in § 51.137, and (b) comply with the provisions of § 51.142, as a part of his application, if deemed necessary by the Passport Office.

§ 51.157 Petition. An applicant desiring to take an appeal shall, within thirty calendar days after receipt of the advice of adverse

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