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Subchapter F—Nationality and Passports

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Subchapter F—Nationality and Passports SUBCHAPTER F—NATIONALITY AND PASSPORTS PART 50—NATIONALITY (c) Secretary means the Secretary of PROCEDURES State. (d) National means a citizen of the Sec. United States or a noncitizen owing 50.1 Definitions. permanent allegiance to the United States. Subpart A—Procedures for Determination (e) Passport means a travel document of United States Nationality of a Person issued under the authority of the Sec- Abroad retary of State attesting to the iden- tity and nationality of the bearer. 50.2 Determination of U.S. nationality of persons abroad. (f) Passport Agent means a person des- 50.3 Application for registration. ignated by the Department to accept 50.4 Application for passport. passport applications. 50.5 Application for registration of birth (g) Designated nationality examiner abroad. means a United States citizen em- 50.6 Registration at the Department of ployee of the Department of State as- birth abroad. signed or employed abroad (perma- 50.7 Consular Report of Birth Abroad of a nently or temporarily) and designated Citizen of the United States of America. 50.8 Certification of Report of Birth Abroad by the Deputy Assistant Secretary of of a United States Citizen. State for Overseas Citizen Services, to 50.9 Card of identity. grant, issue and verify U.S. passports. 50.10 Certificate of nationality. A designated nationality examiner 50.11 Certificate of identity for travel to the may adjudicate claims of acquisition United States to apply for admission. and loss of United States nationality and citizenship as required for the pur- Subpart B—Retention and Resumption of pose of providing passport and related Nationality services. The authority of designated 50.20 Retention of nationality. nationality examiners shall include the 50.30 Resumption of nationality. authority to examine, adjudicate, ap- prove and deny passport applications Subpart C—Loss of Nationality and applications for related services. The authority of designated nation- 50.40 Certification of loss of U.S. nation- ality examiners shall expire upon ter- ality. 50.50 Renunciation of nationality. mination of the employee’s assignment 50.51 Notice of right to appeal for such duty and may also be termi- nated at any time by the Deputy As- AUTHORITY: 22 U.S.C. 2651a; 8 U.S.C. 1104, sistant Secretary for Overseas Citizen 1502, 1503 and 1504. Services. SOURCE: 31 FR 13537, Oct. 20, 1966, unless otherwise noted. [31 FR 13537, Oct. 20, 1966, as amended at 31 FR 14521, Nov. 11, 1966; 61 FR 43311, Aug. 22, § 50.1 Definitions. 1996] The following definitions shall be ap- plicable to this part: Subpart A—Procedures for Deter- (a) United States means the conti- mination of United States Na- nental United States, the State of Ha- tionality of a Person Abroad waii, the Commonwealth of Puerto Rico, the Virgin Islands of the United § 50.2 Determination of U.S. nation- States, the Canal Zone, American ality of persons abroad. Samoa, Guam and any other islands or The Department shall determine territory over which the United States claims to United States nationality exercises jurisdiction. when made by persons abroad on the (b) Department means the Department basis of an application for registration, of State of the United States of Amer- for a passport, or for a Consular Report ica. of Birth Abroad of a Citizen of the 249 VerDate Jan<31>2003 10:42 Apr 16, 2003 Jkt 200072 PO 00000 Frm 00249 Fmt 8010 Sfmt 8010 Y:\SGML\200072T.XXX 200072T § 50.3 22 CFR Ch. I (4–1–03 Edition) United States of America. Such deter- iner may accept and adjudicate the ap- minations of nationality may be made plication for a Consular Report of abroad by a consular officer or a des- Birth Abroad of a Citizen of the United ignated nationality examiner. A des- States of America for a child born in ignated nationality examiner may ac- their consular district. In specific in- cept and approve/disapprove applica- stances, the Department may authorize tions for registration and accept and consular officers and other designated approve/disapprove applications for employees to adjudicate the applica- passports and issue passports. Under tion for a Consular Report of Birth the supervision of a consular officer, Abroad of a child born outside his/her designated nationality examiners shall consular district. Under the super- accept, adjudicate, disapprove and pro- vision of a consular officer, designated visionally approve applications for the nationality examiners shall accept, ad- Consular Report of Birth Abroad. A judicate, disapprove and provisionally Consular Report of Birth Abroad may approve applications for the Consular only be issued by a consular officer, Report of Birth Abroad. The applicant who will review a designated nation- shall be required to submit proof of the ality examiner’s provisional approval child’s birth, identity and citizenship of an application for such report and meeting the evidence requirements of issue the report if satisfied that the subpart C of part 51 of this subchapter claim to nationality has been estab- and shall include: lished. (a) Proof of child’s birth. Proof of [31 FR 13537, Oct. 20, 1966, as amended at 61 child’s birth usually consists of, but is FR 43311, Aug. 22, 1996] not limited to, an authentic copy of the record of the birth filed with local § 50.3 Application for registration. authorities, a baptismal certificate, a (a) A person abroad who claims U.S. military hospital certificate of birth, nationality, or a representative on his or an affidavit of the doctor or the per- behalf, may apply at a consular post son attending the birth. If no proof of for registration to establish his claim birth is available, the person seeking to U.S. nationality or to make his resi- to register the birth shall submit his dence in the particular consular area a affidavit explaining why such proof is matter of record. not available and setting forth the (b) The applicant shall execute the facts relating to the birth. registration form prescribed by the De- (b) Proof of child’s citizenship. Evi- partment and shall submit the sup- dence of parent’s citizenship and, if porting evidence required by subpart C pertinent, evidence of parent’s physical of part 51 of this chapter. A diplomatic or consular officer or a designated na- presence in the United States as re- tionality examiner shall determine the quired for transmittal of claim of citi- period of time for which the registra- zenship by the Immigration and Na- tion will be valid. tionality Act of 1952 shall be sub- mitted. [31 FR 13537, Oct. 20, 1966, as amended at 61 FR 43312, Aug. 22, 1996] [31 FR 13537, Oct. 20, 1966, as amended at 61 FR 43312, Aug. 22, 1996] § 50.4 Application for passport. § 50.6 Registration at the Department A claim to U.S. nationality in con- of birth abroad. nection with an application for pass- port shall be determined by posts In the time of war or national emer- abroad in accordance with the regula- gency, passport agents may be des- tions contained in part 51 of this chap- ignated to complete consular reports of ter. birth for children born at military fa- cilities which are not under the juris- § 50.5 Application for registration of diction of a consular office. An officer birth abroad. of the Armed Forces having authority Upon application by the parent(s) or to administer oaths may take applica- the child’s legal guardian, a consular tions for registration under this sec- officer or designated nationality exam- tion. 250 VerDate Jan<31>2003 10:42 Apr 16, 2003 Jkt 200072 PO 00000 Frm 00250 Fmt 8010 Sfmt 8010 Y:\SGML\200072T.XXX 200072T Department of State § 50.11 § 50.7 Consular Report of Birth Abroad parent or legal guardian a certificate of a Citizen of the United States of entitled ‘‘Certification of Report of America. Birth Abroad of a United States Cit- (a) Upon application and the submis- izen.’’ sion of satisfactory proof of birth, iden- [61 FR 43312, Aug. 22, 1996] tity and nationality, and at the time of the reporting of the birth, the consular § 50.9 Card of identity. officer may issue to the parent or legal guardian, when approved and upon pay- When authorized by the Department, ment of a prescribed fee, a Consular consular offices or designated nation- Report of Birth Abroad of a Citizen of ality examiners may issue a card of the United States of America. identity for travel to the United States (b) Amended and replacement Con- to nationals of the United States being sular Reports of Birth Abroad of a Cit- deported from a foreign country, to na- izen of the United States of America tionals/citizens of the United States in- may be issued by the Department of volved in a common disaster abroad, or State’s Passport Office upon written to a returning national of the United request and payment of the required States to whom passport services have fee. been denied or withdrawn under the (c) When it reports a birth under provisions of this part or parts 51 or 53 § 50.6, the Department shall furnish the of this subchapter. Consular Report of Birth Abroad of a Citizen of the United States of America [61 FR 43312, Aug. 22, 1996] to the parent or legal guardian upon application and payment of required § 50.10 Certificate of nationality. fees. (a) Any person who acquired the na- (d) A consular report of birth, or a tionality of the United States at birth certification thereof, may be canceled and who is involved in any judicial or if it appears that such document was administrative proceedings in a foreign illegally, fraudulently, or erroneously state and needs to establish his U.S.
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