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7 FAM 1380
(SBU) PASSPORT DENIAL, REVOCATION, LIMITATION,
RESTRICTION, AND SURRENDER
(CT:CON-639; 02-24-2016)
(Office of Origin: CA/OCS/L)

7 FAM 1381 (SBU) OVERVIEW


(CT:CON-578; 06-05-2015)
a. (SBU) This subchapter addresses the basis for denial of passports,
revocation of passports, and issues regarding limitation, restriction,
and surrender of passports.
b. (SBU) This subchapter also addresses revocation of a Consular Report
of Birth Abroad of a Citizen of the United States (CRBA).
c. (SBU) Because these issues are inherently legal, the subchapter
explains those areas which require referral by domestic passport
agencies/centers or posts abroad to their respective Bureau of
Consular Affairs legal offices.
(1) (U) The Passport Services' Office of Legal Affairs and Law
Enforcement Liaison, Legal Division (CA/PPT/S/L/LA), hereafter
referred to as Passport Legal, is responsible for all passport
revocation issues. CA/PPT/S/L/LA's mailing address is the
following dual address, both physical and P.O. box address, and the
nine-digit zip code:
(U) U.S. Department of State
Office of Legal Affairs
CA/PPT/S/L
44132 Mercure Cir
P.O. Box 1227
Sterling, VA 20166-1227
Public phone: 202-485-6400
Fax: 202-485-6496

(2) (U) The Overseas Citizens Services' Office of Legal Affairs


(CA/OCS/L) coordinates with CA/PPT/S/L/LA, regarding CRBA and
all overseas passport revocations.
d. (SBU) The subchapter also delineates those circumstances where
consular officers at posts abroad and passport issuing officers at
domestic passport agencies/centers are authorized to make such
determinations.
e. (SBU) This subchapter discusses the imposition of restrictions on the
use of the passport for travel to certain countries.
f. (U) The mailing address for the Passport Services' Office of Technical
Operations, Record Services Division (CA/PPT/S/TO/RS) is the
following dual address, both physical and P.O. box address, and the
nine-digit zip code:
(U) U.S. Department of State
Record Services Division
CA/PPT/S/TO/RS
44132 Mercure Cir
P.O. Box 1213
Sterling, VA 20166-1213

g. (U) The mailing address for the CLASP Unit (CA/PPT/S/L/LE/CP) is the
dual address, both physical and P.O. box address, and the nine-digit zip
code:
(U) U.S. Department of State
Consular Lost and Stolen Passport Unit
(CLASP)
CA/PPT/S/L/LE/CP
44132 Mercure Circle
P.O. Box 1227
Sterling, VA 20166-1227
Telephone: 202-485-6600

7 FAM 1381.1 (SBU) Responsibilities


(CT:CON-578; 06-05-2015)
a. (SBU) Domestic passport agencies and centers and U.S. embassies
and consulates abroad are authorized to adjudicate claims to U.S.
citizenship or U.S. non-citizen national status in accordance with 7
FAM 1100, Acquisition of U.S. Citizenship by Birth in the United States,
7 FAM 1340, Examination and Adjudication of Passport Applications
(under development), and 7 FAM 1440 Consular Report of Birth Abroad
of a Citizen/Non-Citizen National of the United States.
(1) (SBU) Passport Legal and CA/OCS/L, and on occasion in
coordination with the Office of the Legal Adviser for Consular
Affairs (L/CA), assist domestic passport agencies and centers and
posts abroad, respectively, in such adjudications where complex
legal issues arise.
(2) (SBU) Written notification requirements for denial of a passport or
CRBA are explained in 7 FAM 1381.2.
b. (SBU) In addition to non-citizenship or insufficient proof of identity, a
passport may be denied on the grounds enumerated in 22 CFR 51.60.
Cases to be denied on these grounds usually come to the attention of
the adjudicator when the applicants name fails to clear the Consular
Lookout and Support System (CLASS). (See 7 FAM 1330, Name
Clearance of Passport Applicants.)
c. (SBU) Only Passport Legal may authorize (in writing) the revocation of
a passport, or the denial of a passport (22 CFR 51.60, 22 CFR 51.61, 22
CFR 51.62) due to a CLASS law enforcement hold.
d. (SBU) Only Passport Legal may implement restrictions on the use of a
passport for travel to certain countries (22 CFR 51.63) or authorize
validation of a passport for travel to certain countries (22 CFR 51.64).
(See 7 FAM 1389.)

7 FAM 1381.2 (SBU) Application Issuance, Denial, or


Withdrawal Policy
(CT:CON-578; 06-05-2015)
a. (SBU) The final disposition of all pending passport applications must
be issuance, denial, or withdrawal in writing by the applicant. The
applicant must be informed in writing of the passport denial in
accordance with guidance provided in 7 FAM 1300 Appendix T,
Information Request Letters (IRLs)and Information Notices (INs), as
well as in this subchapter.
b. (SBU) The applicant has the burden of proving his/her eligibility for a
U.S. passport, including U.S. citizenship/nationality (22 CFR 51.40) and
identity (22 CFR 51.23) by a preponderance of evidence standard.
This standard means that you must determine that it is more likely than
not that the applicant is eligible for a U.S. passport.
c. (SBU) If the applicant does not establish eligibility for a U.S. passport
by a preponderance of the evidence, the application must be denied
unless it is withdrawn, in writing, by the applicant.
(1) (SBU) When an application is denied, the applicant may apply again
with additional evidence; however, he/she must file a new
application and pay the appropriate fees.
(2) (SBU) When a passport application is denied for non-citizenship,
the passport agency/center or overseas post must immediately
enter a Q (questionable claim) or N (non-acquisition) lookout
into the Consular Lookout and Support System (CLASS) via the
Passport Lookout Tracking System (PLOTS) or Enterprise Case
Assessment Service (ECAS) as appropriate.
(3) (SBU) The original denied application, supporting evidence,
correspondence, etc. must be forwarded to Passport Services
Records Services Division under a cover memo explaining that it is
a denied application. The denied application packages for both
domestic agencies/centers and posts abroad must be sent to
CA/PPT/S/TO/RS (see 7 FAM 1381).
d. (SBU) Questionable Certificates of Naturalization and Citizenship.
(1) (SBU) By law, 8 U.S.C. 1443(e), Certificates of Naturalization or
Citizenship are proof of United States citizenship. Accordingly, an
individual remains eligible for a U.S. passport until his/her
Certificate of Naturalization or Certificate of Citizenship is revoked
by U.S. Citizenship and Immigration Services (USCIS) or a U.S
District court, or unless he/she is ineligible for passport services for
reasons other than non-citizenship.
(2) (SBU) You may not ask the applicant to present copies of the
documentary evidence submitted to USCIS in support of the petition
for the Certificate of Citizenship. The certificate stands on its own
and cannot be questioned.
(SBU) NOTE: Keep in mind that USCIS conducts interviews with
applicants and that there may be additional information which the
individual provided which was not available when an N (No claim to
U.S. citizenship) or Q (Questionable claim to U.S. citizenship) CLASS
reason code was entered.

(3) (SBU) Generally, if an applicants name hits against an N or Q


CLASS reason code when the individual presents either a Certificate
of Naturalization or Citizenship, you must issue a full validity
passport. Reasons for denial may include failure to sufficiently
establish identity or other non-entitlement reasons. Passport
agencies/centers (supervisors/managers) must remove the lookout
from CLASS. Overseas posts must contact their CA/OCS/ACS
country officer to remove the lookout from CLASS.
(4) (SBU) Passport agencies/centers and overseas post must not
attempt to obtain a copy of the applicants USCIS file for
comparison with the passport file before the passport is issued.
(5) (SBU) In very limited instances, in which the underlying evidence in
the N or Q lookout file clearly indicates non-acquisition (e.g.,
DNA test indicates the putative U.S. citizen parent is not the
biological parent), further review of the case may be warranted. .
(See 7 FAM 1381.2 paragraph (d)(6) below for fraud reviews. After
the CA/OCS/L or Passport Legal review described below, those
offices will refer fraud cases to CA/FPP for forwarding to FDNS
when fraud is suspected in the application for USCIS benefits.
(a) (SBU) Domestic Agencies/Centers:
(i) (SBU) After review of such a case by the appropriate
domestic passport agency/center manager, a copy of the
passport file must be referred to the Division Chief of
Passport Legal at AskPPTLegal@state.gov with a cover
memo explaining the criteria by which the agency/center
has determined that the applicant did not acquire U.S.
citizenship in spite of the submission of either a Certificate
of Naturalization or Certificate of Citizenship.
(ii) (SBU) Passport Legal will decide whether to forward the
case to USCIS for its review. If Passport Legal does not
forward the case to USCIS, or if it is forwarded, and USCIS
declines to cancel the Certificate of
Naturalization/Certificate of Citizenship; the passport
agency/center must issue the passport without further
inquiries.
(b) (SBU) Overseas Posts:
(i) (SBU) A copy of the passport file must be referred to
CA/OCS/L at Ask-OCS-L@state.gov with a cover memo
explaining the criteria by which the post determined that the
applicant did not acquire U.S. citizenship in spite of the
submission of the Certificate of Naturalization/Certificate of
Citizenship.
(ii) (SBU) CA/OCS/L will decide whether to forward the case to
USCIS for review. If CA/OCS/L does not forward the case to
USCIS, or if it is forwarded and USCIS declines to cancel the
Certificate of Naturalization or Certificate of Citizenship, the
post must issue the passport without further inquiries.
(c) (SBU) While the appropriate review is taking place, the applicant
should be issued a limited one-year validity passport using
endorsement code 46 (through the Overseas Photodigitization
Program (OPDP) or a three month limited Emergency
Photodigitization passport (EPDP) at post using endorsement
code 109. See 7 FAM 1300 Appendix B for endorsement text.
(6) (SBU) In the course of a fraud review, a Fraud Program/Prevention
Manager (FPM) may discover evidence of fraud, unknown to USCIS,
that adversely affected USCIS's adjudication of naturalization,
citizenship acquisition, adjustment of status, or other relevant
status. If a FPM encounters evidence of such material
misrepresentation or fraud, the FPM will refer the information to
their CA/FPP liaison for possible forwarding to the USCIS Fraud
Detection and National Security Directorate (FDNS). This process is
based on a 2012 Letter of Understanding from the Bureau of
Consular Affairs (CA) to FDNS. FPMs are reminded that even when
evidence may indicate that a Certificate of Naturalization or
Citizenship was issued in error, the individual is entitled to a U.S.
passport until such time as the naturalization or citizenship
certificate is revoked (see 7 FAM 1153 and 22 U.S.C. 2705).
Referrals to the CA/FPP liaisons for FDNS should only occur after
the passport agency or center or post abroad has completed action
on the application.
(a) (SBU) FPMs will send all appropriate referrals to CA/FPP for
review. Guidelines for referrals are:
(i) (SBU) The evidence of fraud or misrepresentation has not
previously been sent to any DHS office for fraud review;
(ii) (SBU) USCIS was not already aware of the information;
(iii) (SBU) The passport application has had a final action with
the passport being either issued or denied; and
(iv) (SBU) There is material evidence of fraud that can be
provided to establish that an incorrect adjudication of
citizenship of citizenship or immigration benefits has
occurred. Conjecture and supposition do not warrant a
referral to FDNS.
(b) (SBU) CA/FPP will verify that each referral meets the guidelines
and that there is no further information which nullifies the need to
refer the evidence. CA/FPP will forward referrals that meet these
conditions to FDNS.
(c) (SBU) To initiate a referral, FPMs will first ensure that all relevant
documents and notes are scanned into the Enterprise Case
Assessment service (ECAS), and then send an e-mail to their
CA/FPP liaison officer. The e-mail should include the ECAS case
number and a short description o the material evidence of fraud
that can be found in the ECAS report.
(d) (SBU) CA/FPP will track the referrals with FDNS and inform FPMs
of the final outcome when communicated by FDNS.
e. (SBU) In accordance with the new policy, there are four (4) types of
passport application denials:
(1) (SBU) Applicant is Not Eligible for or Entitled to a U.S. Passport:
(a) (SBU) You must deny a passport application when you
determine that the applicant has not established that he/she is a
U.S. citizen/national or otherwise is not eligible for or entitled to
a U.S. passport;
(b) (SBU) Applicants whose denial is on the basis of non-citizenship
must be sent a denial letter stating the specific reason(s) the
passport will not be issued. These denial letters require the
approval and signature of the director at a domestic passport
agency/center or the consular section chief at an overseas post
(depending upon where the passport application is submitted).
(c) (SBU) Denials for applicants who are not eligible for or entitled
to a U.S. passport for reasons other than non-citizenship, (i.e.,
because of arrearages for child support, criminal warrants/court
orders or other reasons as listed in 22 CFR 51.60 - 51.62) are
discussed in 7 FAM 1383 - 7 FAM 1387). Denials for applicants
due to criminal warrants/court orders are handled by Passport
Legal.
(2) (SBU) Applicant Has Responded in a Timely Manner to a Request
for Additional Evidence but Fails to Submit Sufficient Evidence:
(a) (SBU) You must inform the applicant that this new submitted
evidence is not sufficient (by IRL), and grant an additional 90-day
time period (or reasonable additional time extension) in which
the applicant may submit the required documentation.
(b) (SBU) Domestic passport agencies/centers and overseas posts
must ensure that the applicant understands what type of
evidence is needed, and allow him/her sufficient time (90-day
incremental time periods) to provide the required
documentation. Customers' requests for additional time should
generally be honored. However, applications should not be
suspended indefinitely.
(c) (SBU) You must deny the passport application when you have
provided the applicant with a sufficient period of time (see 7
FAM 1381.2 paragraph e(2)(b) above) and it is apparent there is
little or no expectation of sufficient additional evidence that can
be provided to show eligibility for or entitlement to a U.S.
passport through a failure to establish U.S.
citizenship/nationality, identity, or fulfillment of statutory
requirements.
(d) (SBU) When an application is denied because the applicant did
not submit sufficient evidence to determine eligibility, it is
important to make the distinction that this action is not a denial
of the applicants claim to U.S. citizenship, rather a denial of the
application due to insufficient evidence at this time. A denial
letter stating the specific reason(s) for passport denial must be
sent to the applicant along with the initial Information Request
Letter (IRL) or post equivalent. (See 7 FAM 1300 Appendix T).
The denial letter for this type of application does not require the
approval of a supervisor at a domestic passport agency/center
or the consular section chief at an overseas post.
(3) (SBU) Applicant Fails to Respond to a Request for Additional
Information and/or Documents within the Standard Ninety (90)
days:
(a) (SBU) You must deny an application on the basis of insufficient
evidence of eligibility if the applicant fails to respond to a
request for additional information within 90 days of the date of
the initial IRL or request letter. The denial is not based on the
failure of the applicant to respond to the request for additional
information.
(b) (SBU) A denial letter stating the specific reason(s) why the
passport will not be issued, and enclosing the initial IRL (or post
equivalent), must be sent to the applicant.
(c) (SBU) You should exercise discretion when determining whether
to deny an application or to keep it active pending a request for
further information and/or documentation. It is important to
ensure that the applicant understands what type of evidence is
needed. However, applications should not be suspended
multiple times when there is little or no reasonable expectation
that the applicant will be able to produce additional evidence in
support of issuance.
(4) (SBU) Applicant Applies in Error:
(a) (SBU) Passport applications in which the applicant has applied
for a U.S. passport in error must be denied.
(SBU) NOTE: This section does not pertain to individuals with
appropriately executed applications whose possible claims to U.S.
citizenship are being adjudicated.
(SBU) Examples of Applicant Applying in Error:
A foreign national applicant who is not claiming U.S. citizenship, but has
heard you need a U.S. passport to enter the United States mistakenly
applies for a U.S. passport, presenting a foreign passport as proof of
nationality and identity. The U.S. passport application is denied and the
person is advised of procedures to apply for a U.S. visa, as appropriate;
The applicant is a U.S. Lawful Permanent Resident (LPR) Alien and does
not claim to be a U.S. citizen;
A first-time passport applicant living abroad mails an unexecuted Form
DS-11 from overseas to a domestic passport agency or center. The
passport application is denied and the applicant is advised to apply in
person at the U.S. embassy or consulate in his/her country of residence.
(b) (SBU) With these types of applications, the passport
agency/center or U.S. embassy/consulate may in fact be
denying that the applicant is a U.S. citizen/national. A denial
letter setting forth the specific reasons a passport will not be
issued must be mailed or given to the applicant. Denial letters
for these cases must receive the same level of review as an IRL
(or post equivalent) at a passport agency/center or overseas
post.
f. (SBU) Withdrawal of a Passport Application.
(1) (SBU) An applicant may submit a written request to withdraw
his/her passport application. These cases will be referred to as
withdrawals.
(2) (SBU) Upon receipt of such a request, you must send or give a
letter to the applicant acknowledging the withdrawal, and return the
submitted documents, unless the application is being reviewed for
suspected fraud (see 22 CFR 51.46). The application is never
returned to the applicant.
(3) (SBU) The application and execution fees are not refundable.
(4) (SBU) The letter acknowledging withdrawal is prepared by a
passport specialist or consular officer and receives the same level
of review as an IRL (or post equivalent).
7 FAM 1382 (SBU) AUTHORITIES
(CT:CON-578; 06-05-2015)
a. (SBU) Statutory authority for denial, limitation, and revocation of
passports:
(1) (SBU) 22 U.S.C. 211a - Authority to grant, issue, and verify
passports;
(2) (SBU) 22 U.S.C. 217a - Limitation of Time Period of Validity of a
Passport;
(3) (SBU) 42 U.S.C. 652(k) - Denial and Revocation of Passports for
Non-Payment of Child Support;
(4) (SBU) 22 U.S.C. 2714 - Denial of Passports to certain convicted
drug traffickers;
(5) (SBU) 22 U.S.C. 2721 - Impermissible Basis for Denial of Passports;
(6) (SBU) 22 U.S.C. 2671(d)(3) Denial of Passports for Default on a
Repatriation Loan; and
(7) (SBU) 8 U.S.C. 1504 - Cancellation of United States passports and
Consular Reports of Birth.
b. (SBU) Regulatory authority for denial, limitation, and revocation of
passports:
(1) (SBU) 22 CFR 51.60 - Denial of Passports;
(2) (SBU) 22 CFR 51.61 - Denial of passports to certain convicted drug
traffickers;
(3) (SBU) 22 CFR 51.62 - Revocation or limitation of passports;
(4) (SBU) 22 CFR 51.63 - Passports invalid for travel into or through
restricted areas;
(5) (SBU) 22 CFR 51.64 - Special validation of passports for travel to
restricted areas;
(6) (SBU) 22 CFR 51.65 - Notification of denial or revocation of
passport;
(7) (SBU) 22 CFR 51.66 - Surrender of a Revoked Passport; and
(8) (SBU) 22 CFR 51.70 22 CFR 51.74 - Procedures for Review of an
Adverse Action.
7 FAM 1383 (SBU) DENIAL OF PASSPORT ISSUANCE - LAW
ENFORCEMENT GROUNDS
7 FAM 1383.1 (SBU) Summary
(CT:CON-578; 06-05-2015)
a. (SBU) CLASS contains information received from a variety of local,
State, and Federal law enforcement agencies that are requesting
denial/revocation of passport services to certain individuals. (See 7
FAM 1330, Name Clearance of Passport Applicants.)
b. (SBU) The B/L, R/L, T/L, and U/L categories in CLASS hits also contain
information received from a variety of local, State, and Federal law
enforcement agencies wishing to be notified of an individual's future
passport application.
c. (SBU) All inquiries from U.S. embassies and consulates abroad and
passport agencies/centers in the United States regarding passport
denials, passport revocations, or any pending B/L, R/L, T/L, and U/L
CLASS hit cases must be referred to Passport Legal. The following
global addresses are to be used:
(SBU) Passport Agencies/Centers - CA-PPT-Legal-Hits-Domestic@state.gov
Overseas Posts - CA-PPT-Legal-Hits-Overseas@state.gov.

(SBU) You must use the above email addresses for all communications
regarding these types of cases. Failure to use these addresses may
result in needless delays. Posts must include their CA/OCS/ACS
country officers in any email communications with CA-PPT-Legal-Hits-
Overseas@state.gov.
d. (SBU) Every law enforcement CLASS hit, including the B/L, R/L, T/L,
and U/L categories, must be cleared with the appropriate law
enforcement authority each time it is entered.
(SBU) NOTE: There may be instances where the passport application
clears CLASS but submitted documentation indicates that there may
be possible grounds for passport denial. An example of this would be
when a Form DS-11, Application for a U.S. Passport, is accompanied by
a Form DS-64, Statement Regarding a Lost or Stolen Passport, on
which the applicant states that his or her previous passport was
confiscated by a civil or criminal court. In such cases, you must
provide a short explanation of your concern, and scan a copy of the
newly-submitted passport application (all pages), copies of all
accompanying citizenship evidence and supporting documents, and
email them to the appropriate domestic or overseas global email
addresses noted above.

7 FAM 1383.2 (SBU) Procedures


(CT:CON-639; 02-24-2016)
a. (SBU) Requests for Passport Denial/Revocation: Any request to deny a
passport application, to revoke a passport, or for notification of future
passport issuance for an individual that is received from local, State, or
Federal law enforcement must be emailed immediately to Passport
Legal at CA-PPT-Legal-Hits-Overseas@state.gov or CA-PPT-Legal-Hits-
Domestic@state.gov (for denials only). For revocations, send to CA-
PPT-Revocations@State.gov or fax to 202-485-6496 as explained in 7
FAM 1383.2, subparagraphs b(2) and b(3).
b. (SBU) Clearing a Name through CLASS: If, when clearing a name
through CLASS, you determine that there is a true B/L, R/L, T/L, or U/L
CLASS hit, take the following actions:
(1) (SBU) Scan a copy of the newly-submitted passport application (all
pages), copies of all accompanying citizenship evidence and
supporting documents, and CLASS record (hit) screen;
(2) (SBU) Domestic passport agencies/centers must email them to
Passport Legal at CA-PPT-Legal-Hits-Domestic@state.gov (or) fax
them to 202-485-6496;
(3) (SBU) Overseas posts must email them to Passport Legal at CA-
PPT-Legal-Hits-Overseas@state.gov (or) fax them to 202-485-6496,
and include your CA/OCS/ACS country officer in the email.
(4) (SBU) The subject line of the email message must be: Last name
of applicant, First name, date of birth (DOB), and application
number. If the action needed is immediate, please make the first
word "URGENT; and
(5) (SBU) Posts that do not have scanners available must email the
name, date and place of birth (DPOB), social security number (SSN),
and descriptive information (height, weight, hair and eye color) to
the above email address and fax a copy of the application to the
designated fax number.
c. (SBU) Not Authorized to Override Hit: U.S. embassies and consulates
and domestic U.S. passport agencies/centers are not authorized to
override B/L, R/L, T/L, or U/L CLASS hits until specific instructions have
been received from Passport Legal.
d. (SBU) Notification of Law Enforcement Agency: Passport Legal will
advise the appropriate Federal, State, local, foreign or international law
enforcement authority who will in turn confirm whether the passport
applicant is the wanted felon or person of interest. U.S. embassies and
consulates and domestic U.S. passport agencies/centers generally will
receive instructions regarding issuance or denial within three days of
case transmission to Passport Legal.
e. (SBU) What to Tell the Applicant: Applicants who are the subject of
B/L, R/L, T/L, or U/L CLASS hits must be advised only that the
application is in process. The applicant should not be told that there is
law enforcement interest in his/her passport application until
authorized to do so by Passport Legal.
f. (SBU) Travel Document for U.S. Citizen Fugitive in Extradition Cases:
Some B/L, R/L, T/L, or U/L (or new to be developed foreign, state/local
warrants codes) hits will come up in the course of name checks done
in conjunction with overseas extradition cases. In these cases, post
must advise Passport Legal of the B/L, R/L, T/L, or U/L CLASS hit and
that it will issue a limited validity passport for the individual that post
will give to the U.S. law enforcement escorts. Endorsement 105 must
be used for all extradition cases.
(SBU) Endorsement 105: THIS PASSPORT IS VALID ONLY FOR RETURN TO THE UNITED STATES
BEFORE (month day, year). IT CANNOT BE EXTENDED.

g. (SBU) Before taking any restrictive passport action for B/L, R/L, T/L, or
U/L hit cases, you must contact Passport Legal for specific guidance.
h. (SBU) See 7 FAM 1625.5, Travel Documents for U.S. Citizen Fugitives,
and 7 FAM 1300 Appendix B, Endorsement Codes.
i. (SBU) Questions: Any questions/comments regarding denial of a
passport application or passport revocation must be sent to Passport
Legal at CA-PPT-Legal-Hits-Overseas@state.gov (overseas posts,
copying your CA/OCS/ACS country officer) or CA-PPT-Legal-Hits-
Domestic@state.gov (domestic agencies/centers); CA-PPT-
Revocations@state.gov (for all revocation issues); or faxed to 202-485-
6496.

7 FAM 1383.3 (SBU) Passport Denials Based on Domestic U.S.


Arrests and Incarceration
(CT:CON-578; 06-05-2015)
a. (SBU) There may be occasions when domestic passport
agencies/center independently obtain information about an arrest or
incarceration of an applicant (e.g., information provided by applicant,
informal law enforcement contact, media attention or written inquiry).
Because there is no warrant, the name may not be caught by CLASS.
When this happens, the agencies/centers must provide detailed
information regarding the cases to Passport Legal at CA-PPT-Legal-
Hits-Domestic@state.gov as outlined below.
b. (SBU) Recent Arrests or Pending Criminal Trials: If there is no
outstanding felony warrant, but the agency/center becomes aware of a
recent arrest or pending criminal trial for an applicant:
(1) (SBU) Email a scan of the application and any accompanying
documents to CA/PPT-Legal-Hits-Domestic@state.gov and include
all relevant details as well as the law enforcement contact
information in the body of the email.
(2) (SBU) Passport Legal will follow up with the arresting authority
and/or Diplomatic Security (DS) and determine if there is a pending
case going to trial or if there has been a subsequent conviction.
(3) (SBU) In the case of an arrest or a pending case going to trial,
Passport Legal will work with the law enforcement authorities to
obtain a court order prohibiting the subject from international
travel. Passport Legal will then authorize denial of the application
pursuant to 22 CFR 51.60(b)(2) or, if appropriate, authorize
issuance.
c. (SBU) Incarceration/Convictions: If the agency is aware that the
applicant is incarcerated or is the subject of a recent conviction, email
a scan of the application and any accompanying documents to CA-
PPT-Legal-Hits-Domestic@state.gov and include all relevant details in
the body of the email. Passport Legal will obtain a copy of the
incarceration order and on that basis deny the application under 22
CFR 51.60(b)(2) or, if appropriate, authorize issuance.
d. (SBU) Parole/Probation Orders: If the agency is aware that an
applicant is on parole or probation or recently completed a criminal
conviction and may be on parole, email a scan of the application and
any accompanying documents to CA-PPT-Legal-Hits-
Domestic@state.gov and include all relevant details in the body of the
email. Passport Legal will obtain and review any orders of
parole/probation. If there is an order prohibiting international travel,
Passport Legal will deny the application under 22 CFR 51.60(b)(2).
Otherwise, if appropriate, Passport Legal will authorize issuance.
e. (SBU) If an applicant has completed a criminal sentence, and has
completed parole/probation, and there is no other reason to deny, then
we must issue.

7 FAM 1383.4 (SBU) Passport Denials Based on Foreign Arrests


and Incarceration
(CT:CON-578; 06-05-2015)
a. (SBU) 7 FAM 1388 addresses the subject of confiscation of passports
by foreign host governments.
b. (SBU) 7 FAM 473 and 7 FAM 1388.3 address the subject of passports
and escaped prisoners.
c. (SBU) Foreign Warrants. All questions or requests for guidance
regarding foreign warrants for U.S. citizens must be referred to
Passport Legal at AskPPTLegal@state.gov. Passport Legal will
consult with CA/OCS/L, L/CA, L/LEI, and the Departments regional
desk officer regarding restriction or denial of a passport application of
a U.S. citizen overseas based on a foreign warrant.
d. (SBU) All questions regarding passport applications by U.S. citizens
incarcerated abroad must be directed to CA/OCS/L at Ask-OCS-
L@state.gov.
7 FAM 1383.5 (SBU) Disposition of a Passport While a Law
Enforcement Hit Is Being Resolved
(CT:CON-578; 06-05-2015)
a. (SBU) The issue of whether or not a U.S. embassy or consulate should
hold the U.S. passport until the law enforcement CLASS hit is resolved
is essentially a law enforcement question. If the CLASS hit relates to a
fugitive felon, giving the passport back to the fugitive without
appropriate coordination with law enforcement obviously could have
serious security or legal consequences.
b. (SBU) Traditionally, CA has relied on guidance from the U.S.
Department of Justice, Criminal Division, Office of International Affairs,
the U.S. Department of States Office of the Legal Adviser for Law
Enforcement and Intelligence, and the Bureau of Diplomatic Security in
these matters.
c. (SBU) CA works with these and other relevant law enforcement
counterparts to discuss policy and procedures on this issue and
possible alternatives on a case by case basis.
d. (SBU) Send post inquiries about this issue to Passport Legal at CA-
PPT-Legal-Hits-Overseas@state.gov, copying your CA/OCS/ACS
country officer, and CA/OCS/L at Ask-OCS-L@state.gov. In
emergencies, CA/OCSs duty officers, duty director, and duty attorney
can be reached through the Operations Center. They can coordinate
with the Passport Services and Office of the Legal Adviser duty officers
and other officials as needed.

7 FAM 1384 (SBU) DENIAL OF PASSPORT ISSUANCE -


MENTAL INCOMPETENCE
7 FAM 1384.1 (SBU) Summary
(CT:CON-578; 06-05-2015)
a. (SBU) Passport regulations 22 CFR 51.60(b)(3) provide that a passport,
except for direct return to the United States, may be denied in any case
in which the U.S. Secretary of State determines or is informed by
competent authority that the applicant is subject to a U.S. court order
committing him or her to a mental institution. This basis for passport
denial applies only to orders issued by U.S. courts; orders issued by
foreign courts regarding mental capacity are not a basis for U.S.
passport denial.
b. (SBU) 22 CFR 51.60(b)(4) provides that a passport, except for direct
return to the United States, may be denied in any case in which the U.S.
Secretary of State determined or is informed by competent authority
that the applicant has been legally declared incompetent by a court of
competent jurisdiction in the United States.

7 FAM 1384.2 (SBU) Procedures


(CT:CON-639; 02-24-2016)
a. (SBU) Requests for General Information:
(1) (SBU) Public requests for general information regarding the denial
of passports for reasons of mental illness (M/L) may be handled at
U.S. embassies and consulates and domestic passport
agencies/centers, by referencing 22 CFR 51.60(b)(3), which states
the applicant is subject to a U.S. court order committing him or her
to a mental institution; or, 22 CFR 51.60(b)(4), which states the
applicant has been legally declared incompetent by a U.S. court.
(2) (SBU) If inquirers want specific action or information, they must be
referred to Passport Legal (see 7 FAM 1381).
b. (SBU) Clearing a Name through CLASS:
(1) (SBU) When clearing a name through CLASS, if you determine that
there is a true M/L hit, scan the application and photo, and email
them to Passport Legal at CA-PPT-Legal-Hits-Domestic@state.gov
(domestic passport agencies and centers) or CA-PPT-Legal-Hits-
Overseas@state.gov (overseas posts, copying your CA/OCS/ACS
country officer), or fax them to 202-485-6496. The subject line of
the email message must be: "(NAME OF APPLICANT).
(2) (SBU) Posts that do not have scanners available must email the
name, date and place of birth (DPOB), social security number, and
descriptive information (height, weight, hair and eye color) to CA-
PPT-Legal-Hits-Overseas@state.gov and fax a copy of the
application to 202-485-6496.
c. (SBU) Not Authorized to Override Hit: U.S. embassies and consulates
and domestic U.S. passport agencies/centers are not authorized to
override M/L hits until/unless specific instructions have been received
from Passport Legal.
d. (SBU) Medical Assistance Cases: Names must not be entered in
CLASS and passport services must not be denied to citizens who may
be suffering from mental illness, but have not been declared mentally
incompetent by a court in the United States. Those individuals must be
provided with appropriate consular protection services by U.S.
embassies and consulates abroad as outlined in 7 FAM 340, Mental
Illness and Other Cases of Citizens Lacking Full Mental Capacity.

7 FAM 1385 (SBU) LIMITATION AND DENIAL OF PASSPORT


ISSUANCE - OUTSTANDING REPATRIATION, CRISIS
EVACUATION, AND EMERGENCY MEDICAL AND DIETARY
ASSISTANCE LOANS
7 FAM 1385.1 (SBU) Summary
(CT:CON-627; 01-29-2016)
a. (SBU) In some emergency circumstances, U.S. citizens are granted
Department of State repatriation, crisis evacuation, or emergency
medical and dietary assistance loans (EMDA), at posts abroad.
(1) (U) 22 CFR 51.60(a)(1) provides that the Department may not issue
a passport, except a passport for direct return to the United States,
in any case in which the Department determines or is informed by
competent authority that the applicant is in default on a loan
received from the United States under 22 USC 2671(b)(2)(B) for the
repatriation of the applicant and, where applicable the applicant's
spouse, minor child(ren), and/or other immediate family members,
from a foreign country.
(2) (U) 22 CFR 51.60(c)(1) provides that the Department may refuse to
issue a passport in any case in which the applicant has not repaid a
loan received from the United States under 22 USC 2670(j) for
emergency medication attention, dietary supplements, and other
emergency assistance, including, if applicable, assistance provided
to his or her child(ren), spouse, and/or other immediate family
members in a foreign country.
(3) (U) 22 CFR 51.60(c)(2) provides that the Department may refuse to
issue a passport in any case in which the applicant has not repaid a
loan received from the United States under 22 USC 2671(b)(2)(B) or
22 USC 2671(b)(2)(A) for the repatriation or evacuation of the
applicant and, if applicable, the applicant's child(ren), spouse,
and/or other immediate family members from a foreign country to
the United States.
b. (SBU) To assist the Department in its efforts to secure repayment of
repatriation, crisis evacuation, and EMDA loans the U.S. passport of the
adult applicants who receive such loans are limited and the names of
all loan beneficiaries (adults and minor U.S. and foreign nationals) may
be entered in CLASS/ECAS as described below:
(SBU) NOTE: The minor's name is entered in CLASS/ECAS as a debt
collection mechanism solely with respect to the adult who incurred
the debt, which included the travel of the minor. It is not a basis for
passport denial for the minor, which is why the minor's existing
passport must not be stamped with the Passport Limitation
Endorsement Stamp (PLES) or, if the minor lacks a passport, the new
EPDP passport must not be annotated with the loan endorsement
code. See 7 FAM 1385.1 g for specific guidance regarding minors.
(1) (U) Existing valid passports for adult crisis evacuation and
repatriation loan recipients will be limited by Special Passport
Endorsement Stamp (PLES) for return/transit to the United States.
See paragraph g regarding procedures for minors;
(2) (U) If the adult crisis evacuation or repatriation loan recipient does
not have a passport, an EPDP passport limited for return/transit to
the United States will be issued with the appropriate endorsement
code (See 7 FAM 1300 Appendix B). No PLES is required for EPDP
passports. See paragraph g regarding procedures for minors.
EPDP passports for loan recipients are issued with no fee. See 7
FAM 1350 Appendix G, paragraph b(1).
(3) (U) For EMDA loan recipients, the applicants full validity passport
is cancelled at the time the loan is disbursed. The applicant may be
issued a limited-validity passport at no additional charge.
c. (SBU) In all crisis evacuation, repatriation, and EMDA loan cases the
adult recipients name is entered in the CA/PPT Consular Lookout and
Support System (CLASS). The minors' names may be entered for
informational purposes only. The existence of a D/B indebtedness
lookout in the name of a minor U.S. citizen is a collection technique to
facilitate payment of the debt by the adults. It is not a basis for
passport denial for the minor which is why the minor's passport must
not be stamped with the PLES stamp or EPDP passport loan
endorsement. See paragraph g regarding procedures for minors. See
7 FAM 374.6.
d. (SBU) Subsequent passport services, including miscellaneous services,
must be withheld from the adult applicants who incurred the obligation
until the repatriation, crisis evacuation, and/or EMDA loans are paid in
full or satisfactory arrangements are made to settle their accounts. 22
CFR 51.60(c)(1) and 22 CFR 51.62(a)(1) authorize the Department to
limit the validity of a passport issued to an adult applicant with an
outstanding EMDA loan. 22 CFR 51.60(c)(2) and 22 CFR 51.62(a)(1)
authorize the Department to limit the validity of a passport issued to an
applicant with an outstanding repatriation loan or crisis evacuation
loan.
e. (SBU) If the adult applicant is making satisfactory payments, but has
not paid the debt in full, the applicant is only eligible for a one-year
limited-validity passport. The applicant must be advised of the reason
for the issuance of a limited validity passport.
f. (SBU) Once the adult loan recipient has been repatriated or evacuated,
passport services, except for the issuance of a limited-validity passport
for direct return/transit to the United States, must be withheld from
adult loan recipients considered to be in default on a repatriation or
crisis evacuation loan as authorized by 22 U.S.C. 2671(d)(3); 22 CFR
51.60(a)(1); and 22 CFR 51.62(a)(1).
g. (SBU) Applicants Who Were Minors at Time of Repatriation Loan:
(1) (U) The passports of minors should not be stamped with the PLES
stamp.
(2) (U) An EPDP passports issued to a U.S. citizen minor whose travel
is included in an adult's repatriation loan should be limited in time
validity, as are all EPDP passports, but no endorsement stamp
regarding a loan should be placed in the minor's passport. Such an
EPDP passport should be issued at no fee. See 7 FAM 1350
Appendix G, subparagraph b(1).
(3) (SBU) Names of minors may be included in CLASS to support debt
collection. However, a minor, or an adult applicant who was a minor
when the repatriation debt was incurred, cannot be denied a
passport based on the debt.
(4) (SBU) When an adult who was a minor recipient of a consular loan
applies for a new passport, CA will share the contact information
with the Comptroller Global Financial Services (CGFS) and issue the
passport. The CLASS record, which includes the date of birth, will
reflect that at the time the debt was incurred, the individual was a
minor. CGFS will contact the subject, inform the individual of the
loan and give the individual the opportunity to repay the loan
incurred on his/her behalf if he/she elects to do so.
h. (SBU) See additional specific guidance in: 7 FAM 380, Emergency
Medical, Dietary, and Temporary Assistance Loans to Non-Incarcerated
U.S. Citizens Abroad; 7 FAM 370, Repatriation Loans; 7 FAM 440,
Consular Arrest Emergency Medical and Dietary Assistance Programs;
7 FAM 1330, Name Clearance of Passport Applicants; 7 FAM 1300
Appendix A, Passport Lookout and Tracking System (PLOTS); 7 FAM
1864, Processing Evacuation Emergency Loan Applications and
Evacuation Documentation; and 7 FAM 1800 Appendix D, Crisis
Evacuation Loans and Evacuation Documentation.

7 FAM 1385.2 (SBU) Crisis Evacuation Loans


(CT:CON-578; 06-05-2015)
a. (SBU) A special Passport Limitation Endorsement Stamp (PLES) will be
placed in valid adult passports to limit the passport to only a transit or
direct return to the United States. In effect the PLES converts the
existing passport into an Emergency Photo-Digitized Passport (EPDP).
If a crisis evacuation or repatriation loan recipient does not have a
passport, an EPDP passport limited for return/transit to the United
States will be issued at no fee (See 7 FAM1350 Appendix G, paragraph
b(1)). Diplomatic, official, and no-fee regular passports are exempt
from the requirement to place a PLES in such passports during crisis
evacuations. This includes persons evacuated at their own expense if
using the diplomatic, official, or no-fee regular passport for incidental
personal travel en route to their country of assignment (per 7 FAM
1393.1). Similarly, Non-Personal Services Contractors (NPSCs) who
have been issued a diplomatic or official passport (per 7 FAM 1391.7)
may also be evacuated at their own expense. Such persons' passports
should not be stamped with a PLES stamp. However, if they received a
loan their names will be placed in CLASS.
b. (U) Place the PLES stamp onto the Secretarys message page, which is
directly opposite the biographical data page of the passport.
(U) Language of PLES Stamp:
THIS PASSPORT IS VALID ONLY FOR RETURN/TRANSIT TO THE UNITED STATES
BEFORE (mon day, year) UNDER 22 CFR 51.60(c)(2).

c. (SBU) A recipient of a crisis evacuation loan without a valid passport


may be issued an EPDP passport limited for direct return to the United
States. Limit the passport to the minimum length of time needed for
bearer to reach the United States using endorsement code 106. The
applicant does not pay any fees for this passport. (See 7 FAM 1350
Appendix G, paragraph b(1)) . No PLES stamp is placed in this
passport since the endorsement code 106 explains the limitation.
d. (SBU) Until the debt is paid in full, the adult recipient of a crisis
evacuation loan may only be eligible for a one-year limited-validity
passport, and eligibility for even a limited-validity passport will depend
upon repayment status. (See 7 FAM 1385.5.)
e. (SBU) If the adult crisis evacuation loan is repaid within this one-year
limited-validity period, a replacement passport for the rest of the
original passports validity period may be issued without further charge
to the applicant. The bearer may apply for the replacement using the
Form DS-5504 Application for a U.S. Passport (Name Change, Data
Correction, and Limited Passport Book Replacement). Endorsement
code 03 must be used. (See 7 FAM 1300 Appendix B Endorsement
Codes.)
f. (SBU) A limited EPDP passport issued to a recipient of a crisis
evacuation loan will not be replaced for a full-validity passport at no
charge. The bearer must apply for a new passport using the Form DS-
11, Application for a U.S. Passport, provide new photographs, and pay
all required fees.
g. (SBU) All loan recipients' names (including adults and minor U.S.
citizens or aliens) are may be entered in Passport CLASS through
PLOTS/ECAS. (A minor's name is entered solely as a debt collection
mechanism with respect to the adult who incurred the debt). The loan
recipients current passport information, as well as any other regular
fee passport document (e.g., passport card or second passport), is
entered into the Consular Lost and Stolen Passport (CLASP) database
with the reason explanation Invalid. This information will be provided
to U.S. Customs and Border Protection (CBP) so that, if the bearer
attempts to use the invalidated passport(s) for travel, the documents
will be confiscated. (See 7 FAM 1800 Consular Crisis Management.)
h. (SBU) The name of the crisis evacuation loan recipient (U.S. citizen or
alien) is entered in Passport CLASS following Crisis Task Force
procedures explained in 7 FAM 1800 Appendix D.

7 FAM 1385.3 (SBU) Repatriation Loans


(CT:CON-578; 06-05-2015)
a. (SBU) A special Passport Limitation Endorsement Stamp (PLES) will be
placed in valid adult loan recipients' passports to limit the passport to
only a transit or direct return to the United States. Place the limitation
stamp onto the Secretarys message page, which is directly opposite
the biographical data page of the passport.
(SBU) Language of Repatriation Limitation Stamp:
THIS PASSPORT IS VALID ONLY FOR RETURN/TRANSIT TO THE
UNITED STATES BEFORE (mon day, year) UNDER 22 CFR 51.60(c)(2).
b. (SBU) A recipient of a repatriation loan (and minor included in the
adult's loan) without a valid passport may be issued an EPDP passport
limited for direct return to the United States. Limit the passport to
minimum length of time needed for bearer to reach the United States
using endorsement code 105 for the adult loan recipient only (not the
minor). The applicant does not pay any fees for this passport. (See 7
FAM 1350 Appendix G, subparagraph b(1)).
c. (SBU) Until the debt is paid in full, the adult recipient of a repatriation
loan will only be eligible for a one-year limited-validity passport and
eligibility for even a limited-validity passport will depend upon
repayment status. (See 7 FAM 1385.5.) This eligibility continues until
the debt is paid in full. Thus, the subject of a loan whose payment
status is in good standing may apply for and received successive one-
year passports until the debt is discharged.
d. (SBU) If the repatriation loan is repaid within one year of passport's
limitation (because of the loan), a replacement passport for the rest of
the original passports validity period may be issued without further
charge to the applicant. The bearer may apply for the replacement
using the Form DS-5504 Application for a U.S. Passport (Name Change,
Data Correction, and Limited Passport Book Replacement).
Endorsement code 03 must be used. ((See 7 FAM 1300 Appendix B
Endorsement Codes.)
e. (SBU) A limited EPDP passport issued to a recipient of a repatriation
loan will not be replaced for a full-validity passport at no charge. The
bearer must apply for a new passport using the Form DS-11,
Application for a U.S. Passport, provide new photographs, and pay all
required fees.
f. (SBU) The loan recipients' names (adult and minor U.S. citizen or alien)
are entered in Passport CLASS through PLOTS/ECAS. The loan
recipients current passport information, as well as any other regular
fee passport document (e.g., passport card or second passport), is
entered into the Consular Lost and Stolen Passport (CLASP) database
with the reason explanation Invalid. This information will be provided
to U.S. Customs and Border Protection so that if the bearer attempts to
use the invalidated passport(s) for travel, the documents will be
confiscated. (See also 7 FAM 370 Repatriation Loans.)
(SBU) NOTE: The minor's name is entered in CLASS/ECAS as a debt
collection mechanism solely with respect to the adult who incurred the
debt which included the travel of the minor. Do not use a PLES stamp or
an EPDP Endorsement Code 106 in a passport issued to a minor.

7 FAM 1385.4 (SBU) Emergency Medical and Dietary


Assistance Loans
(CT:CON-578; 06-05-2015)
a. (SBU) The Department may refuse to issue a passport in any case in
which the applicant has not repaid a loan received from the United
States under 22 U.S.C. 2670(j) for emergency medical and dietary
assistance as authorized by 22 CFR 51.60, subparagraph c(1).
b. (SBU) If the applicant received an EMDA loan as an incarcerated
citizen abroad, the applicants name should have been entered in the
CLASS system at the time that loan was issued. Posts are now
authorized to enter names of loan recipients directly into CLASS via
PLOTS/ECAS.
c. (SBU) If an EMDA loan recipient appears at a post abroad to apply for
a passport, wishes to return to the United States, requires and is
eligible for a repatriation loan, the procedures described in 7 FAM
1385.4 and 7 FAM 1385.5 must be followed.
d. (SBU) If an individual who has an outstanding EMDA loan applies for a
passport at a post abroad to continue residence in the host country or
to travel to his/her permanent residence in a third country, the post
may issue a one year limited validity passport with endorsement code
111. (See 7 FAM 1300 Appendix B Endorsement Codes.)
e. (SBU) If the applicant owes EMDA funds, and needs and is eligible for
more EMDA (either EMDA I for prisoners or EMDA II for non-
prisoners) funds to proceed to his/her foreign residence, the applicant
should be issued a limited validity passport at no charge using
endorsement code 111.
f. (SBU) When the applicant applies for a new passport to replace the
limited passport, he/she must pay all appropriate fees and will be
issued a one year passport until such time as the debt is paid in full.
g. (SBU) 7 FAM 1385.5 provides guidance on resolution of CLASS holds
for indebtedness and how to inform the applicant.

7 FAM 1385.5 (SBU) Resolving CLASS Holds for Repatriation,


Crisis Evacuation, or EMDA Loans
(CT:CON-578; 06-05-2015)
a. (SBU) Passport specialists and managers at domestic passport
agencies/centers and consular officers at overseas posts are
responsible for determining eligibility for a U.S. passport. The
Comptroller and Global Financial Services (CGFS), hereafter referred to
as CGFS, does not authorize issuance of a passport. However, when a
debt has been paid in full, CGFS personnel notify the Bureau of
Consular Affairs (CA) that the CLASS hold can be released because the
loan recipient(s) has fulfilled the debt obligation. At that time, the D
(indebtedness) hold will be removed from CLASS.
b. (SBU) For domestic passport agencies and centers, the Clearance
Section of Passport Services Records Retrieval Division
(CA/PPT/S/TO/RS/DO/C) is the point of contact for verifying
outstanding repatriation loan information with CGFS and relaying that
information back to the incoming office. CA/PPT/S/TO/RS/DO/C does
not determine entitlement to a U.S. passport for the applicant in these
cases;
c. (SBU) For overseas posts, the CA/OCS/ACS liaison is the point of
contact for verifying outstanding repatriation loan information with
CGFS and relaying that information back to the incoming post.
CA/OCS/ACS does not determine entitlement to a U.S. passport for the
applicant in these cases;
(SBU) NOTE: You must work with your respective points of contact (listed above) in order to avoid
duplicative efforts and calls, and to ensure full debt repayment.

d. (SBU) When a repatriation, crisis evacuation, or EMDA loan CLASS hit


is returned:
(1) (SBU) Passport agencies/centers may either email a scanned copy
of subjects passport application and the TDIS record screen to
CA/PPT/S/TO/RS/DO/C at CA-PPT-TO-RS-DO-C@state.gov or fax
the whole case to the Clearance Section at 202-485-8304.
(2) (SBU) Overseas posts must email or fax a copy of the individuals
passport application and the ACS record screen to their country
officer in CA/OCS/ACS. Make sure to include the applicants social
security number as required by 22 U.S.C. 2671(d)(3).
(3) (SBU) If the applicant claims not to be in default on the loan, or to
be making payments in accordance with a payment plan
established with the Accounts Receivable Branch of the Comptroller
and Global Financial Services (CGFS/F/RR/RMCID/ARB), hereafter
referred to as CGFS, you must also include photocopies of any
provided proof of payment, or a short explanatory statement from
the applicant (if no proof is provided).
(4) (SBU) CA/PPT/S/TO/RS/DO/C or CA/OCS/ACS will contact CGFS
to determine the current status of the repatriation loan (plus any
penalties and interest), and will then provide you with information
as to whether the applicant has repaid the loan in full, is making
appropriate payments on the loan to CGFS or is in default on the
loan. If the applicant is in default on the loan, the total outstanding
loan balance will be provided.
(U) NOTE: When CGFS receives a personal check from an individual
for repayment of an outstanding loan, there may be a delay of several
weeks while RM waits for the check to clear before it will be able to
indicate to OCS or PPT that there is no indebtedness.
(5) (U) If the applicant has an urgent departure date, and has made no
repayments on his/her loan, refer the applicant directly to
CGFS/F/RR/RMCID/ARB:
(SBU) Department of State
Comptroller and Global Financial Services
Accounts Receivable Branch
Tel: 1-800-521-2116 or 843-308-5417 (if dialing from outside the U.S.
or Canada)
Email: FMPARD@state.gov
(6) (SBU) Based on the status of the loan balance, the passport
agency/center or overseas post will make the determination
whether to issue a passport;
(a) (SBU) If the loan has been repaid in full, issue the applicant a full
validity passport. Annotate the application D-Hold - OK to issue
ABC (approvers initials).
(b) (SBU) If CGFS confirms the applicant is making timely
payments (last one within three months), then he/she is not
considered to be in default on the loan, and you can issue the
applicant a limited one-year validity passport. Annotate the
application D-Hold - OK to issue ABC (approvers initials).
Passport agencies/centers must use endorsement code 46.
Overseas posts must use endorsement code 109 and issue only
a locally printed passport. Enclose the appropriate limited
passport enclosure letter so the applicant understands why
he/she did not receive a full validity passport. (See Information
Request Letters or "IRLs," and also 7 FAM 1300 Appendix B
Endorsement Codes).
(c) (SBU) If the applicant is not making appropriate payments on
the loan and is considered in default, you must deny the
passport application. See 7 FAM 1385.6 regarding procedures
on informing the applicant of the loan default and passport
application denial.
(7) (SBU) Non-Passport Applicant Repayment of Loan.
(a) (SBU) Domestic passport agencies and centers cannot accept
payments for repatriation, crisis evacuation, or EMDA loans
unless they are made in conjunction with the submission of a
passport application.
(b) (SBU) Non-passport applicants in the United States who wish to
repay repatriation, crisis evacuation, and/or EMDA loans must
send payments directly to:
(SBU) Department of State
Accounts Receivable Branch
Comptroller and Global Financial Services
P.O. Box 150008
Charleston, SC 29415-5008
Toll Free Phone: 1-800-521-2116 (for public use)
Phone: 1-843-746-0592 (for public use)
Toll Free Fax: 1-866-260-2468 (for public use)
Fax: 1-301-985-8588 (for public use)
Loan recipients should include the following information:
Name
Date and Place of Birth
Social Security Number
Billing Address
Account Number, if available

(c) (SBU) Posts Abroad:


(i) (SBU) CA/OCS/ACS will contact CGFS/F/RR/RMCID/ARB
and determine the amount of the loan, including interest and
penalties and the minimum payment due;
(ii) (SBU) CA/OCS/ACS will advise the post to collect the
payment due. Posts abroad cannot accept personal
checks. Payments must be either by money order, cashiers
check, or cash.
(iii) (SBU) Consular sections can post the monies for
repatriation loans to fund 19 X4107 (The X stays as part of
the fiscal strip] and send CGFS/F/RR/RMCID/ARB a copy of
the Form OF-158, General Receipt, to the address shown
below. Currently there is no Automated Cash Register
System (ACRS) involvement in this collection process;
consular sections carry the money directly from the
customer to the Class B cashier who issues an OF-158
receipt.
(iv) (SBU) Consular sections can post the monies for EMDA
loans to fund 19X0113 (with the last digit of the fiscal year
replacing the X when fiscal data is generated).
(SBU) Send Form OF-158 to:
Accounts Receivable Branch
Comptroller and Global Financial Services
P.O. Box 150008
Charleston, SC 29415-5008

Or by express mail:
Accounts Receivable Branch
Comptroller and Global Financial Services
1969 Dyess Ave.
Building 646-B
Charleston, SC 29405
Or by fax: 843-746-0556

(v) (SBU) A person residing overseas, however, will need to dial


the commercial (non-toll free) number to contact
CGFS/F/RR/RMCID/ARB. Inquirers can also email that
office at FMPARD@state.gov.
(8) (SBU) Removal of Indebtedness Lookout:
(a) (SBU) Upon confirmation that an outstanding loan has been
repaid in full, managers at domestic passport agencies/centers
(for domestic passport applications), citizen services specialists
in CA/OCS/ACS (for overseas passport applications) are
authorized to remove indebtedness lookouts from CLASS.
Reasons for the D CLASS hold removal must be included in the
PLOTS/ECAS record.
(b) (SBU) Staff in CA/PPT/S/TO/RS/DO/C will remove D CLASS
holds that come directly from CGFS/F/RR/RMCID/ARB upon
repayment of a loan balance from the recipient

7 FAM 1385.6 (SBU) Informing the Applicant of a Loan Default


(CT:CON-578; 06-05-2015)
a. (SBU) If the applicant is confirmed as being in default of his or her
repatriation loan, you must inform the applicant that a passport cannot
be issued. Provide the applicant with the appropriate IRL that denies
passport services, listing the total current balance of the outstanding
repatriation loan, and informing the applicant where he/she may
submit payment on the loan. If the applicant is overseas, posts may
issue a limited validity passport for direct return to the United States.
The post must inform the applicant of the reason for the limited
passport.
b. (SBU) If the applicant is confirmed as being in default on a repatriation,
crisis evacuation or EMDA loan passport services, except issuance of a
limited validity passport for direct return to the United States, must be
withheld until the applicant establishes a payment plan with
CGFS/F/RR/RMCID/ARB and begins making payments. Once CGFS
confirms payments are being made, the applicant is eligible for a one-
year limited validity passport until the debt is paid in full.

7 FAM 1385.7 (SBU) Requests for Miscellaneous Services by


Loan Recipients
(CT:CON-627; 01-29-2016)
a. (SBU) If the name check of a U.S. citizen applying for miscellaneous
services in a limited validity passport results in a CLASS hit due to
indebtedness for a repatriation, crisis evacuation or EMDA loan, the
status of the loan must be resolved per procedures in 7 FAM 1385.4.
b. (SBU) If CGFS/F/RR/RMCID/ARB advises that the applicant is in
default on a loan, overseas posts must issue a passport only for direct
return to the United States. This means that an applicant generally
cannot have any miscellaneous services to facilitate entry and exits to
foreign countries as the individual is only eligible for a passport for
direct return to the United States.
(SBU) NOTE: Posts abroad must alert CA/OCS/ACS to facts pertinent
to the case which may influence CAs decision about whether or not to
authorize miscellaneous services. For example, if the individual will be
deported because the host country refuses to recognize the validity of a
visa in a canceled passport, CA/OCS/ACS would in all likelihood
authorize such action, assuming the individual would be returning to the
United States.
c. (SBU) The applicant generally must establish a payment plan with
CGFS/F/RR/RMCID/ARB and begin making payments before
miscellaneous services may be provided.
(SBU) NOTE: Posts abroad should alert CA/OCS/ACS to facts pertinent
to the case which may influence CAs decision about whether or not to
authorize miscellaneous services before a payment plan is established
and payments made. For example, if the individual is a permanent
resident of the foreign country, and may be subject to arrest for working
illegally if the passport containing the visa is canceled, CA/OCS/ACS will
provide specific guidance about how to proceed.

7 FAM 1386 (SBU) PASSPORT AND CRBA REVOCATION AND


FORMAL REVIEW OF DENIAL AND REVOCATION ACTIONS
7 FAM 1386.1 (SBU) Summary
(CT:CON-578; 06-05-2015)
a. (SBU) 7 FAM 1386 provides policy and procedures regarding
revocation and formal review of denial and revocation actions for
passports and CRBAs.
b. (SBU) 7 FAM 1387 provides policy and procedures regarding passport
revocation for child support arrearages.

7 FAM 1386.2 (SBU) Authority to Revoke a Passport and/or


CRBA or to Deny a Passport Application
(CT:CON-627; 01-29-2016)
(SBU) U.S. embassies and consulates abroad and domestic passport
agencies/centers do not have the authority to:
(1) (SBU) Enter a B/L, U/L, R/L, T/L or M/L case into CLASS, even for
the purpose of law enforcement notification;
(2) (SBU) Override B/L, U/L, R/L, T/L or M/L hits, even for the purpose
of issuing a limited passport or providing a miscellaneous service,
without specific guidance from Passport Legal; or
(3) (SBU) Revoke, limit, or deny issuance of a passport to individuals
who are the subject of B/L, U/L, R/L, T/L, or M/L CLASS holds
without specific written authorization and instructions from
Passport Legal.

7 FAM 1386.3 (SBU) Transmittal of Revocation Requests


(CT:CON-639 ; 02 -24 -2016 )
a. (SBU) All domestic passport agencies/centers, U.S. embassies,
consulates, and outside agencies must refer all requests for passport
and/or CRBA revocation directly to Passport Legal as described below:
(1) (SBU) Email: Requests must be sent as an attachment to an email
addressed to CA-PPT-Revocations@state.gov. The subject line
must read: Revocation Request: Name of the individual. If the
request is time-sensitive, the subject line must include the word
urgent as the first word;
(2) (SBU) Fax: Requests may be faxed to 202-485-6492 and must be
clearly identified as a revocation request;
(3) (SBU) Mail to: CA/PPT/S/L/LA (see 7 FAM 1381).
b. (SBU) Overseas Law Enforcement Requests for Revocation: Overseas
posts are not authorized to act on revocation requests submitted by
U.S. and foreign law enforcement authorities. Inquiries and requests
must be sent to the CA-PPT-Revocations@state.gov global address.

7 FAM 1386.4 (SBU) Format And Content Of Revocation


Requests
(CT:CON-578; 06-05-2015)
(SBU) Memorandum Format: The revocation request must be made in a
memorandum, on letterhead, that includes and attaches the following:
(1) (SBU) The bearer's complete biodata - including known aliases;
(2) (SBU) The bearer's last known address;
(3) (SBU) All valid passport and/or CRBA numbers. Please note that
PPT cannot revoke an already expired passport;
(4) (SBU) An analysis that includes the factual basis for requesting
revocation of the passport and/or CRBA;
(5) (SBU) All documentary evidence in support of the request,
including translations of all foreign language documents into
English;
(6) (SBU) The name and contact information of someone at the
domestic passport agency/center, post, or other outside agency
who is familiar with the case; and
(7) (SBU) Furthermore, before sending the request, domestic
agencies/centers and overseas posts must enter and confirm they
have entered a "Q" lookout in the Consular Lookout and Support
System (CLASS) if the request is based on non acquisition or loss
of citizenship, or other lookout as appropriate.

7 FAM 1386.5 (SBU) Revocation Requests from Other U.S.


Government Agencies and U.S. and Foreign Law Enforcement
(CT:CON-578; 06-05-2015)
(SBU) Domestic passport agencies/centers and overseas posts must not
accept revocation requests from other U.S. Government agencies or U.S.
or foreign law enforcement authorities. Rather, they must instruct the
requesting agency to send the request to the Bureau of Consular Affairs,
Passport Legal by one of the methods listed in 7 FAM 1386.3 paragraph
a above, and direct them to submit a formal memorandum on letterhead
containing the information listed in 7 FAM 1386.4. Upon receipt of the
revocation request, Passport Legal will enter the appropriate Lookout into
CLASS. All follow-up inquiries should be referred to CA-PPT-
Revocations@state.gov.

7 FAM 1386.6 (SBU) Tracking Revocation Requests after


Submission to Passport Legal
(CT:CON-578; 06-05-2015)
a. (SBU) Once it has received a revocation request, Passport Legal will
log the request and will refer the following revocation requests to
CA/OCS/L for formal legal review and recommendation:
(1) (SBU) All CRBA revocation requests;
(2) (SBU) All passport revocation requests based on non-acquisition of
U.S. citizenship/nationality in which the original citizenship
determination was made overseas; and
(3) (SBU) All passport revocation requests based on lack of two parent
consent.
b. (SBU) CA/OCS/L will then submit a formal recommendation of
revocation, if appropriate, to Passport Legal for final action.
c. (SBU) Posts must contact CA/OCS/L at Ask-OCS-L@state.gov and CA-
PPT-Revocations@state.gov for status updates or other questions.

7 FAM 1386.7 (SBU) Disposition of Revoked Passports


(CT:CON-578; 06-05-2015)
a. (SBU) Revoked passport books in all cases, other than for child support
arrearages (which is addressed in 7 FAM 1387.4, paragraph c), must be
forwarded to Passport Legal for disposition by a traceable express
courier service (see 7 FAM 1381).
b. (SBU) Once the revoked passport is no longer needed by either
Passport Legal or the interested law enforcement agency, it will be
canceled and forwarded to the Consular Lost and Stolen Passport
(CLASP) Unit for destruction. The CLASP Unit will update Passport
Issuance Electronic Record System (PIERS) to show that the passport
has been returned and destroyed. The "Passport Destruction Report"
(see 7 FAM Exhibit 1386) must be completed and accompany the
passport.
c. (SBU) If Whereabouts of a Revoked Passport is Unknown:
Occasionally, a passport is revoked by Passport Legal but the
whereabouts of the bearer and passport are unknown. In such cases,
Passport Legal will take action to place information regarding the
revoked passport into the Department of Homeland Securitys Treasury
Enforcement Communication System (TECS) database to enable
recovery of the passport. The Law Enforcement Liaison Division
(CA/PPT/S/L/LE) is Passport Services liaison with the Department of
Homeland Security (DHS) for access to this database.

7 FAM 1386.8 (SBU) Formal Review of Adverse Actions


Passport Denials and Revocations
(CT:CON-578; 06-05-2015)
a. (SBU) Only certain types of passport denials and revocations under 22
CFR 51.60, 22 CFR 51.61, 22 CFR 51.62 are entitled to administrative
review in accordance with 22 CFR 51.70. This administrative review
takes the form of a hearing to appeal the basis for the passport denial
or revocation.
b. (SBU) All requests for or questions regarding eligibility for a hearing
must be referred to the attention of the Division Chief for Passport
Legal at AskPPTLegal@state.gov.
c. (SBU) Requests for Administrative Review for Non-Citizenship: A
person whose passport application has been denied or whose passport
has been revoked on the basis of non-citizenship is not entitled to a
administrative review hearing:
(1) (SBU) If the applicant/bearer or his/her attorney or a Congressional
representative requests an administrative review of an overseas
passport denial or revocation for non-citizenship, the post must
inform CA/OCS/L at Ask-OCS-L@state.gov, who will coordinate
further actions with Passport Legal; and
(2) (SBU) If the applicant/bearer or his/her attorney or a Congressional
representative requests an administrative review of a domestic
passport denial or revocation for non-citizenship, the domestic
passport agency or center must inform Passport Legal at
AskPPTLegal@state.gov if the matter cannot be resolved at the
passport agency/center.
d. (SBU) Request for hearing:
(1) (SBU) The purpose of the passport revocation hearing is to
establish, in a formal setting, the basis for the Departments action,
including applicable law and procedures. The sole issue for
consideration and decision is whether or not the Department has
satisfied the requirements or conditions of the applicable passport
regulations cited as the basis for its adverse action. The hearing
affords the adversely affected person the opportunity to review the
evidence upon which the law enforcement of denial or passport
revocation was based and to attempt to rebut that evidence;
(2) (SBU) If a timely request for a hearing is made under 22 CFR
51.70(c), it will be held within 60 days of the date Passport Legal
receives the request, unless the person requesting the hearing asks
for a later date and Passport Legal and the hearing officer agree;
(3) (SBU) Passport Legal will give the person requesting the hearing
not less than ten business days written notice of the date and place
of the hearing;
(4) (SBU) Passport application denial and passport revocation
hearings requested by individuals who are within the United States
are held in Washington, DC. The hearing officer will be at the Office
Director, Deputy Office Director level or above or be a qualified CA
official at the GS-12 level or above with substantial experience in
adjudication procedures and who has had no dealings in the
particular case. The hearing officer will be named by the Office of
Passport Legal and Law Enforcement Liaison (CA/PPT/S/L); and
(5) (SBU) Passport application denial and passport revocation
hearings requested by individuals outside the United States
generally will take place at a U.S. embassy or consulate. If the
person is incarcerated, the hearing may be held at the place of
incarceration. The hearing officer will be a senior level U.S.
embassy or consulate officer with no dealings in the particular case
who has been approved by CA/PPT/S/L.
e. (SBU) Hearing procedures:
(1) (SBU) The hearing officer will make findings of fact and submit
recommendations based on the record of the hearing to the Deputy
Assistant Secretary for Passport Services (CA/PPT), who will make
the final decision for the Department;
(2) (SBU) The person requesting the hearing may appear in person, or
with or by his designated attorney. The attorney must be admitted
to practice in any state of the United States, the District of
Columbia, any territory or possession of the United States, or be
admitted to practice before the courts of the country in which the
hearing is to be held;
(3) (SBU) The person requesting the hearing may testify, offer
evidence in his or her own behalf, present witnesses, and make
arguments at the hearing. The person requesting the hearing is
responsible for all costs associated with the presentation of his or
her case. CA/PPT may present witnesses, offer evidence, and
make arguments in its behalf. CA/PPT is responsible for all costs
associated with the presentation of its case;
(4) (SBU) Formal rules of evidence will not apply, but the hearing
officer may impose reasonable restrictions on relevancy,
materiality, and competency of evidence presented. Testimony will
be under oath or by affirmation under penalty of perjury. Persons
authorized to administer oaths for this purpose are defined in 22
CFR 51.1(f) when instructed to do so by Passport Legal. The
hearing officer may not consider any information that is not also
made available to the person requesting the hearing and made a
part of the record of the proceeding; and
(5) (SBU) If any witness is unable to appear in person, the hearing
officer may, in his or her discretion, accept an affidavit from or order
a deposition of the witness, the cost for which will be the
responsibility of the requesting party. In such cases, the hearing
officer may impose such conditions as he or she deems
appropriate.
f. (SBU) Transcript and record of the hearing: In accordance with 22 CFR
51.72, a qualified court reporter must make a complete verbatim
transcript of the hearing. The person requesting the hearing and/or his
or her attorney may review and purchase a copy of the transcript. The
hearing transcript and the documents received by the designated
Department of State hearing officer will constitute the record of the
hearing. A complete copy of the transcript and record must be
provided to Passport Legal along with the findings of fact and
recommendations of the hearing officer. Passport Legal will provide
the transcript and the record to the Deputy Assistant Secretary for
Passport Services.
g. (SBU) Privacy of the Hearing: Only the person requesting the hearing,
his or her attorney, the hearing officer, official reporters, and employees
of the Department directly concerned with the presentation of the case
may be present at the hearing. Witnesses may be present only while
actually giving testimony or as otherwise directed by the hearing
officer.
h. (SBU) Final Decision:
(1) (SBU) The hearing officers report shall be provided to CA/PPTs
Deputy Assistant Secretary, through the CA/PPT/S/L Director or
designee. The report and recommendation is not to be released to
anyone else without the authorization of the CA/PPT/S/L Director;
and
(2) (SBU) After reviewing the record of the hearing and the findings of
fact and recommendations of the hearing officer, the Deputy
Assistant Secretary for CA/PPT will decide whether to uphold the
denial of the passport application or revocation of the passport.
The person requesting the hearing will be promptly notified in
writing of the decision. If the decision is to uphold the denial or
revocation, the notice will contain the reason(s) for the decision.
The decision is final and is not subject to further administrative
review.

7 FAM 1387 (SBU) PASSPORT APPLICATION DENIAL AND


PASSPORT REVOCATION FOR CHILD SUPPORT
ARREARAGES
7 FAM 1387.1 (SBU) Summary
(CT:CON-627; 01-29-2016)
a. (SBU) Statutory Authority: The Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (42 U.S.C. 652(k)) prohibits any
individual who has been certified to the Secretary of State by the
Secretary of Health and Human Services (HHS) as being in arrears on
child support payments by an amount exceeding $5,000 from receiving
a United States passport. That amount was reduced to $2,500 on
October 1, 2006 pursuant to Section 7303 of Public Law 109-171,
which amended 42 U.S.C. 652(k).
b. (SBU) Regulatory Authority: 22 CFR 51.60(a)(2) provides that 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 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 determined by statute.
c. (SBU) The law applies to all passports regular, official, diplomatic,
and no fee regular passport books and cards.
(SBU) NOTE: 22 CFR 51.7 provides that [a] passport at all times
remains the property of the United States and must be returned to the
U.S. Government upon demand. If a citizen is the subject of an HHS
hold for child support arrearages, his/her passport application must be
denied or his/her already issued passport revoked. This applies to all
his/her U.S. passports regular passport or passport card, official,
diplomatic, and no fee regular passport.
d. (SBU) How Information is entered into CLASS: The Department of
Health and Human Services, Administration for Children and Families,
Office of Child Support Enforcement (HHS/ACF/OCSE) provides
CA/CST with daily additions and deletions of data. No information on
this type of case can be added to or removed from CLASS except in
this manner.
e. (SBU) When Restrictive Passport Action is Taken: Restrictive passport
action regarding any and all passports in the individuals possession
(regular, diplomatic, official, no-fee) must be taken whenever a person
who is the subject of a child support arrearages CLASS hold (P/H hit)
comes to your attention in connection with any passport or American
Citizens Services (ACS) functions as outlined below:
(1) (SBU) When the person who is the subject of the P/H CLASS hit
applies for any passport service, including miscellaneous services;
(2) (SBU) When the person who is the subject of the P/H CLASS hit
applies for any passport service on behalf of his or her children.
The child(ren) will be issued a passport. The adverse action will be
taken only regarding the parents passport;
(3) (SBU) When the person who is the subject of the P/H CLASS hit
applies for Form FS-240, Consular Report of Birth of a U.S. Citizen
Abroad, on behalf of a child. The adverse action will be taken
regarding the parents passport; issuance of the FS-240, Consular
Report of Birth of a U.S. Citizen Abroad, for the child must proceed
normally; and
(4) (SBU) When the person who is the subject of the P/H hit applies for
any consular protection service requiring a CLASS name clearance.
f. (SBU) Requests Received Directly From Parents: We cannot accept
requests for passport denial in child support arrearage cases directly
from a parent, an attorney, a court, or a law enforcement agency.
Interested parties must contact the relevant state child support
enforcement agencies involved in the case for assistance.
g. (SBU) Foreign Requests for U.S. Passport Denial for Child Support
Reasons:
(1) (SBU) 7 FAM 1750, International Child Support Enforcement,
provides guidance about bilateral international child support
enforcement agreements in force between the United States and
other countries; and
(2) (SBU) Foreign interested parties must contact their countrys
central authority to request child support enforcement measures:
(a) (SBU) This could include conversion of the foreign child support
order to a U.S. state order by the U.S. state authorities, which
could result in the state child support enforcement agency
certifying the arrearage to HHS;
(b) (SBU) HHS could then transmit this data to Consular Affairs for
entry in CLASS;
(c) (SBU) To initiate this action, the foreign interested parties must
contact their central authority which must communicate with the
U.S. state office of child support enforcement; and
(d) (SBU) The Department of State and posts abroad cannot deny a
passport application or revoke a passport on the basis of a
foreign child support order.
h. (SBU) Applicants abroad with child support arrearages: If the person is
applying abroad for passport services, including miscellaneous
services, post must not provide passport services except the issuance
of a passport limited in validity for direct travel to the United States.
The standard passport fees will be assessed unless one of the
exemptions applies (see 7 FAM 1350 Appendix G). Before issuing the
limited-validity direct-return passport, the applicants bio data, passport
application, travel itinerary, and any available address and contact
information must be sent to Passport Legal at CA-PPT-Legal-Hits-
Overseas@state.gov, copying your CA/OCS/ACS country officer, for
referral to HHS.
i. (SBU) Inquiries: General child support related questions from posts
about P/H CLASS hits must be directed to the country officer in
CA/OCS/ACS. Questions from passport agencies/centers must be
directed to Passport Legal. Public requests for general information
regarding the denial of passports for non-payment of child support may
be handled at post. If inquirers want specific action or information,
they must be referred to the relevant state child support enforcement
agencies:
(1) (SBU) The applicant may claim that money is not owed, that the
money never gets to the child, that the state has decertified the
applicant as being in arrears, etc.; and
(2) (SBU) You must inform the applicant that Federal law and
regulation prohibit the issuance of a passport (except for direct
return to the United States) in a child support arrearage case, and
that only the relevant state child support enforcement agencies
have the authority to authorize the Department to release the
passport CLASS hold.
(SBU) NOTE: The Department does not contact HHS or the state
child support enforcement agencies to advocate on behalf of an
individual requesting assistance under this program.
j. (SBU) Payments Cannot be Made to or at Domestic Passport Agencies
or Centers or Posts:
(1) (SBU) Applicants cannot pay their arrearages at overseas posts or
domestic passport agencies/centers; and
(2) (SBU) Receipts of payment from state child support enforcement
agencies that are submitted to overseas posts or domestic
passport agencies/centers are not acceptable for purposes of
passport issuance.
(SBU) NOTE: Applicants must be directed to their state child support
enforcement agencies to resolve the claimed arrearage. The state
child support agency will inform HHS when the child support
arrearage has been resolved. HHS will then remove the name from
the database.

7 FAM 1387.2 (SBU) Procedures for Passport Application


Denial in Child Support Arrearages Cases
(CT:CON-578; 06-05-2015)
a. (SBU) Completeness and Accuracy of CLASS Inquiry: Because the
HHS database is so large, it is very important that complete and
accurate bio data be sent to CLASS.
b. (SBU) Confirming that the Applicant is the subject of the P/H Hit: You
will need to compare the application information against the data
provided in the CLASS P/H hit received on the case. The P/H hit lists
the applicants sex and Social Security Number (SSN) in addition to
his/her name and date and place of birth:
(1) (SBU) Generally, all five points of comparison (sex, Social Security
Number (SSN), name, date of birth, place of birth) are required to
match. If all five points of comparison do not match exactly, but
you believe that the applicant is the same individual as the person
with the P/H hit because the information is very similar (i.e., name,
date of birth, place of birth, and SSN match, but sex is different; or
name, date of birth, place of birth, sex match, but SSN is one or two
digits different from the P/H hit; or date of birth, place of birth, SSN,
sex match, but the middle name of applicant is not listed on the P/H
hit), you must suspend the application and provide the appropriate
denial letter to the applicant;
(2) (SBU) If the applicant uses an obvious nickname for a given name,
(i.e., Tom is listed instead of Thomas), but all other points of
comparison match, this must be considered a match and the
application must be suspended with the appropriate denial letter
given to the applicant; and
(3) (SBU) You may only issue the passport over the P/H Class hit if the
applicant can provide credible identity documentation that he or she
is not the subject of the lookout. The applicants verbal statement
that he/she is not the same person is insufficient.
c. (SBU) Not Authorized to Override Hit: You are not authorized to
override a P/H CLASS hit unless you determine that the applicant is not
the subject of the P/H hit (i.e., a washout). You may issue a passport
to an applicant who is the subject of the hit only when his or her name
clears CLASS.
d. (SBU) Informing the Applicant: If the applicant is confirmed as the
subject of the lookout, you must inform the applicant that a passport
cannot be issued. For overseas posts, the applicant must be advised
that a passport cannot be issued except for direct return to the United
States. The applicable passport fees will be charged for the limited-
validity direct return passport, which may then be replaced for no fee
with a full-validity passport under 7 FAM 1350 Appendix W, provided
that the applicant resolves the hit within the year time frame:
(1) (SBU) Overseas applicants must be provided with a letter denying
passport services as shown in 7 FAM Exhibit 1387.2:
(a) (SBU) Posts must scan the letter into the ACS system record;
(b) (SBU) Forward the Form DS-11, Application for a Passport, Form
DS-82, Application for a Passport by Mail, or Form DS-4085,
Application for Additional Visa Pages, accompanied by a copy of
posts notification letter to the applicant to the address below for
scanning into the Departments passport records system;
(c) (SBU) The application is considered denied until the individual
can overcome the hold. If that doesn't happen after 90 days, the
denied application is sent to Passport Records Services (see 7
FAM 1381); and
(d) (SBU) If the child support arrearage comes to the posts
attention not in connection with a passport application for the
parent who is in arrears, but rather when clearing the parents
name in processing a Form DS 2029 application for a Form FS-
240 or passport for a child, the post must:
(i) (SBU) Take the revocation action described in this section;
(ii) (SBU) Attach a copy of the posts notification letter to a
Form DS-4085, Application for Additional Visa Pages or
Miscellaneous Passport Services); and
(iii) (SBU) The consular officer must complete Form DS-4085.
Be sure to enter the parents previous passport number in
the appropriate block using the revoked passport or PIERS
record. The consular officer is authorized to sign the Form
DS-4085 without recourse, after annotating the form or
attaching an explanation to the form; and
(2) (SBU) Domestic passport agencies/centers will provide the
applicant with the appropriate IRL that denies passport services.
The applicant also should be given the information sheet entitled
Child Support Payments and Getting a US Passport, available on the
Bureau of Consular Affairs Internet page and a list of state child
support enforcement agencies. (See Passport Services', IRL section
on the Intranet.)
e. (SBU) Issuance of Limited Passport for Direct Return to United States:
Passport services for individuals with P/H Lookouts who are overseas
are restricted to issuance of a passport limited to the time required for
travel to the United States, generally just a few days and no longer than
two weeks. The applicant is charged a fee for this passport, unless
one of the exemptions provided in 7 FAM 1350 Appendix G applies.
Endorsement code 105 must be used for all child support arrearage
cases. (See 7 FAM 1300 Appendix B, Endorsement Codes.)
(SBU) Endorsement 105
THIS PASSPORT IS VALID ONLY FOR RETURN TO THE UNITED
STATES BEFORE (month day, year). IT CANNOT BE EXTENDED.

(SBU) Note for Overseas Posts:


If the individual is not ready to travel to the United States, you are to
advise him or her to return to the post when he or she is ready to
travel, and has a confirmed itinerary to be submitted to post, and post
will issue a limited validity passport for direct return to the United
States at that time. When the individual is ready for travel, and has a
confirmed itinerary, email the confirmed itinerary to: CA-PPT-Legal-
Hits-Overseas@state.gov (Passport Legal).
f. (SBU) Application held in Suspense for 90 Days: The passport
application for a subject of a P/H CLASS hit must be held in your
offices suspense file for 90 days. HHS updates the data in CLASS
every 24 hours. If the application clears CLASS within that time period,
you may approve the application and issue a full validity passport. If
the application does not clear CLASS after 90 days, it must be
considered denied. Application and execution fees are not refundable.
Domestic passport agencies/centers may use the appropriate IRL to
deny the application and return the applicants citizenship
documentation.

7 FAM 1387.3 (SBU) Health and Human Services (HHS)


Emergency Override of Child Support Arrearage CLASS Hit
(CT:CON-578; 06-05-2015)
a. (SBU) There will be very rare emergency instances in which HHS will
certify to CA/PPT that an applicant has satisfied his or her child
support arrearages. This situation will happen only when there is an
emergency need for travel and there is not enough time for HHS to
remove the applicants name from CLASS in the usual manner.
HHS/AFC/OCSE is not authorized to certify this information directly to
overseas posts or passport agencies/centers.
b. (SBU) HHS will contact Passport Services Clearance Section
(CA/PPT/S/TO/RS/DO/C), with the certification information. Only
CA/PPT/S/TO/RS/DO/C can authorize you to override the P/H CLASS
hit so that you may issue the applicant a passport for travel.
CA/PPT/S/TO/RS/DO/C will forward the authorization to override the
P/H hit to you either by fax or email.
c. (SBU) A sample authorization message from CA/PPT/S/TO/RS/DO/C,
in child support arrearage override cases is provided in 7 FAM Exhibit
1387.3.

7 FAM 1387.4 (SBU) Procedures for Passport Revocation in


Child Support Arrearages Cases
(CT:CON-627; 01-29-2016)
a. (SBU) If a U.S. citizen who is the subject of a P/H hit applies for
additional passport or other citizenship-related services requiring name
clearance (e.g. citizenship documentation of additional children) and is
the bearer of a valid U.S. passport, you must:
(1) (SBU) Confiscate the existing valid passport(s) (regular, diplomatic
and official) for the parent in arrears. By regulation, U.S. passports
remain the property of the U.S. Government at all times and must be
returned upon demand. (See 22 CFR 51.7.) Do not immediately
cancel the valid passport(s);
(2) (SBU) Inform the applicant that his or her valid passport is being
confiscated, that it is considered revoked, and that further passport
services are being denied until HHS certifies that he or she no
longer is in arrearages on his or her child support payments. If the
applicant is overseas, he or she is entitled only to an EPDP limited
for direct return to the United States for which he/she will be
charged the applicable passport fees, unless one of the exemptions
provided in 7 FAM 1350 Appendix G applies. (See 7 FAM 1387.2 e
for limitation procedures in these types of cases.)
(3) (SBU) Provide the applicant with a letter revoking all currently valid
passports (including any diplomatic, official, no-fee or second fee)
and denying further passport services (except for direct return to
the United States if overseas). Overseas posts will provide
applicants with the letter shown in 7 FAM Exhibit 1387.4. Domestic
passport agencies/centers will provide the applicant with IRL 695-
05. The applicant may also be given the information sheet entitled
Child Support Payments and Getting a US Passport, available on the
Bureau of Consular Affairs Internet page, and a list of state child
support enforcement agencies. Posts do not contact state child
support agencies on behalf of the applicant.
(SBU) NOTE: In some cases, a bearer may refuse to surrender all
currently valid passports. If the case is pending at a domestic
passport agency/center contact Passport Legal at CA-PPT-Legal-Hits-
Domestic@state.gov for additional guidance. If the case is pending
at an overseas post, contact CA/OCS/L at Ask-OCS-L@state.gov for
additional guidance.

b. (SBU) Passport Submitted With Application For Additional Services


Held In Suspense For 90 Days: The subjects passport (and application
for additional service) must be held in your offices suspense file for 90
days. HHS updates the data in CLASS every 24 hours.
(1) (SBU) If the bearers name clears CLASS within the 90 day
suspense period, you may withdraw or cancel the revocation letter,
process the additional passport or citizenship-related service
requested, and return the passport to the bearer.
(2) (SBU) If the bearers name does not clear CLASS after 90 days, the
passport must be canceled, and the new service will not be
provided.
(a) (SBU) Do not place an endorsement in a canceled, revoked
passport and return it to the bearer except as described in
paragraph d below regarding passports with valid foreign visas.
(b) (SBU) Additional application fees are not refundable.
(c) (U) Passport agencies/centers must use the appropriate IRL to
deny the application for additional services.
(d) (SBU) Posts must use the model revocation letter found at 7
FAM Exhibit 1387.4. The letter must be scanned into the ACS
system record and forwarded with the denied application for
services for scanning into PLOTS/ECAS. (See 7 FAM 1300
Appendix A.) Send the application for services and notification
revocation letter to CA/PPT/S/TO/RS (see 7 FAM 1381).
c. (SBU) Disposition of Passports Revoked for Child Support Arrearages
only:
(1) (SBU) Agencies/Centers:
(a) (SBU) A legacy passport (a book without an electronic chip)
confiscated in connection with an HHS hit must be canceled and
destroyed (shredded) at the agency/center. The "Passport
Destruction Report" (see 7 FAM Exhibit 1386) must be
completed and emailed to the CLASP Unit at CLASP@state.gov.
The CLASP Unit will update PIERS to show that the books have
been destroyed.
(b) (SBU) If a passport agency has a shredder capable of
adequately destroying an e-Passport (a passport with an
electronic chip) the procedures listed in the previous paragraph
may be followed.
(c) (SBU) If a passport agency does not have such a shredder, it
must cancel the revoked passport(s) and forward it/them to the
CLASP Unit for destruction and PIERS update (see 7 FAM 1381).
The "Passport Destruction Report" (see 7 FAM Exhibit 1386)
should be completed and accompany the passport(s).
(2) (SBU) Overseas Posts Legacy passports confiscated in
connection with an HHS hit must be canceled and destroyed
(shredded) at the post.
(a) (SBU) The "Passport Destruction Report" (see 7 FAM Exhibit
1386) must be completed and emailed to the CLASP Unit at
CLASP@state.gov. The CLASP Unit will update PIERS to show
that the passports have been destroyed.
(b) (SBU) Posts do not have shredders capable of adequately
destroying an e-Passport. Posts must cancel the revoked e-
Passport (s) and forward it/them to the CLASP Unit for
destruction and PIERS update. The "Passport Destruction
Report" (see 7 FAM Exhibit 1386) must be completed and
accompany the passport(s). The mailing address is the same as
in 7 FAM 1387.4 , subparagraph c(1).
d. (SBU) Revoked Passport Contains Foreign Visas: If the bearer has a
foreign visa or visas in the revoked passport and indicates that he or
she needs the passport to depart the country or present to foreign
authorities in the host country, advise that you can cancel the passport
and return it to the individual. Cancel the passport by punching two
holes in its front cover. Do not damage the entry/exit or visa stamp.
No endorsement of the cancelled passport is necessary.
e. (SBU) You must not allow a person who is the subject of a P/H hit to
check his or her valid passport in and out of the post or passport
agency/center.
f. (SBU) Revoked passport information must not be entered into CLASP.

7 FAM 1387.5 (SBU) Appeal of Passport Application Denial or


Passport Revocation in Child Support Arrearages Cases
(CT:CON-627; 01-29-2016)
(SBU) State child support agencies are required to provide identified
individuals with substantial advance notice of their arrearage, the
consequences thereof, and an opportunity to contest the determination
or pay the amount owed. Since the resolution of such a matter lies solely
with the state child support enforcement agency, there is no
Departmental administrative appeal of the passport application denial or
passport revocation in these cases. HHS, through its daily deletions of
names, will remove names from the lookout system as warranted.
(SBU) NOTE: Remember to clear names for all passport and citizenship services, including miscellaneous
services.
42 U.S.C. 652(k) does not affect the citizenship status of the individual.
Other services must be provided.
A person in arrears for child support may still be eligible for a repatriation or EMDA loan. See 7 FAM 370
(repatriation), 7 FAM 380 (EMDA for non-prisoners) and 7 FAM 440 (EMDA for prisoners).
Citizenship documentation of children of the parent in arrears for child support must be provided.
Posts overseas should direct any questions to CA/OCS (Ask-OCS-L@state.gov);
Domestic passport agencies and centers should direct questions to Passport Legal at CA-PPT-Legal-Hits-
Domestic@state.gov.

7 FAM 1388 (SBU) SURRENDER OF U.S. PASSPORTS TO


HOST GOVERNMENT AUTHORITIES
(CT:CON-578; 06-05-2015)
(SBU) The Department sometimes receives inquiries concerning U.S.
citizens who have surrendered their passports to foreign or host
government authorities, often as an alternative to detention pending trial
or to posting a cash bail or bond during certain stages of judicial
proceedings, and who then apply at post for another passport. The
following guidelines will assist posts in handling these cases, although
the circumstances of each individual case obviously cannot be
anticipated.

7 FAM 1388.1 (SBU) Guidelines for Handling Surrendered


Passport Cases
(CT:CON-578; 06-05-2015)
a. (SBU) Request Release of Passport: At the discretion of the consular
officer and when warranted by the facts of the case, the applicant must
be advised that possession of two valid passports of the same type is
precluded by passport regulations absent Department authorization
(e.g., see 7 FAM 1300 Appendix R, Possession of More than One
Passport). Therefore, generally, the applicant must first ask the host
government to return the passport. As an alternative, the consular
officer may request the return of the passport from the appropriate
authorities unless to do so would not be prudent based on the facts of
the particular case.
b. (SBU) If Passport Is Not Released: If the passport is not released by
the local authorities, or when the consular officer has determined that a
request for its return is not warranted, the procedures described in
section 7 FAM 1388.2 must be followed.

7 FAM 1388.2 (SBU) Procedures When Passport Is Not


Released
(CT:CON-578; 06-05-2015)
a. (SBU) Issuance of Passport When Host Government Does Not Seek
Notification of Issuance: Unless the post has received a request from
the host government to notify it if the U.S. citizen applies for a passport
(or other travel documentation), the citizen may be issued a passport if
satisfactory evidence of identity and evidence of citizenship exist and
the applicants name clears CLASS. (See 7 FAM 1320, Identity of
Passport Applicant, 7 FAM 1330, Name Clearance of Passport
Applicants, and 7 FAM 1100, Acquisition of Citizenship.)
b. (SBU) Procedures When Host Government Seeks Notification of
Passport Issuance: If the post has received a request from the host
government to notify it if a specific U.S. citizen who has surrendered a
passport seeks a new passport, and subsequently the citizen requests
a new passport, the applicant must be informed of the host
governments request and that the post must notify the host
government, generally after issuance, if the applicant chooses to
submit the passport application. If the applicant chooses to proceed
with the application for another passport, post may issue a passport
and then notify the host government authorities. If the applicant
chooses not to proceed with the application, the host government
authorities must not be notified. For an escaped prisoner or other
fugitive from justice see 7 FAM 1388.3 below.
c. (SBU) Affidavit of Lost Passport: In surrendered passport cases in
which the bearer applies for another passport, the bearer must
complete Form DS-64, Statement Regarding a Lost or Stolen Passport,
explaining the details of the unavailability of the first passport,
acknowledging that the first passport is now considered canceled, and
affirming that if the first passport is recovered, it will be returned to the
U.S. Government. A copy of the affidavit may be given to the applicant
when the new passport is issued.
d. (SBU) Reporting to Department: Whenever a U.S. citizen who has
surrendered a previously issued passport to host government
authorities seeks a new passport, post must report all pertinent
information to the Bureau of Consular Affairs (CA/OCS/ACS) and enter
the surrendered passport into the CLASP database. If the host
government returns the passport to post at a later point, post must
forward it to the CLASP Unit so that it may enter the disposition of the
passport into PIERS. (See 7 FAM 1370, Lost, Stolen, Damaged,
Mutilated, and Found Passports.)
e. (SBU) Communicating with the Host Government: Posts must request
the return of any U.S. passports being held by host government
authorities. Post will use the following regulatory cites to support its
actions:
(1) (SBU) 22 CFR 51.7, which provides that a U.S. passport remains the
property of the U.S. Government at all times and must be returned
to it upon request; and
(2) (SBU) 22 CFR 51.2(b), which provides that a person may not be in
possession of more than one valid passport (of the same type) at
any one time absent Department authorization.
f. (SBU) Retention for Law Enforcement Investigation: The Department
recognizes that foreign governments may retain a U.S. passport for a
limited time in certain circumstances (e.g., a legitimate investigation or
pending proceeding). If, however, a retained passport has not been
returned to post in a reasonable period of time after post has
requested return, or if the ability of the host government to safeguard
the passport is in question, post must contact Passport Legal at
AskPPTLegal@state.gov and request that the passport be entered in
the Treasury Enforcement and Communication System (TECS) through
the U.S. National Central Bureau (USNCB).
g. (SBU) When a Passport is Retained By a Third Country: When a U.S.
citizens passport has been retained by government authorities in a
third country, posts must issue a new passport upon application if the
citizen is entitled to one, enter information about the retained passport
into CLASP, and notify the appropriate post in the other country. That
post may then request the host country to return the passport, as it is
the property of the U.S. Government. If the host government returns
the passport, post must forward it to the CLASP Unit so that it may
enter the disposition of the passport into PIERS. (See 7 FAM 1370,
Lost, Stolen, Damaged, Mutilated, and Found Passports.)

7 FAM 1388.3 (SBU) Passport Denial on the Basis of Foreign


Felony Warrants
(CT:CON-578; 06-05-2015)
a. (SBU) A U.S. passport may be denied when the Department is informed
by an appropriate foreign government authority or international
organization, such as Interpol, that the applicant is the subject of a
foreign warrant for arrest for a felony. A passport application may not
be denied based upon any other foreign court order or condition of
probation or parole.
b. (SBU) When informed of a foreign felony warrant, posts must notify
Passport Legal at AskPPTLegal@state.gov, scan and email a copy of
the foreign warrant and, if applicable, the Interpol Red Notice, copying
your CA/OCS/ACS country officer and CA/OCS/L at Ask-OCS-
L@state.gov. Passport Legal will coordinate with CA/OCS/ACS,
CA/OCS/L, L/CA, L/LEI, DS, and the Departments regional desk.

7 FAM 1388.4 (SBU) Passport Issuance to Escaped Prisoners


(CT:CON-578; 06-05-2015)
a. (SBU) If an escaped prisoner comes to posts attention, the consular
officer must clear the name in CLASS and request that the Regional
Security Officer (RSO) coordinate clearance of the name through the
appropriate law enforcement database. If there is a law enforcement
hit, the consular officer must notify Passport Legal at CA-PPT-
Overseas-Legal-Hits immediately for further guidance.
b. (SBU) If local authorities later inquire regarding the passport issuance,
post must describe the actions taken. In the absence of a legal basis
for denial of a passport application, the Department may not refuse to
issue a passport. Delay in passport issuance is appropriate, however,
to allow for consultation with the Department and to clarify whether
any outstanding U.S. or foreign warrants exist. This requires not only a
check of the CLASS system, but also of the National Crime Information
Center (NCIC) system. It is not appropriate, however, to delay issuance
for the purpose of requesting that a U.S. or foreign judge issue a
warrant where none existed previously.
c. (SBU) If a determination is made to issue a passport, and assuming
the applicant wishes to travel immediately, when authorized by
CA/OCS/ACS, in consultation with CA/OCS/L, post may issue a limited
validity passport to the applicant using endorsement code 103. (See 7
FAM 1360 for guidance on Overseas Passport Issuance.)
(SBU) Endorsement Code 103
THIS PASSPORT IS A REPLACEMENT FOR A (LOST, STOLEN, DAMAGED, MUTILATED) PASSPORT
AND EXPIRES ON (MON DAY, YEAR). IT CANNOT BE EXTENDED.

d. (SBU) Prior to issuance, post must inform the applicant that post is
aware of the current disposition of his/her passport and, per 7 FAM
462 Prolonged Imprisoned Consular Requirements, ask that he or
she provide a new statement accurately stating the disposition of the
passport and the details of his/her departure from country X to country
Y, if appropriate.
(SBU) For example: An individual escapes from prison in one foreign
country and applies for a U.S. passport in another foreign country.
There is no warrant of arrest for a felony issued by the foreign
government or lodged with Interpol. The applicant must be advised
that information about passport issuance may be released to local
authorities consistent with the Privacy Act. (See 7 FAM 060, Privacy
Act and American Citizens Services).
e. (SBU) In the absence of an outstanding U.S. Federal, state, local, or
foreign or international warrant of arrest for a felony or extradition
case, post must issue the U.S. citizen a passport even if he/she
declines to provide a new statement regarding the disposition of the
previously issued passport.
f. (SBU) 7 FAM 473 provides specific guidance about Escaped Prisoners
and 7 FAM 493 provides guidance about passports and prisoners
Released on Bail.

7 FAM 1389 (SBU) RESTRICTION ON USE OF PASSPORT FOR


TRAVEL TO DESIGNATED COUNTRIES AND PASSPORT
VALIDATION
(CT:CON-578; 06-05-2015)
a. (SBU) The Secretary of State has the authority (22 U.S.C. 211a) to
restrict the use of the United States passport for travel to a specific
area under certain conditions. When such a restriction is imposed,
U.S. passports are not valid for travel, unless specifically validated, in,
to or through a country or area that the Secretary of State has
determined is:
(1) (SBU) A country with which the United States is at war;
(2) (SBU) A country or area where armed hostilities are in progress; or
(3) (SBU) A country or area where there is imminent danger to the
public health or physical safety of U.S. travelers. (See 22 CFR
51.63.)
b. (SBU) Decisions to declare a geographic area restricted, and any
extension or cancellation of such restriction, must be published as a
Public Notice in the Federal Register.
c. (SBU) The Department will consider requests for validation of
passports for use in travel to a restricted area if the validation is in the
national interest of the United States under the criteria listed in 22 CFR
51.64. There are four categories for which the Department may elect
to grant validations. They are:
(1) (SBU) Professional reporters and journalists;
(2) (SBU) Representatives of the American Red Cross or the
International Committee of the Red Cross on official mission
(ICRC);
(3) (SBU) When the applicants trip is justified by compelling
humanitarian considerations; or
(4) (SBU) Requests determined by the Department to be otherwise in
the national interest.
d. (SBU) Passport Legal processes requests for passport validation for
travel to a restricted area. That office ensures that requests are
properly routed through the areas of the Department that take part in
the consideration process. Passport Legal also notifies the applicant
of the Departments decision and assists the applicant in obtaining the
validation if the request is granted. Denials of validation requests are
not subject to administrative appeal.
e. (SBU) When the Department approves a validation request, the
validation may be entered in the passport. Passport Legal will forward
specific procedural instructions to the involved office. No validations
may be placed in a passport without express authorization from
Passport Legal. Endorsement code 52 is used for validation purposes.
(SBU) Endorsement code 52:
THIS PASSPORT IS ALSO VALID FOR ONE ROUND TRIP TO (NAME
OF COUNTRY OR AREA).
f. (SBU) In the event of the imposition of a use of passport restriction,
passport agencies/centers and overseas posts will be advised of
specific procedures by ALDAC (All Diplomatic and Consular Posts)
cable, and information regarding the restriction will be incorporated
into this subchapter.

7 FAM Exhibit 1385


(U) Passport Limitation Letter
Repatriation or EMDA Loan
(CT:CON-461; 06-13-2013)
Thank you for your recent passport application.
The Department of States records reflect that you were the recipient
of a loan from the U.S. Government (Emergency Medical and Dietary
Assistance/Repatriation for your return to the United
States/Transportation to your overseas permanent residence).
The Accounts Receivable Branch, Comptroller and Global Financial
Services of the Department of State advises that you are making
satisfactory payments on the debt, but that the debt has not yet been
paid in full. Consequently, you are only eligible for a limited validity
passport.
If you have any questions regarding your outstanding debt, please
contact the following office directly:
Accounts Receivable Branch Comptroller and Global Financial
Services
P.O. Box 150008
Charleston, SC 29415-5008
Inquiries via express delivery service must be sent to:
U.S. Department of State
Comptroller and Global Financial Services
Accounts Receivable Branch
CGFS/F/RR/RMICD/ARB
1969 Dyess Avenue, Building 646-B
North Charleston, SC 29405
1-800-521-2116
843-308-5417 (if dialing from outside the United States or Canada)
FMPARD@state.gov
Payments may be made by check or money order payable to the
Department of State, Accounts Receivable and mailed to:
Accounts Receivable Branch
P.O. Box 979005
St. Louis, MO 63197-9000

Sincerely,

[Signature of Consular Officer]


[Typed Name]
[Title
[Issuing Office]

7 FAM Exhibit 1386


(U) Passports Destruction Report
(CT:CON-578; 06-05-2015)
PURSUANT TO THE DEPARTMENTS TRACKING PROCEDURES, A
RECORD MUST BE KEPT AND MAINTAINED WHEN PASSPORTS ARE
FORWARDED TO THE CLASP UNIT FOR DESTRUCTION. THE PASSPORT
AGENCY/CENTER OR POST ABROAD MUST LIST THE PASSPORT &
BOOK NUMBER, AND THE NUMBER OF PASSPORTS TO BE DESTROYED,
WHILE CA/PPT/S/L/LE/CP (CLASP UNIT) WILL COMPLETE THE
DISPOSITION AND DESTRUCTION OF THE PASSPORT.

PASSPORT BOOK/CARD FOR CA/PPT/S/L/LE/CP
NUMBER NUMBER USE ONLY

PIERS Book Destruction Destroyed
Update
Verification


TOTAL NUMBER OF PASSPORTS SUBMITTED: _____________

SUBMITTING OFFICE:______________ DATE:__________

7 FAM Exhibit 1387.2


(U) Passport Denial Letter - Child Support Arrearages -
Overseas Posts Only
(CT:CON-503; 02-07-2014)
Dear [Name of subject]:
Thank you for your recent passport application.
The Department of State has determined that you are ineligible to
receive passport services.
This determination is based on 42 U.S.C. 652(k) and Section
51.60(a)(2) of Title 22 of the Code of Federal Regulations and the
certification of the Secretary of Health and Human Services that you are
in arrears of child support.
Section 51.60(a)(2) reads as follows: The Department may not issue
a passport except a passport for direct return to the United Sates, in any
case in which the Department determines or is informed by competent
authority that the applicant has been certified by the Secretary of Health
and Human Services as notified by a state agency under 42 U.S.C. 562(k)
to be in arrears of child support in an amount determined by statute.

Section 51.60 Denial of Passports


A passport, except for direct return to the United States, shall not be
issued in any case in which:
The applicant has been certified by the Secretary of Health and Human
Services as transmitted from a State agency to be in arrears of child
support in an amount exceeding $2,500.
Please note that in accordance with Section 7303 of Public Law 109-
171, the Deficit Reduction Act of 2005, the threshold for denial of
passport services was reduced from $5,000 to $2,500 on October 1,
2006.
Neither the U.S. embassy/consulate nor the Department of State has
information concerning your child support obligation. A list of state child
support enforcement agencies and their phone numbers is attached to
this letter for your use. Please contact the appropriate office on this list
to make payment arrangements.
This decision is not appealable with the Department of State. If you
make appropriate arrangements with your State child support agency
within 90 days, please notify the U.S. embassy/consulate in writing. After
you make payment arrangements with your State agency, please allow 5-
10 business days before calling the embassy/consulate, so HHS has
enough time to notify Passport Services. Once the Secretary of Health
and Human Services has certified to the Secretary of State that you have
satisfied the child support arrearage, your name will be removed from the
certified list. Please note that several states have a $0 balance policy
before allowing passport issuance to an individual who was previously in
arrearage. All questions regarding such a policy must be addressed to
the appropriate State child support office. The Department of State
cannot override this policy.
Accordingly, your U.S. passport application is being held in abeyance
at the U.S. embassy/consulate. If you have not made arrangements to
discharge the obligation with the U.S. state or other jurisdiction in
question within 90 days, your U.S. passport application will be denied.
Should your application be denied, you may only be issued a limited
validity passport (generally two weeks or less) for direct return to the
United States for which you will be charged a fee.
Sincerely,
[Signature of Consular Officer]
[Name]
[Title]
[Issuing Office]

Enclosures:

1. 42 U.S.C. 652(k)
2. 22 CFR 51.60
3. Child Support Payments and Getting a U.S. Passport
4. List of State Child Support Enforcement Agencies

7 FAM Exhibit 1387.3


(U) Sample Exemplar Advising Post of Emergency Override of
HHS Class Hit
(CT:CON-397; 02-10-2012)
Seal of the
Department of
State Department of State
Consular Affairs Passport Service
Information Management and Liaison/Records

FAX TRANSMISSION

URGENT

DATE: February 8, 2006

TO: Miami PASSPORT AGENCY

ATTENTION: HOLD DESK

FROM: CA/PPT/S/TO/RS/DO/C (Name of Branch Chief)

SUBJECT: HHS HIT

OK TO ISSUE
The following individual has been identified as a HHS Hit. Passport
issuance is authorized, attach HHS letter and cover sheet to application.
Please contact the individual to arrange for the requested passport
service.
NAME DOB POB
John Smith 2/8/1950 VA

7 FAM Exhibit 1387.4


(U) Passport Revocation Letter Child Support Arrearages
Overseas Posts Only
(CT:CON-627; 01-29-2016)
Dear [Name of subject]:
The Department of State has requested this office to inform you that
it has revoked passport (number), issued to you on (date) at (place), and
any other US passport that you may possess, under the provisions of
section 51.60 (a)(2) and 51.62 of title 22 of the Code of Federal
Regulations which read as follows:
Section 51.60 Denial of Passports (a) The Department may not issue
a passport, except a passport for direct return to the United States, in
any case in which the Department determines or is in formed by
competent authority that: (2) 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
determined by statute.
Section 51.62 Revocation or Restriction of Passports- A passport may
be revoked, restricted or limited where: (a) the national would not be
entitled to issuance of a new passport under Section 5160 or 51.61.
The revocation of your currently valid US passport, which you
forwarded to this office as the basis for (issuance of a new passport/
amendment/extension of validity/use in the adjudication of your childs
citizenship/ miscellaneous services/ etc.), is predicated upon
certification by the Department of Health and Human Services that you
are in arrears of child support in an amount exceeding $2,500.
Any further use of any U.S. passport issued to you that has been
revoked would constitute a violation of section 1544 of Title 18 of the
United States Code, a felony. Should you need to travel to the United
States, please contact this office and we will consider issuance of a
limited passport for your direct return to the United States.
The Department of Health and Human Services received your name
from a state child support enforcement agency. You must contact the
appropriate state agency for information about your case. A list of state
child support enforcement agencies and their telephone numbers is
attached to this letter for your use. Neither the U.S. embassy/consulate
nor the Department of State has information concerning your child
support obligations.
The passport revocation action taken by this office is not, repeat not,
appealable to the Department of State. If appropriate payment
arrangements are made within 90 days with your State child support
agency; notify the U.S. embassy/consulate in writing. After you make
payment arrangements with your State agency, please allow 5-10
business days before calling the embassy/consulate, so HHS has enough
time to notify Passport Services. Once the Secretary of Health and
Human Services has certified to the Secretary of State that you have
satisfied the child support arrearage, your name will be removed from the
certified list. Please note that several states have a $0 balance policy
before allowing passport issuance to an individual, who was previously in
arrearage. All questions regarding such a policy must be addressed to
the appropriate State child support office. The Department of State
cannot override this policy.
Accordingly, your U.S. passport is revoked, if you have not made
arrangements to discharge the obligation with the U.S. state or other
jurisdiction in question within 90 days, your U.S. passport will be
physically cancelled and destroyed. You may reapply for a new passport
once the U.S. Department of Health and Human Services, Administration
for Children and Families, Office of Child Support Enforcement
(HHS/ACF/OCSE) has certified to the U.S. Department of State that you
have satisfied the child support arrearage, a process that normally takes
three to four weeks after you have made satisfactory payment
arrangements with the state child support agency.

Sincerely,
[Signature of Consular Officer]
[Name]
[Title]
[Issuing Office]

Enclosures:
1. 42 U.S.C. 652(k).
2. 22 CFR 51.60.
3. Child Support Payments and Getting a U.S. Passport.
4. List of State Child Support Enforcement Agencies.

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