8 FAM 102.5 OTHER AUTHORITIES

Start Date: Wednesday, September 25, 2019

Last Modified: Saturday, May 2, 2020

End Date: Friday, December 31, 9999

UNCLASSIFIED (U)

8 FAM 102.5

Other Authorities

(CT:CITZ-18; 04-09-2019)
(Office of Origin: CA/PPT/S/A)

8 FAM 102.5-1 Delegations of Authority

(CT:CITZ-13; 11-07-2018)

a. Delegation of Authority 213 of July 29, 1994, designated the Assistant Secretary of Consular Affairs as Administrator, fulfilling a statutory requirement under INA 104(b).

b. Delegation of Authority 214 of September 20, 1994, delegated to the Assistant Secretary for Consular Affairs the authorities conferred upon the Secretary by 22 U.S.C. 211a to grant and issue passports, and cause passports to be granted issued and verified in foreign countries, and the authorities conferred upon the President by 22 U.S.C. 211a, and delegated to the Secretary by E.O. 11295, to designate and prescribe rules governing the granting, issuing and verifying of passports.

c. Delegation of Authority 271 of January 30, 2004, delegated to the Assistant Secretary for Consular Affairs the authorities conferred upon the President by INA 215(a) and (b), and assigned to the Secretary with respect to U.S. citizens by E.O. 13323, including the authority to prescribe rules for administering the responsibility for issuing passport books and cards, and for requiring the use of a U.S. Passport to enter and depart the United States.

8 FAM 102.5-2 Executive Orders

(CT:CITZ-15; 01-23-2019)

a. Executive Order 11295 of August 5, 1966 Rules Governing the Granting, Issuance and Denial of United States Passports, which delegates to the Secretary of State the authority to make regulations regarding passports conferred on the President of the United States by 22 U.S.C. 211(a).

b. Executive Order 13323 of December 30, 2003, Assignment of Functions Relating to Arrivals in and Departures from the United States, which delegates authority under INA 215(b) to the Secretary of State.

c. Executive orders designating public international organizations pursuant to 22 U.S.C. 288 (if the designation has been revoked, information about the revocation has been included):

International Organization:	Designated:	Revoked:
African Development Bank	E.O. 12403 February 8, 1983
African Development Fund	E.O. 11977 March 14, 1977
Asian Development Bank	E.O. 11334 March 7, 1967
Border Environment Cooperation Commission	E.O. 12904 March 16, 1994
Caribbean Commission	E.O. 10025 December 30, 1948	E.O. 10983 December 30, 1961
Caribbean Organization	E.O. 10983 December 30, 1961
Coffee Study Group	E.O. 10943 May 19, 1961	E.O. 12033 January 10, 1978
Commissions for Environmental Cooperation	E.O. 12904 March 16, 1994
Commission for Labor Cooperation	E.O. 12904 March 16, 1994
Commission for the Study of Alternatives to the Panama Canal	E.O. 12567 Oct. 2, 1986
Customs Cooperation Council	E.O. 11596 June 5, 1971
European Bank for Reconstruction and Development	E.O. 12766 June 18, 1991
European Space Agency (formerly European Research Organization)	E.O. 11318 December 5, 1966 E.O. 12766 June 18, 1991
Food and Agriculture Organization	E.O. 9698 February. 19, 1946
Great Lakes Fishery Commission	E.O. 11059 October 23, 1962
Hong Kong Economic and Trade Offices	E.O. 13052 June 30, 1997
Inter-American Coffee Board	E.O. 9751 July 11, 1946	E.O. 10083 Oct. 10, 1949
Inter-American Defense Board	E.O. 10228 March 26, 1951
Inter-American Development Bank	E.O. 10873 April 8, 1960
Inter-American Institute for Cooperation on Agriculture (formerly known as Inter-American Institute of Agricultural Sciences)	E.O. 9751 July 11, 1946
Inter-American Investment Corporation	E.O. 12567 October 2, 1986
Inter-American Statistical Institute	E.O. 9751 July 11, 1946
Inter-American Tropical Tuna Commission	E.O. 11059 October 23, 1962
Intergovernmental Committee on Refugees	E.O. 9823 January 24, 1947	E.O. 10083 October 10, 1949
International Maritime Organization (formerly Intergovernmental Maritime Consultative Organization)	E.O. 10795 December 13, 1958
Interim Communications Satellite Committee	E.O. 11227 June 2, 1965	E.O. 11718 May 14, 1973
Interim Atomic Energy Agency	E.O. 10727 August 31, 1957
International Bank for Reconstruction and Development	E.O. 9751 July 11, 1946
International Boundary and Water Commission-The United States and Mexico	E.O. 12467 Mar. 2, 1984
International Centre for Settlement of Investment Disputes	E.O. 11966 January. 19, 1977 (designation retroactive to November 24, 1976)
International Civil Aviation Organization	E.O. 9863 May 31, 1947
International Coffee Organization	E.O. 11225 May 22, 1965
International Committee of the Red Cross	E.O. 12643 June 23, 1988
International Cotton Advisory Committee	E.O. 9911 December 19, 1947
International Cotton Institute, now known as International Institute for Cotton	E.O. 11283 May 27, 1966
International Criminal Police Organization (INTERPOL)	E.O. 12425 June 16, 1983
International Development Association	E.O. 11966 January 19, 1977; designation retroactive to November 24, 1976)
International Development Law Organization	E.O. 12842 March 29, 1993
International Fertilizer Development Association	E.O. 11977 March 14, 1977
International Finance Corporation	E.O. 10680 October 2, 1956
International Food Policy Research Institute	E.O. 12359 April 22, 1982
International Fund for Agricultural Development	E.O. 12732 October 31, 1990
International Hydrographic Bureau	E.O. 10769 May 29, 1958
International Institute for Cotton (see International Cotton Institute)
International Joint Commission--United States and Canada	E.O. 9972 June 25, 1948
International Labor Organization (Functions through staff known as The International Labor Office)	E.O. 9698 February 19, 1946
International Maritime Satellite Organization	E.O. 12238 September 12, 1980
International Monetary Fund	E.O. 9751 July 11, 1946
International Organization for Migration (formerly the Provisional Intergovernmental Committee for the Movement of Migrants for Europe and the Intergovernmental Committee for European Migration)	E.O. 10335 March 28, 1952
International Pacific Halibut Commission	E.O. 11059	Oct. 23, 1962
International Refugee Organization (see Preparatory Commission of the International Refugees Organization)
International Secretariat for Volunteer Service	E.O. 11363 July 20, 1967
International Telecommunication Union	E.O. 9863 May 31, 1947
International Telecommunications Satellite Consortium	E.O. 11277 April 30, 1966	E.O. 11718 May 14, 1973
International Telecommunications Satellite Organization (INTELSAT)	E.O. 11718 May 14, 1973 Re-designated by E.O. 11966 January 19, 1977 (re-designation retroactive to November 24, 1976)	E.O. 11966 January 19, 1977
International Union for Conservation of Nature and Natural Resources, (limited privileges)	E.O. 12986 January 18, 1996
International Wheat Advisory Committee (International Wheat Council)	E.O. 9823 January 24, 1947
Israel-United States Binational Industrial Research and Development Foundation	E.O. 12956 March 13, 1995
Korean Peninsula Energy Development Organization	E.O. 12997 April 1, 1996
Lake Ontario Claims Tribunal	E.O. 11372 September 18, 1967	E.O. 11439 December 7, 1968
Multilateral Investment Guarantee	E.O. 12647 August 2, 1988
Multinational Force and Observers	E.O. 12238 September 12, 1980
North American Development Bank	E.O. 12904 March 16, 1994
North Pacific Anadromous Fish Commission	E.O. 12895 January 26, 1994
North Pacific Marine Science Organization	E.O. 12895 January 26, 1994
Organization for European Economic Cooperation (now known as Organization for Economic Cooperation and Development; 28 FR 2959, Mar. 26, 1963)	E.O. 10133 June 27, 1950
Organization of African Unity (OAU)	E.O. 11767 February 19, 1974
Organization of American States (Includes Pan American Union)	E.O. 10533 June 3, 1954 E.O. 9698 July 12, 1946
Organization of Eastern Caribbean States	E.O. 12669 February 20, 1989
Organization for the Prohibition of Chemical Weapons	E.O. 13049 June 11, 1997
Pacific Salmon Commission	E.O. 12567 October 2, 1986
Pan American Health Organization (Includes Pan American Sanitary Bureau)	E.O. 10864 February 18, 1960 E.O. 9751 July 12, 1946
Pan American Union (see Organization of American States)
Preparatory Commission of the International Atomic Energy Agency	E.O. 10727 August 31, 1957
Preparatory Commission of the International Refugee Organization and its successor, the International Refugee Organization	E.O. 9887 August 22, 1947	E.O. 10832 August 19, 1959
Provisional Intergovernmental Committee for the Movement of Migrants from Europe (see Intergovernmental Committee on Refugees)
Southeast Asia Treaty Organization	E.O. 10866 February 20, 1960	E.O. 12033 January 10, 1978
South Pacific Commission	E.O. 10086 November 25, 1949
United International Bureau for the Protection of Intellectual Property (BIRPI)	E.O. 11484 September 29, 1969
United Nations	E.O. 9698 February 19, 1946
United Nations Educational, Scientific, and Cultural Organization	E.O. 9863 May 31, 1947
United Nations Industrial Development Organization	E.O. 12628, March 8, 1988
United Nations Relief and Rehabilitation Administration	E.O. 9698 February 19, 1946	E.O. 10083 October 10, 1949
Universal Postal Union	E.O. 10727 August 31, 1957
World Health Organization	E.O. 10025 December 30, 1948
World Intellectual Property Organization	E.O. 11866 June 18, 1975
World Meteorological Organization	E.O. 10676 September 1, 1956
World Tourism Organization	E.O. 12508 March 22, 1985
World Trade Organization	E.O. 13042 April 9, 1997

8 FAM 102.5-3 Treaties and Conventions

(CT:CITZ-18; 04-09-2019)

a. Vienna Convention on Consular Relations:

(1) Article 5(d) provides that consular functions include issuing passports and travel documents to nationals of the sending state); and

(2) Article 5(f) provides that consular officers may "act as notary and civil registrar and in capacities of a similar kind, and perform certain functions of an administrative nature, provided that there is nothing contrary thereto in the laws and regulations of the receiving State."

b. Article 1, U.S. - Mexico "Treaty to Resolve Pending Boundary Differences and Maintain the Rio Grande and Colorado River as the International Boundary", November 23, 1970, TIAS 7313; entered into force April 18, 1972.

c. The United States is a party to the international covenant on civil and political rights. (See treaties in force to confirm whether the treaty is in force in the host country). Article 24 of this treaty provides:

2. Every child shall be registered immediately after birth and shall have a name.

8 FAM 102.5-4 Certain Uniform Acts

(CT:CITZ-13; 11-07-2018)

The Uniform Parentage Act of 2000 (UPA), last revised in 2002, includes provisions in Section 204 regarding the presumption of paternity. Uniform acts are model acts which U.S. states may enact in part or in their entirety. Not all states have adopted the UPA so individual state laws may still vary. Section 204 of the UPA provides:

SECTION 204. PRESUMPTION OF PATERNITY.

(a) A man is presumed to be the father of a child if:

(1) he and the mother of the child are married to each other and the child is born during the marriage;

(2) he and the mother of the child were married to each other and the child is born within 300 days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce, or after a decree of separation;

(3) before the birth of the child, he and the mother of the child married each other in apparent compliance with law, even if the attempted marriage is or could be declared invalid, and the child is born during the invalid marriage or within 300 days after its termination by death, annulment, declaration of invalidity, or divorce, or after a decree of separation;

(4) after the birth of the child, he and the mother of the child married each other in apparent compliance with law, whether or not the marriage is or could be declared invalid, and he voluntarily asserted his paternity of the child, and:

(a) the assertion is in a record filed with state agency maintaining birth records;

(b) he agreed to be and is named as the childs father on the childs birth certificate; or

(5) for the first two years of the childs life, he resided in the same household with the child and openly held out the child as his own.

(b) A presumption of paternity established under this section may be rebutted only by an adjudication under Article 6.

8 FAM 102.5-5 Certain Jointly-Executed Memoranda of Understanding

(CT:CITZ-13; 11-07-2018)

a. The Department and Department of Defense (DoD) have indicated in a joint message (airgram circular CG-673 of April 12, 1960) that those members of the Armed Forces who are authorized to administer oaths under 10 U.S.C. 1044(a), are authorized and empowered to administer oaths within the meaning of 22 U.S.C. 213. This authorization extends to any oath necessary in connection with form DS-2029, or as otherwise authorized in 8 FAM.

b. A Memorandum of Understanding between the DoD and the Department details the implementation of the DoD Passport Application Acceptance Program and those authorized by the Department to administer the program.

8 FAM 102.5-6 Certain Attorney General Opinions

(CT:CITZ-7; 08-14-2018)

a. In general, the Department is not bound by nor required to follow Attorney General or BIA Opinions when adjudicating passport and CRBA applications. However, there are certain opinions that the Department has chosen to follow.

b. The doctrine set forth in the Attorney General's opinion of May 24, 1962, in the case of Freddie Norman Chatty-Suarez, 9 I. & N. Dec. 670 (1962), is that potentially expatriating acts performed while a person was unaware of a possible claim to U.S. citizenship do not cause loss of nationality. Under that doctrine, any person wholly unaware of a possible claim to U.S. citizenship should not be held to have ceased to be a citizen by failure to meet the retention requirements.

UNCLASSIFIED (U)

Prominence of Taxonomy

United Arab Emirates World Health Organization EUR — European & Eurasian Affairs AF — African Affairs EAIR (Civil Aviation) Energy Canada United Nations SHLH (Health) ENRG (Energy and Power) KC51 — C5+1 U.S and Central Asia Diplomatic Platform Refugees Refugee and Humanitarian Assistance Climate and Environment PARM (Arms Controls and Disarmament) OTRA (Travel) Science and Technology 2019 Counterterrorism Israel The Ocean and Polar Affairs EAP — East Asian & Pacific Affairs 2018 Treaties and International Agreements IO — International Organization Affairs Assistant Secretary PREF (Refugees) Norway Commission Facial Recognition SENV (Environmental Affairs) Mexico EAGR (Agriculture and Forestry) Executive Order Morocco ANET (Communications) Hong Kong 1988 2002 Vienna 2003 EFIS (Commercial Fishing and Fish Processing) 2004 Panama 2000 ECIN (Economic Integration and Cooperation) 1994 1980 U.S. Department of Defense EFIN (Financial and Monetary Affairs) 1982 1990 1995 1991 1997 1967 1986 1993 1996 World Trade Organization SMIG (Migration) 1989 1973 1975 1974 1970 1985 1978 1984 1968 CJAN (Judicial Assistance and Notarial Services) 1983 1969 1966 1972 1977 1971 1976 1965 International Committee of the Red Cross The International Criminal Police Organization World Intellectual Property Organization International Boundary and Water Commission Asian Development Bank European Bank for Reconstruction and Development (EBRD) Colorado Inter-American Tropical Tuna Commission North Pacific Marine Science Organization Great Lakes Fishery Commission International Union for Conservation of Nature

Roles:

Everyone: All Users

Policies

8 FAM 102.5 OTHER AUTHORITIES

Prominence of Taxonomy

Roles:

Public Schedule

Foreign Travel to US

Goals

Informal Communication

Official Statements

Press Guidance

Strategies

Tableau

P Travel History

S Travel History

Videos

Test Module 2

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8 FAM 102.5 OTHER AUTHORITIES

This Record is Tagged to the Following Taxonomy Types:

Prominence of Taxonomy

Roles:

Public Schedule

Foreign Travel to US

Goals

Informal Communication

Official Statements

Press Guidance

Strategies

Tableau

P Travel History

S Travel History

Videos

Test Module 2

Test Module 4