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c. Executive orders designating public international organizations pursuant to 22 U.S.C. 288 (if the designation has been revoked, information about the revocation has been included):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

(c) he promised in a record to support the child as his own; 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)

This Record is Tagged to the Following Taxonomy Types:

  - Commission
  - Energy
  - Refugees
  - US States
  - Colorado
  - Years
  - 1965
  - 1966
  - 1967
  - 1968
  - 1969
  - 1970
  - 1971
  - 1972
  - 1973
  - 1974
  - 1975
  - 1976
  - 1977
  - 1978
  - 1980
  - 1982
  - 1983
  - 1984
  - 1985
  - 1986
  - 1988
  - 1989
  - 1990
  - 1991
  - 1993
  - 1994
  - 1995
  - 1996
  - 1997
  - 2000
  - 2002
  - 2003
  - 2004
  - 2018
  - 2019

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

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