days after request, or such longer period as is requested by the person adversely affected and agreed to by the hearing officer. $51.82 Notice of hearing. The person adversely affected shall receive not less than 5 business days' notice in writing of the scheduled date and place of the hearing. $51.83 Functions of the hearing officer. The hearing officer shall act on all requests for review under $51.81. He shall make findings of fact and submit recommendations to the Administrator of the Bureau of Security and Consular Affairs. In making his findings and recommendations, the hearing officer shall not consider confidential security information is made available to the person adversely affected and is made part of the record of the hearing. $51.84 Appearance at hearing. The person adversely affected may appear at the hearing in person or with his attorney, or by his attorney. The attorney must possess the qualifications prescribed for practice before the Board of Appellate Review or be admitted to practice before the courts of the country in which the hearing is to be held. [Dept. Reg. 108.637, 36 F.R. 9068, May 19, 1971] The person adversely affected may appear and testify in his own behalf and may himself, or by his attorney, present witnesses and offer other evidence and make argument. If any witness whom the person adversely affected wishes to call is unable to appear in person, the hearing officer may, in his discretion, accept an affidavit by the witness or order evidence to be taken by deposition. The person adversely affected shall be entitled to be informed of all the evidence before the hearing officer and of the source of such evidence, and shall be entitled to confront and cross-examine any adverse witness. The person shall, upon request by the hearing officer, confirm his oral statements in an affidavit for the record. $51.86 Admissibility of evidence. The person adversely affected and the Department may introduce such evidence as the hearing officer deems proper. Formal rules of evidence shall not apply, but reasonable restrictions shall be imposed as to relevancy, competency and materiality of evidence presented. $51.87 Privacy of hearing. The hearing shall be private. There shall be present at the hearing only the person adversely affected, his attorney, the hearing officer, official stenographers, employees of the Department directly concerned with the presentation of the case, and the witnesses. Witnesses shall be present at the hearing only while actually giving testimony or when otherwise directed by the hearing officer. § 51.88 Transcript of hearing. A complete verbatim stenographic transcript shall be made of the hearing by a qualified reporter, and the transcript shall constitute a permanent part of the record. Upon request, the appellant or his counsel shall be entitled to inspect the complete transcript and to purchase a copy thereof. $51.89 Decision of Assistant Secretary for Consular Affairs; notice of right to appeal. The person adversely affected shall be promptly notified in writing of the decision of the Assistant Secretary for Consular Affairs and, if the decision is adverse to him or her, the notification shall state the reasons for the decision and inform him or her of the right to appeal the decision to the Board of Appellate Review (Part 7 of this Chapter) within 60 days after receipt of notice of the adverse decision. If no appeal is made within 60 days, the decision will be considered final and not subject to further administrative review. [Dept. Reg. 108.783, 44 F.R. 68827, Nov. 30, 1979] PART 52-MARRIAGES AUTHORITY: The provisions of this Part 52 issued under sec. 4, 63 Stat. 111, as amended; 22 U.S.C. 2658. § 52.1 Celebration of marriage. Foreign Service officers are forbidden to celebrate marriages. § 52.2 Official witness at marriage ceremony. (a) Diplomatic representative. A diplomatic representative shall not act as an official witness at a marriage ceremony. (b) Consular Officer. A consular officer when requested, may act as an official witness at a marriage ceremony, in accordance with Title 22 U.S.C. 1172, provided that one of the contracting parties is a national of the United States and provided the consular officer has assured himself, as far as practicable, that the parties have complied with requirements of the applicable law of the place of celebration. § 52.3 Certificate of witness to marriage. Whenever a consular officer witnesses a ceremony of marriage he shall complete a Certificate of Witness to Marriage form, affix thereto the seal of the consulate, certify that the marriage took place in his presence, and sign such certificate. § 52.4 Authentication of marriage and divorce documents. (a) Whenever a consular officer is requested to authenticate the signature of local authorities on a document of marriage when he was not a witness to the marriage, he shall include in the body of his certificate of authentication the qualifying statement, "For the contents of the annexed document, the Consulate (General) assumes no responsibility." (b) A consular officer shall include the same statement in certificates of authentication accompanying decrees of divorce. $52.5 Certification as to marriage laws. Although a consular officer may have knowledge respecting the laws of marriage, he shall not issue any official certificate with respect to such laws. PART 53-TRAVEL CONTROL OF CITIZENS OF UNITED AUTHORITY: The provisions of this Part 53 issued under sec. 215, 66 Stat. 190, 8 U.S.C. 1185. Proc. 3004, 18 F.R. 489; 3 CFR, 19491953 Comp. $53.1 Passport requirement. Under section 215(b) of the Immigration and Nationality Act (8) U.S.C. 1185(b)), it is unlawful except as otherwise provided for any citizen of the United States to depart from or enter, or attempt to depart from or enter, the United States without a valid passport. $53.2 Exceptions. A U.S. citizen is not required to bear a valid passport to enter or depart the United States. (a) When traveling directly between parts of the United States as defined in §50.1 of this chapter; (b) When traveling between the United States and any country, territory, or island adjacent thereto in North, South or Central America excluding Cuba; provided, that this exception is not applicable to any such person when proceeding to or arriving from a place outside the United States for which a valid passport is required under this part if such travel is accomplished within 60 days of departure from the United States via any country or territory in North, South or Central America or any island adjacent thereto; (c) When traveling as a bonafide seaman or air crewman who is the holder of record of a valid merchant mariner identification document or air crewman identification card; (d) When traveling as a member of the Armed Forces of the United States on active duty; (e) When he is under 21 years of age and is a member of the household of an official or employee of a foreign government or of the United Nations and is in possession of or included in a foreign passport; (f) When he is a child under 12 years of age and is included in the foreign passport of an alien parent; however, such child will be required to provide evidence of his U.S. citizenship when entering the United States; (g) When the citizen entering the United States presents a card of identity and registration issued by a consular office abroad to facilitate travel to the United States; or (h) When specifically authorized by the Secretary of State through appropriate official channels to depart from or enter the United States, as defined in §50.1 of this chapter. The fee for a waiver of the passport requirement under this section is $25. [Dept. Reg. 108.541, 31 F.R. 13546, October 20, 1966, as amended at Dept. Reg. 108.666, 37 F.R. 11459, June 8, 1972] § 53.3 Attempt of a citizen to enter without a valid passport. The appropriate officer at the port of entry shall report to the Secretary of State for the purpose of invoking the waiver provisions of § 53.2(h), any citizen of the United States who attempts to enter the United States contrary to the provisions of this part. § 53.4 Optional use of a valid passport. Nothing in this part shall be construed to prevent a citizen from using a valid passport in a case in which that passport is not required by this Part 53, provided such travel is not otherwise prohibited. b. Presidential Proclamation 3004, January 17, 1953, 18 F.R. 489 CONTROL ON PERSONS LEAVING OR ENTERING THE UNITED STATES By the President of the United States of America Whereas section 215 of the Immigration and Nationality Act, enacted on June 27, 1952 (Public Law 414, 82nd Congress; 66 Stat. 163, 190)1 authorizes the President to impose restrictions and prohibitions in addition to those otherwise provided by that Act upon the departure of persons from, and their entry into, the United States when the United States is at war or during the existence of any national emergency proclaimed by the President or, as to aliens, whenever there exists a state of war between or among two or more States, and when the President shall find that the interests of the United States so require; and Whereas the national emergency the existence of which was proclaimed on December 16, 1950, by Proclamation 2914 still exists; and Whereas because of the exigencies of the international situation and of the national defense then existing Proclamation No. 2523 of November 14, 1941, imposed certain restrictions and prohibitions, in addition to those otherwise provided by law, upon the departure of persons from and their entry into the United States; and Whereas the exigencies of the international situation and of the national defense still require that certain restrictions and prohibitions, in addition to those otherwise provided by law, be imposed upon the departure of persons from and their entry into the United States: Now, therefore, I, Harry S. Truman, President of the United States of America, acting under and by virtue of the authority vested in me by section 215 of the Immigration and Nationality Act and by section 301 of title 3 of the United States Code, do hereby find and publicly proclaim that the interests of the United States require that restrictions and prohibitions, in addition to those otherwise provided by law, be imposed upon the departure of persons from and their entry into, the United States; and I hereby prescribe and make the following rules, regulations, and orders with respect thereto: (1) The departure and entry of citizens and nationals of the United States from and into the United States, including the Canal Zone, and all territory and waters, continental or insular, subject to the jurisdiction of the United States, shall be subject to the regulations prescribed by the Secretary of State and published as sections 53.1 to 53.9, inclusive, of title 22 of the Code of Federal Regulations. Such regulations are hereby incorporated into and made a part of this proclamation; and the Secretary of State is hereby authorized to revoke, modify, or amend such regulations as he may find the interests of the United States to require. |