Lapas attēli
PDF
ePub

CONTROL OF AMERICAN CITIZENS AND NATIONALS ENTERING AND LEAVING THE UNITED STATES

Laws, proclamations, and regulations as of October 26, 1943

AN ACT TO PREVENT IN TIME OF WAR DEPARTURE FROM AND ENTRY INTO THE UNITED STATES CONTRARY TO THE PUBLIC SAFETY

Act approved May 22, 1918, as amended, incorporated at page 75

PRESIDENT'S PROCLAMATION NO. 2523 OF NOVEMBER 14, 1941

Incorporated at page 269

PART 58-CONTROL OF PERSONS ENTERING AND LEAVING THE UNITED STATES PURSUANT TO THE ACT OF MAY 22, 1918, AS AMENDED

Code of Federal Regulations of the United States of America, Title 22Foreign Relations

[blocks in formation]

AUTHORITY: 88 58.1 to 58.11, inclusive, issued under sec. 1 of Proc. 2523, Nov. 14, 1941, 6 F. R. 5821, and 40 Stat. 559, 55 Stat. 252; 22 U. S. C. 223, 22 U. S. C., Sup., 229.

58.1 Limitations upon travel prior to January 15, 1942. No citizen of the United States or person who owes allegiance to the United States shall, prior to 6 o'clock in the forenoon of January 15, 1942, be required to bear a valid passport in order to depart from or enter into the continental United States, the Canal Zone, the Commonwealth of the Philippines, and all territories, continental or insular, subject to the jurisdiction of the United States, except that, effective immediately, no such person shall depart from or attempt to depart from any such territory for any foreign country or territory in the Eastern Hemisphere, or any foreign

1305

country or territory in the Western Hemisphere under the jurisdiction of Great Britain in which the United States maintains defense bases or in which such bases are being constructed by or under contract with the Government of the United States, unless he bears a valid passport for such travel issued by or under authority of the Secretary of State or is otherwise authorized by the Secretary of State to depart from any territory subject to the jurisdiction of the United States for any foreign territory mentioned in this section.

58.2 Limitations upon travel after January 15, 1942. After 6 o'clock in the forenoon of January 15, 1942, no citizen of the United States or person who owes allegiance to the United States shall depart from or enter into or attempt to depart from or enter into the continental United States, the Canal Zone, the Commonwealth of the Philippines, and all territories, continental or insular, subject to the jurisdiction of the United States, unless he bears a valid passport which has been issued by or under authority of the Secretary of State and which, in the case of a person entering or attempting to enter any such territory, has been verified by an American diplomatic or consular officer either in the foreign country from which he started his journey, or in the foreign country in which he was last present if such country is not the one from which he started his journey, or unless he comes within one of the exceptions prescribed in §§ 58.3-58.4. No fee shall be collected by a diplomatic or consular officer of the United States for or in connection with such verification.

58.3 Exceptions to regulations in §§ 58.1-58.2. No valid passport shall be required of a citizen of the United States or a person who owes allegiance to the United States:

(a) When traveling between the continental United States and the Territory of Hawaii, Puerto Rico, and the Virgin Islands, or between any such places; or

(b) When traveling between points in the continental United States and points in Canada: Provided, That this exception shall not be applicable to any such person when traveling to or arriving from a place outside the continental United States via Canada for which a valid passport is required under the regulations in this part; or

(c) When traveling between points in the continental United States and points in Mexico: Provided, That this exception shall not be applicable to any such person when traveling to or arriving from a place outside the contínental United States via Mexico for which a valid passport is required under the regulations in this part; or

1

(d) When traveling between points in the Virgin Islands of

'As restored effective October 5, 1943 (8 F. R. 13553, October 6, 1943). § 58.3 (d) originally read as follows: "(d) When traveling between the continental United States or Puerto Rico or the Virgin Islands and islands adjacent to Canada or the United States or the islands of the West Indies, including the Bahamas, except any such island as is subject to the jurisdiction

the United States and points in the British Virgin Islands: Provided, That this exception shall not be applicable to any such person who is not a resident of the Virgin Islands of the United States or the British Virgin Islands or who is traveling to or arriving from a place outside the Virgin Islands of the United States via the British Virgin Islands for which a valid passport is required under these rules and regulations; or

(e) When departing from or entering into the United States as an officer or member of the enlisted personnel of the United States Army or the United States Navy on a vessel operated by the United States Army or the United States Navy; or

(f) When traveling as a member of the armed forces of the United States or a civil employee of the War or Navy Departments between the continental United States, the Canal Zone, the Commonwealth of the Philippines, and all territories, continental or insular, subject to the jurisdiction of the United States, and any foreign country or territory for which a valid passport is required under the regulations in this part: Provided, That he is in possession of a document of identification issued for such purposes by the War or Navy Departments.

(g) When specifically authorized by the Secretary of State, through the appropriate official channels, to depart from or enter into the continental United States, the Canal Zone, the Common wealth of the Philippines, and all territories, continental or insular, subject to the jurisdiction of the United States.

(h) *

58.3a Exceptions to § 58.2 concerning verification of passports. No verification of passport shall be required of a citizen of the United States, or a person who owes allegiance to the United States:

of a non-American country other than Great Britain and any such island subject to the jurisdiction of Great Britain in which the United States maintains a defense base or in which such a base is being constructed by or under contract with the Government of the United States: Provided, That this exception shall not be applicable to any such person going from the continental United States or Puerto Rico or the Virgin Islands to any foreign territory other than Canada or Mexico via any of the islands mentioned in this section or returning to the United States or Puerto Rico or the Virgin Islands via any such islands from foreign territory other than Canada or Mexico (6 I. R. 6069, November 28, 1941)." § 58.3 (d) was canceled November 18, 1942 (7 F. R. 9671, November 24, 1942).

Canceled November 25, 1942 (7 F. R. 9859, November 28, 1942) effective after 6 A. M. December 1, 1942. As added December 9, 1941 (6 F. R. 6349, December 11, 1941), § 58.3 (h) read as follows: "(h) When traveling as an officer or employee of the Panama Canal or of the Panama Railroad Company between the Continental United States and the Canal Zone, provided that he is in possession of a document of identification issued for such purpose by the Chief of Office, The Panama Canal, Washington, D. C., or the Governor of the Panama Canal, Balboa Heights, Canal Zone."

'As amended effective May 15, 1942 (7 F. R. 3708, May 19, 1942). 58.3a was added March 20, 1942 (7 F. R. 2214, March 24, 1942) and originally read as follows: "58.3a Exception to § 58.2 concerning verification of passports. No verification of the passport of a citizen of the United States,

(a) When returning to the United States from a foreign country where he had gone in pursuance of the provisions of a contract with the War or Navy Departments on a matter vital to the war effort if he is in possession of evidence of having been so engaged and has a valid passport; or

(b) When returning to the United States from a foreign country as a member of the flying staff, operating personnel, or crew on board an arriving aircraft which is under lease to or contract with the Government of the United States or on board an American aircraft which is engaged in commercial air-transport service for the carriage of goods, passengers, or mail between the territory of the United States and a foreign country.

58.4 Seamen. (a) Seamen who are citizens of the United States or who, although not citizens, are nationals owing allegiance to the United States are included within the provisions of the regulations in this part, except that a seaman when traveling as such is exempted from the necessity of complying with that portion of § 58.2 which relates to the verification of a passport by an American diplomatic or consular officer before entering or attempting to enter any territory of the United States mentioned in that section for which a valid passport is required.

(b) Prior to 6 o'clock in the forenoon of July 1, 1942, no seaman shall be required to bear a passport when traveling in the pursuit of his vocation between the continental United States, the Canal Zone and all territories, continental or insular, subject to the jurisdiction of the United States, and any foreign country or territory for which a valid passport is required under these rules and regulations: Provided, That he is in possession of a continuous discharge book, a certificate of identification, or a license or other document qualifying him to serve as an officer or seaman on vessel of the United States, issued pursuant to the law of the United States.

(c). The term "seaman" shall, for the purpose of the regulations in this part, include, in addition to the persons ordinarily described by that term, all owners, masters, officers, and members of crews and other persons employed or engaged on vessels in any capacity.

or a person who owes allegiance to the United States, shall be required for entry into the continental United States, the Canal Zone, the Commonwealth of the Philippines, or territories continental or insular subject to the jurisdiction of the United States:

"(1) When returning from a foreign country where he had gone in pursuance of the provisions of a contract with the War or Navy Departments on a matter vital to the war effort and when in possession of a valid passport and of evidence of having been so engaged. (40 Stat. 559, 55 Stat, 252; Proc. 2523, 6 F. R. 5821.)"

'As amended effective April 2, 1942 (7 F. R. 2590, April 4, 1942). Originally § 58.4 (b) read as follows: "(b) Prior to 6 o'clock in the forenoon of February 15, 1942, no seaman shall be required to bear a passport in order to enter any territory of the United States mentioned in Sec. 58.2." (6 F. R. 6069, November 28, 1941.)

58.5 Persons considered as bearing passports. Every citizen of the United States, or person who owes allegiance to the United States, who is included in a valid passport issued by or under authority of the Secretary of State shall for the purpose of the rules and regulations in this part be considered as bearing a separate valid passport if such passport is presented to the appropriate official at the time he departs from or enters into or attempts to depart from or enter into any territory of the United States mentioned in § 58.2.

58.6 Restrictions upon travel on vessels of belligerent states. Nothing in the regulations in this part shall be construed to authorize the travel of a citizen of the United States, or a person who owes allegiance to the United States, on any vessel of any state named in any proclamation issued by the President under authority of section 1 (a) of the joint resolution of Congress approved November 4, 1939, on or over the North Atlantic Ocean north of 35° north latitude and east of 66° west longitude, or on or over other waters adjacent to Europe, or over the continent of Europe or adjacent islands, unless, when required under the authority of such joint resolution, he first obtains the specific authorization for such travel from the Department of State or an American diplomatic or consular officer abroad.

58.7 Prevention of departure from or entry into the United States. (a) Nothing in these rules and regulations shall be construed as prohibiting the Secretary of State or his representative at a port in the United States from preventing the departure from or entry into the United States, including the Canal Zone and all territories, continental or insular, subject to the jurisdiction of the United States, of a citizen of the United States or a person who owes allegiance to the United States unless he bears a passport, card of identification or other document of identity issued by or under authority of the Secretary of State, notwithstanding the fact that he may be destined for or arriving from a place outside any such territory of the United States for which a valid passport is not required under these rules and regulations.

(b) Nor shall anything in these rules and regulations be construed as prohibiting the Secretary of State or his representative

'As amended effective October 23, 1943 (8 F. R. 14425, October 26, 1943). Prior thereto § 58.7 read as follows: "58.7 Prevention of departure or entry prejudicial to the interests of the United States. Nothing in the regulations in this part shall be construed as prohibiting the Secretary of State or his representatives from preventing temporarily the departure from or entry into the United States, including the Canal Zone, the Commonwealth of the Philippines, and all territories, continental or insular, subject to the jurisdiction of the United States, of a citizen of the United States or a person who owes allegiance to the United States if the Secretary of State or his representative considers such departure or entry prejudicial to the interests of the United States, notwithstanding the fact that such person may bear a valid passport or be destined for or arriving from a place outside any such territory of the United States for which a valid passport is not required under regulations in this part." (6 F. R. 6069.)

« iepriekšējāTurpināt »