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5. Department of State telegram to all diplomatic and consular posts concerning denial or limitation of passports in law enforcement and mental illness cases (June 11, 2002)


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P 110131z Jun 02
Fm Secstate Wwashdc
To all diplomatic and consular posts priority
Special embassy program
Amembassy Dushanbe
Amembassy Kabul
Amembassy Khartoum

Unclas State 112280

Subject: Denial or limitation of passports

1. Summary: Department has recently become aware of several
instances which indicate that there are misunderstandings
regarding posts' responsibilities and authority in law
enforcement and mental illness class hits. This cable
reviews the basis for denying or limiting passports for
law enforcement purposes (b/l) and mental illness (m/l).

2. Law enforcement - Passport regulations (22 CFR 51.70)
provide for the denial or revocation of a passport in any
case where the secretary determines or is informed by
competent authority that the applicant is the subject of
an outstanding federal warrant of arrest for a felony.
The regulations also provide for denial of a passport if
the applicant is the subject of a criminal court order,
condition of probation or condition of parole. When the
Department receives such a request from the appropriate
U.S. law enforcement authorities, the name is entered
into passport class.

3. All post inquiries regarding law enforcement (b/l) class
hits and passport revocations must be referred to the
Department, office of passport services . . . . Indirect
referrals can result in delays in restrictive action or
in the entry or removal of law enforcement lookouts.
Urgent cases may be directed via e-mail to . . . .

4. Posts do not have authority to deny or limit a passport,
unless for citizenship or identity reasons, solely on the
basis of suspicions or allegations of illegal foreign or
domestic activities. If a post is concerned about an
individual, believing a law enforcement passport
restriction is warranted even though there is no class
hit, conoffs should contact ca/ppt/pas, as well as the
RSO, for guidance.

5. Posts do not have the authority to override a b/l class
hit, even if issuing a limited passport, without guidance
from the department.

6. Law enforcement agencies wishing to be notified of an
individual's future passport application as well as
questions regarding passport revocation, should also be
referred to the department, ca/ppt/pas.

7. Mental conditions - in instances where post is contacted
regarding passport denial to an individual who may be
suffering from a mental illness, the caller also should
be referred to the department. Denial of passport
sservices for mental illness is specifically provided for
In 22 CFR 51.70(a)(3) and limits denial of passport
services to individuals who are the subject of a court
order committing him or her to a mental institution.
Further general or case-specific guidance may be obtained
from the department.

8. Mental illness cases as described above should not be
confused with the medical assistance cases on which posts
routinely work (7 fam 360). In the cases described para 7
above, a court has determined that the individual is not
competent to handle his/her own affairs and has appointed
a guardian. The guardian has requested the passport
restriction based on the court order.

9. As with b/l cases, posts are not authorized to override
M/l hits until specific instructions have been received
from the department.

10. Posts' assistance is appreciated.

11. Minimize considered.
POWELL



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