The Secretary of State may exercise authority, under 22 U.S.C. 211a, Executive Order 11295 (August 5, 1966), and 22 C.F.R. 51.63, to invalidate all U.S. passports for travel to a country or area if he determines that any of three conditions exist: the country is at war with the United States; armed hostilities are in progress in the country or area; or there is imminent danger to the public health or physical safety of U.S. travelers in the country or area. The regulations of the Department of State provide that an individualâs passport may be considered for validation for travel to, in, or through a country or area despite such restriction if the individualâs travel is determined to fall within one of several categories established by the regulations. 22 C.F.R. 51.64. Without the requisite validation, use of a U.S. passport for travel to, in, or through a restricted country or area may justify revocation of the passport for misuse under 22 C.F.R. 51.62(a)(2) and subject the traveler to felony prosecution under 18 U.S.C. § 1544 for misuse of a passport or other applicable laws.
The categories of persons specified in 22 C.F.R. 51.64(b) as being eligible for consideration for passport validation are as follows:
(a) An applicant who is a professional reporter and journalist whose trip is for the purpose of collecting and making available to the public information about the restricted country or area;
(b) An applicant who is a representative of the American Red Cross or the International Committee of the Red Cross on official mission to the restricted country or area;
(c) An applicant whose trip to the restricted country or area is justified by compelling humanitarian considerations; or
(d) An applicant whose trip to the restricted country or area is otherwise in the national interest.
The proposed information collection solicits data necessary for the Passport Services Directorate to determine whether an applicant is eligible to receive a special validation in his or her U.S. passport book permitting the applicant to make one round-trip to a restricted country or area.
Pursuant to 5 CFR § 1320.13, the Department of State requests OMB emergency approval to immediately begin collecting the following information from a certain category of U.S. nationals.
The approval of the proposed additional collection of information from certain U.S. nationals is warranted on an emergency basis. The Department of State has determined that the serious risk to United States nationals of arrest and long-term detention represents imminent danger to the physical safety of United States nationals traveling to and within the Democratic Peopleâs Republic of Korea (DPRK), within the meaning of 22 C.F.R. § 51.63(a)(3). As a result, pursuant to 22 U.S.C. § 211a and Executive Order 11295 (August 5, 1966), and in accordance with 22 C.F.R. §§ 51.63(a)(3) and 51.64, the Secretary of State has declared all United States passports invalid for travel to, in, or through the DPRK unless specially validated for such travel.
Submission and publication of this determination in the Federal Register is imminent, and the restrictions on use of a passport shall be effective 30 days after publication. After the effective date, if a U.S. national travels to the DPRK using his or her U.S. passport, the Department can revoke the U.S. passport for misuse under 22 C.F.R. § 51.62(a)(2). Further, he or she may be subject to felony prosecution under 18 U.S.C. § 1544 for misuse of a U.S. passport.
Pursuant to 22 C.F.R. § 51.64, the Department of State may issue a U.S. passport with a special validation for travel to the DPRK, if it determines that such travel is in the national interest of the United States. The Department may determine it is in the national interest if:
(1) The applicant is a professional reporter or journalist, the purpose of whose trip is to obtain, and make available to the public, information about the restricted area; or
(2) The applicant is a representative of the International Committee of the Red Cross (ICRC) or the American Red Cross traveling pursuant to an officially-sponsored Red Cross mission; or
(3) The applicant's trip is justified by compelling humanitarian considerations; or
(4) The applicant's request is otherwise in the national interest.
Because individuals in these categories already travel to the DPRK, and the Department may find they qualify for special validations permitting additional travel to the DPRK after the passport restriction is effective, there must be a mechanism in place for them to request approval from the Department immediately upon the effective date. This is critical, especially for journalists and those with compelling humanitarian considerations, who may have an urgent need for travel.
Individuals requesting approval to travel will need to provide, at a minimum, a written request along with a copy of a valid government issued photo identification with date of birth; current contact information; the reason for the travel, including the specific category into which the applicant feels their trip is in the national interest under 22 C.F.R. § 51.64 (reporter, ICRC, etc.); and any documentation that may support the basis for the applicantâs request. If the request is approved, the applicant may submit a passport application for a second passport (DS 82) (or DS-11, if applicable), which will be valid for one year and permit one round trip to the DPRK. The Department estimates that approximately 100 individuals may submit requests for approval per year. It should take, on average, approximately 45 minutes to obtain and submit the requested information.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
FINAL - Legal Authorities.docx
FINAL - Memo.pdf
Request for Approval to Travel to a Restricted Country or Area