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 individual’s passport may be considered
for validation for travel to, in, or through a country or area
despite such restriction if the individual’s 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 People’s 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
applicant’s 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