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.
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 DPRK Info Collection.docx
Request for Approval to Travel to a Restricted Country or Area