Executive Order 5032—Amendment to Chapter XII of the "Instructions to Diplomatic Officers of the United States, March 8, 1927"

Chapter XII of the "Instructions to Diplomatic Officers of the United States, March 8, 1927", is hereby cancelled and the following substituted therefor:

CHAPTER XII

PASSPORTS AND VISAS

XII-1. Who may issue passports

Passports may be issued in the United States only by the Secretary of State and he may cause them to be granted, issued, and verified in foreign countries by diplomatic representatives of the United States and by such consuls general, consuls, or vice consuls when in charge, as may be designated by him, and in the insular possessions of the United States by the chief or other executive officer thereof. No other person shall grant, issue, or verify passports. (Act of July 3, 1926, 44 Stat. L. 887; E. 0., March 8, 1927.)

If any person acting or claiming to act in any office or capacity under the United States, its possessions, or any of the States of the United States, who shall not be lawfully authorized so to do, shall grant, issue, or verify any passport or ther instrument in the nature of a passport to or for any person whomsoever, or if any consular officer who shall be authorized to grant, issue, or verify passports shall knowingly and wilfully grant, issue or verify any such passport to or for any persons not owing allegiance, whether a citizen or not, to the United States, he shall be imprisoned for not more than one year or fined not more than five hundred dollars, or both; and may be charged, proceeded against, tried, convicted, and dealt with therefor in the district where he may be arrested or in custody. (R. S., sec. 4078, as amended by act of June 14, 1902, 32 Stat. L. 386; E. O. August 3, 1926; E. O., March 8, 1927.)

XII-2. By diplomatic officers

On and after October 1, 1926, only those embassies and legations and other diplomatic missions of the United States specifically authorized to do so by the Department of State will issue passports, except in the absence of a duly authorized consular officer. (E.O. August 3, 1926; E.O., March 8, 1927.) Such embassies, legations, and other missions are hereby authorized to follow the instructions set forth in Article X of the "Consular Regulations of the United States of America" pertaining to the issuance of passports.

XII-3. By consulates

No consular office will issue passports, except those specifically authorized to do so by the Department of State. Consular agencies are never so authorized. (E.O. December 19, 1925; E.O., March 8, 1927.)

XII-4. To whom issued

No passport shall be granted or issued to, or verified for, any persons other than those owing allegiance, whether citizens or not, to the United States. (R.S., sec. 1076, as amended by act of June 14, 1902, 32 Stat. L. 386; E.O. December 19, 1925; E.0., March 8, 1927.)

XII-5. Visas

Since consular officers are responsible under the law for the proper classification of aliens either as immigrants or as non-immigrants and for the issue or refusal of visas to them, all matters concerning visas, with the exception of diplomatic visas, fall within the competence of such officers, and applicants presenting passports for visa at an embassy or legation should be courteously referred to the appropriate consular office if not entitled to diplomatic status. (See XII-6 for exceptions).

XII-6. Diplomatic visas

Diplomatic visas will be granted by diplomatic missions only. If there is any doubt as to the diplomatic status of an applicant for such a visa, it should only be issued at the request of the foreign office if the alien is in his own country or of the mission of the country to which he owes allegiance if abroad.

Diplomatic visas will be granted only to holders of passports distinctly marked to indicate that they are diplomatic passports, or when the diplomatic status of the holder is clearly set forth in his passport. Persons traveling on official business for their governments bearing passports other than diplomatic may be granted visas under Section 3 (1) of the Immigration Act of 1924 (See paragraphs 38-40 of the Department's Circular instruction of September 30, 1925, Diplomatic Serial 273, General Instruction Consular 926, and Tariff of Consular Fees, Fee No. 9). Visas for persons of this class will be granted by a Consul General, Consul, or Vice Consul. However, if at any time it should become expedient to extend a special courtesy to a foreign official bearing a non-diplomatic passport, a visa may be granted under Section 3 (1) by the mission. Where a Consul General, Consul or Vice Consul is not stationed in the capital, visas for government officials may be issued by the mission.

In case a visa is granted by a mission under Section 3 (1), as provided for above, a report of such issuance shall be submitted on Form 258, revised May 1928, to the quota control officer of the quota to which the alien would have been charged if he had been a quota immigrant.

An applicant who presents a diplomatic passport for visa at a consulate general, consulate, or vice consulate will be courteously referred to the embassy or legation. Should there be no diplomatic mission in the country, the consulate general, consulate, or vice consulate to which a diplomatic passport is presented should issue a gratis visa under Section 3 (1) of the Immigration Act of 1924.

The general requirement that an applicant for a visa should appear in person may be waived in the discretion of the chief of mission. (E.O. March 8, 1927)

Weekly reports of the issuance of diplomatic visas shall be submitted to the Department by mail. Such reports should give the full name of the person to whom the visa was issued, the country of his birth, the number, date and issuing authority of the diplomatic passport carried by him, his official rank or office, the approximate date of arrival in the United States and the name of the vessel and port of entry.

CALVIN COOLIDGE

The White House,
January 18, 1929.