Executive Order 4359-A—Citizenship, Passports and Protection
Article X of the Consular Regulations, 1896, entitled "Citizens, Passports and Protection," is hereby canceled and the following substituted:
ARTICLE X—CITIZENSHIP, PROTECTION, PASSPORTS, AND REGISTRATION.
137. NATIVE CITIZENS.—All persons born in the United States and subject to the jurisdiction thereof are citizens of the United States. The circumstance of birth within the United States makes one a citizen thereof, even if his parents were at the time aliens, provided they were not, by reason of diplomatic character or otherwise, exempted from the jurisdiction of its laws. All Indians born within the territorial limits of the United States are citizens.—U. S. CONST. AMEND. XIV; R. S. SEC. 1992; ACT OF JUNE 2, 1924, 43 STAT. 263—PART 1.
All children born out of the limits and jurisdiction of the United States whose fathers were at the time of their birth citizens thereof are citizens of the United States; but the rights of citizenship do not descend to children whose fathers never resided in the United States. — R. S. SEC. 1993.
138. CITIZENSHIP BY NATURALIZATION.—Naturalization is a judicial act, and a certificate of naturalization, in regular form, will, in the absence of evidence of fraud in its procurement, be treated by consular officers as conclusive evidence of citizenship, except as herein otherwise provided.
139. ALIENS WHO MAY NOT BE NATURALIZED.—The existing laws providing for the naturalization of aliens as citizens of the United States apply "to aliens being free white persons, and to aliens of African nativity, and to persons of African descent."—R. S. 2169 AS AMENDED BY THE ACT OF FEBRUARY 18, 1875, 18 STAT. 318. The Supreme Court of the United States has decided that Japanese and Hindus are not free white persons and are not, therefore, capable of naturalization, TAKAO OZAWA VS. UNITED STATES, 260 U. S. 179; IN RE BHAGAT SINGH THIND, 261 U. S. 204. The naturalization of Chinese is specifically prohibited by statute.—SECTION 14, ACT OF MAY 6, 1882, 22 STAT. 58. The naturalization of persons belonging to the above classes is unauthorized and void and consular officers will disregard their certificates of naturalization and will report to the Department concerning their cases. The cases of persons other than Japanese, Chinese and Hindus, whose eligibility to naturalization appears to be doubtful under R. S. 2169 as amended by the Act of February 18, 1875, 18 STAT. 318, should be referred to the Department for decision. In this relation it may be observed that the Supreme Court of the United States has held that persons other than those belonging to the classes specified in R. S. 2169, as amended by the Act of February 18, 1875,18 STAT. 318, such as Japanese, Hindus and Chinese, who served in the armed forces of the United States during the recent World War, are not eligible to citizenship under the seventh subdivision of section 4 of the Act of June 29, 1906, 34 STAT. 601, as amended by the Act of May 9,1918,40 STAT. 542-547, or the Act of July 19, 1919, 41 STAT. 222.—IN RE HIDEMITSU TOYOTA VS. U. S., 45 SUPREME COURT REP. 563.
Persons who desert the military or naval service of the United States in time of war or who depart the jurisdiction of the United States to avoid any draft into military service are not admissible to citizenship.— R. S. 1996-1998, AS AMENDED BY THE ACT OF AUGUST 22, 1912, 37 STAT. 256, PART 1. A citizen of a country neutral in the recent World War, who, having declared his intention to become a citizen of the United States, withdrew such declaration in order to be relieved from service in the United States Army, is forever barred from becoming a citizen.— ACT OF MAY 18, 1917, 40 STAT. 76; AS AMENDED BY THE ACT OF AUGUST 31,1918, 40 STAT. 955.
140. NATURALIZATION AND CITIZENSHIP OF MARRIED WOMEN.—It is provided by an Act of Congress of September 22, 1922, 42 STAT. 1021:
1. That the right of any woman to become a naturalized citizen of the United States shall not be denied or abridged because of her sex or because she is a married woman.
2. That any woman who marries a citizen of the United States after the passage of the Act, or any woman whose husband is naturalized after the passage of the Act, shall not become a citizen of the United States by reason of such marriage or naturalization; but, if eligible to citizenship, she may be naturalized upon full and complete compliance with all requirements of the naturalization laws, with the following exceptions:
(a) No declaration of intention shall be required;
(b) In lieu of the five-year period of residence within the United States and the one-year period of residence within the State or Territory where the naturalization court is held, she shall have resided continuously in the United States, Hawaii, Alaska, or Porto Rico for at least one year immediately preceding the filing of the petition.
3. That a woman citizen of the United States shall not cease to be a citizen of the United States by reason of her marriage after the passage of the Act unless she makes a formal renunciation of her citizenship before a court having jurisdiction over naturalization of aliens:
PROVIDED, That any woman citizen who marries an alien ineligible to citizenship shall cease to be a citizen of the United States. If at the termination of the marital status she is a citizen of the United States, she shall retain her citizenship regardless of her residence. If during the continuance of the marital status she resides continuously for two years in a foreign State of which her husband is a citizen or subject, or for five years continuously outside the United States, she shall thereafter be subject to the same presumption as is a naturalized citizen of the United States under the second paragraph of section 2 of the act entitled "An act in reference to the expatriation of citizens and their protection abroad," approved March 2, 1907, 34 STAT. 1228. Nothing herein shall be construed to repeal or amend the provisions of Revised Statutes 1999 or of section 2 of the expatriation act of March 2, 1907, 34 STAT. 1228, with reference to expatriation.
4. That a woman who, before the passage of the act, had lost her United States citizenship by reason of her marriage to an alien eligible for citizenship may be naturalized as provided in section 2 thereof:
PROVIDED, That no certificate of arrival shall be required to be filed with her petition if during the continuance of the marital status she shall have resided within the United States. After her naturalization she shall have the same citizenship status as if her marriage had taken place after the passage of the act.
5. That no woman whose husband is not eligible to citizenship shall be naturalized during the continuance of the marital status.
6. That section 1994 of the Revised Statutes, which reads as follows:
Any woman who is now or may hereafter be married to a citizen of the United States, and who might herself be lawfully naturalized, shall be deemed a citizen
and section 4 of the Expatriation Act of March 2, 1907, 34 STAT. 1229, which reads as follows:
That any foreign woman who acquires American citizenship by marriage to an American shall be assumed to retain the same after the termination of the marital relation if she continue to reside in the United States, unless she makes formal renunciation thereof before a court having jurisdiction to naturalize aliens, or if she resides abroad she may retain her citizenship by registering as such before a United States consul within one year after the termination of such marital relation
are repealed. Such repeal shall not terminate citizenship acquired or retained under either of such sections, nor restore citizenship lost under the latter.
7. That section 3 of the Expatriation Act of March 2, 1907, 34 STAT. 1228, which reads as follows:
That any American woman who marries a foreigner shall take the nationality of her husband. At the termination of the marital relation she may resume her American citizenship, if abroad, by registering as an American citizen within one year with a consul of the United States, or by returning to reside in the United States, or, if residing in the United States at the termination of the marital relation, by continuing to reside therein
is repealed. Such repeal shall not restore citizenship lost nor terminate citizenship resumed under this section. A woman who has resumed under such section citizenship lost by marriage shall, upon the passage of this act, have for all purposes the same citizenship status as immediately preceding her marriage.
141. CHILDREN OF NATURALIZED CITIZENS.—The naturalization or resumption of American citizenship by the parent confers such citizenship upon the minor children born without the United States, which citizenship shall begin at the time such minor children begin to reside permanently in the United States.—ACT OF MARCH 2,1907, 24 STAT. 1229.
142. DECLARATION OF INTENTION.—The declaration of intention to become a citizen of the United States does not make one a citizen, and the certificate of a court that such declaration has been made is not evidence of citizenship.
143. WIDOW OR MINOR CHILD OF DECLARANT.—When any alien who has declared his intention to become a citizen of the United States dies before he is actually naturalized, his widow and minor children may, by complying with the other provisions of the naturalization laws, be admitted to citizenship without making the declaration of intention.— ACT OF JUNE 29, 1906, 24 STAT. 598.
144. EXPATRIATION.—It is provided by statute, Act of March 2, 1907, 24 STAT. 1228, that any American citizen shall be deemed to have expatriated himself when he has been naturalized in any foreign state in conformity with its laws, or when he has taken an oath of allegiance to any foreign state; but no American citizen shall be allowed to expatriate himself when the United States is at war. Also, under Section 3 of the Act of March 2, 1907, 24 STAT. 1228, any American women who married a foreigner before September 22, 1922, acquired thereby the nationality of her husband; but at the termination of the marital relation she might before September 22, 1922, have resumed her American citizenship, if abroad, by registering as an American citizen within one year with a consul of the United States, or by returning to reside in the United States, or, if residing in the United States at the termination of the marital relation, by continuing to reside therein. —ACT OF MARCH 2, 1907, 24 STAT. 1228; ACT OF SEPTEMBER 22, 1922, 42 STAT. 1021.
144 A. LOSS OF CITIZENSHIP THROUGH DESERTION OR EVASION OF MILITARY SERVICE.—Every citizen of the United States who is convicted by court martial or other court of competent jurisdiction of deserting the military or naval service of the United States, in time of war, or, being duly enrolled departs the jurisdiction of the district in which he is enrolled, or goes beyond the limits of the United States, with intent to avoid any draft into the military or naval service, shall be deemed to have voluntarily relinquished and forfeited his citizenship. All persons convicted of deserting the military or naval service of the United States between November 11, 1918 and July 2, 1921, were pardoned by proclamation of the President issued March 5, 1924, and were thereby restored to the citizenship status they enjoyed before their conviction.—R. S. 1996- 1998, AS AMENDED BY ACT OF AUGUST 22, 1912; 71 U. S. 333, 380; PROCLAMATION OF THE PRESIDENT MARCH 5,1924.
144 B. PRESUMPTION OF EXPATRIATION FROM RESIDENCE ABROAD OF NATURALISED CITIZENS.—When any naturalized citizen shall have resided for two years in .the foreign State from which he came, or for five years in any other foreign State, it shall be presumed that he has ceased to be an American citizen, and the place of his general abode shall be deemed his place of residence during said years:
PROVIDED, However, that such presumption may be overcome on the presentation of satisfactory evidence to a diplomatic or consular officer of the United States, under such rules and regulations as the Department of State may prescribe.
145. REPORTS OF FRAUDULENT NATURALIZATION. When any alien who has secured naturalization in the United States shall proceed abroad and take up his permanent residence in any foreign country within five years after the date of his naturalization, it shall be deemed prima facie evidence that he did not intend in good faith to become a citizen of the United States when he applied for naturalization, and in the absence of countervailing evidence it shall be sufficient in the proper proceedings to authorize the cancellation of his certificate of citizenship as fraudulent. Diplomatic and consular officers shall furnish the Department of Justice, through the Department of State, the names of those within their jurisdictions, respectively, who have such certificates and have taken up permanent residence abroad within five years after their naturalization, and such statements from diplomatic and consular officers shall be certified to by such officers under their official seal, and are under the law admissible in evidence in all courts to cancel certificates of naturalization.—ACT OF JUNE 29, 1906, 34 STAT. 601.
146. PROTECTION ABROAD OF NATURALIZED CITIZENS.—All naturalized citizens of the United States while in foreign countries are entitled to and shall receive the same protection of person and property which is accorded to native-born citizens.—R. S. SEC. 2000.
146 A. PROTECTION OF CHILDREN BORN ABROAD OF AMERICAN FATHERS. All children born outside the limits of the United States who are citizens thereof in accordance with the provisions of section 1993 of the Revised Statutes of the United States, and who continue to reside outside of the United States, shall, in order to receive the protection of this Government, be required upon reaching the age of 18 years to record at an American consulate their intention to become residents and remain citizens of the United States, and shall be further required to take the oath of allegiance to the United States upon attaining their majority.— ACT OF MARCH 2, 1907, 34 STAT. 1228.
146 B. CONSULS TO FILE EVIDENCE. Diplomatic and consular officers are required to file with the Department of State duplicates of any evidence, registration, or other acts, taken before them in conservation or resumption of citizenship and the right to protection.—ACT OF MARCH 2, 1907, 34 STAT. 1228.
147. CIRCUMSTANCES UNDER WHICH PROTECTION IS WITHHELD.—Ordinarily, citizens of the United States, whether native or naturalized, subject to the provisions of the foregoing paragraphs, are entitled to the protection and intervention of diplomatic and consular officers in proper cases. The right of a citizen, however, to claim protection is founded upon the correlative right of this Government to claim his allegiance and support. Where a citizen, therefore, has resided abroad for a long period of time under such circumstances as to warrant the inference that he has practically abandoned his country, consuls may withhold their intervention pending the instructions of the diplomatic mission or of the Department of State. Anyone who has expatriated himself or who, under the provisions of a treaty of naturalization or statute, ACT OF MARCH 2, 1907, 34 STAT. 1228, is presumed to have renounced his naturalization or to have ceased to be an American citizen, is not entitled to intervention on the part of any diplomatic or consular officer of the United States.
148. INTERVENTION.—When a consul is satisfied that an applicant for protection as an American citizen has a right to intervention, he should interest himself in the applicant's behalf, examining carefully into his grievances. If the consul finds that the complaints are well founded, he should interpose firmly, but with courtesy and moderation, with the local authorities in the applicant's behalf, and report the case to the diplomatic mission for its further action, if any be required.
149. DUTIES TOWARD AMERICAN CITIZENS.—The powers and duties of consular officers in regard to their fellow citizens depend in a great measure upon the municipal law of the United States. No civil or criminal jurisdiction can be exercised by them over their countrymen without express authority of law or by treaty stipulation with the State in which they reside. They are particularly cautioned not to enter into any contentions that can be avoided, either with their countrymen or with the subjects or authorities of the country. They should use every endeavor to settle in an amicable manner all disputes in which their countrymen may be concerned, but they should take no part in litigation between citizens. They should countenance and protect them before the authorities of the country in all cases in which they may be injured or oppressed, but their efforts should not be extended to those who have been willfully guilty of an infraction of the local laws, it being incumbent upon citizens of the United States to observe the reasonable laws of the country where they may be. It is their duty to endeavor on all occasions to maintain and promote all the rightful interests of citizens, and to protect them in all privileges that are provided for by treaty or are conceded by usage. If representations are made to the local authorities and fail to secure the proper redress, the case should be reported to the consul general, if there be one, or to the diplomatic representative, if there be no consul general, and to the Department of State.
150. WHO MAY ISSUE.—Passports may be issued in the United States only by the Secretary of State, and he may cause them to be issued, granted, and verified in foreign countries by diplomatic and consular officers of the United States and in the insular possessions of the United States by the chief or other executive officer thereof. Passports are issued under such rules as the President shall designate and prescribe.— R. S. SEC. 4075 AS AMENDED BY ACT OF JUNE 14, 1902, 32 STAT.
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 other 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 willfully grant, issue, or verify any such passport to or for any person 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. 386.
151. BY DIPLOMATIC OFFICERS.—Where a legation of the United States is established in any country, no person other than the diplomatic representative of the United States at such place shall be permitted to grant or issue any passport except in the absence therefrom of such representative.—R. S. SEC. 4075 AS AMENDED BY ACT OF JUNE 14,1902,32 STAT. 386.
152. 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.
153. 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. 4076 AS AMENDED BY ACT OF JUNE 14, 1902, 32 STAT. 386.
154. WHEN PASSPORTS MAY BE ISSUED BY DIPLOMATIC OR CONSULAR OFFICERS.—Passports should not be issued by diplomatic or consular officers if the applicant has time to apply to the Department of State and await its reply. Where inconvenience or hardship would result to a person entitled to receive a passport unless he received it at once, a diplomatic officer, or a consular officer who shall have received authority to do so from the Secretary of State, may issue to such person an emergency passport.
155. APPLICATIONS.—All persons who assert a right to receive passports and who desire to secure them while abroad may make application therefor to the Department of State through a consular officer or, in the absence of such, through a diplomatic officer. Each application should contain all the information required by law or regulation and each applicant must take the oath of allegiance. Whenever an application for a passport is made to the Department of State through a diplomatic or consular officer he shall transmit the original of the application and, where required, the proof of the right to receive a passport to the Department.
156. IDENTITY.—The identity of an applicant for a passport should always be established when the application is taken. In the absence of an American citizen as identifying witness a reputable alien may be accepted. Where personal identification can not be reasonably required conclusive documentary evidence may be accepted. A passport issued by the Secretary of State on or after January 3, 1918, to which is attached the photograph and signature of the person to whom the passport was originally issued, will be accepted as prima facie evidence of identity. The passport must be surrendered for cancellation.
157. APPLICATIONS OF NATIVE CITIZENS.—Native citizens who apply for passports must submit with their applications birth or baptismal certificates or affidavits of persons who have sufficient knowledge to be able to testify as to the place and date of their births.
158. APPLICATIONS OF NATURALISED CITIZENS, AND PERSONS CLAIMING CITIZENSHIP THROUGH NATURALIZATION OF HUSBAND OR PARENT.—Naturalized citizens or persons claiming citizenship through the naturalization of a husband or parent must exhibit their certificates of naturalization or those of their husbands or parents through whom citizenship is claimed, or, if the certificates were issued prior to September 27, 1907, duly certified copies of the court records thereof. Further evidence of the applicant's citizenship may be required, if deemed necessary. If any such person is unable to submit such documentary evidence of his naturalization, the Department should be informed of the name of the court in which he alleges that he obtained naturalization and the date thereof, so that the Department may take steps to verify his allegation. In taking the applications of naturalized citizens, or of those claiming citizenship through relationship to a naturalized citizen, consular officers will be careful to investigate each case in order to ascertain whether or not the statutory presumption of expatriation may not have arisen against the applicant through the length of his residence abroad.
159. APPLICATIONS OF PERSONS WHO OWE ALLEGIANCE TO THE UNITED STATES OTHER THAN CITIZENS THEREOF.—A loyal citizen or inhabitant of an insular possession of the United States or of the Canal Zone, in addition to the information required in the case of a citizen of the United States, must state that he owes allegiance to the United States and does not acknowledge allegiance to any other Government. He must also submit an affidavit from at least two credible witnesses in substantiation of his statement of birth, residence and loyalty.
160. EXPIRATION OF PASSPORTS.—The validity of a passport is limited by statute to two years, unless the Secretary of State shall by regulation limit it to a shorter period.—ACT OF JUNE 4, 1920, 41 STAT. 751.
161. LOSS OR DESTRUCTION OF PASSPORT OR CERTIFICATE OF NATURALIZATION. —Consular officers will take every opportunity to impress upon American citizens that the loss or destruction of a passport or certificate of naturalization is a serious matter which must be immediately reported to the nearest American consular officer and a thorough explanation given.
162. OLD PASSPORTS IN LIEU OF DOCUMENTARY EVIDENCE OF CITIZENSHIP.— An American citizen who is abroad and who holds a passport which has expired, or is about to expire, may apply through a diplomatic or consular officer for a new passport.
In the case of a naturalized citizen, the old passport will be accepted as prima facie evidence that the citizenship of the applicant was properly proved when the old passport was granted, and the applicant need not be required to produce again the certificate of naturalization through which he acquired his citizenship. However, if there is any doubt surrounding the case, the applicant should be required to produce the same evidence that would be required of him if he were making his first application for a passport.
In the case of a native citizen, a passport issued on or after January 3, 1918, will be accepted as prima facie evidence of American birth and the usual documentary evidence need not be required.
In all cases where a search of previous records fails to show the presentation by an applicant of the appropriate documentary evidence, the Secretary of State may require such evidence.
163. OATH.—Consular officers are authorized to administer the required oath in an application for a passport. They must sign the jurat in their official capacity and affix the seal of the consulate thereto.
164. FORM AND NUMBER.—Passports issued by a mission or consulate should be according to Form No. 9, and should be numbered, commencing with 1 and continuing consecutively until a new principal officer takes charge, when a new series will be commenced. Professional titles will not be inserted in passports, but an applicant's name in religion, an author's nom de plume, a stage name, etc., may be included in parentheses after the bearer's name.
165. WIFE AND MINOR CHILDREN.—When the applicant for a passport is accompanied by his wife and minor children one passport will suffice for all if the facts concerning such persons are clearly stated in the application, and their names and relationship to the applicant are given in the passport.
A woman's passport may include her minor children under the above-named conditions.
A minor brother or sister may be included in an older brother's or sister's passport, if it is shown that the person to whom the passport is to be issued will be the natural guardian during the trip covered by the passport and that neither parent will accompany the children.
A minor grandchild, niece, or nephew may be included in a relative's passport when the application is accompanied by a request therefor by the parent or guardian.
A person who does not owe allegiance to the United States may not be included in a passport issued to a person owing allegiance thereto, nor shall a person against whom the presumption of cessation of citizenship has arisen or will shortly arise, be included therein, except upon the express authorization of the Department of State.
166. SIGNATURE BY HOLDER AND SURRENDER OF OTHER DOCUMENTS.—Whenever a passport is delivered, the consul will see that the same is signed by the person to whom it is issued before it is delivered. In sending a passport by mail the person to whom it is issued should be instructed to sign it upon receipt; the necessity for this should be emphasized. It is not proper for a person to be in possession of two valid documents of identity and nationality at the same time; therefore, before a passport is delivered the person to whom it is issued should surrender for cancellation previous passports, certificates of registration, citizen seamen's identity cards, certificates of identification for seamen, etc. Cancelled passports may be retained as souvenirs by the persons to whom issued. If a passport is to be delivered by mail, the surrender of such documents as are known to be in the possession of the person to whom the passport is to be delivered should be required before delivery of the passport.
167. FEES.—A fee of $1 must be collected for executing every application for a passport, and a fee of $9 must be collected for every passport issued, with the following exceptions:
No fee shall be collected for passports issued to officers or employees of the United States proceeding abroad in the discharge of their official duties or to members of their immediate families, or to seamen, or to widows, children, parents, brothers, and sisters of American soldiers, sailors or marines buried abroad, whose journey is undertaken for the purpose and with the intent of visiting the graves of such soldiers, sailors, or marines, which facts shall be made a part of the application for the passport.—ACT OF JUNE 4, 1920, 41 STAT. 750.
VERIFICATION, EXTENSION, AND AMENDMENT
168. VERIFICATION, EXTENSION, AND AMENDMENT.—The Secretary of State is authorized to prescribe regulations governing the verification, extension, and amendment, of American passports by diplomatic and consular officers of the United States.—R. S. 4075 AS AMENDED BY THE ACT OF JUNE 14, 1902, 32 STAT. 386.
169. VERIFICATION GOOD ONLY IN COUNTRY WHERE OFFICER IS LOCATED.—The verification of a passport by a consular officer is designed to give it authenticity and ready acceptance in the country only in which he is located. The holder of a passport wishing to establish its genuineness and validity in any other locality should apply to a consul of the United States having recognized official character in that locality.
DEPOSIT OF PASSPORTS
170. CERTIFICATES OF DEPOSIT OF PASSPORTS.—Certificates in the nature of passports and to be used as such are forbidden.
In countries where the local laws or regulations require the deposit of a passport during the temporary sojourn of a traveler, a consular certificate setting forth the facts as appearing from the passport may be granted; but only to comply with the requirements of the local law or regulation. Such certificate should be according to the form prescribed by the law of the country, and the consul will transmit a copy of it to the Department of State.
PASSPORTS AND TRAVEL CERTIFICATES IN CHINA
171. PASSPORT APPLICATIONS IN CHINA.—In China applications for passports should be in the form prescribed in this article, but an applicant should give his full Christian name and surname in both the English and the Chinese languages. Where the application cannot be sworn to before a consul, and no notary or other officer authorized to administer oaths is accessible to the applicant, he may transmit the application accompanied by a certificate signed by himself and two witnesses.
172. CHINESE TRAVEL CERTIFICATES. In China consuls may issue travel certificates to persons who possess passports as citizens of the United States or whose registration has been approved by the Department or who have been given emergency registrations, and are about to make a journey into the interior of China, when such certificates are required by the local authorities, such certificates to be good for one year from their date. If a passport or registration in such case is revoked, it becomes the duty of the consul who issued the certificate to notify the person to whom it was issued and the proper Chinese authorities that the travel certificate is no longer valid.
173. REGISTRATION OF AMERICAN CITIZENS.—The general principles which govern applications for passports also govern applications for registration.
Principal consular officers shall keep at their offices a register of all American citizens residing in their several districts, and will therefore make it known that such a register is kept and invite all resident Americans to cause their names to be entered therein. Except in cases of emergency no person shall be given a certificate of registration until his application for registration has been approved by the Department. The forms of application for registration will be prescribed by the Secretary of State.
Consuls may issue, upon forms prescribed by the Department, certificates of registration for use with the authorities of the place where the persons registered are residing. When a certificate expires a new one may be issued, the old one being surrendered and destroyed. Persons who hold passports which have not expired shall not be furnished with certificates of registration, and it is strictly forbidden to furnish them to be used for traveling in the place of passports, except in cases of extraordinary emergency when the Department of State shall expressly authorize their use for this purpose.
Returns of all registrations and of all certificates of registration issued shall be made at intervals and under regulations to be prescribed by the Secretary of State.
The Secretary of State is authorized to make regulations concerning registration additional to these rules and not inconsistent with them.
No fee shall be required for registration nor for any service connected therewith, except for the issuance of a certificate of registration, for which a fee of $1 shall be required.
174. PROTECTION OF FOREIGN SUBJECTS IN CERTAIN CASES.—Requests have occasionally been made upon the Government of the United States to permit its diplomatic and consular officers to extend their protection to citizens or subjects of a foreign government who may desire it and who may be sojourning at places where there are no diplomatic or consular representatives of that government. This Government has from time to time, upon the request of friendly powers, given to its diplomatic and consular officers authority to take upon themselves, with the consent of the government within whose jurisdiction they reside, the function of representing those powers at places where the latter had no such officers. It has understood this authority to be restricted simply to the granting of the services and good offices of our representatives, with their own consent, to meet what has ordinarily been a fortuitous and temporary exigency of the friendly government. When this function is accepted—which must be done only with the approval of the Department of State—the diplomatic or consular officer becomes the agent of the foreign government as to the duties he may perform for its citizens or subjects. He becomes responsible to it for his discharge of those duties, and that government alone is responsible for his acts in relation thereto. He does not, however, for this purpose, become a diplomatic or consular officer of the foreign government.
THE WHITE HOUSE, December 19, 1925.
Calvin Coolidge, Executive Order 4359-A—Citizenship, Passports and Protection Online by Gerhard Peters and John T. Woolley, The American Presidency Project https://www.presidency.ucsb.edu/node/328750