UNCLASSIFIED (U)

8 FAM 1306
Passport-Related Services for Protected Powers

8 FAM 1306.1

passport-related services for protected powers

(CT:CITZ-57;   06-07-2021)
(Office of Origin:  CA/PPT/S/A)

8 FAM 1306.1-1  Introduction

(CT:CITZ-1;   06-27-2018)

a. The United States performs the protecting power function for nationals of certain countries, including facilitating their citizenship documentation (further guidance is provided in 7 FAM 1000, “Protection of Foreign Interests and Third Country Protecting Power”).

b. At the present time, the United States facilitates such citizenship documentation for the Freely Associated States (FAS) pursuant to the Compact of Free Association that terminated the former Trust Territories of the Pacific Islands.  Those Freely Associated States include:

(1)  The Federated States of Micronesia (FSM);

(2)  The Republic of the Marshall Islands (RMI); and

(3)  The Republic of Palau (ROP).

c.  Unlike the Commonwealth of the Northern Mariana Islands (the fourth component of the former trust territories), denizens of the Freely Associated States have no “jus soli” claim to U.S. citizenship by virtue of their place of birth (see 8 FAM 302.6 regarding claims to U.S. citizenship by persons from the Commonwealth of the Northern Mariana Islands).  Persons born in the FSM, RMI and ROP are citizens of those independent countries, respectively.  (See also 8 FAM 302.6 regarding passport applicants born in Palau and the Marshall Islands.)

d. The Marshall Islands became the Republic of the Marshall Islands, a sovereign country in free association with the United States, on October 21, 1986.  The Federated States of Micronesia became a sovereign country in free association with the United States on November 4, 1986.  The Republic of Palau became a sovereign country in free association with the United States on October 1, 1994.

e. U.S. consular officers abroad are required by section 126 of the Compact of Free Association to facilitate passport documentation for FSM, RMI, or ROP citizens who do not have a valid FAS passport in a foreign country, with no consular or diplomatic representation.  U.S. consular officers do not issue passports to these individuals.

8 FAM 1306.1-2  APPLICATION FOR FAS PASSPORT ASSISTANCE

(CT:CITZ-1;   06-27-2018)

a. There is no formal application form for FSM, RMI, or ROP passports utilized by U.S. embassies and consulates abroad.

b. If a citizen of the FSM, RMI, or ROP appears before a U.S. consular officer in a third country where there is no FAS diplomatic or consular representation requesting assistance in communicating with one of the FAS governments to apply for an FSM, RMI, or ROP passport, the consular officer at the U.S. embassy or consulate should contact FASPostsConsular@state.gov, who will transmit the information to the appropriate authorities.

8 FAM 1306.1-3  COORDINATION BY U.S. EMBASSIES IN THE FREELY ASSOCIATED STATES WITH HOST COUNTRY PASSPORT ISSUING AUTHORITIES

(CT:CITZ-1;   06-27-2018)

Questions about applications for FAS passport services received by U.S. consular officers in third country where there is no FAS diplomatic or consular representation may be directed to the following email address for the respective U.S. embassy, which will transmit the information to the appropriate authorities:

(1)  U.S. Embassy Kolonia, Federated States of Micronesia-
koloniaACS@state.gov;

(2)  U.S. Embassy Majuro, Republic of the Marshall Islands-
Majconsular@state.gov; and

(3)  U.S. Embassy Koror, Republic of Palau-
usembassykoror@palaunet.com

8 FAM 1306.1-4  Emergency travel of fas citizens

(CT:CITZ-57;   06-07-2021)

a. U.S. embassies and consulates abroad do not have authority to issue emergency FAS passports to citizens of the FSM, RMI, or ROP.

b. In a critical emergency, such as a medical evacuation, the U.S. embassy or consulate may issue that individual a travel letter with a photograph attached (see 8 FAM 1304.3) if:

(1)  There is no FAS representation in a foreign country;

(2)  It is not possible for the FAS country in question to issue a passport expeditiously to its national; and

(3)  The appropriate authorities of the respective FAS country verify the citizenship and identity of the individual.

c.  This is no guarantee, however, as to whether an airline will board the individual or that the country of destination will permit the person to enter. 

d. The post should coordinate closely with the U.S. embassy in the FAS country, the U.S. embassy in the country of destination, and the Directorate of Overseas Citizens Services' (CA/OCS') Office of American Citizens Services.

8 FAM 1306.1-5  rights of fas citizens in the united states

(CT:CITZ-57;   06-07-2021)

a. Citizens of the FAS of FSM, RMI, and ROP (but not alien spouses or children) have unrestricted access to the United States to live, work, study, and assume "habitual residence" with no U.S. visa requirement without regard to paragraphs (5), (7(a)) and (7(b)) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)).

b. In accordance with section 141(a)(3) of the Compact of Free Association, the U.S. Immigration benefits of section 141(a) of the Compact shall apply to naturalized citizens of the FAS or FSM, RMI, and ROP who have been actual residents there for not less than five years after attaining such naturalization and who hold a certificate of actual residence.  Naturalized citizens of the FAS who lack the requisite five years actual residence must apply for a U.S. visa to enter the United States and must meet the requirements for any other alien, both for immigrant and non-immigrant purposes.  Individuals obtaining FSM, RMI, or ROP citizenship by naturalization through investment or purchase of that citizenship do not acquire the U.S. immigration benefits of the Compact.

c.  Questions about eligibility of citizens of the FSM, RMI or ROP to obtain U.S. Social Security Numbers or benefits should be addressed to CA/OCS's Management Support Unit (FedBen@state.gov) for referral to the Social Security Administration.

UNCLASSIFIED (U)