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ბიუროს ნომერი 203
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4.11.2011
EN
Official Journal of the European Union
L 287/9
DECISION No 1105/2011/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 25 October 2011
on the list of travel documents which entitle the holder to cross the external borders and which
may be endorsed with a visa and on setting up a mechanism for establishing this list
it allows consular staff to verify whether Member States
recognise a given travel document for the purpose of
affixing a visa sticker.
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European
Union, and in particular Article 77(2) thereof,
(4)
Under point (c) of Article 48(1) of Regulation (EC) No
810/2009 of the European Parliament and of the Council
of 13 July 2009 establishing a Community Code on
Visas (Visa Code) (6) an exhaustive list of travel
documents issued by the host country should be drawn
up within local Schengen cooperation.
(5)
A mechanism should be established to ensure that the
list of travel documents is constantly updated.
(6)
Considering the relevance of the security of the travel
documents with regard to their possible recognition,
the Commission, assisted by experts of the Member
States, should provide a technical assessment, where
appropriate.
(7)
Member States are and should remain competent for the
recognition of travel documents for the purpose of
allowing the holder to cross the external borders and
affixing a visa sticker.
(8)
Member States should notify their position in relation to
all travel documents and endeavour to harmonise their
positions on the different types of travel documents.
Since a Member State's failure to notify its position
with regard to a travel document may cause problems
to holders of that travel document, a mechanism should
be established to place an obligation on Member States
to state their position on the recognition and non-recog
nition of such documents. That mechanism should not
preclude Member States from notifying a change in their
position at any given moment.
(9)
An online database containing specimens of all travel
documents should be established in the long term to
facilitate the examination of a given travel document
by border control authorities and consular staff. That
database should be kept up to date in line with any
changes to previously indicated recognition or nonrecognition of a given travel document by Member
States.
(10)
For information purposes, the Commission should draw
up a non-exhaustive list of known fantasy and
camouflage passports brought to its attention by the
Member States. The fantasy and camouflage passports
which are on the list should not be subject to recognition
or non-recognition. They should not entitle their holders
to cross the external borders and should not be endorsed
with a visa.
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national
parliaments,
Acting in accordance with the ordinary legislative procedure (1),
Whereas:
(1)
(2)
(3)
On the basis of Article 17(3)(a) of the Convention imple
menting the Schengen Agreement of 14 June 1985 (2),
Decisions SCH/Com-ex (98)56 (3) and SCH/Com-ex
(99)14 (4) established the Manual of travel documents
entitling the holder to cross the external borders and
which may be endorsed with a visa. Those Decisions
should be adapted to the institutional and legal
framework of the Union.
The list of travel documents issued by third countries
should be monitored systematically to ensure that
Member States' authorities dealing with the processing
of visa applications and with border controls have
accurate information at their disposal about the travel
documents presented by third-country nationals.
Exchanges of information between Member States on
the travel documents issued and on Member States'
recognition of those travel documents, and making the
entire compilation available to the public, should be
modernised and made more efficient.
The purpose of the list of travel documents is twofold:
on the one hand, it allows border control authorities to
verify whether a given travel document is recognised for
the purpose of crossing the external borders as set out in
point (a) of Article 5(1) of Regulation (EC) No 562/2006
of the European Parliament and of the Council of
15 March 2006 establishing a Community Code on
the rules governing the movement of persons across
borders (Schengen Borders Code) (5); on the other hand,
(1) Position of the European Parliament of 6 July 2011 (not yet
published in the Official Journal) and Decision of the Council of
23 September 2011.
(2) OJ L 239, 22.9.2000, p. 19.
(3) OJ L 239, 22.9.2000, p. 207.
(4) OJ L 239, 22.9.2000, p. 298.
(5) OJ L 105, 13.4.2006, p. 1.
(6) OJ L 243, 15.9.2009, p. 1.
L 287/10
EN
Official Journal of the European Union
(11)
In order to ensure uniform conditions for compiling and
updating the list of travel documents, implementing
powers should be conferred on the Commission. Those
powers should be exercised in accordance with Regu
lation (EU) No 182/2011 of the European Parliament
and of the Council of 16 February 2011 laying down
the rules and general principles concerning mechanisms
for control by Member States of the Commission's
exercise of implementing powers (1).
(12)
The advisory procedure should be used for drawing up
and updating the list of travel documents, given that
those acts merely constitute the compilation of issued
travel documents.
(13)
As regards Iceland and Norway, this Decision constitutes
a development of the provisions of the Schengen acquis
within the meaning of the Agreement concluded by the
Council of the European Union and the Republic of
Iceland and the Kingdom of Norway concerning the
latters' association with the implementation, application
and development of the Schengen acquis (2), which fall
within the area referred to in Article 1, points A, B
and C, of Council Decision 1999/437/EC of 17 May
1999 on certain arrangements for the application of
that Agreement (3).
(14)
(15)
(16)
As regards Switzerland, this Decision constitutes a devel
opment of the provisions of the Schengen acquis within
the meaning of the Agreement between the European
Union, the European Community and the Swiss Confed
eration on the Swiss Confederation's association with the
implementation, application and development of the
Schengen acquis (4), which fall within the area referred
to in Article 1, points A, B and C, of Decision
1999/437/EC read in conjunction with Article 3 of
Council Decision 2008/146/EC (5).
As regards Liechtenstein, this Decision constitutes a
development of the provisions of the Schengen acquis
within the meaning of the Protocol signed between the
European Union, the European Community, the Swiss
Confederation and the Principality of Liechtenstein on
the accession of the Principality of Liechtenstein to the
Agreement between the European Union, the European
Community and the Swiss Confederation on the Swiss
Confederation's association with the implementation,
application and development of the Schengen acquis,
which fall within the area referred to in Article 1,
points A, B and C, of Decision 1999/437/EC read in
conjunction with Article 3 of Council Decision
2011/350/EU (6).
In accordance with Articles 1 and 2 of the Protocol (No
22) on the position of Denmark, annexed to the Treaty
(1) OJ L 55, 28.2.2011, p. 13.
(2) OJ L 176, 10.7.1999, p. 36.
(3) OJ L 176, 10.7.1999, p. 31.
(4) OJ L 53, 27.2.2008, p. 52.
(5) OJ L 53, 27.2.2008, p. 1.
(6) OJ L 160, 18.6.2011, p. 19.
4.11.2011
on European Union and to the Treaty on the Functioning
of the European Union, Denmark is not taking part in
the adoption of this Decision and is not bound by it or
subject to its application. Given that this Decision builds
upon the Schengen acquis, Denmark shall, in accordance
with Article 4 of that Protocol, decide within a period of
6 months after the Council has decided on this Decision
whether it will implement it in its national law.
(17)
This Decision constitutes a development of the
provisions of the Schengen acquis in which the United
Kingdom does not take part, in accordance with Council
Decision 2000/365/EC of 29 May 2000 concerning the
request of the United Kingdom of Great Britain and
Northern Ireland to take part in some of the provisions
of the Schengen acquis (7); the United Kingdom is
therefore not taking part in its adoption and is not
bound by it or subject to its application.
(18)
This Decision constitutes a development of the
provisions of the Schengen acquis in which Ireland does
not take part, in accordance with Council Decision
2002/192/EC of 28 February 2002 concerning Ireland's
request to take part in some of the provisions of the
Schengen acquis (8); Ireland is therefore not taking part
in its adoption and is not bound by it or subject to its
application.
(19)
As regards Cyprus, this Decision constitutes an act
building upon, or otherwise related to, the Schengen
acquis within the meaning of Article 3(2) of the 2003
Act of Accession.
(20)
This Decision constitutes an act building upon, or
otherwise related to, the Schengen acquis within the
meaning of Article 4(2) of the 2005 Act of Accession,
HAVE ADOPTED THIS DECISION:
Article 1
Subject matter and scope
1.
This Decision establishes the list of travel documents
which entitle the holder to cross the external borders and
which may be endorsed with a visa (the list of travel
documents) and a mechanism for compiling it.
2.
This Decision applies to travel documents such as a
national passport (ordinary, diplomatic, service/official or
special passport), an emergency travel document, a refugee or
stateless person's travel document, a travel document issued by
international organisations, or a laissez-passer.
3.
This Decision does not affect Member States' competence
for the recognition of travel documents.
(7) OJ L 131, 1.6.2000, p. 43.
(8) OJ L 64, 7.3.2002, p. 20.
4.11.2011
EN
Official Journal of the European Union
L 287/11
Article 2
Article 4
Compilation of the list of travel documents
Notification of recognition or non-recognition of listed
travel documents
1.
The Commission shall draw up the list of travel
documents with the assistance of Member States on the basis
of information gathered within local Schengen cooperation, as
referred to in point (c) of Article 48(1) of Regulation (EC) No
810/2009.
2.
The list of travel documents shall be drawn up in
accordance with the advisory procedure referred to in
Article 8(2).
1.
Within 3 months after the communication of the list of
travel documents, Member States shall notify to the
Commission their position on recognition or non-recognition
of the listed travel documents.
2.
If a Member State fails to notify its position within the
period referred to in paragraph 1, the travel document
concerned shall be deemed to be recognised until that
Member State's notification of its non-recognition.
Article 3
Structure of the list of travel documents
1.
The list of travel documents shall be divided into three
parts.
2.
Part I shall consist of travel documents issued by the third
countries and territorial entities listed in Annexes I and II to
Council Regulation (EC) No 539/2001 of 15 March 2001
listing the third countries whose nationals must be in
possession of visas when crossing the external borders and
those whose nationals are exempt from that requirement (1).
3.
Part II shall consist of the following travel documents
issued by Member States, including those issued by the
Member States of the European Union which are not taking
part in the adoption of this Decision and by the Member
States of the European Union which do not yet apply the
provisions of the Schengen acquis in full:
(a) travel documents issued to third-country nationals;
(b) travel documents issued to refugees under the United
Nations Convention Relating to the Status of Refugees of
28 July 1951;
(c) travel documents issued to stateless persons under the
United Nations Convention relating to the Status of
Stateless Persons of 28 September 1954;
(d) travel documents issued to persons who do not hold the
nationality of any country and who reside in a Member
State;
(e) travel documents issued by the United Kingdom to British
citizens who are not nationals of the United Kingdom of
Great Britain and Northern Ireland for the purposes of
Union law.
4.
Part III shall consist of travel documents issued by inter
national organisations.
5.
As a general rule, the listing of a given travel document
applies to all series of that travel document that are still valid.
6.
If a third country does not issue a particular type of travel
document, this shall be indicated by entering 'not issued' in the
list of travel documents.
(1) OJ L 81, 21.3.2001, p. 1.
3.
Within the framework of the committee referred to in
Article 8(1), Member States shall exchange information on the
grounds for the recognition or non-recognition of specific travel
documents with a view to reaching a harmonised position.
4.
Member States shall notify the Commission of all changes
to previously indicated recognition or non-recognition of a
given travel document.
Article 5
New travel documents issued
1.
Member States shall notify the Commission of new travel
documents referred to in points (a) to (d) of Article 3(3).
2.
Member States shall inform the Commission of new travel
documents issued by third countries, Member States and inter
national organisations referred to in Article 3(2), in point (e) of
Article 3(3) and in Article 3(4). The Commission shall, in coop
eration with the Member States, endeavour to collect specimens
of new travel documents in order to share them.
3.
The Commission shall update the list of travel documents
in accordance with the notifications and information received
and shall request Member States to notify their position on
recognition or non-recognition in accordance with Article 4.
4.
The updated list of travel documents shall be drawn up in
accordance with the advisory procedure referred to in
Article 8(2).
Article 6
Information concerning known fantasy and camouflage
passports
The Commission shall also draw up and update a nonexhaustive list of known fantasy and camouflage passports on
the basis of information received from the Member States.
Article 7
Assessment of travel documents
1.
In order to assist the Member States in their technical
assessment of travel documents, the Commission, assisted by
experts of the Member States, may provide for a technical
analysis of the travel documents, taking into account in
particular the relevant International Civil Aviation Organization
standards and recommendations.
L 287/12
EN
Official Journal of the European Union
Article 11
2.
Where relevant, the conditions and procedures for issuing
travel documents may also be analysed within this framework.
3.
The results of the assessments referred to in paragraphs 1
and 2 shall be communicated to the Member States.
Article 8
Committee procedure
1.
The Commission shall be assisted by a committee (the
Travel Document Committee). That committee shall be a
committee within the meaning of Regulation (EU) No
182/2011.
Entry into force
1.
This Decision shall enter into force on the 20th day
following its publication in the Official Journal of the European
Union.
2.
This Decision shall apply with effect from the date of its
entry into force, except for Article 10, which shall apply with
effect from the date of the first publication by the Commission
of the list of travel documents.
Article 12
2.
Where reference is made to this paragraph, Article 4 of
Regulation (EU) No 182/2011 shall apply.
Article 9
Publication of the lists
The Commission shall make the list of travel documents,
including the notifications pursuant to Article 4, and the list
referred to in Article 6, available to the Member States and the
public via a constantly updated electronic publication.
4.11.2011
Addressees
This Decision is addressed to the Member States in accordance
with the Treaties.
Done at Strasbourg, 25 October 2011.
Article 10
Repeals
Decisions SCH/Com-ex (98)56 and SCH/Com-ex (99)14 shall be
repealed.
For the European Parliament
The President
For the Council
The President
J. BUZEK
M. DOWGIELEWICZ
6
Recognition of Foreign Passports
Argentina • Australia • Brazil • Canada • China
France • Georgia • Germany • Iraq • Israel • Italy
Japan • Jordan • Mexico • Nicaragua • South Africa
Sweden • Turkey • United Kingdom • United States
International law
April 2021
Report for Congress
LL File No. 2021-019994
The Law Library of Congress, Global Legal Research Directorate
(202) 707-5080 (phone) • (866) 550-0442 (fax) • law@loc.gov • http://www.law.gov
Contents
Comparative Summary ............................................................................................................................. 1
Maps:
Recognition of Irregular Passport Extensions .............................................................................................. 3
Government Issuance of Travel Documents to Foreigners........................................................................... 4
International law ........................................................................................................................................ 5
Argentina................................................................................................................................................... 10
Australia .................................................................................................................................................... 13
Brazil .......................................................................................................................................................... 20
Canada ....................................................................................................................................................... 24
China .......................................................................................................................................................... 29
France......................................................................................................................................................... 35
Georgia ...................................................................................................................................................... 39
Germany .................................................................................................................................................... 52
Iraq ............................................................................................................................................................. 58
Israel ........................................................................................................................................................... 62
Italy ............................................................................................................................................................ 66
Japan .......................................................................................................................................................... 72
Jordan......................................................................................................................................................... 78
Mexico........................................................................................................................................................ 82
Nicaragua .................................................................................................................................................. 85
South Africa .............................................................................................................................................. 90
Sweden ...................................................................................................................................................... 92
Turkey ........................................................................................................................................................ 99
United Kingdom .................................................................................................................................... 103
United States ........................................................................................................................................... 111
usan Taylor, Law Library of Congress. Map reflects the 20-jurisdiction survey in this report.
Recognition of Irregular Passport Extensions
usan Taylor, Law Library of Congress. Map reflects the 20-jurisdiction survey in this report.
Government Issuance of Travel Documents to Foreigners
International Law
Elizabeth Boomer
International Law Consultant
SUMMARY
From an international human rights law perspective, an individual has the right to leave
any country, including his or her own, and to return to his or her country, with certain
limitations. The United Nations Human Rights Committee has provided extensive
guidance on the scope of this right. Further, states parties to the Refugee Convention
and the Stateless Persons Convention should provide travel documents when
appropriate. Finally, the International Civil Aviation Authority provides guidance for
states to administer emergency travel documents in distressed or unpredicted
situations.
I. Introduction
The right to leave one’s country is enshrined in several widely ratified international human rights
treaties, as well as in Article 13 of the Universal Declaration of Human Rights. 1 The relevant
international treaties include:
•
Article 12 of the International Covenant on Civil and Political Rights (ICCPR); 2
•
Article 8 of the International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families (ICPMW); 3
•
Article 5 of the International Convention on the Elimination of All Forms of Racial
Discrimination; 4 and
•
Article 10 of the Convention on the Rights of the Child; 5
The United Nations General Assembly and the United Nations High Commissioner for Refugees
(UNHCR) have also reaffirmed “the right of everyone to leave any country, including his or her
own, and to return to his or her own country as well as the obligation of States to receive back
1 Universal Declaration of Human Rights, art. 13, G.A. Res. 217 A (III), U.N. Doc. A/RES/217(III) (Dec. 10,
1948), https://perma.cc/PSA2-EK45. There are also a significant number of regional treaties regarding
freedom of movement, such as article 12 of the African Charter on Human and People’s Rights,
https://perma.cc/RN6V-VPWV, and article 22 of the American Convention on Human Rights,
https://perma.cc/9VZA-PCE2.
2 International Covenant on Civil and Political Rights (ICCPR), art. 12, 999 U.N.T.S. 171 (Dec. 16, 1966),
https://perma.cc/4VVJ-DF6N.
3 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their
Families (ICPMW), art. 8, G.A. Res. 45/158 (18 Dec. 1990), https://perma.cc/W8X2-EXTJ.
4 International Convention on the Elimination of All Forms of Racial Discrimination, art. 5, G.A. Res. 2106 (XX)
(21 Dec. 1965), https://perma.cc/YKA6-GEXX.
5 Convention on the Rights of the Child, art. 10, G.A. Res. 44/25 (20 Nov. 1989), https://perma.cc/3CH7-LL3Q.
The Law Library of Congress
5
Recognition of Foreign Passports: International law
their own nationals, including the facilitation thereof.” 6 In addition, the Human Rights
Committee (HRC) has had several opportunities to clarify the right to leave, including in General
Comment No. 27 regarding Article 12 of the ICCPR, 7 and through its case law discussed below.
In addition to the international human rights treaties providing for a right to leave, two treaties
specifically aim to provide travel documents to those who may be at risk of losing their
nationality, citizenship, and/or ability to travel:
•
Article 28 of the Refugee Convention 8
•
Article 28 of the Stateless Persons Convention 9
Finally, the International Civil Aviation Authority (ICAO) issues guidance on emergency travel
documents for travelers in distressed or unpredicted situations.
II. ICCPR Article 12 10
Article 12 of the ICCPR provides:
1. Everyone lawfully within the territory of a State shall, within that territory, have the
right to liberty of movement and freedom to choose his residence.
2. Everyone shall be free to leave any country, including his own.
3. The above-mentioned rights shall not be subject to any restrictions except those which
are provided by law, are necessary to protect national security, public order (ordre public),
public health or morals or the rights and freedoms of others, and are consistent with the
other rights recognized in the present Covenant.
4. No one shall be arbitrarily deprived of the right to enter his own country.
The HRC has provided detailed principles to states regarding freedom of movement in General
Comment No. 27 (1999). As Article 12 is not one of the non-derogable rights of the ICCPR, Article
12(3) allows states to restrict the right to leave when the restriction is (1) provided by law, (2)
6 Declaration on the Human Rights of Individuals Who are Not Nationals of the Country in Which They Live,
art. 5, G.A. Res. 40/144 (Dec. 13, 1985), https://perma.cc/FSE5-JSN3; U.N.H.C.R., Executive Committee,
Conclusion on the Return of Persons Found Not to Be in Need of International Protection, Doc. No. 96 (LIV)
(2003), https://perma.cc/8WSF-JC4Q.
7 UN Human Rights Committee (HRC), CCPR General Comment No. 27: Article 12 (Freedom of Movement), 2
November 1999, CCPR/C/21/Rev.1/Add.9, https://perma.cc/NW27-BHA3.
8 Convention Relating to the Status of Refugees, 189 U.N.T.S. 137 (July 28, 1951) (Refugee Convention),
https://perma.cc/MT36-QXU3.
9 Convention Relating to the Status of Stateless Persons, 360 U.N.T.S. 117 (Sept. 28, 1954) (Stateless Persons
Convention), https://perma.cc/4AVW-FJJG.
10 This section focuses on Article 12 of the ICCPR because the other applicable human rights treaties have either
not directly dealt with the right to leave or do not have a treaty body-based complaint mechanism, although
their subject matter has been addressed by the Human Rights Committee. See OHCHR, 23 Frequently Asked
Questions about Treaty Body Complaints Procedures, https://perma.cc/QFU5-4XMH.
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Recognition of Foreign Passports: International law
necessary for the protection of the purposes listed, and (3) consistent with all other rights
recognized in the Covenant. 11
Individuals who consider that their right to a travel document per Article 12 of the ICCPR has
been violated can bring a complaint to the HRC, if the offending state has ratified the Optional
Protocol to the ICCPR (First Optional Protocol). 12 Article 1 of the First Optional Protocol
provides:
A State Party to the Covenant that becomes a Party to the present Protocol recognizes the
competence of the Committee to receive and consider communications from individuals
subject to its jurisdiction who claim to be victims of a violation by that State Party of any
of the rights set forth in the Covenant. No communication shall be received by the
Committee if it concerns a State Party to the Covenant which is not a Party to the
present Protocol.
The HRC has found a violation of Article 12(2) ICCPR for (1) refusing a passport without
justification, 13 (2) the confiscation of a passport where a family member is accused of a political
crime, 14 and (3) when the restriction on travel is neither necessary nor proportionate. 15
In its General Comment 15, the HRC has also held that ICCPR rights must be extended to “all
individuals, regardless of nationality or statelessness, such as asylum seekers, refugees, migrant
workers and other persons, who may find themselves under the territory or subject to the
jurisdiction of the State Party.” 16
III. Convention Travel Documents
The language of the 1951 Refugee Convention and the 1954 Stateless Persons Convention
regarding providing travel documents to refugees and stateless persons is nearly identical.
11 C. Harvey and R. P. Barnidge, Jr., The Right to Leave One’s Own Country Under International Law, Global
Commission on International Migration (2005), https://perma.cc/8JD7-S92Y.
12 Optional Protocol to the International Covenant on Civil and Political Rights (adopted 16 December 1966,
entred into force 23 March 1976) 999 U.N.T.S. 171 (First Optional Protocol), https://perma.cc/96ZY-2X76. The
First Optional Protocol has been ratified by 116 states.
13 Human Rights Committee Communication No. 1107/2002 (2004), https://perma.cc/Z8VK-HMP2.
14 Human Rights Committee Communication No. 1143/2002 (2007), https://perma.cc/RBX2-PGPY.
15 Human Rights Committeee Communication No. 1585/2007 (2009), https://perma.cc/FS23-CLHS.
16 CCPR General Comment No. 15: The Position of Aliens Under the Covenant (1986),
https://perma.cc/U6QH-BQYA.
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A. 1951 Refugee Convention and 1967 Protocol 17
Article 28 of the 1951 Refugee Convention 18 provides:
The Contracting States shall issue to refugees lawfully staying in their territory travel
documents for the purpose of travel outside their territory unless compelling reasons of
national security or public order otherwise require, and the provisions of the Schedule to
this Convention shall apply with respect to such documents. The Contracting States may
issue such a travel document to any other refugee in their territory; they shall in particular
give sympathetic consideration to the issue of such a travel document to refugees in their
territory who are unable to obtain a travel document from the country of their lawful
residence.
B. 1954 Stateless Persons Convention19
Article 28 of the 1954 Stateless Persons Convention provides:
The Contracting States shall issue to stateless persons lawfully staying in their territory
travel documents for the purpose of travel outside their territory, unless compelling
reasons of national security or public order otherwise require, and the provisions of the
Schedule to this Convention shall apply with respect to such documents. The Contracting
States may issue such a travel document to any other stateless person in their territory;
they shall in particular give sympathetic consideration to the issue of such a travel
document to stateless persons in their territory who are unable to obtain a travel document
from the country of their lawful residence.
IV. International Civil Aviation Organization
The International Civil Aviation Organization (ICAO) is a specialized agency of the United
Nations that is funded and directed by the 193 member states that are signatory to the Chicago
Convention. 20 ICAO issues guidance material for use by Issuing Authorities of Emergency Travel
Documents (ETDs) for “travellers needing to travel urgently in distressed or unpredicted
situations where it is not possible to issue a standard full-validity passport.” 21 These situations
include emergency situations for the individual traveler, emergency situations abroad (e.g. a
17 Protocol Relating to the Status of Refugees, 606 U.N.T.S. 267 (Jan. 31, 1967),
https://perma.cc/M9BK-C2JE. The Protocol removed the temporal and geographic restrictions of the 1951
Refugee Convention. The United States, Venezuela and Cape Verde are parties to the Protocol but not the 1951
Refugee Convention.
18 For historical background, see The Refugee Convention, 1951: The Travaux Preparatoires Analysed with a
Commentary by Dr. Paul Weis 152-195 (1990), https://perma.cc/8KJ8-YQ2A.
19 For commentary, see UNHCR Handbook on Protection of Stateless Persons under the 1954 Convention Relating to
the Status of Stateless Persons (2014), https://perma.cc/V2WZ-WYCY.
20 International Civil Aviation Organization (ICAO), Convention on Civil Aviation (“Chicago Convention”), 7
December 1944, (1994) 15 U.N.T.S. 295, https://perma.cc/XLN2-CU22.
21 ICAO, Doc 9303 Machine Readable Travel Documents, Part 8: Emergency Travel Documents (pp. 370-391 of
the PDF) (8th ed.), https://perma.cc/K5DQ-229K.
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Recognition of Foreign Passports: International law
conflict or natural disaster) resulting in a need to travel home, or in cases of deportation, removal
or repatriation. In these circumstances, the guidance provides an exemption for ETDs from the
ICAO minimum standards for MRTDs. 22 ICAO notes there are no global standards or
recommended practices for the issuance of ETDs and that the International Committee of the Red
Cross (ICRC) also supplies travel documents. 23 The ICRC travel documents are part of the
provision of humanitarian aid, and are issued for one-way journeys as a last resort. 24 As of 2019,
UNHCR noted that 26 percent of States Parties to the 1951 Refugee Convention and/or its
Protocol do not issue any travel documents to refugees and 48 percent of States Parties to the 1954
Stateless Persons Convention do not issue any travel documents to stateless persons. 25
22 Id. (p. 377 of the PDF).
23 Id.
24 Id. See also UNHCR, Guide for Issuing Machine Readable Convention Travel Documents for Refugees and
Stateless Persons, jointly published by UNHCR and the ICAO (2017), https://perma.cc/L99K-5XHU.
25 UNHCR, 2019 Compliance Update: Machine-Readable Convention Travel Documents for Refugees and
Stateless Persons, https://perma.cc/3J6Y-CCYV.
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