---
kind: "section"
citation: "22 C.F.R. § 46.7"
title: "22"
number: "46.7"
heading: "Instructions from the Administrator required in certain cases."
url: "https://uscodex.org/cfr/22/46.7"
---

# §46.7. Instructions from the Administrator required in certain cases.


In the absence of appropriate instructions from the Administrator of the Bureau of Security and Consular Affairs, departure-control officers shall not exercise the authority conferred by [§ 46.2](/cfr/22/46.2.md) in the case of any alien who seeks to depart from the United States in the status of a nonimmigrant under [section 101(a)(15)](/cfr/22/101.md?p=a-15) (A) or (G) of the Immigration and Nationality Act, or in the status of a nonimmigrant under section [11(3)](/cfr/22/11.md?p=3), [11 (4)](/cfr/22/11.md?p=4), or [11(5)](/cfr/22/11.md?p=5) of the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations (61 Stat. 756): Provided, That in cases of extreme urgency, where the national security so requires, a departure-control officer may preliminarily exercise the authority conferred by [§ 46.2](/cfr/22/46.2.md) pending the outcome of consultation with the Administrator, which shall be undertaken immediately. In all cases arising under this section, the decision of the Administrator shall be controlling: Provided, That any decision to prevent the departure of an alien shall be based upon a hearing and record as prescribed in this part.


## Notes

### Amendments

[26 FR 3069, Apr. 11, 1961; 26 FR 3188, Apr. 14, 1961]

### Authority

Authority: Secs. 104, 215, 66 Stat. 174, 190; 8 U.S.C. 1104, 1185.

### Amendments

[26 FR 3069, Apr. 11, 1961; 26 FR 3188, Apr. 14, 1961]