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60 APPENDIX C Disqualifying Offenses Table

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61 Table C-1. Disqualifying offenses, Part 1. e-RailSafe CDL-HME Passport SENTRI NEXUS USPS FAST TWIC CAC* MMD MMC SIDA MML 1 to 30 Disqualifying Offenses 1 A crime involving a transportation security incident A crime listed in 18 U.S.C. Chapter 113B--Terrorism, or a state law that 2 is comparable 3 Aggravated assault 4 Aircraft piracy 5 Aircraft piracy outside the special aircraft jurisdiction of the United States 6 Arson 7 Assault with Intent to murder 8 Bribery 9 Burglary Cannot satisfy CBP of their low-risk status (i.e., CBP has intelligence that indicates that the applicant is not low risk; CBP cannot determine 10 an applicant's criminal, residence or employment history) 11 Carrying a Weapon or explosive aboard aircraft 12 Commission of certain crimes aboard aircraft in flight 13 Conspiracy 14 Conspiracy or attempt to commit any of these crimes 15 Conveying false information and threats 16 Convicted of a criminal offense 17 Conviction involving a fatality (vehicular crime) 18 Criminal violations of environmental laws 19 Criminal violations of environmental laws involving pollutants or HazMat 20 Destruction of aircraft or aircraft facility 21 Dishonesty, fraud, or misrepresentation, including identity fraud Distribution, possession with intent to distribute, or importation of a 22 controlled substance, including drugs 23 Espionage 24 Extortion 25 Felony involving a threat Forgery of certificates, false markings of aircraft, and other aircraft 26 registration violations 27 Homicide (unintentional) Illegal possession of a controlled substance punishable by a maximum 28 term of imprisonment of more than 1 year. 29 Immigration Violations 30 Importation or manufacture of a controlled substance *Unable to verify the disqualifying offenses for the Common Access Card.

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62 Table C-2. Disqualifying offenses, Part 2. e-RailSafe CDL-HME Passport SENTRI NEXUS USPS FAST TWIC CAC* MMD MMC SIDA MML 31 to 60 Disqualifying Offenses 31 Imprisonment > 1 Year Improper transportation of Hazardous Materials under 49 U.S.C. 5124 32 or a state law that is comparable Inadmissible to the United States under immigration regulation, including 33 applicants with approved waivers of inadmissibility or parole documentation 34 Interference with air navigation 35 Interference with flight crew members or flight attendants 36 Kidnapping or hostage taking 37 Lesser RICO violations 38 Lighting violations involving transporting controlled substances 39 Murder 40 Pending criminal charges 41 Possession or distribution of stolen property 42 Racing on the highways 43 Rape or aggravated sexual abuse 44 Reckless driving 45 Robbery 46 Sedition 47 Simple assault 48 Smuggling Subject of an ongoing investigation by any federal, state, or local law 49 enforcement agency Subject to National Security Entry Exit Registration System (NSEERS) 50 or other special registration programs 51 Theft (embezzlement) 52 Treason Unlawful entry into an aircraft or airport area that serves air carriers or 53 foreign air carriers contrary to established security requirements Unlawful possession, use, sale, distribution, manufacture, purchase, receipt, transfer, shipping, transporting, import, export, storage of, or 54 dealing in an explosive or explosive device Unlawful possession, use, sale, distribution, manufacture, purchase, receipt, transfer, shipping, transporting, import, export, storage of, or 55 dealing in a firearm or other weapons Violation of any customs, immigration or agriculture regulations or laws 56 in any country Violations of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. 1961, et seq., or a state law that is comparable, where one of the predicate acts found by a jury or admitted by the defendant, consists of 57 one of the offenses listed in paragraphs (d) or (h) of this section 58 Violence at international airports Will not lawfully reside in either Canada or the United States for term of 59 credential 60 Willful destruction of property

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63 Table C-3. Disqualifying offenses, Part 3. e-RailSafe CDL-HME Passport SENTRI NEXUS USPS FAST CAC* TWIC MMD MMC SIDA MML 61 to 93 Disqualifying Offenses 61 U.S. loan default 22 CFR 51.60 62 Arrears of child support 42 U.S.C. 2671(b)(2)(B) 63 Outstanding federal warrant or arrest for felony 18 U.S.C. 1073 Subject to criminal court order, condition of probation, or condition of 64 parole, any of which forbid departure from the United States 65 Subject to court order committing one to a mental institution 66 Declared legally incompetent 67 Subject of request for extradition 68 Subject of a subpoena received from the United States pursuant to 28 U.S.C. 1783 69 Applicant is minor, and passport may be denied under 22 CFR 51.28 Subject to an order of restraint or apprehension issued by an appropriate 70 officer of the U.S. Armed Forces under Ch.47, Title 10 U.S.C. 71 Subject to an outstanding state or local warrant of arrest for a felony Subject of a request for extradition or provisional arrest submitted to the 72 United States by a foreign country 73 Previously denied the credential 74 Threat to national security or foreign policy 75 Minor applicant involved in custody battle 76 Trafficking 77 Conviction of a felony offense in the last 7 years 78 Released from a penal institution in the last 5 years 79 Active misdemeanor and felony warrants 80 Any pending felony charge 81 Social Security fraud alerts 82 A history of crimes of concern 83 Out of service area 84 Permanent disqualifier 85 Background check canceled by contractor 86 Convicted of offenses involving dishonesty 87 Convicted of offenses involving moral turpitude 88 Convicted of offenses involving financial gain 89 On parole, probation, or under suspended sentence for commision of a felony On parole, probation, or under suspended sentence for any controlled 90 substance charge 91 Pending controlled substance charges 92 Pattern of criminal conduct Conviction, investigation of, or under indictment for stealing mail or 93 other postal crimes