portion of the written examination will receive a bonus of 5 points to be added to the weighted average grade he receives on the first three parts of the written examination. If a candidate's weighted average grade on the first three parts of the written examination, with the addition of the aforementioned 5 bonus points (if he is entitled to them), is 70 or higher, he will be eligible to take the oral examination. Candidates eligible for the oral examination will be given an opportunity, and will be required, to take the oral examination within 9 months after the date of the written examination. If a candidate fails to present himself for the oral examination on an agreed date within the 9 month period, his candidacy will automatically terminate. Time spent on Government duty outside the United States will not be counted.

(c) The oral examination will be given by a panel of deputy examiners selected by the Board of Examiners from a roster of Foreign Service officers, officers from the Department of State and other Government agencies, and qualified private citizens who by prior service as members of selection boards or through other appropriate activities have demonstrated special qualifications for this work. The examination will be conducted in the light of all available information concerning the candidate and will be designed to determine his competence to perform the work of a Foreign Service officer at home and abroad, his potential for growth in the Service, and his suitability to serve as a representative of the United States abroad. Determinations of duly constituted panels of deputy examiners are final, unless modified by specific action of the Board of Examiners for the Foreign Service.

(d) Candidates appearing for the oral examination will be graded "recommended for class 8", "recommended for class 7", or "not recommended".

[Dept. Reg. 108.476, 27 F.R. 469, Jan. 17, 1962]

§ 11.4 Physical examination for appointment to class 8.

(a) A candidate graded "recommended" on the oral examination will be eligible for the physical examination.

(b) The physical examination will be designed to determine the candidate's physical fitness to perform the duties

of a Foreign Service officer and to determine the presence of any physical, nervous or mental disease or defect of such a nature as to make it unlikely that he would become a satisfactory officer. The Executive Director of the Board of Examiners for the Foreign Service, with the concurrence of the Director, Medical Division, may make such exceptions to these physical requirements as are in the interest of the Service. All such exceptions shall be reported to the Board of Examiners for the Foreign Service at its next meeting.

(c) The physical examination will be conducted either by medical officers of the Armed Services, the Public Health Service, the Department, or accredited colleges and universities, or, with the approval of the Board of Examiners, by private physicians.

(d) The Board of Examiners will determine on the basis of the report of the physician(s) who conducted the physical examination whether the candidate has met the standards set forth in paragraph (b) in this section.

[Dept. Reg. 108.476, 27 F.R. 469, Jan. 17, 1962] § 11.5 Certification for appointment to class 8.

No person will be certified as eligible for appointment as a Foreign Service officer of class 8 unless he is at least 21 years of age, has been a citizen of the United States for at least 10 years, and, if married, is married to a citizen of the United States. A person shall be certified as eligible for direct appointment to class 7 if in addition to meeting these specifications he is at least 25 years old and has a record of graduate training or employment which clearly demonstrates ability and special skills for which there is a need in the Foreign Service. Recommended candidates who meet these requirements, who pass their physical examinations, and who, on the basis of investigation are found to be loyal to the Government of the United States and personally suitable to represent it abroad, will have their names placed on the rank-order register for class 8 appointments or, if deemed appropriate by the Board of Examiners, in the light of their age and education or employment record, on the rank-order register for class 7 appointments and they will be certified for appointment, in accordance with the needs of the Service in the order of their standing on their respective registers.

Postponement of entrance on duty for required active military service will be authorized. A candidate may be certified for appointment to class 7 or 8 without first having passed the written examination in a modern language, but his appointment will be subject to the condition that he may neither be promoted to a higher class nor be retained in the Service unless within a specified period of time, he passes either a written examination in French, German, Russian, or Spanish, or an oral examination in any modern foreign language acceptable to the Department.

[Dept. Reg. 108.476, 27 F.R. 469, Jan. 17, 1962] § 11.6 Termination of eligibility.

Candidates who have qualified and whose names have been sent to the President, but who have not been appointed because of lack of vacancies, will be dropped from the rank-order register 30 months after the date of the written examination: Provided, however, That time spent in required active military service subsequent to establishing eligibility for appointment will not be counted.

[Dept. Reg. 108.476, 27 F.R. 470, Jan. 17, 1962] § 11.7 Travel expenses of candidates.

The travel and other personal expenses of candidates incurred in connection with the written and oral examinations will not be borne by the Government, except that the Department may issue round trip invitational travel orders to bring candidates to Washington at Government expense when it is determined that it is necessary in ascertaining a candidate's qualifications and adaptability for appointment.

[Dept. Reg. 108.476, 27 F.R. 470, Jan. 17, 1962]

women in other lines of endeavor. Although lateral entry recruitment is utilized principally to staff areas where specialized skills are needed, the program also encompasses recruitment and utilization of persons of versatile capabilities who have demonstrated that they possess broad talents needed in the Department and the Foreign Service as well as outstanding qualities of leadership. The Office of Personnel shall determine, at least annually, the number of lateral appointments, by field of competence and class level. The rules and procedures set forth in this section shall govern applicants for lateral entry:

(a) Qualifications for appointment. Lateral entry applicants shall meet the following requirements:

(1) On the date of application each applicant for lateral appointment shall be under age 55.

(2) Each applicant shall have completed at least 3 years of service (4 years if under age 31) in a position of responsibility in a Federal Government agency or agencies. For this purpose, a position of responsibility is defined as a position in the Foreign Service Reserve above class 8, in the Foreign Service staff above class 12, in the Departmental service above GS-8, or an equivalent position in another Federal Government agency or in the Armed Forces of the United States, with duties and responsibilities similar or reasonably related to those of a Foreign Service officer in terms of knowledge, skills, and abilities.

(b) Application for lateral entry. Applications for lateral appointment will be accepted at any time. Applicants should complete Standard Form 57, Application for Federal Employment, and Form DSP-34, Supplement to Standard Form 57, and forward them to the Board of Examiners for the Foreign Service. These application forms will be placed in a single file on each applicant containing all other documentation of value which is available relating to the evaluation of the applicant. The Board of Examiners will consider all documentation on an applicant when examining his qualifications for lateral appointment.

(c) Examination for lateral entry. The Board of Examiners for the Foreign Service will schedule examinations from time to time as the needs of the Service require. The Board will consider all valid applications on file at the time

PART 13-PERSONNEL

Sec.

13.1 Improper exaction of fees. 13.2 Embezzlement.

13.3 Liability for neglect of duty or for malfeasance generally; action on bond; penalty.

13.4 False certificate as to ownership of property.

AUTHORITY: The provisions of this Part 13 issued under sec. 302, 60 Stat. 1001; 22 U.S.C. 842.

SOURCE: The provisions of this Part 13 appear at 22 F.R. 10789, Dec. 27, 1957, unless otherwise noted.

§ 13.1

Improper exaction of fees.

Any consular officer who collects, or knowingly allows to be collected for any services any other or greater fees than are allowed by law for such services, shall, besides his liability to refund the same, be liable to pay to the person by whom or in whose behalf the same are paid, treble the amount of the unlawful charge so collected, as a penalty. The refund and penalty may be recovered with costs, in any proper form of action, by such person for his own use. The amount of such overcharge and penalty may at the discretion of the Secretary of the Treasury be ordered withheld from the compensation of such officer for payment to the person entitled to the same (22 U. S. C. 1189).

NOTE: The foregoing relates to improper collection and personal withholding of funds by consular officers. For procedure where a collection, having been erroneously made, has been returned by the officer to the Treasury in good faith, making a subsequent accounting adjustment necessary, see § 22.4, Refund of fees of this chapter.

Every consular officer who shall receive money, property, or effects belonging to a citizen of the United States and shall not within a reasonable time after demand made upon him by the Secretary of State or by such citizen, his executor, administrator, or legal representative, account for and pay over all moneys, property, and effects, less his lawful fees, due to such citizen, shall be deemed guilty of embezzlement, and shall be punishable by imprisonment for not more than five years, and by a fine of not more than $2,000 (22 U. S. C. 1198). Penalties of imprisonment and fine are also prescribed for embezzlement in connection

with the acceptance, without execution of a prescribed form of bond, of appointment from any foreign state as administrator, guardian, or to any other office of trust for the settlement or conservation of estates of deceased persons or of their heirs or of persons under legal disabilities (22 U. S. C. 1178 and 1179). Acceptance of such appointments is not ordinarily permitted under existing regulations. See § 92.81 of this chapter. § 13.3 Liability for neglect of duty or for malfeasance generally; action on bond; penalty.

Whenever any consular officer willfully neglects or omits to perform seasonably any duty imposed upon him by law, or by any order or instruction made or given in pursuance of law, or is guilty of any willful malfeasance or abuse of power, or of any corrupt conduct in his office, he shall be liable to all persons injured by any such neglect, or omission, malfeasance, abuse, or corrupt conduct, for all damages, occasioned thereby; and for all such damages, he and his sureties upon his official bond shall be responsible thereon to the full amount of the penalty thereof to be sued in the name of the United States for the use of the person injured. Such suit, however, shall in no case prejudice, but shall be held in entire subordination to the interests, claims, and demands of the United States, as against any officer, under such bond, for every willful act of malfeasance or corrupt conduct in his office. If any consul neglects or omits to perform seasonably the duties imposed upon him by the laws regulating the shipment and discharge of seamen, or is guilty of any malversation or abuse of power, he shall be liable to any injured person for all damage occasioned thereby; and for all melversation and corrupt conduct in office, he shall be punishable by imprisonment for not more than five years and not less than one, and by a fine of not more than $10,000 and not less than $1,000 (22 U.S.C. 1199).

§ 13.4 False certificate as to ownership of property.

If any consul or vice consul falsely and knowingly certifies that property belonging to foreigners is property belonging to citizens of the United States, he shall be punishable by imprisonment for not more than three years, and by a fine of not more than $10,000 (22 U.S.C. 1200).