family and household of such a person, then the "appropriate agency" is that in which the head of the household is serving. (i) The term "approval by the appropriate agency" includes approval by such person or persons as are duly authorized by such agency to give the approval required by these regulations. (j) The term "Chief of Protocol" means the Chief of Protocol of the Department of State. § 3.4 Release of gifts and decorations on deposit in the Department of State through October 14, 1966. Any gift or decoration on deposit with the Department of State on the effective date of this part shall, following written application to the Chief of Protocol and subsequent approval by the Chief of Protocol and the appropriate agency, be released through the appropriate agency to the donee or his legal representative. Such donee may also, if authorized by the appropriate agency, wear any decoration so released. Approval for release will normally be given unless, from the special or unusual circumstances involved, it would appear to the Chief of Protocol to be improper to release the item. Any gifts or decorations not approved for release will become the property of the U.S. Government and will be used or disposed of in accordance with the provisions of § 3.6. § 3.5 Gifts and decorations received by any person after October 14, 1966. (a) General policy. No person shall request or otherwise encourage the tender of a gift or decoration. (b) Gifts of minimal value. Subject to indivdual agency regulations, table favors, mementos, remembrances, or other tokens bestowed at official functions, and other gifts of minimal value received as souvenirs or marks of courtesy from a foreign government may be accepted and retained by the donee. The burden of proof is upon the donee to establish that the gift is of minimal value as defined by this part. (c) Gifts of more than minimal value. Where a gift of more than minimal value is tendered, the donor should be advised that it is contrary to the policy of the United States for persons in the service thereof to accept substantial gifts. If, however, the refusal of such a gift would be likely to cause offense or embarrassment to the donor, or would adversely affect the foreign relations of the United States, the gift may be accepted and shall be deposited with the Chief of Protocol for disposal in accordance with the provisions of § 3.6. (d) Decorations. Decorations received which have been tendered in recognition of active field service in connection with combat operations, or which have been awarded for outstanding or unusually meritorious performance, may be accepted and worn by the donee with (1) the approval by the appropriate agency and (2) the concurrence of the Chief of Protocol. Within the Department of State, the decision as to whether a decoration has been awarded for outstanding or unusually meritorious performance will be the responsibility of the supervising Assistant Secretary of State or comparable officer for the person involved. In the absence of approval and concurrence under this paragraph, the decoration shall become the property of the United States and shall be deposited by the donee with the Chief of Protocol for use or disposal in accordance with the provisions of § 3.6. Nothwithstanding the foregoing, decorations tendered to U.S. military personnel for service in Viet-Nam may be accepted and worn as provided by the Act of October 19, 1965, Public Law 89-257, 79 Stat. 982. § 3.6 Use or disposal of gifts and decorations which become the property of the United States. Any gift or decoration which becomes the property of the United States under this part may be retained for official use by the appropriate agency with the approval of the Chief of Protocol. Gifts and deocrations not so retained shall be forwarded to the General Services Administration by the Chief of Protocol for transfer, donation, or other disposal in accordance with such instruction as may be furnished by that officer. In the absence of such instructions, such property will be transferred or disposed of by the General Services Administration in accordance with the provisions of the Federal Property and Administrative Services Act of 1949, 63 Stat. 377, as amended, and the Federal Property Management Regulations (41 CFR Ch. 101, Subchapter H). Standard Form 120, Report of Excess Personal Property, and Standard Form 120A, Continuation Sheet, shall be used in reporting such property, and the Foreign Gifts and Decorations Act of 1966 shall be cited on the reporting docu 4.1 Persons required to give notification. 4.3 Form to be used in giving notification. 4.5 Time limit for the submission of the form. 4.6 Termination of official status and departure from the United States. AUTHORITY: The provisions of this Part 4 issued under sec. 10, 56 Stat. 257, sec. 4, 63 Stat. 111, as amended; 22 U.S.C. 620, 2658. SOURCE: The provisions of this Part 4 appear at 22 F.R. 10788, Dec. 27, 1957, unless otherwise noted. § 4.1 Persons required to give notification. All persons who are entitled to exemption from the registration and fingerprinting requirements of the Alien Registration Act of 1940 (54 Stat. 670), as amended, are required to give notification to the Secretary of State of their presence in the United States. Such persons comprise foreign government officials, members of their families (including relatives by blood or marriage regularly residing in or forming a part of their household), and their employees and attendants. § 4.2 Persons exempted from the requirement to give notification. Ambassadors and ministers, and members of their missions named in the Diplomatic List issued monthly by the Department of State, are exempted from the requirement to give notification to the Secretary of State under this part. § 4.3 Form to be used in giving notification. A Notification of Status with a Foreign Government form is to be used by the § 4.6 Termination of official status and departure from the United States. (a) The diplomatic missions in Washington should notify the Secretary of State of the termination of service of all officials and employees, giving the dates of such termination of service, the dates and ports of their departure from the United States, or their addresses if they are remaining in the United States. (b) Aliens remaining in the United States after terminating their status as officials or employees are required to be registered and finger-printed within 30 days thereafter under sections 37(a), 34(a) and 32(c) of the Alien Registration Act (54 Stat. 674, 675; 8 U.S.C. 453, 455,458). Sec. 5.1 5.2 PART 5-ORGANIZATION Introduction. Central and field organization, established places at which, the officers from whom, and the methods whereby the public may secure information, make submittals, or request, or obtain decisions; and statements of the general course and method by which its functions are channeled and determined. 5.3 Rules of procedure, description of forms available or the places at which forms may be obtained, and instructions as to the scope and content of all papers, reports, or examinations. 5.4 Substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretation of general applicability formulated and adopted by the agency. AUTHORITY: The provisions of this Part 5 issued under sec. 4, 63 Stat. 111, as amended, § 5.2 Central and field organization, established places at which, the officers from whom, and the methods whereby the public may secure information, make submittals, or request, or obtain decisions; and statements of the general course and method by which its functions are channeled and determined. (a) The following statements of the central and field organization of the Department of State and its Foreign Service posts are hereby prescribed: (1) The central organization of the Department of State was issued as Public Notice No. 267, 32 F.R. 8923, June 22, 1967. (2) The foreign field organization of the Department of State was issued as Public Notice No. 254, 32 F.R. 3712, March 3, 1967. (3) The domestic field organization of the Department of State was issued as Public Notice No. 268, 32 F.R. 8925, June 22, 1967. (b) As used in the following sections, the term "Department of State" includes all offices within the Department in Washington, its domestic field offices in the United States, all Foreign Service posts throughout the world, and U.S. missions to international organizations unless otherwise specified. (c) Any person desiring information concerning a matter handled by the Department of State, or any person desiring to make a submittal or request in connection with such a matter, should communicate either orally or in writing with the appropriate office. If the office receiving the communication does not have jurisdiction to handle the matter, the communication, if written, will be forwarded to the proper office, or, if oral, the person will be advised how to proceed. When the submittal or request consists of a formal application for one of the documents, privileges, or other benefits provided for in the laws administered by the Department of State, or in the regulations implementing these laws, the instructions on the form as to preparation and place of submission should be followed. In such cases, the provisions of this part referring to the particular regulation concerned should be consulted. Address Department of State, Annex 8, 1900 E Street Department of State, 2201 C Street NW., Department of State, Annex 6, Room 103, 2121 Pennsylvania Avenue NW., Washington, D.C. 20520. Department of State, Annex 17, Room 102, 17th and H Streets NW., Washington, D.C. 20524. Department of State, 2201 C Street NW., Washington, D.C. 20520. Department of State, Annex 2, 515 22d Street NW., Washington, D.C. 20520. (a) The regulations of the Department of State required to be published under the provisions of the Administrative Procedure Act are found in the Code of Federal Regulations and the FEDERAL REGISTER. Any person desiring information with respect to a particular procedure should examine the pertinent regulation cited hereafter. (b) The following are citations to regulations within the scope of this section. (1) Acceptance of Gifts and Decorations from Foreign Governments. 22 CFR 3 et seq. (2) Employee Responsibility and Conduct. 22 CFR 10 et seq. (3) Appointment of Foreign Service Officers. 22 CFR 11 et seq. (4) Fees for Services in the United States, fees and Charges, Foreign service. 22 CFR 21 et seq.; 22 CFR 22 et seq. (5) Claims and Stolen Property. 22 CFR 31 et seq. (6) Issuance of Visas. 22 CFR 41-42 et seq. (7) Nationality and Passports. 22 CFR 50 et seq. (8) International Educational and Cultural Exchanges. 22 CFR 61 et seq. (9) Protection and Welfare of Americans Abroad. 22 CFR 71 et seq. (10) Shipping and Seamen Abroad. 22 CFR 81 et seq. (11) Other Consular Services Abroad. 22 CFR 91 et seq. (12) Economic, Commercial and Civil Air Functions Abroad. 22 CFR 101 et seq. (13) International Traffic in Arms. 22 CFR 121 et seq. (14) Certificates of Authentication. 22 CFR 131 et seq. (15) Civil Rights. 22 CFR 141 et seq. (16) Department of State Procurement. 41 CFR 6-1 et seq. (c) These regulations are supplemented from time to time by amendments appearing initially in the FEDERAL REGISTER. As used in this part, the following definitions shall apply: (a) The term "identifiable” means, in the context of a request for a record, a reasonably specific description of the particular record sought, such as date, format, and subject matter, which will permit its location. (b) The term "record" includes all books, papers, maps, photographs, or other documentary material, or copies thereof, regardless of physical form or characteristics, made in or received by the Department of State, and preserved as evidence of its organization, functions, policies, decisions, procedures, operations, or other activities. § 6.2 Availability of records. (a) All identifiable records of the Department of State shall be made available to the public upon compliance with the procedures established in this part, except to the extent a record is determined by the Deputy Legal Advisor for Administration to be exempt from disclosure. (b) Unclassified information, documents, and forms which have previously been provided to the public as part of the normal services of the Department of State will continue to be made available without regard to the following sections. § 6.3 Availability of statements of policy, interpretations, manuals, instructions. Statements of policy, interpretations, administrative manuals (or portions thereof), opinions, orders, and instructions to staff which affect any member of the public will be made available to the public for inspection and copying in the public reading room, except to the extent they are determined by the Deputy Legal Adviser to be exempt from disclosure. § 6.4 Records which may be exempt from disclosure. The following categories are examples of records maintained by the Department of State which may be exempted from disclosure: (a) Records required to be withheld by Executive order or other authority, relating to national defense or foreign policy. Included in this category are records required by Executive Order 10501, as amended, to be kept secret in the interests of national defense or foreign policy. Disclosure of records in this category will be made to the public only in the manner established by § 6.9. (b) Records related solely to internal personnel rules and practices. Included in this category are internal rules and practices relating to management operations which cannot be disclosed to the public without substantial prejudice to the effective performance of a significant function of the Department of State. (c) Records specifically exempted from disclosure by statute. Included in this category are records relating to the officers and employees of the Foreign Service, including efficiency records (sec. 612 of the Foreign Service Act of 1946, as amended, 22 U.S.C. 986), and the records of the Department of State or of diplomatic and consular officers of the United States pertaining to the issuance or refusal of visas or permits to enter the United States (sec. 222(f) of the Immigration and Nationality Act, 8 U.S.C. 1202(f)). (d) Information given in confidence. Included in this category are records reflecting commercial and financial information, as well as other information, obtained from any person and customarily regarded as privileged and confidential by the person from whom they were obtained. (e) Interagency or intragency memorandums or letters. Included in this category are records such as interagency communications and internal drafts, memorandums between officials and agencies, opinions and interpretations prepared by staff or consultants; records of the deliberations of staff personnel; and records whose premature disclosure would interfere with the achievement of the purpose for which they were being prepared. (f) Personnel, medical, and other files. Included in this category are personnel and medical files and other files containing private or personnel information which, if disclosed to the public, would amount to a clearly unwarranted invasion of the privacy of any person to whom the information pertains. (g) Investigatory files. Included in this category are files compiled for the enforcement of all laws, or prepared in connection with Government litigation and adjudicative proceedings, except for those portions of such files which are by law available to persons in litigation with the Department, in which case such portions will be made available to such litigants. § 6.5 Authority to release and certify, or to withhold records. (a) Except as provided in § 6.9, authority is hereby delegated to the Chief, Records Services Division, to furnish copies of records to any person entitled thereto pursuant to these regulations, and upon request to provide certified copies thereof in accordance with Part 131 of this chapter. (b) A determination by the Deputy Legal Adviser for Administration to deny a request to make a record available is final, and no appeal will be received by the Department of State from such a determination. This determination shall be in written form, clearly stating the basis upon which the record has been withheld. |