ceiving a base salary at least equal to the first salary step of that class. (3) Other: On the date of application, each applicant for lateral entry appointment should be under age 54. Candidates will not normally be certified who are more than 55 years of age since Foreign Service officers are expected to serve 5 years or more before reaching mandatory retirement age. (d) Recruitment. (1) It is the Department's policy to encourage eligible personnel on its rolls to apply for lateral entry into the Foreign Service Officer Corps, including, in particular, the following categories: (i) Foreign Service Reserve officers, who, in competition with Foreign Service officers, are either recommended for promotion or ranked in the upper percentage groups of their class; (ii) Foreign Service Staff officers who are recommended for consideration for lateral entry by a Staff Officer Selection Board, whose performance has been consistently of a high caliber, and whose background, experience, and general qualifications indicate they can contribute to the Foreign Service Officer Corps and compete favorably with Foreign Service officers; (iii) Civil Service officers in the Department and domestic Foreign Service Reserve officers who are serving in positions to which Foreign Service officers are normally assigned, who have superior records, and who can be expected to make substantial contributions to Foreign Service work and compete favorably with Foreign Service officers. (2) The Department also considers highly qualified applicants from other agencies of the Government and from outside the Federal service who meet the statutory and other eligibility requirements and for whom there has been a certification of need as an additional Foreign Service officer. Appointments from these sources for the limited vacancies available are made on a competitive basis to fill specific Service needs after assuring that the vacancies cannot be filled by Foreign Service officers already in the Foreign Service Officer Corps. (e) Method of application. Applicants for lateral entry must complete Standard Form 171. Personal Qualifications Statement, and Form DSP-34, Supplement to Application for Federal Employment, and forward them to the Board of Examiners for the Foreign Service, De partment of State. Application is made for a Foreign Service officer appointment under the lateral entry provisions of section 517 of the Foreign Service Act, but not for a class. The Board establishes a file for each applicant, placing therein all available documentation of value in evaluating the applicant's potential for appointment as a Foreign Service officer. The file is reviewed initially to determine if the applicant meets the statutory and other eligibility requirements and to assess his skills relative to the needs of the Service. The examination of candidates is based on the needs of the Service for specific skills and experience. (f) Examination for lateral entry—(1) General. The filing of an application with the Board of Examiners for the Foreign Service does not in itself entitle an applicant to examination. The decision whether to proceed with an oral examination, as well as with a detailed background investigation, is made by the Board of Examiners after determining eligibility for appointment, medical qualifications, and a thorough review of the applicant's qualifications. Each applicant's background, experience, performance, and other related documentation are carefully studied and evaluated. Careful consideration is given to the functional needs of the Service in making this assessment. A certification of need to the Board of Examiners by the Department's personnel management authorities is required before proceeding further with the examination. An oral examination is granted only in those cases where the applicant is found to possess superior qualifications, proven ability, and, at the middle levels, high potential for advancement. (2) Class of appointment. In determining the class at which candidates are considered for appointment, the initial presumption is that the candidate is eligible for examination for the Foreign Service officer class which equates with his salary level at the time of examination. In evaluating qualifications, and in conducting oral examinations, panels carefully assess candidates to determine whether their total qualifications compare favorably with officers at their current class level. However, the Board of Examiners, at its discretion, may certify a candidate for appointment as a Foreign Service officer at a class other than that equating to his salary in those instances where the Board determines that the candidate's qualifications clearly warrant such action. A candidate's total qualifications, as evaluated by the examing panels and the Board, will have an important bearing on the decision to certify a candidate for appointment at a class other than that which equates to his current salary. (3) Application validity and termination. If an applicant is not called for examination within 2 years from the date of his application, or, if based on the qualifications review, it is decided not to proceed further with his candidacy, or if he is not certified as a successful candidate following examination, his candidacy will be terminated. He may, however, reapply after 12 months by submitting a new application. (4) Purpose of examination. The purpose of the examination is to determine an applicant's competence to perform the function or functions for which he is being considered and his fitness for a Foreign Service career. (5) Nature of examination—(i) Medical. A medical examination is required for the applicant and his dependents who will reside with him on tours abroad. Each applicant and his dependents shall meet the physical requirements for full Foreign Service duty. Normally, failure to meet the medical requirements will preclude appointment as a Foreign Service officer. In exceptional cases, the Director General may grant a waiver of the physical requirements in the interest of the Service. (ii) Security. Each applicant shall have demonstrated his loyalty to the Government of the United States and his attachment to the principles of the Constitution. A background investigation shall be conducted or appropriate security clearance shall be assured. (iii) Qualifications evaluation. An evaluation is made of the education, training, experience, and work performance of the applicant based on his application forms, records of performance, interviews, background investigative reports, and other available information. A record of successful performance overseas is not a lateral entry prerequisite, but is considered an additional favorable factor in evaluating an applicant. (iv) Oral examination. (a) Candidates recommended for further consideration after completion of the qualifications review and evaluation outlined in subparagraph (1) of this paragraph and subdivision (iii) of this subparagraph are given oral examinations by a panel of deputy examiners appointed by the Board of Examiners from a roster of Foreign Service officers, Civil Service officers of the Department, officers of other Federal agencies, and from members of the public. The panel shall include at least one officer from the same professional specialty as that for which the applicant is being examined. (b) The oral examination is normally given in Washington, but may, in exceptional circumstances, be given at Foreign Service posts selected by the Board of Examiners, but not at the candidate's post of assignment. (v) Findings of examining panels. Determinations of duly constituted panels of examiners and deputy examiners are final, unless modified by specific action of the Board of Examiners for the Foreign Service. (g) Certification for appointment. After completion of all aspects of the examination, the Board of Examiners certifies for appointment successful candidates specifying the class and salary for which they are found qualified. [Dept. Reg. 108.592, 33 F.R. 10845, July 31, 1968] § 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 wilfully 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 therof 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 malversation 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 of 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). 1 23 2 3 Description of service a. For each search for a record and for making a copy or extract thereof, by photostat or c. For each copy in excess of the 25 copies of each page. (This fee does not apply to such customary activities as issuance of copies of records (1) from supplies kept for distribution, such as press releases and information leaflets; (2) as part of normal and generally reciprocal services performed by the Library of the Department at the request of similar agencies or institutions: or (3) in lieu of or as enclosures to letters with the purpose of saving costs in preparing mail.) (The routine servicing of requests of persons having permission to do research in For each signed statement of negative result of a search for a record (Item 1 above). (Fees for searching and for copying, if required, are an additional charge under Item 1.) 5 Any service described in Items 1, 2, 3, or 4 above, when a. Required for officials use by an agency of the Federal Government or of any of the Required for official use by a foreign government, or by an international agency of Performed in response to a subpoena or other order of a court. (However, fees are charge- Performed in providing to a party in interest, one copy of the transcript of a hearing Fee $2.00 .60 20 1.00 1.00 2.50 No fee No fee No fee No fee No fee Performed in providing to a near relative or legal representative, one copy under seal No fee [22 F.R. 10790, Dec. 27, 1957, as amended by Dept. Reg. 108.572, 32 F.R. 16212, Nov. 28, 1967] § 21.2 Requesting services and forward ing remittances. (a) Request for services, accompanied by remittance of the exact total fare chargeable (as well as by a stamped addressed return envelope if certified mail, registered mail, air mail, or special delivery mail service is desired), shall be addressed to the Authentication Officer, Department of State, Washington, D.C. 20520. (b) Remittances shall be in the form either of (1) check or bank draft drawn on a bank in the continental United States, or (2) postal money order, or (3) cash. Remittances shall be made payable to the order of the Department of State. The Department will assume no responsibility for cash which is lost in the mail. (c) Fees must be paid in full prior to issuance of requested documents. If uncertainty as to the existence of a record, or as to the number of sheets to be copied, precludes remitting the exact fee chargeable with the request the Department of § 21.4 Schedule of fees (Passport Office). Item No. State will inform the interested party of the exact amount required. § 21.3 Effective date. The charges hereby established will become effective on July 1, 1956 with respect to all services rendered pursuant to requests received in the Department of State on or after the effective date. Description of service 1 2 Granting of Exception under 22 CFR 53.3(h). Fee $25.00 10.00 this tariff, in coin of the United States or at its representative value in exchange (22 U.S.C. 1202). For definition of representative value in exchange, see § 23.4 of this chapter. No fees named in this tariff shall be charged or collected for the official services to American vessels and seamen (22 U.S.C. 1186). The term "American vessels" is defined to exclude, for the purposes of this tariff, undocumented American vessels and the fees prescribed herein shall be charged and collected for such undocumented vessels. However, the fees prescribed herein shall not be charged or collected for American public vessels, which includes any vessel owned or operated by a United States Government department or agency and engaged exclusively in official business on non-commercial basis. This tariff shall be kept posted in a conspicuous place in each Foreign Service office, subject to the examination of all persons interested therein (22 U.S.C. 1197). а PASSPORT AND CITIZENSHIP SERVICES 1. Execution of application for passport (22 U.S.C. 214). 2. Examination of passport application executed before a foreign official_. 5. Issuance of certificate or card of identity and registration___ 6. Execution of application for or issuance of passport Fee $2.00 $1.00 $10.00 $3.00 (a) to officers or employees of the United States proceeding abroad or return- No fee No fee No fee. (d) to employees of the American National Red Cross proceeding abroad as a No fee |