Item No. SERVICES RELATING TO VESSELS AND SEAMEN-continued 31. Extending marine protest, when required by master of a foreign or an undocumented vessel__ If it exceeds 200 words, for every additional 100 words or fraction thereof____ 32. Protest of master against charterers or freighters, when required by master of a foreign or an undocumented vessel_ 33. Shipment or discharge of seaman on undocumented vessel, each seaman_. 35. Issuance of provisional certificate of registry or certificate of American owner- 36. Services under this tariff (unless designated "no exceptions") when performed Fee $10.00 $1.00 $5.00 $2.00 $10.00 $5.00 No fee NOTARIAL SERVICES AND AUTHENTICATION 45. Administering an oath and certificate thereof___ 46. Taking the acknowledgment of the execution of a document, and certificate thereof 47. Certifying under official seal that a copy or extract made from an official or a private document is a true copy. (Fees for copying, if required, are an additional charge under item 75.) $2.50 $2.50 48. Certifying to official character of a foreign notary or other official (i. e., authenticating a document) 49. Administering oaths, taking acknowledgments, or supplying authentications, in 50. Administering an oath and certificate thereof for petition for immediate relative, 52. For affidavit of petitioner or his agent on documents or evidence to be presented (Items number 53 and 54 vacant.) 55. Noting of a negotiable instrument for want of acceptance or payment, certifying to protest, and giving notice to issuer and endorsers when requested to do so. (In addition to this fee the consular officer should charge under item 85 for time spent outside the consular office in presentment of the instrument for acceptance or payment.) (Items number 56 and 57 vacant.) 58. Services under this heading "Notarial Services and Authentications," when (a) in connection with the execution of forms or documents required by $1.00 $2.50 $2.50 $2.50 $2.50 $2.50 $5.00 No fee (b) in connection with the assignment and transfer of United States bonds (c) to claimants and beneficiaries and their witnesses, in connection with (d) in the execution of tax returns for filing with the Federal or State (e) to American citizens, while outside the United States, in preparation (g) to an official of a foreign government in circumstances where furnish- Item No. SERVICES RELATING TO TAKING OF EVIDENCE 65. In taking depositions or executing commissions to take testimony (for ad- (a) for the services of the diplomatic or consular officer, including com- (b) for the services of the diplomatic or consular officer, as above, for (c) for the services, if required, of a staff member of the Foreign Service (d) stenographic and typing service when supplied by the Foreign Service 66. Executing commissions to take testimony in connection with foreign documents 67. Providing seal and certificate for return of letters rogatory executed by foreign officials (Items number 68 and 69 vacant.) Fec $15.00 $10.00 $4.00 $1.00 No fee $5.00 DECEDENT'S ESTATES 70. Taking into possession under 22 U. S. C. 1175 the personal estate of any citizen who shall die within the limits of a consular district, inventorying, selling, and finally disposing thereof according to law, for each $100 of inventory value or fraction thereof.. 71. Service as described under item 70 above, when performed in the case of a 72. Placing or removal of official seal on estates of decedents; for disbursing funds $2.00 No fee No fee COPYING, RECORDING AND PROCTORING 75. Copies made by typewriter (letter-size, double-spaced page or equivalent), photostat or otherwise— (a) a copy or extract thereof, single page....... $2.00 (b) for each additional copy of the first page, for 25 copies or less; for $0.60 (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 (Items number 76 and 77 vacant.) 78. Supervising or proctoring an examination at the request of an agency or instrumentality of the Federal or a State Government by a consular or other officer, including completion of a certificate without seal, for each hour or fraction thereof, unless the cost thereof is reimbursable to the Department of State by an agency or instrumentality of the Federal or a State Government--(Items number 79 through 81 vacant.) $0.20 $5.00 Item No. DEPARTMENTAL SERVICES FOR WHICH COLLECTION IS EFFECTED AT FIELD POST 82. Services described in the Departmental "Schedule of Fees" (§ 21.1) when collection is effected at a Foreign Service post. (The fee prescribed in the Departmental "Schedule of Fees".) EXEMPTION FOR FEDERAL AGENCIES AND CORPORATIONS 83. Any and all services (unless above designated "no exceptions") performed for the official use of the Government of the United States or of any corporation in which the Federal Government or its representative shall own the entire outstanding capital stock_. (Item number 84 vacant.) SERVICES RENDERED OUTSIDE OF OFFICE 85. Additional fee for services of officer under the above headings Passport and Citizenship Services, Visa Services for Aliens, Notarial Services and Authentications, and Services Relating to Taking of Evidence, when rendered elsewhere than at a Foreign Service office at the request of the interested parties, for each hour or fraction thereof__ Remittances to Foreign Service posts from persons in the United States in payment of official fees and charges or for the purpose of establishing deposits in advance of rendition of services shall be in a form acceptable to the post, drawn payable to the "American Embassy at [name of city]" (or American Legation, American Consulate General, or American Consulate, as the case may be). This will permit encashment of negotiable instruments by the post when necessary. For method of endorsement of instruments for deposit in the Treasury, when not negotiated locally, see § 23.2 of this chapter. Fee No fee $4.00 a register maintained for the purpose (22 U.S.C. 1192, 1193, and 1194). The register serves as a record of official acts performed by officers of the Foreign Service in a governmental or notarial capacity, corresponding in this regard with the record which notaries are usually expected or required to keep of their official acts (see § 92.2) of this chapter. § 22.4 Refund of fees. Fees which have been collected for deposit in the Treasury are refundable (a) as specifically authorized by law (see 22 U.S.C. 214a concerning passport fees erroneously charged persons excused from payment, 22 U.S.C. 216 concerning passport fees in cases where the appropriate representative in the United States of a foreign government refuses a visa, and 46 U.S.C. 8 concerning fees improperly imposed on vessels or seamen), (b) when the principal officer at the consular post where the fee was collected (or the officer in charge of the consular section at a combined diplomatic consular post) finds upon review of the facts that the collection was erroneous upon the part of the officer under applicable law and regulation and directs that refund be made, or (c) when a finding that the collection was erroneous under applicable law and regulation is made by the Department of State with a view to payment of the refund in the United States in cases in which it is impracticable to have the facts reviewed and refund effected at the direction of the responsible consular office. See § 13.1 of this chapter concerning refunds of fees improperly exacted by consular officers who have neglected to return the same to the Treasury. § 22.5 Time at which fees become payable. Fees are due and payable prior to issuance or delivery to the interested party of a signed document, a copy of a record, or other paper representative of a service performed. § 22.6 Deposits to guarantee payment of fees or incidental costs. When the amount of any fee is determinable only after initiation of the performance of a service, or if incidental costs are involved, the total fee and incidental costs shall be carefully estimated and an advance deposit required, subject to refund of any unused balance to the person making the deposit. § 22.7 Collection and return of fees. or No fees other than those prescribed in the Tariff of Fees, Foreign Service of the United States of America (§ 22.1), by or pursuant to an act of Congress, shall be charged or collected by officers of the Foreign Service for official services performed abroad (22 U.S.C. 1201). All fees received by any officer of the Foreign Service for services rendered in connection with the duties of his office or as a consular officer shall be accounted for and paid into the Treasury of the United States (22 U.S.C. 99, 1942 Edition, as amended by sec. 1131 (26) of the Foreign Service Act of 1946, 60 Stat. 1037, and as modified by 22 U.S.C. 812 of the 1952 Edition). For receipt, registry, and numbering provisions, see § 22.3. State and sent to the Department for action and deposit. (See §§ 21.2, 22.2, and 51.40 of this chapter.) § 23.2 Endorsing_remittances for deposit in the Treasury. The Office of Finance-Cashier Unit, the Authentication Office, the Passport Office or Passport Agency, American Embassy, American Legation, American consular office, or other office or unit of the Department of State authorized and required to deposit funds in the Treasury of the United States, is hereby authorized to endorse, or to have endorsed, to the order of the Treasurer of the United States by appropriate stamp, checks, drafts, money orders, or other forms of remittance, regardless of how drawn, which are for payment to the Department of State for deposit in the Treasury of the United States, including those payable to the Secretary of State. § 23.3 Refunds. (a) Rectifications and readjustments. See $22.4 of this chapter for outline of circumstances under which fees which have been collected for deposit in the Treasury may be refunded. (b) Refund of wrongful exactions. See § 13.1 of this chapter concerning recovery from consular officers of amounts wrongfully exacted and withheld by them. § 23.4 Representative value in exchange. Representative value in exchange for the collection of a fee means foreign currency equivalent to the prescribed United States dollar fee at the current rate of exchange at the time and place of payment of the fee. "Current rate" of exchange for this purpose means the bank selling rate at which the foreign bank will sell the number of United States dollars required to liquidate the obligation to the United States for the Foreign Service fee. of the officer of the Foreign Service, for items such as: (a) Refunds of amounts representing payroll deductions such as for any retirement and disability fund; (b) Amounts due deceased, incompetent, or insolvent persons including payees or bona-fide holders of unpaid Government checks; (c) Amounts claimed from the Government when questions of fact affect either the amount payable or the terms of payment, when for any reason settle ment cannot or should not be affected at the Foreign Service office; and (d) Amounts of checks, owned by living payees or bona-fide holders, which have been covered into outstanding liabilities. The Foreign Service post or the Department of State shall be consulted before preparing the claim to ascertain whether any special form is required to be used. Claims for unpaid compensation of deceased alien employees shall be forwarded to the respective Foreign Service post. SUBCHAPTER D-CLAIMS AND STOLEN PROPERTY AUTHORITY: The provisions of this Part 31 issued under 49 Stat. 906, as amended, sec. 4, 63 Stat. 111, as amended, sec. 2, 70 Stat. 890, sec. 1, 62 Stat, 983, as amended at 80 Stat. 306; 22 U.S.C. 277e, 2658, 2669, 28 U.S.C. 2672; 28 CFR 14.11. SOURCE: The provisions of this Part 31 contained in Dept. Reg. 108.549, 32 F.R. 4020, Mar. 14, 1967, unless otherwise noted. sonal injury, death, and property loss or damage capable of administrative settlement under the Federal Tort Claims Act (28 U.S.C. 2672), as amended and the act of August 1, 1956 (5 U.S.C. 170g), and claims for property loss or damage cognizable under the act of June 19, 1939 (22 U.S.C. 277e), and to authorize certain officers of the Department of State and of the U.S. Section, International Boundary and Water Commission, United States and Mexico, to consider, ascertain, adjust, determine, and settle such claims. § 31.2 Delegation of authority. The Legal Adviser and the Deputy Legal Advisers are authorized to consider, ascertain, adjust, determine, and settle claims capable of administrative settlement under the Federal Tort Claims Act and the act of August 1, 1956, except claims arising out of activities of the Commission. Awards in excess of $25,000 require approval by the Attorney General or his designee. Chief's of mission and principal officers of fiscal reporting posts are authorized to consider, ascertain, adjust, determine and settle claims in an amount of $1,000 or less which are capable of administrative settlement under the act of August 1, 1956, arising out of the activities of their respective establishments. The Commissioner is authorized to consider, ascertain, adjust, determine, and settle claims cognizable under the Federal Tort Claims Act and the act of June 19, 1939, arising out of activities of the Commission. Subpart A-General Provisions § 31.3 Definitions. As used in this part, the term: (a) "Secretary" means the Secretary of State. |