by the prospective sponsor and Part II by the releasing sponsor. Before granting the participant permission to transfer, the District Immigration and Naturalization Service Office concerned will request the views of the Department as to whether the best interests of the international exchange of persons will be served by the transfer in any case in which (1) the applicant is unable to present a Form DSP-66 with Part II duly executed by the current sponsor, (2) it appears that the transfer is solely or principally for the purpose of continuing the residence and employment of the participant in the United States, or (3) the officer cannot perceive clear progress toward a definite objective consistent with the intent and purpose of the Act. (e) Application for change of status from exchange visitor to another nonimmigrant category. Exchange visitors may apply for a change of nonimmigrant classification only to the A (foreign government official) or G (international organization representative, official or employee) classification. Application should be made in behalf of the exchange visitor by the appropriate foreign embassy or international organization to the Department which will certify to the Attorney General that the alien is entitled to the classification requested provided that no objection is perceived in view of the intent and purpose of the Act.

[Dept. Reg. 108.490, 28 F.R. 1630, Feb. 21, 1963, as amended by Dept. Reg. 108.506, 29 F.R. 2784, Feb. 28, 1964]

§ 63.6 Requests for waivers of the foreign residence requirement of section 212(e) of the Immigration and Nationality Act, as amended.

(a) Section 212(e) of the Immigration and Nationality Act, as amended, provides in part that no person admitted under section 101 (a) (15) (J) or acquiring such status after admission shall be eligible to apply for an immigrant visa, or for permanent residence, or for a nonimmigrant visa under section 101 (a) (15) (H) until it is established that such person has resided and been physically present in the country of his nationality or his last residence, or in another

foreign country for an aggregate of at least two years following departure from the United States. It also provides that such residence in another foreign country shall be considered to have satisfied this requirement if the Secretary determines that it has served the purpose and intent of the Act. It further provides that upon the favorable recommendation of the Secretary, pursuant to the request of an interested United State Government agency, or the Commissioner of Immigration and Naturalization after he has determined that departure from the United States would impose exceptional hardship upon the alien's spouse or child (if such spouse or child is a citizen of the United States or a lawfully resident alien), the Attorney General may waive the requirement of such two-year foreign residence abroad in the case of any alien whose admission to the United States is found by the Attorney General to be in the public interest. The provisions of section 212(e) are also made applicable to persons who acquired exchangevisitor status under the United States Information and Educational Exchange Act of 1948, as amended.

(b) An exchange visitor desiring to apply for a waiver shall follow procedures and/or regulations established by the United States Government agency interested in his case.

(c) An applicant for a waiver should arrange for a report on his application to be made by the sponsor or sponsors directly to the interested United States Government agency.

(d) A request for a waiver submitted by an agency of the United States Government to the Secretary for his recommendation shall recite the facts concerning the admission and places and periods of stay in the United States of the exchange visitor and the country of his nationality or last residence; identify his sponsor or sponsors by name and program number; name the place of his intended residence in the United States; state the reason or reasons why the waiver is being requested; and be accompanied by the report of the sponsor or sponsors of his application.

(e) The request must be supported by documentary evidence demonstrating

that issuance of the waiver is in the public interest because the two-year period of residence abroad would (1) impose exceptional hardship upon the exchange visitor's spouse or child (if such spouse or child is a citizen of the United States or a lawfully resident alien), or (2) be clearly detrimental to a program or activity of official interest to an agency of the Government of the United States.

(f) An exchange visitor who wishes to apply for a waiver under paragraph (e) (1) of this section shall apply to the District Director of the Immigration and Naturalization Service having administrative jurisdiction over the alien's place of temporary residence in the United States, or if the exchange visitor is abroad, over his last place of residence in the United States. If, after consideration of an application, the Commissioner of Immigration and Naturalization determines that compliance with the foreign residence requirement would impose exceptional hardship upon the spouse or child who is an American citizen, or permanent resident alien, the request showing such determination shall be submitted to the Bureau of Educational and Cultural Affairs of the Department for the Secretary's recommendation. An exchange visitor who wishes to apply for a waiver under paragraph (e) (2) of this section shall apply to the United States Government agency interested in his case. If the interested agency views his case favorably, it shall transmit its request to the Bureau of Educational and Cultural Affairs of the Department for the Secretary's recommendation.

§ 63.7 Action by the Secretary on requests for waiver of the foreign residence requirement of section 212(e) of the Immigration and Nationality Act, as amended.

Upon receipt of a request from an interested United States Government agency or from the Commissioner of Immigration and Naturalization that the foreign residence requirement of section 212(e) of the Immigration and Nationality Act, as amended, be waived in the case of an exchange visitor, the Secretary shall review the policy, program, and foreign relations aspects of the case and in appropriate instances shall transmit his recommendation to the Attorney General for the latter's finding and consequent action.

§ 63.8 Determination by the Secretary that residence in another foreign country has served the purpose and intent of the Act.

as

(a) In the event that all or part of the two-year period of foreign residence specified in section 212(e) of the Immigration and Nationality Act, amended, was spent in a country or countries other than the country of the exchange visitor's nationality or his last residence, and in the event a waiver as provided in §§ 63.6 and 63.7 has not been obtained, neither an immigrant visa, nor a nonimmigrant visa under section 101 (a) (15) (H) of the Immigration and Nationality Act, nor an adjustment of status under section 245 of the Immigration and Nationality Act, as amended, shall be granted until the Secretary has determined that the residence in such other foreign country or countries has served the purpose and intent of the Act. An information sheet furnishing general guidance on factors which the Secretary will consider in making his determination may be obtained by interested persons from the Bureau of Educational and Cultural Affairs, Department of State. The factors set forth in the information sheet shall not be regarded as binding, conclusive, or inclusive of all circumstances to be considered in arriving at a determination, and shall be subject to change without notice. In no event will a determination be made in any individual case until the two-year period of foreign residence has been completed.

(b) In applying for such determination, the exchange visitor shall submit to the American consular officer having jurisdiction over his visa application or, if the exchange visitor is in the United States, to the District Director of the Immigration and Naturalization Service having administrative jurisdiction over his place of temporary residence in the United States, a written report of the facts in his case, containing as much information as possible along the lines indicated in the information sheet described in paragraph (a) of this section. The report shall be forwarded to the Bureau of Educational and Cultural Affairs, Department of State, together with an pertinent comments of the official forwarding the report. The Secretary shall review the policy, program, and foreign relations aspects of the case and inform the authorities concerned, in writing, of his decision.

§ 71.1

Protection of Americans abroad. Officers of the Foreign Service shall perform such duties in connection with the protection of American nationals abroad as may be imposed upon them by rules and regulations prescribed by the Secretary of State.

§ 71.2 Requests for naval force in foreign port.

Diplomatic representatives and consular officers shall not request the presence of a naval force in a foreign port unless a public emergency so necessitates. The request may be addressed to the officers in command of the naval force, in which event responsibility of action rests with them, or it may be addressed to the Department of State. In either case, the request should contain detailed reasons for its submission.

$71.3 American claimants to foreign estates and inheritances.

Where treaty provisions, local laws, or established usage permit, a consular officer should protect the interests of American citizens claiming foreign estates and inheritances.

§ 71.4 Real property of deceased American citizens.

In the absence of special provisions by treaty the devolution and transfer of real property are covered by the law of the place where the property is situated. When real property is left by the decedent within the country where death occurs, or where the decedent was domiIciled at the time of death, the consular officer, or diplomatic officer, if there be no consular officer, should if feasible informally observe the proceedings and report to the diplomatic mission or the Department any apparent irregularity or unnecessary delay in settling the estate. § 71.5 Storage or safekeeping of private property.

In

Except in a public emergency, no officer of the Foreign Service shall accept private property for storage or safekeeping in the office or for transmission to some other destination, unless it is property belonging to the estate of a deceased American citizen, or property over which the officer has jurisdiction as a result of a catastrophe at sea. public emergencies, officers may accept private property for storage and safekeeping or for transmission to another destination, provided the owner signs a statement to the effect that the property is being accepted for deposit at his request, at his own risk, and with full knowledge that neither the Government of the United States nor any of its officers assumes responsibility therefor. § 71.6 Services for distressed Americans. Officers of the Foreign Service shall extend every possible aid and assistance within their power to distressed American citizens within their districts, but they shall not expend the funds nor pledge the credit of the Government of the United States for this purpose, except in the case of American seamen, or except as authorized by the Department of State.

§ 71.7 Reports on catastrophes abroad.

Whenever a great catastrophe occurs abroad, either on land or on sea,

72.55

72.17 Responsibility of consular agents. 72.18 Responsibility if legal representative is present.

72.19 Responsibility if trustee for personal estate is present.

72.20 Responsibility if "partner in trade" is present.

72.21 Responsibility if will intended to operate locally exists.

72.22 Responsibility if will intended to operate in the United States exists. 72.23 Responsibility in case of Department of Defense personnel.

72.24 Responsibility in case of Coast Guard personnel.

72.25 Responsibility in case of citizens dying on the high seas.

72.26 Responsibility in case of seamen. 72.27 Responsibility in case of Foreign Service personnel.

72.28 Effects to be taken into possession. 72.29 Nominal possessions; property not normally taken into possession. 72.30 Bank deposits in foreign countries. 72.31

Action when immediate possession is impracticable.

72.32 Action when property is in other consular districts.

72.33 Official notification to legal representative.

72.34 [Reserved.]

72.35 Procedure for inventorying and appraising effects.

72.36 Preparation and disposition of inven

tory.

Consular action on disagreements be

tween claimants.

Consular action on unproved claim to estate.

Consular action on unclaimed estates. Disposition of estate upon departure of responsible officer.

Final statement of account.

Preparation and disposition of final statement of account.

Fee services.

No-fee services.

Estates of Government personnel ex

empt from fee assessments.

Estates of citizens dying on the high seas exempt from fee assessments. AUTHORITY: The provisions of this Part 72 issued under R.S. 1709, as amended, sec. 302, 60 Stat. 1001; 22 U.S.C. 1175, 842.

SOURCE: The provisions of this Part 72 appear at 22 F.R. 10841, Dec. 27, 1957, unless otherwise noted.

REPORTING DEATHS OF UNITED STATES
CITIZENS

§ 72.1

Consular responsibility.

(a) A consular officer (or in his absence a diplomatic officer) is responsible for reporting to the Department, to the legal representative, and to the closest known relative the deaths of all United States citizens occurring in his consular district except as otherwise provided in § 72.2. In order that he may be informed of such deaths, the consular officer should enlist the cooperation and assistance of the local authorities and the members of the American community.

(b) A consular agent is not authorized to report the deaths of United States citizens to the Department, to the legal representative and to the closest known relative. The consular agent should, however, immediately report the circum