of the remains and the personal effects, should be paid out of the cash resources of the personal estate taken into possession by the consular officer; namely, money found among the personal effects, proceeds of the sale of the perishable property, or funds received through the collection of debts owed the decedent. See § 72.32 in regard to the personal estate in another consular district. Any doubtful claim against the estate should be referred to the legal representative or other authorized person for consideration; a claim for damages for a negligent or wrongful act of the decedent is not a debt to be paid by the consular officer unless it has been reduced to judgment.

(b) When cash resources are insufficient. In the event that the cash resources of the personal estate are not sufficient to pay the debts owing in the country in which the death occurred, or in the country in which the decedent was residing at the time of death, the consular officer should endeavor to obtain sufficient funds from the legal representative, next of kin or other interested person. See § 72.32 concerning funds found in another consular district. Fees are not charged on funds so furnished (§ 72.53). If sufficient funds cannot be assembled from the foregoing sources, the consular officer should sell at auction (see § 72.37), such portion of the personal estate as may be necessary to pay the debts and expenses. Should occasion arise for sale of motor vehicles, airplanes or powered watercraft, title to which and liens upon which in the United States and almost universally are matters of official record, care should be taken to conform with applicable registration requirements. Articles which are most marketable, and at the same time least likely to be desired by the heirs of the decedent, should be sold first. Jewelry, heirlooms and articles which may have sentimental value to relatives, regardless of intrinsic value, should be sold only in case of necessity, and in the order named. Members of the decedent's family should be notified of the necessity for the sale, if practicable, in order that they may purchase these articles if they desire. Proceeds from the sale are regarded as forming part of the personal estate and should be included in the gross amount thereof for the assessment of Foreign Service fees (see § 72.52).

§ 72.41

Consular officer not to perform legal services or to employ counsel. Owing to the legal restriction against engaging in foreign business or professional activity (22 U. S. C. 805), the consular officer shall not act as attorney or agent for the estate. Neither shall he employ counsel at the expense of the United States Government, or the estate, in collecting and disposing of the personal estate of a deceased citizen. If legal assistance is requested of the consular officer, he may furnish the names of several attorneys or inform the inquirer as to sources through which the names of suitable attorneys may be obtained.

§ 72.43 Conditions under which estate

can be released by consular officer. The consular officer is responsible to the United States court having probate jurisdiction over the estate and to the parties in interest for the personal estate in his possession. He must be prepared to deliver the estate to, or otherwise dispose of it according to the wishes of, the legal representative of the decedent upon the presentation of satisfactory evidence of the latter's right to receive the estate, and upon the payment of the prescribed Foreign Service fees (§ 72.52). Determination of what constitutes satisfactory evidence of a claimant's right to the personal estate of a deceased citizen is also the responsibility of the consular officer. The consular officer, therefore, must satisfy himself that the evidence which he accepts is sufficient to relieve him as provisional conservator. Friends, traveling companions, employers, and business associates are not competent to relieve the consular officer of the duties and responsibilities enumerated in the regulations in this part, unless duly authorized as legal representatives of the estate (see § 72.18). Satisfactory evidence of a claimant's right to the personal estate of a decedent may be supplied in the manner indicated in § 72.44.

§ 72.44 Evidence of claimant's right to

estate.

(a) Letters testamentary. A certified copy of the letters testamentary (an instrument issued by a court of law under which a person, named as executor by a will, formally takes charge of the estate and proceeds to carry out the directions in the will) is prima-facie evidence of the executor's right to take possession of the personal estate.

(b) Letters of administration. A certified copy of the letters of administration (an instrument issued by a court of law in intestate proceedings appointing an administrator to take charge of the property of a decedent) is primafacie evidence of the administrator's right to take possession of the personal

estate.

(c) Affidavit of next of kin. When a decedent dies intestate, and the personal estate consists only of clothing and similar personal effects appraised at little or

no commercial value, or in cases where the consular officer is fully satisfied of the legal right of the claimant and the value of the estate does not warrant the expense of probate proceedings, he may be justified in considering as satisfactory evidence an affidavit executed by the decedent's next of kin. The affidavit of the next of kin should be corroborated by the sworn statements of two persons acquainted with the affiant and familiar with the facts of the case. In any event, the consular officer must satisfy himself of the legal right of the claimant or claimants to the decedent's effects before releasing the property that he has in his possession, and he must decide whether an affidavit is acceptable in lieu of a certified copy of the letters testamentary or the letters of administration.

§ 72.45 Shipment of personal estate to the United States.

(a) When the consular officer is requested to ship to the United States the personal estate in his possession, he should deliver it to a forwarding company selected by the legal representative. Clearance by Customs in the United States will be facilitated if the personal estate is accompanied by a consular certificate identifying it and indicating its nature. If the entire shipment is covered by a single bill of lading, a certificate attached to the original bill of lading covering the shipment would be sufficient; otherwise a certificate should accompany each parcel, box or case.

(b) Extra copies of the bill of lading can serve as a receipt from the forwarding company, one copy to be attached to the consular officer's final statement of account (§ 72.50), and one copy to be retained in the office files. If shipment by registered or insured parcel post, or by other safe means covered by receipt, is possible, there is no objection to forwarding the estate in this fashion, and postal or other receipts should be disposed of in the manner described above, with the original attached to the final statement of account. The personal effects of Foreign Service personnel (see § 72.27) and of personnel of other Government agencies (except Department of Defense and Coast Guard personnel) should be consigned to the United States despatch agent at the port of entry, for forwarding to the legal representative.

§ 72.46 Consular action on disagreements between claimants.

If rival claimants or administrators (administrators may be appointed in different jurisdictions) demand the personal estate in the consular officer's possession, he should refuse to deliver the estate until an agreement has been reached, or judgment rendered, as to which claimant or administrator should receive it, and the consular officer so informed in writing. If, after one year, agreement has not been reached between rival claimants, or judgment rendered, the consular officer should notify all parties concerned and sell the entire personal estate at auction in the manner prescribd by § 72.37, with the exception of jewelry, heirlooms, and articles which may have sentimental value to relatives, regardless of intrinsic value. Should any of the personal property not have been taken into physical possession previously (see § 72.29), the consular officer should take possession of such property and, after preparing a supplementary inventory in the manner prescribed in §§ 72.35 and 72.36, include this portion of the estate with that already in his possession. The proceeds

of the sale should be converted into United States dollars and, after payment of local debts (§ 72.39) and collection of the fee prescribed by § 72.52, should be transmitted, with any unsold portion of the estate in the consular officer's possession, to the Department of State for forwarding to the General Accounting Office for safekeeping and lawful disposition as conservator of the estate (22 U. S. C. 1175).

§ 72.47

Consular action on unproved claim to estate.

If the evidence of a claimant's right to receive the estate is not considered sufficient to relieve the consular officer of his responsibility as provisional conservator, he may elect a period of time, not less than one year from the date of the decedent's death, within which settlement must be effected, in order to obviate interminable delay in disposing of the estate. In the consular officer's discretion, he may before releasing the estate, require the claimant to give bond in an amount fixed by the officer himself and to run for such period of time as he may designate, in order to protect himself against other possible claims against the estate. If claim to

If, after the expiration of one year from the date of the decedent's death, a legal representative has not appeared to claim the estate, the consular officer should dispose of the entire personal estate in the manner prescribed by § 72.46.

§ 72.49 Disposition of estate upon departure of responsible officer.

(a) Responsibility vested in officer, not post. For the purpose of the regulations in this part, the consular officer who actually takes possession and disposes of the personal estate of the deceased, i.e., the officer whose signature appears on the inventory of effects, is considered to be the responsible officer. Consequently, upon his departure from the post, either on transfer or extended leave, provision should be made for the disposition of any estate remaining unsettled at the time of his departure.

(b) Procedure when estate held for less than one year. When the personal estate is held less than one year, the personal effects in the departing officer's possession should be turned over to another officer at the post against a receip therefor, in triplicate, indentifying the property and cash on hand by reference to the inventory (§§ 72.35 and 72.36) and the trust fund records of the post.

(c) Procedure when estate held for more than one year. When the estate has been held for more than one year, the personal effects in the departing officer's possession should be forwarded to the Department for transmission to the General Accounting Office in the manner prescribed by § 72.46 and accounted for in accordance with § 72.50 unless circumstances as described in §§ 72.46 and 72.47 warrant continuing efforts to effect agreement between rival claimants, or to establish an unproved claim. If the estate is not forwarded to the Department, it should be turned over to another officer at the post in the same manner authorized by paragraph (b) of this section.

§ 72.50 Final statement of account.

The consular officer must account directly to the parties in interest and to the courts of law in estate matters. Consequently, he must keep an account of receipts and expenditures for the personal estate of the deceased; i. e., debit all moneys and effects which actually come into his possession, and credit all payments made on account of the estate. At such time as the consular officer is ready to deliver the estate, he should prepare his final statement of account, entering thereon the balance delivered to the legal representative or person designated by him (with name and address stipulated) or the balance forwarded to the Department for transmission to the General Accounting Office.

§ 72.51 Preparation and disposition of final statement of account.

The final statement of account should be prepared in quadruplicate. All copies should be signed by the accountable officer and the consular impression seal impressed on each copy, and should be disposed of in the following manner:

(a) The original should be sent to the legal representative with the final balance due the estate;

(b) One copy retained in the office files; and

(c) Two copies, under cover of a despatch, submitted to the Department (one copy for transmission to the General Accounting Office).

In all cases where the residue of the personal estate is to be transmitted to the General Accounting Office for safekeeping and disposition (see §§ 72.46 to 72.48), the original should be sent to the Department, together with the two copies normally submitted, accompanied by a despatch giving detailed information concerning the efforts made by the consular officer to deliver the personal effects to a legal representative or other authorized person. Any information concerning the last known address of the decedent in the United States should also be supplied.

$ 72.52 Fee services.

The fee prescribed by Item No. 46 of the Tariff of the United States Foreign Service Fees constitutes the first charge

against the personal estate and should be assessed on the gross value of the estate in the consular officer's possession (§ 72.38). The consular officer should collect a fee of $2.00 for each $100 of the total value, or fraction thereof, for taking into possession as provisional conservator, inventorying, selling and finally disposing of the personal estate of a deceased citizen in the manner prescribed by the regulations in this part. The personal estate should not be released until the fee has been collected.

§ 72.53 No-fee services.

Fees are not chargeable:

(a) For placing the official seal upon real or personal property or on the effects of the decedent, or for breaking or removing such seals (§ 72.29);

(b) On funds furnished by relatives or other interested persons to cover expenses incident to the death and disposition of the remains, or for the settlement of the estate (§ 72.39 (b));

(c) On securities and other instruments not negotiated (or not negotiable) by the consular officer (§ 72.28 (g)), or on bank deposits;

(d) For releasing on the spot against memorandum receipt and without occasion either for safekeeping on official accountability or for consular inventory and appraisal, to the legal representative or other authorized person in the country, of personal property taken into nominal possession for the explicit purpose of transfer of custody (§ 72.29 (a)). Estates of Government personnel exempt from fee assessments. The personal estates of all officers and employees of the United States who die abroad while on official duty, including military and civilian personnel of the Department of Defense and United States Coast Guard (see §§ 72.23 and 72.24) are exempt from the assessment of any Foreign Service fees.

§ 72.54

(a) The term "vessel" includes every description of water craft or other contrivance used, or capable of being used, as a means of transportation on water, but does not include seaplanes or other aircraft.

(b) "American vessel" means any United States-owned vessel which is not registered under the laws of a foreign government. American vessels are classified as American public vessels, vessels of the United States, and American undocumented vessels.

(c) "American public vessel" means any vessel owned or operated by a United States Government department or agency and engaged exclusively in official business on a non-commercial basis. (d) "Vessel of the United States" means any vessel documented under the laws of the United States.

(e) "American undocumented vessel" means any American vessel, other than an American public vessel, which is not documented under the laws of the United States. River or inter-island craft operating in foreign waters often fall in this category.

(f) "Foreign vessel" means any foreign-owned vessel, or any vessel regardless of ownership, which is documented under the laws of a foreign country.

(g) "Master" means any person having command of a vessel.

(h) The term "crew of a vessel" includes every person employed in any capacity on a vessel in pursuance of some contract or arrangement with the owner or master, but excludes laborers or other persons hired locally for work aboard ship while the vessel is in port.

(i) "Seaman" means any person employed as a member of the crew of a vessel.

(j) "American seaman" means any seaman, regardless of nationality, who has this status (see § 81.6).

(k) "Alien seaman" means a seaman of foreign nationality who does not have status as an American seaman.

(1) "Passenger vessel" means any vessel authorized to carry more than twelve persons in addition to the master, the crew, or other persons employed or engaged on board a vessel in any capacity connected with the business of the vessel.

(m) "Classification society" means an organization for establishing safe minimum standards for the strength of the hull and the reliability of the machinery of a vessel. Classification societies are quasi-governmental. The American classification society is the American Bureau of Shipping; the British, Lloyds Register; the French, Bureau Veritas.