PART 4-NOTIFICATION OF FOREIGN OFFICIAL STATUS

Sec. 4.1 Persons required to give notification. 4.2 Persons exempted from the requirement to give notification.

4.3

4.4

4.5

Form to be used in giving notification.
Form required in duplicate.

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 mem.bers 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

Act.

$ 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.

§ 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. Rules of procedure regarding the following listed matters may be consulted under the corresponding regulations referenced in § 5.4, or obtained upon application to the offices listed below. Forms pertaining to the following listed matters, and instructions relating thereto may also be obtained at the offices indicated below.

NW., Washington, D.C. 20520.

Department of State, Room 1237, 2201 C Street NW., Washington, D. C. 20520.

Passport Office....

Visa Office..

Washington, D.C. 20520.

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.

§ 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.

(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 Officers. 22 CFR 11 et seq.

Service

(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.

6.7

6.8

6.9

Manner of requesting records.

Schedule of fees and method of payment

for services rendered.

Access to classified foreign policy records for nonofficial research purposes.

AUTHORITY: The provisions of this Part 6 issued under sec. 4, 63 Stat. 111, as amended, sec. 501, 65 Stat. 290; 22 U.S.C. 2658, 31 U.S.C. 483a, 5 U.S.C. 552, E.O. 10501; 18 F.R. 7049, 3 CFR 1949-53 Comp., page 979.

SOURCE: The provisions of this Part 6 contained in Dept. Reg. 108.584, 33 F.R. 7079, May 11, 1968, unless otherwise noted.

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.

66-045--72

(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.

§ 6.6 Public reading room.

A public reading room or area where the records described in § 6.3 shall be made available is located in the Department of State, 2201 C Street NW., Washington, D.C. The receptionist will refer the applicant to the proper room. Fees will not be charged for access by the public to this room or the records contained therein, but fees in accordance with § 6.8 will be charged for furnishing copies thereof.

§ 6.7 Manner of requesting records.

(a) Identifiable records may be requested by the public in person from 10 a.m. to 4 p.m., Department of State, 2201 C Street NW., Washington, D.C., where the receptionist will refer the applicant to the proper office for service and the necessary forms for making a request. Requests by mail should be addressed to the Chief, Records Services Division,

Department of State, Washington, D.C. 20520.

(b) In view of the decentralized nature of the files of the Department of State, it will generally not be possible to make the requested records available immediately upon request. Records will be made available as promptly as is reasonable under the particular circumstances involved.

(c) Original or record copies of records will not be permitted to leave the custody of the lawful custodian thereof. Copies, duly certified upon request, will be furnished in lieu thereof in accordance with established fees.

(d) Requests relating to records of any other Federal agency, copies of which are on file in the Department of State, will normally be referred to that agency for consideration.

(e) The burden of adequately identifying the record so requested lies with the requesting person. Such person may seek appropriate assistance from the Chief, Records Services Division, or a member of his staff, in identifying the record sought.

$3.50

(1) Searching for records, per hour or fraction thereof. (This charge must accompany request and will be retained whether or not an identifiable records is located.) ––. (2) Other facilitative services and index assistance-minimum charge, per hour or fraction thereof____ 3.50 (3) Copies made by photostat or otherwise (per page).

(4) Certification of each record as a true copy--

(5) Certification of each record as a true copy, under seal of Department

(6) For each signed statement of negative result of search for record__ (7) For each signed statement of nonavailability of record..

.40

75

1.00

1.00

No fee.

(b) Fees for services performed other than under this part, as described in § 6.2 (b), will be charged in accordance with Parts 21 and 22 of this chapter.

(c) When no specific fee has been established for a service, or the request for a service does not fall under one of the

above categories due to the amount or size or type thereof, the Chief, Records Services Division is authorized to establish an appropriate fee pursuant to the criteria established in Bureau of the Budget Circular No. A-25, entitled "User Charges."

(d) When a request for identifiable records is made by mail pursuant to § 6.7(a), it should be accompanied by remittance of the total fee chargeable, as well as a self-addressed stamped envelope, if special mail services are desired.

(e) Fees must be paid in full prior to issuance of requested copies. If uncertainty as to the existence of a record, or as to the number of sheets to be copied or certified, precludes remitting the exact fee chargeable with the request, the Department of State will inform the interested party of the exact amount required.

(f) Remittances shall be in the form either of a personal check or bank draft drawn on a bank in the continental United States, a postal money order, or 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.

(g) A receipt for fees paid will be given only upon request. Refund of fees paid for services actually rendered will not be made.

§ 6.9

Access to classified foreign policy records for nonofficial research purposes.

(a) General policy. (1) The Department permits access to its classified foreign policy records by individuals engaged in private research as liberally as possible, consistent with the national interest, the maintenance of friendly relations with other nations, the efficient operation of the Department, and the administrative feasibility of servicing requests for access to records.

(2) Former incumbants of senior positions within the Department shall be accorded access to records relating to their own activities, except in those cases where the Secretary of State determines that such access would not serve the national interest. Such persons enjoying access to sensitive materials may be required to submit their notes for clearance by the Department prior to