AUTHORITY: §§ 13.1 to 13.4 issued under sec. 302, 60 Stat. 1001; 22 U. S. C. 842. SOURCE: 13.1 to 13.4 appear at 22 F. R. 10789, Dec. 27, 1957. § 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. § 13.2 Embezzlement. 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 willfully 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 thereof 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 or vice consul falsely and knowingly certifies 1 2 3 4 5 § 21.1 Schedule of fees. Description of service Fee a. For each search for a record and for making a copy or extract thereof, by photostat or b. For each additional copy of the first page, for 25 copies or less, for each copy of the 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.) Any service described in Items 1, 2, 3, or 4 above, when a. Required for official 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 Performed in providing to a party in interest, one copy of the transcript of a hearing Performed in providing to a near relative or legal representative, one copy under seal § 21.2 Requesting services and forwarding remittances. (a) Request for services, accompanied by remittance of the exact total fee 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 Authen 1.00 1.00 2.50 No fee No fee No fee No fee No fee No fee tication Officer, Department of State, Washington 25, D. C. (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 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. 22 U. S. C. 811a, E. O. 10718, 22 F. R. 4632, 3 CFR, 1957 Supp. SOURCE: §§ 22.1 to 22.7 appear at 22 F. R. 10790, Dec. 27, 1957. § 22.1 Tariff of fees, Foreign Service of the United States of America. (a) Officers of the Foreign Service shall charge for official services performed abroad at the rates prescribed in 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 a 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). 5. Issuance of certificate or card of identity and registration, or card of identification for use on the Mexican border. 6. Issuance or renewal of passport (a) to officers or employees of the United States proceeding abroad or returning to the United States in the discharge of their official duties, or members of their immediate families (22 U. S. C. 214). (b) to seamen when employed as such on American vessels (22 U. S. C. 214) (c) to widows, children, parents, brothers, and sisters of American soldiers, sailors, or marines buried abroad, whose journey is for the purpose of visiting graves of such soldiers, sailors, or marines (22 U. S. C. 214) – 7. Amendment of passport.. 8. Verification of passport.. 9. Execution of application for registration___. PASSPORT AND CITIZENSHIP SERVICES Item No. Fee 1. Execution of application for passport-no exceptions (22 U. S. C. 214) $1.00 2. Examination of passport application executed before a foreign official. $1.00 3. Issuance of passport (22 U. S. C. 214) $9.00 4. Renewal of passport (22 U. S. C. 217a). $5.00 $1.00 No fee No fee No fee No fee No fee No fee 10. Execution of affidavit in regard to American birth in connection with application for registration or for passport No fee 11. Administering the oath of allegiance to a native-born American woman who lost her citizenship solely by marriage to an alien... No fee 12. For delivery to the applicant of a certified copy of an executed form (a) of repatriation of a native-born American woman whose marital status $5.00 $5.00 Item No. PASSPORT AND CITIZENSHIP SERVICES-Continued 12. For delivery to the applicant of a certified copy of an executed form-Continued (c) of repatriation under the act of July 20, 1954 (8 U. S. C. 1438 Supp.), of a person who while a citizen of the United States lost his citizenship by voting in Japan between September 2, 1945, and April 27, 1952, inclusive 13. Completion of birth and death reports in number of copies prescribed by (a) report of birth of American citizen including the furnishing of one Fee $5.00 No fee No fee (b) report of death of American citizen and sending one copy each to legal representative and to closest known relative or relatives__ 14. Certificate of witness to marriage in quadruplicate. (Charge under item 75 below for any additional copies made and furnished, as well as under item 47 below if certification is furnished of the correctness thereof.) (Item numbers 15 through 19 vacant.) VISA SERVICES FOR ALIENS $3.00 20. Furnishing and verification of application for immigrant visa, including duplicate copy (8 U. S. C. 1351) --. 21. Issuance of each immigrant visa (8 U. S. C. 1351). 22. Furnishing and verification of application and issuance of nonimmigrant visa. (Fees prescribed in Appendix C, Visa Handbook of Department of State, as amended from time to time.) 23. Furnishing and verification of application and issuance of nonimmigrant visa to alien proceeding solely in transit to and from the headquarters district of the United Nations under the provisions of section 11 of the Agreement between the United Nations and the United States of America regarding the headquarters of the United Nations (61 Stat. 756). 24. Visa of alien crew list.. 25. Supplemental visa of alien crew list.. (Item numbers 26 through 29 vacant.) SERVICES RELATING TO VESSELS AND SEAMEN 30. Noting marine protest, when required by a master of a foreign or an undocumented vessel__. 31. Extending marine protest, when required by master of a foreign or an undocumented vessel. $5.00 $20.00 No fee $2.00 No fee $5.00 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.__. $10.00 $1.00 33. Shipment or discharge of seaman on undocumented vessel, each seaman__ 35. Issuance of provisional certificate of registry or certificate of American owner- $5.00 $2.00 $10.00 $5.00 36. Services under this tariff (unless designated "no exceptions") when performed No fee NOTARIAL SERVICES AND AUTHENTICATIONS 45. Administering an oath and certificate thereof.. $2.50 46. Taking the acknowledgment of the execution of a document, and certificate thereof $2.50 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 addi tional charge under item 75.). $1.00 48. Certifying to official character of a foreign notary or other official (1. e., authenticating a document)--- $2.50 49. Administering oaths, taking acknowledgments, or supplying authentications, in connection with application for letters patent or registration of trademarks, or with the assignment or transfer of rights thereunder. $2.50 Item No. NOTARIAL SERVICES AND AUTHENTICATIONS—Continued 50. Administering an oath and certificate thereof for petition for nonquota, tempo- 52. For affidavit of petitioner or his agent on documents or evidence to be presented 55. Noting of a negotiable instrument for want of acceptance or payment, certi- 58. Services under this heading "Notarial Services and Authentications", when (a) in connection with the execution of forms or documents required by Fee $2.50 $2.50 $2.50 $5.00 No fee (b) in connection with the assignment and transfer of United States bonds (e) to American citizens, while outside the United States, in preparation (g) to an official of a foreign government in circumstances where furnish- (Item numbers 59 through 64 vacant.) 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 (d) stenographic and typing service when supplied by the Foreign Service 66. Executing commissions to take testimony in connection with foreign documents No fee No fee No fee No fee No fee No fee $15.00 $10.00 $4.00 $1.00 No fee 67. Providing seal and certificate for return of letters rogatory executed by foreign officials___. $5.00 (Item numbers 68 and 69 vacant.) |