(d) Disposition of unclaimed property. If the owners of the vessel, cargo, or effects are unknown, the consular officer shall submit a full report to the Department and await instructions before taking further action. Upon receipt of necessary authorization from the Department, a consular officer may dispose of unclaimed merchandise and effects in the manner set forth for the disposition of effects of a citizen of the United States dying abroad.

(R. S. 4238; 46 U. S. C. 721)

§ 86.6 Reports on rescues and heroic conduct. When a consular officer receives authentic information that the master or crew of any vessel, American or foreign, or that any person, has rescued seamen or citizens of the United States from drowning, shipwreck or some other catastrophe at sea, he shall immediately transmit to the Department a detailed report concerning the rescue and shall make recommendations with reference to the giving of rewards to persons who have distinguished themselves in effecting the rescue.

§ 86.7 Seizures of vessels. When a private vessel documented or certificated under the laws of the United States is seized by a foreign country on the basis of rights or claims in territorial waters or the high seas which are not recognized by the United States, and there is no dispute of material facts with respect to the location or activity of such vessel at the time of the seizure, the Secretary of State shall take as soon as practicable such action as he deems appropriate to attend to the welfare of such vessel and its crew while it is held by such country and to secure the release of such vessel and crew. When a vessel is seized under the above conditions and a fine must be paid in order to secure the prompt release of the vessel and crew, the owners shall be reimbursed by the Secretary of the Treasury in the amount certified to him by the Legal Adviser and Deputy Legal Adviser of the Department of State as being the amount of the fine actually paid. These provisions are not applicable with respect to a seizure made by a country at war with the United States or a seizure made in accordance with provisions of any fishing convention or treaty to which the United States is a party. (68 Stat. 883; 22 U. S. C. 19711976, 1952 Ed., Supp. IV)

Claim arising out of seizure of a vessel for the reimbursement of a fine shall be submitted to the Secretary of State. Claim may be filed by the owner of the vessel, or by an authorized agent through the American Consulate. When filed by an agent, the claim must show the title or capacity of the person presenting the claim and be accompanied by evidence of his appointment as a duly authorized agent.

(b) Form of claim. Claim shall be prepared in the form of a sworn statement, in triplicate. It shall contain in narrative form a clear chronological statement of the essential facts relating to:

(1) Name and address of claimant, (2) Citizenship status of claimant, (3) Date and manner of the owner's acquisition of the vessel or other interest therein,

(4) Date and circumstances relating to the seizure of the vessel, including the approximate location of the vessel at the time of seizure, the maner in which such location was determined, and the activities in which it was engaged at the time of seizure,

(5) Date, amount, and circumstances relating to the payment of the fine and the release of the vessel,

(6) Identification of persons, officials or agencies involved in the seizure of the vessel, the payment of the fine, and the release of the vessel; and the dates involved,

(7) Nature, circumstances, and amount of incidental expenses incurred or other losses sustained by the owner as a consequence of the seizure.

(c) Evidence to be submitted by claimant. There shall be attached to the sworn statement of claim documentary evidence consisting of original documents or certified copies thereof to support every allegation in the sworn statement. The documents filed as evidence shall be numbered consecutively and cited by number in the sworn statement in support of which the documents are filed. All evidence shall be filed in triplicate. The original evidence or certified copies thereof shall be attached to the original copy of the claim. Uncertified copies may be attached to the other two copies of the affidavit of claim. All documents in other than the English language shall be accompanied by English

translations. The more important documentary evidence filed in suport of the claim shall include the following:

(1) Articles of incorporation of the owner or partnership agreement of the owners and all amendments thereto,

(2) Proof of citizenship of officers and directors of the corporation or of the partners, or of a sole individual owner, as the case may be,

(3) Affidavit of an officer of the corporation as to the citizenship status of the stockholders as far as known,

(4) Receipt for payment of the fine, (5) Proof to substantiate all other expenses for which claim is made, consisting of receipts, vouchers, etc.,

(6) Log of the vessel seized,

(7) Records of any hearings conducted by authorities of the government making the seizure relative to such seizure,

(8) Certificate of Registry, other document or certificate of the vessel seized,

(9) Convincing evidence of any available nature to bring the case within the provisions of the statute,

(10) Affidavits of officers of the seized vessel corroborating allegations upon which the claim is based.

§ 86.9 Certification of claim to Treasury Department. The Department of State will determine on the basis of the facts and evidence submitted whether the amount of the fines should be reimbursed. If reimbursement is considered to be warranted, the Legal Adviser and Deputy Legal Adviser of the Department of State will make the necessary certification to the Secretary of the Treasury.

Part 87-Transfers of Vessels Abroad

Sec.

87.1 Transfers to American ownership. 87.2

Transfers of American vessels to aliens or to foreign registry. AUTHORITY: §§ 87.1 and 87.2 issued under sec. 302, 60 Stat. 1001; 22 U. S. C. 842.

SOURCE: §§ 87.1 and 87.2 appear at 22 F. R. 10858, Dec. 27, 1957.

§ 87.1 Transfers to American ownership. When a vessel has been transferred abroad from foreign to United States ownership, a consular officer shall, when requested, perform the following services for the purchaser or purchasers of the vessel:

(a) Take an acknowledgment of the execution of the bill of sale for the vessel and make the bill of sale a matter of record in the Foreign Service office; and

(b) Either issue a Provisional Certificate of Registry (Customs Form 1266-A) for the vessel, provided the purchaser or purchasers desire to have it documented under the laws of the United States, and provided the Commissioner of Customs, Department of the Treasury, first approves the issuance of such a certificate; or if the purchaser or purchasers do not desire or intend to have the vessel documented under the laws of the United States, issue a Certificate of American Ownership for the vessel, provided approval of the Department of State is obtained in advance. A Certificate of American Ownership is prima facie proof that the vessel concerned was transferred to United States ownership, that the transfer was made in good faith, and that the owners are United States citizens.

§ 87.2 Transfers of American vessels to aliens or to foreign registry. A consular officer shall, upon request, inform interested parties that formal written application for the approval of the Maritime Administration must be filed, in duplicate, on Form MA-29. Upon completion by the applicants of the necessary documents for the Maritime Administration, the consular officer may transmit such documents for them to the Maritime Administration through the Department of State. A consular officer shall, upon receipt of a request to perform any services connected with the actual transfer of a vessel or an interest therein to any person not a United States citizen, ascertain whether the transaction has been approved by the Maritime Administration. If it has, the consular officer shall perform any notarial services connected with the transaction, and shall submit a complete report in the premises to the Department of State for transmittal to the Maritime Administration, accompanied by a certified copy of the bill of sale, mortgage, lease, charter, or such other evidence of the transfer as may be obtainable. If the transaction has not been approved by the Maritime Administration, the consular officer shall inform the parties in interest of the penalties attached by reason of failure to procure the required approval, and shall submit

§ 88.1 Services for American vessels. No fees are chargeable for services performed for a public vessel or for a vessel regularly documented under the laws of the United States, regardless of whether such vessel was built in the United States or abroad.

§ 88.3 Services for foreign vessels. The fees prescribed under the caption "Services Relating to Vessels and Seamen" in the Tariff of Fees, Foreign Service of the United States of America (§ 22.1 of this chapter), shall be charged and collected for services performed for foreign vessels.

92.6

SOURCE: §§ 91.1 to 91.3 appear at 22 F. R. 10858, Dec. 27, 1957.

§ 91.1 Answering inquiries regarding tariff acts and customs regulations. In replying to inquiries received from exporters, travelers, or other interested parties, concerning tariff acts or customs regulations, consular officers shall refrain from giving, or appearing to give, decisions pertaining to matters upon which they are not competent to pass.

§ 91.2 Furnishing samples to collectors of customs or appraising officers. Upon the receipt of a request therefor from a collector of customs or appraising officer of the Government of the United States, a consular officer shall procure and forward samples of merchandise being imported or offered for importation into the United States from his particular district.

§ 91.3 Assistance to Customs and Tariff Commission representatives. Consular officers shall render all proper assistance to Customs and Tariff Commission representatives abroad to aid them in the performance of their official duties.

92.7

Description of notarial functions of the Foreign Service; record of acts. Jurisdiction of Foreign Service posts. Authority of officers of the Foreign Service under the Federal law. Acceptability of notarial acts under State or territorial law.

Authority of officers of the Foreign Service under international practice.

Responsibility of officers of the Foreign Service.

(c) The term "notarial certificate" may be defined as the signed and sealed statement to which a "notarial act" is almost invariably reduced. The "notarial certificate" attests to the performance of the act by the notary, and may be an independent document or, as in general American notarial practice, may be placed on or attached to the notarized document.

§ 92.2 Description of notarial functions of the Foreign Service; record of acts. The notarial function of officers of the Foreign Service is similar to the function of a notary public in the United States. See § 22.3 of this chapter concerning the giving of receipts for fees collected and the maintenance of a register serving the same purposes as the record which notaries are usually expected or required to keep of their official acts.

§ 92.3 Jurisdiction of Foreign Service posts. Where definite consular districts have been established, the geographic limits of the district determine the jurisdiction in notarial matters of the officers assigned to the Foreign Service post, i. e., the area in which notarial acts can be performed by the consular officer. (See § 92.41 (b) regarding the authentication of the seals and signatures of foreign officials outside the consular district.) As a rule, notarial services should be performed only at the office of the post. However, they may, when necessary, be performed elsewhere within the consular district, with the understanding that, in addition to the prescribed Foreign Service fees for such services, the expenses incurred by the notarizing officer in going to the place where the notarial service is performed and returning to his office will be borne by the interested party or parties. Within those national jurisdictions where no consular districts have been established, notarial services should be performed at the most accessible Foreign Service post.

§ 92.4 Authority of officers of the Foreign Service under the Federal law. (a) Section 1195, title 22 of the United States Code, requires every United States consular officer to perform notarial acts, upon request, "within the limits of his consulate." This provision is construed as mandatory with respect to notarial acts performed within the Foreign Service office but not with respect to notarial acts performed outside the Foreign Serv

ice office. In addition, section 1203, title 22 of the United States Code, authorizes every secretary of embassy or legation and every consular officer to perform notarial acts. Notarial acts should be performed, however, only if their performance is authorized by treaty provisions or permitted by the laws or authorities of the country wherein the consular officer is stationed.

(b) These acts may be performed for any person regardless of nationality so long as the document in connection with which the notarial service is required is for use within the jurisdiction of the Federal Government of the United States or within the jurisdiction of one of the States or Territories of the United States. (However, see also $92.6.)

Within the Federal jurisdiction of the United States, these acts, when certified under the hand and seal of office of the notarizing officer are valid and of like force and effect as if performed by any duly authorized and competent person within the United States. Documents bearing the seal and signature of the notarizing officer are admissible in evidence within the Federal jurisdiction without proof of any such seal or signature being genuine or of the official character of the notarizing officer. (R. S. 1750, sec. 3, 34 Stat. 100; 22 U. S. C. 1203.)

(c) Every secretary of embassy or legation and every consular officer may perform notarial acts for use in countries occupied by the United States or under its administrative jurisdiction, provided the officer has reason to believe that his notarial act will be recognized in the country where it is intended to be used. These acts may be performed for United States citizens and for nationals of the occupied or administered countries who reside outside such countries, except in areas where another government is protecting the interests of the occupied or administered country.

(d) Chiefs of mission, that is, ambassadors and ministers, have no authority under Federal law to perform notarial acts except in connection with the authentication of extradition papers (see § 92.40).

(e) Consular agents have authority to perform notarial services but acting consular agents do not.

§ 92.5 Acceptability of notarial acts under State or territorial law. The acceptability within the jurisdiction of a