claimant should submit an itemized receipt, or, if not repaired, itemized estimates of the cost of repairs by two reliable parties who specialize in such work. If the property is not economically repairable, the claimant should submit corroborative statements of two reliable qualified persons with respect to cost, age of the property and salvage value. (4) Damage to real property. In support of claims for damage to land, trees, buildings, fences, or other improvements to real property, the claimant should submit an itemized receipt if repairs have been made, or, if repairs have not been made, itemized estimates of the cost of repairs by two reliable persons who specialize in such work. If the property is not economically repairable, the claimant should submit corroborative statements of two reliable qualified persons with respect to the value of the improvements both before and after the accident or incident and the cost of replacements. (5) Damage to crops. In support of claims for damage to crops, the claimant should submit an itemized signed statement showing the number of acres, or other unit measure of crop damaged, the probable yield per unit, the gross amount which would have been realized from such probable yield and an estimate of the costs of cultivating, harvesting and marketing the crop. If the crop is one which need not be planted each year, the diminution in value of the land beyond the damage to the current year's crop should also be stated. § 31.5 Penalties. A person who files a false claim or makes a false or fraudulent statement in a claim against the United States may be liable to a fine of not more than $10,000 or to imprisonment of not more than five years, or both (62 Stat. 698, 749; 18 U. S. C. 287, 1001) and, in addition, to a forfeiture of $2,000 and a penalty of double the loss or damage sustained by the United States (12 Stat. 696, 698; 31 U. S. C. 231). § 31.6 Investigation of claims. When a claim is received, the office, bureau, division or Foreign Service establishment out of whose activities the claim arose shall make such investigation as may be necessary or appropriate for a determination of the validity of the claim and thereafter shall forward the claim, together with all pertinent material, and a recommendation regarding allowance or disallowance of the claim, to the Legal Adviser, Deputy Legal Adviser, Commissioner, Chief of Mission or principal officer of fiscal reporting post, as the case may be. § 31.7 Determination of claims. Claims will be determined in accordance with the applicable statute and the applicable subpart of this part. When a § 31.8 Payment of claims. claim is approved, it will be referred to the appropriate fiscal office for payment out of funds appropriated or to be appropriated for the purpose. SUBPART B-FEDERAL TORT CLAIMS ACT The Federal Tort § 31.9 General. Claims Act (62 Stat. 983; 28 U. S. C. 2672) authorizes the head of each Federal agency, or his designee for the purpose, acting on behalf of the United States, to consider, ascertain, adjust, determine, and settle certain tort claims for money damages of $1,000 or less against the United States. § 31.10 Allowable claims. Tort claims, except those specifically excluded by the Federal Tort Claims Act (28 U. S. C. 2680), are allowable under the act and this subpart for damage to or loss of property and for pe:sonal injury or death, caused by the negligent or wrongful act or omission of any employee of the Department or of the Commission, while acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be liable for such damage, loss, injury, or death, in accordance with the law of the place where the act or omission occurred. Payment of more than $1,000 in settlement of a claim may not be authorized. The claimant's only remedy, if any, for a claim exceeding $1,000 in amount or for a claim which is disallowed, is by suit in the United States District Court for the district where the claimant resides or wherein the act or omission complained of occurred. ance or the failure to exercise or perform a discretionary function or duty on the part of a Federal agency or an employee of the Government, whether or not the discretion involved be abused. (b) Any claim arising out of the loss, miscarriage, or negligent transmission of letters or postal matter. (c) Any claim arising out of assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights. (d) Any claim arising in a foreign country. Such claims may be allowable under the act of August 1, 1956. See Subpart C of this part. § 31.12 Limitations. (a) Claims arising under the Federal Tort Claims Act must be presented in writing, within two years after accrual. (b) A suit may not be filed while a claim is pending. The claimant may, however, upon fifteen days written notice, withdraw the claim and commence action thereon within six months from the date of notice. If a claim is denied, the claimant may commence action thereon within six months from the date of notice of denial. The amount of the suit may not exceed the amount of the claim, except where the increased amount is based upon newly discovered evidence. § 31.13 Acceptance of award or settlement by claimant. The acceptance by the claimant of an award, compromise or settlement is final and conclusive on the claimant, and constitutes a complete release of any claim against the United States and against the employee of the Government whose act or omission gave rise to the claim, by reason of the same subject matter. § 31.14 Attorneys' fees. As part of any award or settlement, reasonable attorneys' fees may be allowed out of, but not in addition to, the amount of the award or settlement. If the award or settlement is $500 or more the fee shall not exceed 10 per centum of the amount of the award or settlement. Any attorney who receives more than the amount allowed may be liable to a fine of not more than $2,000 or imprisonment of not more than one year, or both. Attorneys' fees will be fixed only upon the written request of the claimant or his attorney. SUBPART C-ACT OF AUGUST 1, 1956 § 31.15 General. The act of August 1, 1956 (70 Stat. 890; 5 U. S. C. Supp. IV, 170g) authorizes the Secretary of State, when funds are appropriated therefor, to pay tort claims in the manner authorized in the first paragraph of 28 U. S. C. 2672, as amended, when such claims arise in foreign countries in connection with Department of State operations abroad. Consequently, the Federal Tort Claims Act and Subpart B of this part are applicable to claims filed under the act of August 1, 1956, except that no provision has been made in that act for the institution of suit if a claim is denied. SUBPART D-ACT OF JUNE 19, 1939 § 31.16 General. The act of June 19, 1939 (53 Stat. 841; 22 U. S. C. 277e), provides as follows: The Secretary of State acting through such officers as he may designate, is further authorized to consider, adjust, and pay from funds appropriated for the project, the construction of which resulted in damages, any claim for damages occurring after March 31, 1937, caused to owners of land or other private property of any kind by reason of the operations of the United States, its officers or employees, in the survey, construction, operation, or maintenance of any project constructed or administered through the American Commissioner, International Boundary Commission, United States and Mexico, if such claim does not exceed $1,000 and has been filed with the American Commissioner within one year after the damage is alleged to have occurred, and when in the opinion of the American Commissioner such claim is substantiated by a report of a board appointed by the said Commissioner. This act covers only claims for damages to lands or other private property and not claims for personal injuries. (Decision Comptroller General B-36817, September 28, 1943, unpublished.) To the extent that claims for damages to lands or other private property are based upon negligence, the provisions of this act have been superseded by the Federal Tort Claims Act (26 Comp. Gen. 452, Decision B-61757, January 6, 1947). Hence claims cognizable under the act of June 19, 1939, are limited to claims for damages accruing after March 31, 1937; (a) for damages to lands or other private property of any kind by reason of the operations of the United States, its officers or employees, in the survey, construction, operation, or maintenance of any project constructed or administered through the Commissioner; (b) where such claims do not exceed $1,000; and (c) which claims are not based upon the negligence of any officer or employee of the Government acting within the scope of his employment. § 31.17 Exclusion. Claims which are cognizable under the Federal Tort Claims Act are not cognizable under the act of June 19, 1939. § 31.18 Limitations. No claim will be considered by the Commissioner under this subpart unless filed with him within one year after the damage is alleged to have occurred. § 31.19 Action by claimant. The provisions of § 31.4 shall be applicable to claims for damages cognizable under this subpart, except those provisions relating to personal injury or death. § 31.20 Payment of claim. Upon receipt of a claim by the Commissioner, the Commissioner will appoint a board to investigate the facts surrounding the claim and to make its report and recommendations to the Commission. The Commissioner will thereupon approve the claim in whole or in part, or disapprove the claim. If the claim is approved in whole or in part, and claimant accepts the settlement tendered by the Commissioner, the claimant will execute a release of his claim in the form prescribed by the Commissioner and will execute a voucher in the sum approved by the Commissioner. The file on the case, including the claim, the findings of the board, the approval of the Commissioner, the release, and the voucher, will thereupon be transmitted by the Commissioner through the Department to the General Accounting Office for settlement. Part 32-Stolen Property Under Treaty With Mexico Sec. 32.1 Mexican motor vehicles, trailers, airplanes, etc., in the United States. 32.2 American motor vehicles, trailers, airplanes, etc., in Mexico. AUTHORITY: §§ 32.1 and 32.2 issued under sec. 4, 63 Stat. 111, as amended; 5 U. S. C. 151c. SOURCE: §§ 32.1 and 32.2 appear at 22 F. R. 10795, Dec. 27, 1957. § 32.1 Mexican motor vehicles, trailers, airplanes, etc., in the United States. 1 Whenever, in accordance with the provisions of article I of the convention (50 Stat. 1334), the United Mexican States shall request the detention in the United States of America of alleged stolen or embezzled motor vehicles, trailers, airplanes, or the component parts of any of them, the request shall be accompanied by documents legally valid in the United Mexican States. The said documents shall be as follows: (a) the original or a certified copy of the sales or conditional sales contract and where registration of title is required by law the certificate of such registration of title; (b) the original or a certified copy of the official registration card; (c) not more than three affidavits identifying the claimant as the owner of the legal or equitable title, or both, to the property alleged to have been stolen or embezzled; (d) the original or a certified copy of any assignment of the property by the insured to the insurer pursuant to a contract of insurance in force at the time the theft or embezzlement was committed. § 32.2 American motor vehicles, trailers, airplanes, etc., in Mexico. Whenever, in accordance with the provisions of article II of the convention (50 Stat. 1334), the United States of America shall request the detention in the United Mexican States of alleged stolen or embezzled motor vehicles, trailers, airplanes, or the component parts of any of them, the request shall be accompanied by documents legally valid in the United States of America. The said documents shall be as follows: (a) the original or a certified copy of the sales or conditional sales contract and where registration of title is required by law the certificate of such registration of title; (b) the original or a certified copy of the official registration card; (c) not more than three affidavits identifying the claimant as the owner of the legal or equitable title, or both, to the property alleged to have been stolen or embezzled; (d) the original or a certified copy of any assignment of the property by the insured to the insurer pursuant to a contract of insurance in force at the time the theft or embezzlement was committed. 1 Convention of October 6, 1936 between the United States and Mexico for the recovery and return of stolen or embezzled motor vehicles, etc. SUBCHAPTER E-VISAS Part 40-Diplomatic Visas Under the Immigration and Nationality Act Sec. 40.1 40.2 40.3 40.4 40.5 40.6 40.7 40.8 40.9 Definitions. Officers authorized to issue diplomatic visas. Types and validity of diplomatic visas. Classes of aliens eligible to apply for diplomatic visas. Classes of aliens ineligible to receive diplomatic visas. Advisory opinions from the Depart- Application for diplomatic visa. Evidence of diplomatic status. 40.10 Procedure in issuing diplomatic visas. 40.11 Diplomatic visas issued without charge. 40.12 Significance of diplomatic visa. 40.13 Revocation or cancellation of diplomatic visa. AUTHORITY: §§ 40.1 to 40.13 issued under sec. 104, 66 Stat. 174; 8 U. S. C. 1104. Statutory provisions interpreted or applied are cited to text in parentheses. SOURCE: §§ 40.1 to 40.13 appear at 22 F. R. 10796, Dec. 27, 1957, except as otherwise noted. 40.1 Definitions. The following definitions, in addition to the pertinent definitions contained in the Immigration and Nationality Act, shall be applicable to this part: (a) "Act" means the Immigration and Nationality Act. (b) "Department" means the Department of State of the United States of America. (c) "Diplomatic visa" means a nonimmigrant visa bearing the title "Diplomatic Visa" and issued to a nonimmigrant in accordance with the regulations contained in Part 41 of this chapter and in this part. (d) "Diplomatic passport" means a national passport bearing the title "Diplomatic Passport" and issued by a competent authority of the foreign government to which the bearer owes allegiance. (e) "Equivalent of a diplomatic passport" means a national passport, other than a specifically described diplomatic passport, which is issued by a foreign government to which the bearer owes allegiance and which indicates the career diplomatic or consular status of the bearer, the issuing government being one which does not issue diplomatic passports to its career diplomatic and consular officers. (Sec. 101, 66 Stat. 167; 8 U. S. C. 1101) [22 F. R. 10796, Dec. 27, 1957, as amended by Dept. Reg. 108-353, 22 F. R. 10916, Dec. 28, 1957] § 40.2 Officers authorized to issue diplomatic visas. (a) A diplomatic or consular officer attached to a diplomatic mission of the United States may issue diplomatic visas if he is authorized to do so by the chief of the mission. (b) A consular officer assigned to a consular office may issue diplomatic visas if so authorized by the Department or by the chief of the United States diplomatic mission to the foreign country in which such consular office is located. (c) The Director of the Visa Office of the Department, and such members of his staff as he may designate, are authorized, in their discretion, to issue diplomatic visas to qualified aliens in the United States, who are within one of the classes described in § 40.4, who, if within a nonimmigrant category defined in section 101 (a) (15) (A) or (G) of the act, have been duly notified to the Secretary of State, and who, after a temporary absence, desire to reenter the United States in the nonimmigrant status specified in the visa. § 40.3 Types and validity of diplomatic visas—(a) Regular diplomatic visa. A regular diplomatic visa shall be valid for the period indicated therein, as determined under the provisions of § 41.15 of this chapter, and may be used during the period of its validity in making any number of applications for admission into the United States: Provided, That the status of the bearer as a person entitled to a diplomatic visa is maintained. (b) Limited diplomatic visa. A limited diplomatic visa shall be valid for the period specified therein, as determined under the provisions of § 41.15 of this chapter, and may be used during the period of its validity in making a single application for admission into the United States: Provided, That the status of the bearer as a person entitled to a diplomatic visa is maintained. § 40.4 Classes of aliens eligible to apply for diplomatic visas-(a) Regular diplomatic visas. Aliens of the following classes seeking to enter the United States as nonimmigrants may apply for regular diplomatic visas: (1) Heads of states and their alternates; (2) Members of a reigning royal family; (3) Governors - general, governors, high commissioners, and other similar high administrative or executive officers of a territorial unit, and their alternates; (4) Cabinet ministers and their assistants holding executive or administrative positions not inferior to that of the head of a departmental division, and their alternates; (5) Presiding officers of chambers of national legislative bodies; (6) Justices of the highest national judicial tribunal of a foreign country; (7) Officers of the diplomatic service and consular officers of career of a foreign government; (8) Diplomatic couriers regularly and professionally employed as such by a foreign government; (9) Military, naval, air and other attachés of career, and assistant attachés of career, assigned to a foreign diplomatic mission in the United States or elsewhere; (10) Military officers holding a rank not inferior to that of a brigadier general in the United States Army or Air Force and naval officers holding a rank not inferior to that of a rear admiral in the United States Navy; (11) Members of a diplomatic mission of a temporary character; (12) Officers and representative-members of international bodies of an official nature, other than international organizations so designated by Executive order; (13) Representatives of foreign governments, and the staff members of foreign-government delegations, to international organizations so designated by Executive order; (14) Attendants, servants, and personal employees, as defined in § 41.30 of this chapter, of a principal alien who is within one of the classes described in subparagraphs (1) to (13), inclusive, of this paragraph; (15) Members of the immediate family of a principal alien who is within one of the classes described in subparagraphs (1) to (13), inclusive, of this paragraph; (16) Members of the immediate family accompanying or following to join the principal alien who is within one of the classes described in subparagraph (14) of this paragraph; and (17) Any other alien in whose individual case the Department may specifically authorize the diplomatic or consular officer to accept an application for a regular diplomatic visa. Aliens (b) Limited diplomatic visas. of the following classes seeking to enter the United States as nonimmigrants, if not classifiable within one of the categories specified in paragraph (a) of this section, may apply for limited diplomatic visas: (1) Subordinate members, including employees, of international bodies of an official nature, other than international organizations so designated by Executive order, who are traveling on official business of such international body; (2) Subordinate staff members, including employees, of foreign-government delegations to international organizations so designated by Executive order; (3) Members of delegations proceeding to or from a specific international conference of an official nature; (4) Members of the immediate family, attendants, servants, and personal employees, accompanying or following to join the principal alien who is within one of the classes described in subparagraphs (1) to (3), inclusive of this paragraph; (5) Any other alien in whose individual case the Department may specifically authorize the diplomatic or consular officer to accept an application for a limited diplomatic visa. § 40.5 Classes of aliens ineligible to receive diplomatic visas. Ineligibility to receive a diplomatic visa shall not preclude an alien from applying for a nondiplomatic visa appropriate to his case as an immigrant or as a nonimmigrant. The following classes of aliens shall be considered ineligible to receive diplomatic visas: (a) Aliens declared by the Department to be individually persona non grata; |