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§ 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.

8 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.

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 (Decision Comptroller General B-36817, September 28, 1943, unpublished.)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claims for damages to lands or other private property are based upon negligence, the provisions of this act have been superseded by the Federal Tort Claims Act (26 Comp.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.

$ 31.20 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.

§ 31.17 Exclusion.

Claims which are cognizable under the Federal Tort Claims Act are not cognizable under the act of June 19, 1939.

PART 32-STOLEN PROPERTY UNDER than three affidavits identifying the TREATY WITH MEXICO

claimant as the owner of the legal or Sec.

equitable title, or both, to the property 32.1 Mexican motor vehicles, trailers, air

alleged to have been stolen or embezzled; planes, etc., in the United States. (d) the original or a certified copy of any 32.2 American motor vehicles, trallers, air- assignment of the property by the inplanes, etc., in Mexico.

sured to the insurer pursuant to a conAUTHORITY: The provisions of this Part 32

tract of insurance in force at the time issued under sec. 4, 63 Stat. 111, as amended;

the theft or embezzlement was com5 U.S.C. 151c.

mitted. SOURCE: The provisions of this Part 32 ap- § 32.2 American motor vehicles, trailers, pear at 22 F.R. 10795, Dec. 27, 1957 unless

airplanes, etc., in Mexico. otherwise noted.

Whenever, in accordance with the pro§ 32.1 Mexican motor vehicles, trailers, visions of article II of the convention (50 airplanes, etc., in the United States.

Stat. 1334), the United States of America Whenever, in accordance with the pro- shall request the detention in the United visions of article I of the convention' Mexican States of alleged stolen or em(50 Stat. 1334), the United Mexican bezzled motor vehicles, trailers, airStates shall request the detention in the planes, or the component parts of any of United States of America of alleged

them, the request shall be accompanied stolen or embezzled motor vehicles, trail

by documents legally valid in the United ers, airplanes, or the component parts of

States of America. The said documents any of them, the request shall be accom

shall be as follows: (a) the original or a panied by documents legally valid in the

certified copy of the sales or conditional United Mexican States. The said docu

sales contract and where registration of ments shall be as follows: (a) the origi

title is required by law the certificate of nal or a certified copy of the sales or such registration of title; (b) the original conditional sales contract and where reg- or a certified copy of the official registraistration of title is required by law the

tion card; (c) not more than three afficertificate of such registration of title; davits identifying the claimant as the (b) the original or a certified copy of the owner of the legal or equitable title, or official registration card; (c) not more both, to the property alleged to have been

stolen or embezzled; (d) the original or a

certified copy of any assignment of the · Convention of October 6, 1936 between property by the insured to the insurer the United States and Mexico for the recovery

pursuant to a contract of insurance in and return of stolen or embezzled motor force at the time the theft or embezzlevehicles, etc.

ment was committed.

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SUBCHAPTER E-VISAS

STUDENTS Sec. 41.45 Students.

INTERNATIONAL ORGANIZATION ALIENS 41.50 Aliens coming to international

organizations.

TEMPORARY WORKERS AND TRAINEES 41.55 Temporary workers and industrial

trainees.

PART 41-VISAS: DOCUMENTATION

OF NONIMMIGRANTS UNDER THE
IMMIGRATION AND NATIONALITY

ACT, AS AMENDED
Sec.
41.1 Definitions.
DOCUMENTATION OF NATIONALS, CLAIMANT

NATIONALS, AND FORMER NATIONALS 41.3 Nationals, claimant nationals and

former nationals of the United

States.
PASSPORTS AND VISAS NOT REQUIRED FOR

CERTAIN NONIMMIGRANTS 41.5 Nonimmigrants exempted by law or

treaty from the requirement of passports, visas, and border-cross

ing identification cards. 41.6 Nonimmigrants not required to pre

sent passports, visas, or border

crossing identification cards. 41.7 Waiver of visa and/or passport re

quirements by joint action of con

sular and immigration officers. CLASSIFICATION OF NONIMMIGRANTS 41.10 Presumption immigrant status and

burden of proof. 41.12 Classification symbols. 41.13 More than one person included in

nonimmigrant visa. 41.14 Significance of visa in A, G, or NATO

cases.

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41.90 Basis for refusal. 41.91 Aliens ineligible to receive visas. TEMPORARY ADMISSION OF INELIGIBLE ALIENS 41.95 Procedure in recommending tempo

rary admission of ineligible aliens.

TYPES OF NONIMMIGRANT VISAS 41.100 Regular, diplomatic and official visas. 41.102 Classes of aliens eligible to receive

41.20 41.21

FOREIGN GOVERNMENT OFFICIALS Officials of foreign governments. Officials or representatives of foreign

governments not recognized by the

United States. Couriers and acting couriers on off

diplomatic visas. 41.104 Classes of aliens eligible to receive

official visas.

cial business.

41.22

TEMPORARY VISITORS

41.25

Temporary visitors for business or

pleasure.

41.30 41.31

TRANSIT ALIENS
Transit aliens.
Certain aliens in transit to United

Nations.
Accredited officials in transit through

the United States.

APPLICATION FOR NONIMMIGRANT VISAS 41.110 Place of application. 41.111 Supporting documents. 41.112 Passports. 41.113 Medical examination. 41.114 Personal appearance. 41.115 Application forms. 41.116 Registration and fingerprinting. 41.117 Signature.

ISSUANCE OF NONIMMIGRANT VISAS 41.120 Authority to issue visas. 41.121 Visa fees. 41.122 Validity of visas. 41.123 More than one alien included in visa. 41.124 Procedure in issuing visas. 41.125 Revalidation of visas. 41.126 Transfer of visas. 41.127 Crew-list visas. 41.128 Nonresident alien Mexican border

crossing cards.

41.32

CREWMEN

41.35 41.36

Crewmen.
Foreign government official crewmen.
TREATY TRADERS AND INVESTORS
Treaty traders.
Treaty investors.

41.40 41.41

REFUSAL AND REVOCATION OF NONIMMIGRANT Consular oficer. “Consular officer”, as VISAS

defined in section 101(a) (9) of the Act, Sec.

shall include commissioned consular

officers, the District Administrators of 41.130 Procedure in refusing individual

the Trust Territory of the Pacific Islands, visas.

the Director of the Visa Office of the De41.132 Exclusion from and refusal of crewlist visas.

partment and such other officers of the 41.134 Revocation and invalidation of visas. Department as he shall designate for the

purpose of issuing nonimmigrant visas, ENTRY INTO AREAS UNDER UNITED STATES ADMINISTRATION

but shall not include a consular agent,

an attaché or assistant attaché. 41.145 Aliens entering areas under United

Department. “Department" means States administration not included

the Department of State of the United in section 101(a) (38) of the Act.

States of America. FURNISHING VISA RECORDS FOR COURT

Diplomatic passport. “Diplomatic PROCEEDINGS

passport” means a national passport

bearing that title and issued by a com41.150 Furnishing visa records for court

petent authority of a foreign governproceedings.

ment. “Equivalent of a diplomatic passAUTHORITY: The provisions of this Part 41 port” means a national passport, other issued under sec. 104, 66 Stat. 174; 8 U.S.C. than a specifically described diplomatic 1104, except as otherwise noted.

passport, which is issued by a competent

authority of a foreign government and § 41.1 Definitions.

which indicates the career diplomatic or In addition to the pertinent definitions consular status of the bearer, the issuing contained in the Immigration and Na- government being one which does not tionality Act, the following definitions issue diplomatic passports to its career shall be applicable to this part:

diplomatic and consular officers. Accredited. “Accredited”, as used in Diplomatic visa. “Diplomatic visa” sections 101(a) (15) (A), 101(a) (15) (G) means a nonimmigrant visa of any and 212(d) (8) of the Act, refers to an classification bearing that title and alien who holds an official position, other issued to an alien in accordance with the than an honorary official position, with regulations contained in this part. the government or international orga- Form FS-257. “Form FS-257" (Apnization he represents, and who is in pos- plication for Nonimmigrant Visa and session of a travel document or other Alien Registration), shall be consisdered evidence showing that he seeks to enter, to include Form FS-257a. or pass in transit through, the United Government vessel or aircraft. “GovStates for the purpose of transacting ernment vessel or aircraft” means a official business for that government or vessel or aircraft operated directly by international organization.

the Government of the United States Act. “Act” means the Immigration with government personnel in connecand Nationality Act, as amended.

tion with public business of a non-comAttendants. "Attendants” as used in mercial and non-profit character, or a sections 101(a) (15) (A) (iii), 101(a) (15) foreign-flag vessel or aircraft operated (G) (v), and 212(d) (8) of the Act, shall directly by a foreign government recoginclude an alien who is paid from the nized de jure by the United States, with public funds of a foreign government or foreign government personnel in confrom the funds of an international or- nection with public business of a nonganization and who is accompanying or

commercial and non-profit character. following to join the principal alien to The term "government vessel or airwhom he owes a duty or service.

craft” shall not include a vessel or airCompetent officer. “Competent of- craft which is merely controlled or ficer”, as used in section 101(a) (26) of subsidized by a government, or the Act, shall refer to a “consular officer" which is engaged in what would ordias defined in section 101(a) (9) of the narily be regarded as commercial shipAct and this section.

ping or commercial transportation.

one a

Immediate family. "Immediate fam

Regular visa. "Regular visa” means ily”, as used in sections 101(a) (15) (A),

a nonimmigrant visa of any classification 101(a) (15) (G) and 212(d) (8) of the Act

issued in accordance with the regulaand with reference to classification

tions contained in this part, which does under the symbols NATO-1, NATO-2, not bear the title “Diplomatic”. or NATO-3, and NATO-4, means close "Official." relatives who are members of the im

Regulation. “Regulation" means mediate family by blood, marriage, or

rule established pursuant to the proadoption, who are not members of some

visions of section 104 (a) of the Act which other household, and who will reside regularly in the household of the princi

has been duly published in the FEDERAL

REGISTER. pal alien.

Servants International organization.

and personal employees, “Inter

"Servants” and “personal employees," as national organization” means any public

used in sections 101(a) (15(A) (iii), 101 international organization which has been designated by the President by

(a) (15) (G) (v) and 212(d) (8) of the

Act, include an alien who is employed in Executive Order as being entitled to

a domestic or personal capacity by a enjoy the privileges, exemptions, and

principal alien, who is paid from the priimmunities provided for in the inter

vate funds of such principal alien, and national Organizations Immunities Act. Official visa. “Official visa” means a

who seeks to enter the United States

solely for the purpose of such emnonimmigrant visa of any classification

ployment. bearing that title and issued to an alien

Western Hemisphere. “Western Hemin accordance with the regulations con

isphere” means North America (includtained in this part.

ing Central America), South America Passport. “Passport”, as defined in

and the islands immediately adjacent section 101(a) (30) of the Act, shall not

thereto including the places named in be considered as limited to a national

section 101 (b) (5) of the Act. passport and shall not be considered as limited to a single document but may

(Dept. Reg. 108.411, 24 F.R. 6679, Aug. 18,

1959, as amended by Dept. Reg. 108.422, 24 consist of two or more documents which, F.R. 11080, Dec. 31, 1959; Dept. Reg. 108.433, when considered together, fulfill the re- 25 F.R. 4577, May 25, 1960; Dept. Reg. 108.441, quirements of a passport as defined in 25 F.R. 7018, July 23, 1960; Dept. Reg. 108.469, section 101(a) (30) of the Act: Provided,

26 F.R. 6441, July 18, 1961; Dept. Reg. 108.488,

28 F.R. 274, Jan. 10, 1963; Dept. Reg. 108.504, That permission to enter a foreign coun

29 F.R. 2782, Feb. 28, 1964) try must be issued by a competent authority and must be clearly valid for such purpose in order to meet the require- DOCUMENTATION OF NATIONALS, CLAIMANT ments of section 101(a) (30). A non

NATIONALS, AND FORMER NATIONALS immigrant unable to obtain a document

§ 41.3 Nationals, claimant nationals, and issued by a competent authority which

former nationals of the United States. indicates his origin, identity, and nationality if any, may furnish the missing

(a) A national of the United States information to the best of his knowledge

shall not be issued a visa or other docuand belief, by presenting an affidavit mentation as an alien for entry into the which, when combined with the docu

United States. mentary evidence of admissibility into

(b) A person whose case fulfills the a foreign country, will suffice to meet conditions of section 360(b) of the Act the requirements of section 101(a) (30)

and who continues to claim that he is a of the Act.

national of the United States may apply Port of entry. Port of entry” means

for a certificate of identity as provided a port or place designated by the Com- in section 360(b) of the Act. missioner of Immigration and Natural

(c) A former national of the United ization at which an alien may apply for

States who seeks to enter the United admission into the United States.

States shall be required to comply with Principal alien. “Principal alien" the documentary requirements applimeans an alien from whom another alien cable to aliens under the Act. derives a privelege or status under the [Dept. Reg. 108.411, 24 F.R. 6680, Aug. 18, law or regulations.

1959)

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