Protocol to be improper to release the item. Any gifts or decorations not approved for release will become the property of the U.S. Government and will be used or disposed of in accordance with the provisions of § 3.6.

§ 3.5 Gifts and decorations received by any person after October 14, 1966. (a) General policy. No person shall request or otherwise encourage the tender of a gift or decoration.

(b) Gifts of minimal value. Subject to individual agency regulations, table favors, mementos, remembrances, or other tokens bestowed at official functions, and other gifts of minimal value received as souvenirs or marks of courtesy from a foreign government may be accepted and retained by the donee. The burden of proof is upon the donee to establish that the gift is of minimal value as defined by this part.

(c) Gifts of more than minimal value. Where a gift of more than minimal value is tendered, the donor should be advised that it is contrary to the policy of the United States for persons in the service thereof to accept substantial gifts. If, however, the refusal of such a gift would be likely to cause offense or embarrassment to the donor, or would adversely affect the foreign relations of the United States, the gift may be accepted and shall be deposited with the Chief of Protocol for disposal in accordance with the provisions of § 3.6.

(d) Decorations. Decorations received which have been tendered in recognition of active field service in connection with combat operations, or which have been awarded for outstanding or unusually meritorious performance, may be accepted and worn by the donee with (1) the approval by the appropriate agency and (2) the concurrence of the Chief of Protocol. Within the Department of State, the decision as to whether a decoration has been awarded for outstanding or unusually meritorious performance will be the responsibility of the supervising Assistant Secretary of State or comparable officer for the person involved. In the absence of approval and

concurrence under this paragraph, the decoration shall become the property of the United States and shall be deposited by the donee with the Chief of Protocol for use or disposal in accordance with the provisions of § 3.6. Notwithstanding the foregoing, decorations tendered to U.S. military personnel for service in Viet-Nam may be accepted and worn as provided by the Act of October 19, 1965, Public Law 89-257, 79 Stat. 982.

§ 3.6 Use or disposal of gifts and decorations which become the property of the United States.

Any gift or decoration which becomes the property of the United States under this part may be retained for official use by the appropriate agency with the approval of the Chief of Protocol. Gifts and decorations not so retained shall be forwarded to the General Services Administration by the Chief of Protocol for transfer, donation, or other disposal in accordance with such instructions as may be furnished by that officer. In the absence of such instructions, such property will be transferred or disposed of by the General Services Administration in accordance with the provisions of the Federal Property and Administrative Services Act of 1949, 63 Stat. 377, as amended, and the Federal Property Management Regulations (41 CFR Ch. 101, Subchapter H). Standard Form 120, Report of Excess Personal Property, and Standard Form 120A, Continuation Sheet, shall be used in reporting such property, and the Foreign Gifts and Decorations Act of 1966 shall be cited on the reporting document. Such reports shall be submitted to General Services Administration, Region 3, Attention: Property Management and Disposal Service, Seventh and D Streets SW., Washington, D.C. 20407.

§ 3.7 Revocation of previous regulations.

The regulations in this part shall supersede all regulations heretofore in effect concerning the acceptance of gifts and decorations from foreign governments to persons in the service of the United States or to members of their families.

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 members 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 several diplomatic missions in Washington in giving notification of foreign official status to the Secretary of State.

§ 4.4 Form required in duplicate.

The form is to be submitted to the Secretary of State in duplicate.

§ 4.5 Time limit for the submission of the form.

(a) The form is to be submitted within 30 days after the arrival of the foreign official in the United States or after a change from a nonofficial to an official status.

(b) If the official status claimed is not recognized by the Secretary of State, the person submitting the form must register within another 30 days under the requirements of the Alien Registration

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, estab-
lished places at which, the officers
from whom, and the methods where-
by 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, sec. 501, 65 Stat. 290; 22 U.S.C. 2658, 31 U.S.C. 483a, 5 U.S.C. 552, E.O. 10501; 3 CFR, 1949-1953 Comp.

SOURCE: The provisions of this Part 5 contained in Dept. Reg. 108.562, 32 F.R. 9160, June 28, 1967, unless otherwise noted.

§ 5.1 Introduction.

The sections in this Part 5 are issued pursuant to section 3 of the Administrative Procedure Act, 5 U.S.C. 552(a), effective July 4, 1967.

§ 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 of the Foreign Service 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 Foreign Service 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) Any person desiring information concerning a matter handled by the Department of State or the Foreign Service, 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.

Subject Matter

Appointment of Foreign Service Offi

cers.

Authentication and other services..

Issuance of visas...

Nationality and passports...

Protection and welfare of citizens, shipping and seamen, other consular services abroad.

International traffic in arms.......

Claims and stolen property... International Educational and Cultural Exchange.

Address

State Department, Annex 14, 801 19th St. NW., Washington, D.C. 20520. State Department, Room 1237, 2201 C St. NW., Washington, D.C. 20520. State Department, Annex 2, 515 22d St. NW., Washington, D.C. 20520. State Department, Room 2817, E St. entrance, Washington, D.C. 20520. State Department, Annex 9, Sherman Bldg., 1101 15th St. NW., Washington, D.C. 20520.

State Department, 2201 C St. NW., Washington, D.C. 20520.

State Department, 2201 C St. NW., Washington, D.C. 20520.

State Department, 2201 C St. N.W, 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 Service Of ficers. 22 CFR 11 et seq.

(4) Fees for Services in the United States. 22 CFR 21 et seq.

86-043 O-68-2

§ 6.3 Availability of statements of policy, interpretations, manuals, instruc

PART 6-AVAILABILITY OF RECORDS OF THE DEPARTMENT OF STATE

Sec.

6.1 Definitions.

6.2 Availability of records.

6.3

Availability of

statements of policy interpretations, manuals, instructions. 6.4 Records which may be exempt from disclosure.

6.5 Authority to release and certify, or to withhold records.

6.6 Public reading room.

6.7 Manner of requesting records.

6.8 Schedule of fees and method of payment for services rendered.

6.9 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; 3 CFR, 1949-1953 Comp.

SOURCE: The provisions of this Part 6 contained in Dept. Reg. 108.562, 32 F.R. 9161, June 28, 1967, 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 the Foreign Service, and preserved as evidence of its organization, functions, policies, decisions, procedures, operations or other activities.

§ 6.2 Availability of records.

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 Adviser for Administration to be exempt from disclosure.

tions.

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