Item No. COPYING, RECORDING AND PROCTORING 75. Copies made by typewriter (letter-size, double-spaced page or equivalent), photostat or otherwise Fee (a) a copy or extract thereof, single page.. $1.50 (b) for each additional copy of the first page, for 25 copies or less; for (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 76. Recording unofficial documents in the Miscellaneous Record Book, if by hand- (a) for the first 200 words or fraction thereof.. $0.50 $0.20 $5.00 (b) and for each additional 100 words or fraction thereof---77. Recording unofficial documents in the Miscellaneous Record Book, if typewritten or by other mechanical process $2.00 (a) for the first two pages or less.. $5.00 $1.00 78. Supervising or proctoring an examination at the request of an agency or instrumentality of the Federal or a State Government by a consular or other officer, including completion of a certificate without seal, for each hour or fraction thereof, unless the cost thereof is reimbursable to the Department of State by an agency or instrumentality of the Federal or a State Government.. (Item numbers 79 through 81 vacant.) DEPARTMENTAL SERVICES FOR WHICH COLLECTION IS EFFECTED AT FIELD POST 82. Services described in the Departmental “Schedule of Fees" (§ 21.1) when collection is effected at a Foreign Service post. (The fee prescribed in the' Departmental “Schedule of Fees".) EXEMPTION FOR FEDERAL AGENCIES AND CORPORATIONS 83. Any and all services (unless above designated "no exceptions") performed for the official use of the Government of the United States or of any corporation in which the Federal Government or its representative shall own the entire outstanding capital stock---- (Item number 84 vacant.) SERVICES RENDERED OUTSIDE OF OFFICE 85. Additional fee for services of officer under the above headings Passport and Citizenship Services, Visa Services for Aliens, Notarial Services and Authentications, and Services Relating to Taking of Evidence, when rendered elsewhere than at a Foreign Service office at the request of the interested parties, for each hour or fraction thereof.. $5.00 No fee $4.00 (b) In addition to the fees prescribed above, transportation and other incidental costs actually and necessarily incurred by officers of the Foreign Service performing services elsewhere than at a Foreign Service office shall be collected from the persons requesting the performance of such services. Such collections shall not be considered as part of the official fees but shall be recorded as deposit funds and accounted for as such. [22 F.R. 10790, Dec. 27, 1957, as amended by Dept. Reg. 108.419, 24 F.R. 9235, Nov. 13, 1959; Dept. Reg. 108.466, 26 F.R. 2850, Apr. 6, 1961; Dept. Reg. 108.470, 26 F.R. 6970, Aug. 3, 1961; Dept. Reg. 108.473, 26 F.R. 10170, Oct. 31, 1961; Dept. Reg. 108.487, 27 F.R. 12829, Dec. 28, 1962] Remittances to Foreign Service posts from persons in the United States in payment of official fees and charges or for the purpose of establishing deposits in advance of rendition of services shall be in a form acceptable to the post, drawn payable to the "American Embassy at [name of city]" (or American Legation, American Consulate General, or American Consulate, as the case may be). This will permit encashment of negotiable instruments by the post when necessary. For method of endorsement of instruments for deposit in the Treasury, when not negotiated locally, see § 23.2 of this chapter. § 22.3 Receipts for fees; register of services. Every officer of the Foreign Service responsible for the performance of services as enumerated in the Tariff of Fees, Foreign Service of the United States of America (§ 22.1), shall give receipts for fees collected for his official services, specifying the nature of the service and numbered to correspond with entries in a register maintained for the purpose (22 U.S.C. 1192, 1193, and 1194). The register serves as a record of official acts performed by officers of the Foreign Service in a governmental or notarial capacity, corresponding in this regard with the record which notaries usually expected or required to keep of their official acts (see § 92.2) of this chapter. are Fees which have been collected for deposit in the Treasury are refundable (a) as specifically authorized by law (see 22 U.S.C. 214a concerning passport fees erroneously charged persons excused from payment, 22 U.S.C. 216 concerning passport fees in cases where the appropriate representative in the United States of a foreign government refuses a visa, and 46 U. S. C. 8 concerning fees improperly imposed on vessels or seamen), (b) when the principal officer at the consular post where the fee was collected (or the officer in charge of the consular section at a combined diplomatic consular post) finds upon review of the facts that the collection was erroneous upon the part of the officer under applicable law and regulation and directs that refund be made, or (c) when a finding that the collection was erroneous under applicable law and regulation is made by the Department of State with a view to payment of the refund in the United States in cases in which it is impracticable to have the facts reviewed and refund effected at the direction of the responsible consular officer. See § 13.1 of this chapter concerning refunds of fees improperly exacted by consular officers who have neglected to return the same to the Treasury. Fees are due and payable prior to issuance or delivery to the interested party of a signed document, a copy of a record, or other paper representative of a service performed. § 22.6 Deposits to quarantee payment of fees or incidental costs. When the amount of any fee is determinable only after initiation of the performance of a service, or if incidental costs are involved, the total fee and incidental costs shall be carefully estimated and an advance deposit required, subject to refund of any unused balance to the person making the deposit. by or pursuant to an act of Congress, shall be charged or collected by officers of the Foreign Service for official services performed abroad (22 U. S. C. 1201). All fees received by any officer of the Foreign Service for services rendered in connection with the duties of his office or as a consular officer shall be accounted for and paid into the Treasury of the United States (22 U. S. C. 99, 1942 Edition, as amended by sec. 1131 (26) of the Foreign Service Act of 1946, 60 Stat. 1037, and as modified by 22 U. S. C. 812 of the 1952 Edition). For receipt, registry, and numbering provisions, see § 22.3. 23.4 Representative value in exchange. 23.5 Claims for settlement by Department of State or General Accounting Office. AUTHORITY: The provisions of this Part 23 issued under sec. 4, 63 Stat. 111, as amended; 5 U.S.C. 151c. SOURCE: The provisions of this Part 23 appear at 22 F.R. 10793, Dec. 27, 1957, unless otherwise noted. § 23.1 Remittances made payable to the Department of State. Except as otherwise specified in this title, remittances of moneys shall be drawn payable to the Department of State and sent to the Department for action and deposit. (See §§ 21.2, 22.2, and 51.40 of this chapter.) § 23.2 Endorsing_remittances for deposit in the Treasury. The Office of Finance-Cashier Unit, the Authentication Office, the Passport Office or Passport Agency, American Embassy, American Legation, American consular office, or other office or unit of the Department of State authorized and required to deposit funds in the Treasury of the United States, is hereby authorized to endorse, or to have endorsed, to the order of the Treasurer of the United States by appropriate stamp, checks, drafts, money orders, or other forms of remittance, regardless of how drawn, which are for payment to the Department of State for deposit in the Treasury of the United States, including those payable to the Secretary of State. § 23.3 Refunds. (a) Rectifications and readjustments. See § 22.4 of this chapter for outline of circumstances under which fees which have been collected for deposit in the Treasury may be refunded. (b) Refund of wrongful exactions. See 13.1 of this chapter concerning recovery from consular officers of amounts wrongfully exacted and withheld by them. § 23.4 Representative value in exchange. Representative value in exchange for the collection of a fee means foreign currency equivalent to the prescribed United States dollar fee at the current rate of exchange at the time and place of payment of the fee. "Current rate" of exchange for this purpose means the bank selling rate at which the foreign bank will sell the number of United States dollars required to liquidate the obligation to the United States for the Foreign Service fee. § 23.5 Claims for settlement by Department of State or General Accounting Office. Claims for settlement by the Department of State or by the General Accounting Office shall be submitted to the Department in duplicate over the handwritten signature, together with the post office address of the claimant, and with appropriate recommendations of the officer of the Foreign Service, for items such as: (a) Refunds of amounts representing payroll deductions such as for any retirement and disability fund; (b) Amounts due deceased, incompetent, or insolvent persons including payees or bona-fide holders of unpaid Government checks; (c) Amounts claimed from the Government when questions of fact affect either the amount payable or the terms of payment, when for any reason settlement cannot or should not be affected at the Foreign Service office; and (d) Amounts of checks, owned by living payees or bona-fide holders, which have been covered into outstanding liabilities. The Foreign Service post or the Department of State shall be consulted before preparing the claim to ascertain whether any special form is required to be used. Claims for unpaid compensation of deceased alien employees shall be forwarded to the respective Foreign Service post. SUBCHAPTER D-CLAIMS AND STOLEN PROPERTY PART 31-ADMINISTRATIVE SETTLEMENT OF TORT CLAIMS AND CERTAIN PROPERTY DAMAGE CLAIMS The purpose of this part is to establish and provide a procedure for the preparation and submission of claims for personal injury, death, and property loss or damage cognizable under the Federal Tort Claims Act (62 Stat. 983; 28 U.S.C. 2672) and the act of August 1, 1956 (70 Stat. 890; 5 U.S.C. Supp. IV, 170g), and claims for property loss or damage cognizable under the act of June 19, 1939 (53 Stat. 841; 22 U.S.C. 277e), and to authorize certain officers of the Department of State and of the United States Section, International Boundary and Water Com mission, United States and Mexico, to consider, ascertain, adjust, determine and settle such claims. § 31.2 Delegation of authority. The Legal Adviser and the Deputy Legal Adviser are authorized to consider, ascertain, adjust, determine and settle claims cognizable under the Federal Tort Claims Act and the act of August 1, 1956, except claims arising out of activities of the Commission. Chiefs of mission and principal officers of fiscal reporting posts are authorized to consider, ascertain, adjust, determine and settle claims cognizable under the act of August 1, 1956, arising out of the activities of their respective establishments. The Commissioner is authorized to consider, ascertain, adjust, determine and settle claims cognizable under the Federal Tort Claims Act and the act of June 19, 1939, arising out of activities of the Commission. As used in this part, the term: (a) "Secretary" means the Secretary of State. (b) "Department” means the Department of State, its offices, bureaus, and divisions and its Foreign Service establishments abroad. (c) "Commission" means the United States Section, International Boundary and Water Commission, United States and Mexico. (d) "Legal Adviser" means the Legal Adviser of the Department of State. (e) "Deputy Legal Adviser" means the Deputy Legal Adviser of the Department of State. (f) "Chiefs of mission" means principal officers appointed by the President, by and with the advice and consent of the Senate, in charge of embassies or legations of the United States. (g) "Principal officers of fiscal reporting posts" means principal officers in charge of embassies, legations, or other diplomatic missions, or of a consulate general or consulate of the United States, which are designated fiscal reporting posts by the Department of State. |