« PreviousContinue »
CHAPTER I-DEPARTMENT OF STATE
SUBCHAPTER A- -GENERAL
Insignia of rank.
Protection of foreign dignitaries and other official personnel.
3 Acceptance of gifts and decorations from foreign governments.
Appointment of Foreign Service Officers.
12 Complaints against employees by alleged creditors.
SUBCHAPTER C-FEES AND FUNDS
Fees for services in the United States.
Fees and charges, Foreign Service.
Finance and accounting.
SUBCHAPTER D- -CLAIMS AND STOLEN PROPERTY
Administrative settlement of tort claims and certain property damage claims.
Visas: documentation of nonimmigrants under the Immigration and
Visas: documentation of immigrants under the Immigration and Nationality
Control of aliens departing from the United States.
Travel control of citizens of United States in time of war or national emergency.
SUBCHAPTER G-INTERNATIONAL EDUCATIONAL AND CULTURAL
Payments to and on behalf of participants in the International Educational and Cultural Exchange Program.
SUBCHAPTER H-PROTECTION AND WELFARE OF AMERICANS, THEIR PROPERTY AND ESTATES
SUBCHAPTER K-ECONOMIC, COMMERCIAL AND CIVIL AVIATION
Economic and commercial functions.
SUBCHAPTER L-ENEMIES AND REPARATIONS
Removal of alien enemies brought to the United States from other American Republics.
Reparations: World War II.
SUBCHAPTER M-INTERNATIONAL TRAFFIC IN ARMS
Arms, ammunition, and implements of war.
Licenses for unclassified arms, ammunition, and implements of war.
Unclassified technical data and classified information (data and equipment). Prohibited shipments, temporary suspension or modification of regulations, exemptions, and relation to other provisions of law.
Violations and penalties.
Certificates of authentication.
Books, maps, newspapers, etc.
SUBCHAPTER O CIVIL RIGHTS
Nondiscrimination in federally-assisted programs of the Department of State effectuation of Title VI of the Civil Rights Act of 1964.
PART 1 INSIGNIA OF RANK
1.1 Office of the Secretary of State. 1.2 Office of the Under Secretary of State.
AUTHORITY: The provisions of this Part 1 issued under sec. 4, 63 Stat. 111, as amended; 22 U.S.C. 2658.
SOURCE: The provisions of this Part 1 appear at 22 FR. 10788, Dec. 27, 1957, unless otherwise noted.
§ 1.1 Office of the Secretary of State.
The official flag indicative of the office of Secretary of State shall be as follows: On a blue rectangular field a white disk bearing the official coat of arms of the United States adopted by the act of June 20, 1782, in proper colors. In each of the four corners a white five-pointed star with one point upward. The colors and automobile flag to be the same design, adding a white fringe. For the colors a cord and tassel of blue and white to be added. The sizes to be in accordance with military and naval customs.
§ 1.2 Office of the Under Secretary of State.
The official flag indicative of the office of the Under Secretary of State
shall be as follows: On a white rectangular field a blue disk bearing the official coat of arms of the United States adopted by act of June 20, 1782, in proper colors. In each of the four corners a five-pointed star with one point upward. The colors and automobile flag to be the same design, adding a blue fringe. For the colors a cord and tassel of white and blue to be added. The sizes to be in accordance with military and naval customs.
PART 2-PROTECTION OF FOREIGN DIGNITARIES AND OTHER OFFICIAL PERSONNEL
§ 2.1 Designation of personnel to carry firearms and exercise appropriate power of arrest.
The Deputy Assistant Secretary of State for Security is authorized to designate certain employees of the Department of State and the Foreign Service, as well as employees of other departments and agencies detailed to and under the supervision and control of the Department of State, as Security Officers, as follows.
(a) Persons so designated shall be authorized to carry firearms when engaged in the performance of the duties prescribed in section (1) of the Act of June 28, 1955, 69 Stat. 188, as amended. No person shall be so designated unless he has either qualified in the use of firearms in accordance with standards established by the Deputy Assistant Secretary of State for Security, or in accordance with standards established by the department or agency from which he is detailed.
(b) Persons so designated shall also be authorized, when engaged in the performance of duties prescribed in section (1) of the Act of June 28, 1955, 69 Stat. 188, as amended, to arrest without warrant and deliver into custody any person violating the provisions of Section 111 or 112 of Title 18, United States Code, in their presence or if they have reasonable grounds to believe that the person to be arrested has committed or is committing such felony.
(Sec. 4, 63 Stat. 111, as amended, sec. 1, 69 Stat. 188; 22 U.S.C. 2658, 2666) [Dept. Reg. 108.514, 29 F.R. 15571, Nov. 20, 1964]
As used in this part
(a) The term "person" includes every person who occupies an office or a position in the Government of the United States, its territories and possessions, the Canal Zone Government, and the Government of the District of Columbia, or is a member of the Armed Forces of the United States, or a member of the family and household of any such person. For the purpose of this part, "member of the family and household" means a relative by blood, marriage or adoption who is a resident of the household.
(b) The term "foreign government" includes every foreign government and every official, agent, or representative thereof.
(c) The term "gift" includes any present or thing, other than a decoration, tendered by or received from a foreign government.
(d) The term "decoration" includes any order, device, medal, badge, insignia, or emblem tendered by or received from a foreign government.
(e) The term "gift of minimal value" includes any present or other thing, other than a decoration, which has a retail value not in excess of $50 in the United States.
(f) The term "outstanding or unusually meritorious performance" includes performance of duty by a person determined by the appropriate agency to have contributed to an unusually significant degree to the furtherance of good relations between the United States and the foreign government tendering the decoration.
(g) The term "special or unusual circumstances" includes any circumstances which would appear to make it improper for the donee to receive a gift or decoration, and also includes, in some instances, the very nature of the gift itself.
(h) The term "appropriate agency" means the department, agency, office, or other entity in which a person is employed or enlisted, or to which he has been appointed or elected. If the donee is not so serving, but is a member of the family and household of such a person, then the "appropriate agency" is that in which the head of the household is serving.
(i) The term "approval by the appropriate agency" includes approval by such person or persons as are duly authorized by such agency to give the approval required by these regulations.
(j) The term "Chief of Protocol" means the Chief of Protocol of the Department of State.
§ 3.4 Release of gifts and decorations on deposit in the Department of State through October 14, 1966.
Any gift or decoration on deposit with the Department of State on the effective date of this part shall, following written application to the Chief of Protocol and subsequent approval by the Chief of Protocol and the appropriate agency, be released through the appropriate agency to the donee or his legal representative. Such donee may also, if authorized by the appropriate agency, wear any decoration so released. Approval for release will normally be given unless, from the special or unusual circumstances involved, it would appear to the Chief of 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.
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 indivdual agency regulations, table favors, mementos, remembrances, 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. ceived 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. Nothwithstanding 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 deocrations 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 instruction 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.