13.3 Liability for neglect of duty or for malfeasance generally; action on bond; penalty. 13.4 False certificate as to ownership of property. AUTHORITY: The provisions of this Part 13 issued under sec. 302, 60 Stat. 1001; 22 U.S.C. 842. SOURCE: The provisions of this Part 13 appear at 22 F.R. 10789, Dec. 27, 1957, unless otherwise noted. § 13.1 Improper exaction of fees. Any consular officer who collects, or knowingly allows to be collected for any services any other or greater fees than are allowed by law for such services, shall, besides his liability to refund the same, be liable to pay to the person by whom or in whose behalf the same are paid, treble the amount of the unlawful charge so collected, as a penalty. The refund and penalty may be recovered with costs, in any proper form of action, by such person for his own use. The amount of such overcharge and penalty may at the discretion of the Secretary of the Treasury be ordered withheld from the compensation of such officer for payment to the person entitled to the same (22 U. S. C. 1189). NOTE: The foregoing relates to improper collection and personal withholding of funds by consular officers. For procedure where a collection, having been erroneously made, has been returned by the officer to the Treasury in good faith, making a subsequent accounting adjustment necessary, see § 22.4, Refund of fees of this chapter. Every consular officer who shall receive money, property, or effects belonging to a citizen of the United States and shall not within a reasonable time after demand made upon him by the Secretary of State or by such citizen, his executor, administrator, or legal representative, account for and pay over all moneys, property, and effects, less his lawful fees, due to such citizen, shall be deemed guilty of embezzlement, and shall be punishable by imprisonment for not more than five years, and by a fine of not more than $2,000 (22 U. S. C. 1198). Penalties of imprisonment and fine are also prescribed for embezzlement in connection with the acceptance, without execution of a prescribed form of bond, of appointment from any foreign state as administrator, guardian, or to any other office of trust for the settlement or conservation of estates of deceased persons or of their heirs or of persons under legal disabilities (22 U. S. C. 1178 and 1179). Acceptance of such appointments is not ordinarily permitted under existing regulations. See § 92.81 of this chapter. § 13.3 Liability for neglect of duty or for malfeasance generally; action on bond; penalty. Whenever any consular officer willfully neglects or omits to perform seasonably any duty imposed upon him by law, or by any order or instruction made or given in pursuance of law, or is guilty of any willful malfeasance or abuse of power, or of any corrupt conduct in his office, he shall be liable to all persons injured by any such neglect, or omission, malfeasance, abuse, or corrupt conduct, for all damages, occasioned thereby; and for all such damages, he and his sureties upon his official bond shall be responsible thereon to the full amount of the penalty thereof to be sued in the name of the United States for the use of the person injured. Such suit, however, shall in no case prejudice, but shall be held in entire subordination to the interests, claims, and demands of the United States, as against any officer, under such bond, for every willful act of malfeasance or corrupt conduct in his office. If any consul neglects or omits to perform seasonably the duties imposed upon him by the laws regulating the shipment and discharge of seamen, or is guilty of any malversation or abuse of power, he shall be liable to any injured person for all damage occasioned thereby; and for all melversation and corrupt conduct in office, he shall be punishable by imprisonment for not more than five years and not less than one, and by a fine of not more than $10,000 and not less than $1,000 (22 U.S.C. 1199). 1 23 4 5 a. For each search for a record and for making a copy or extract thereof, by photostat or b. For each additional copy of the first page, for 25 copies or less, for each copy of the 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 copies of records (1) fromsupplies kept for distribution, such as press releases and information leaflets; (2) as part of normal and generally reciprocal services performed by the Library of the Department at the request of similar agencies or institutions; or (3) in lieu of or as enclosures to letters with the purpose of saving costs in preparing mail.) (The routine servicing of requests of persons having permission to do research in For each signed statement of negative result of a search for a record (Item 1 above).. (Fees for searching and for copying, if required, are an additional charge under Item 1.) Any service described in Items 1, 2, 3, or 4 above, when a. Required for official use by an agency of the Federal Government or of any of the Required for official use by a foreign government, or by an international agency of Performed in providing to a party in interest, one copy of the transcript of a hearing Performed in providing to a near relative or legal representative, one copy under seal § 21.2 Requesting services and forward- (a) Request for services, accompanied (b) Remittances shall be in the form either of (1) check or bank draft drawn on a bank in the continental United States, or (2) postal money order, or (3) cash. Remittances shall be made payable to the order of the Department of State. The Department will assume no responsibility for cash which is lost in the mail. (c) Fees must be paid in full prior to issuance of requested documents. If uncertainty as to the existence of a record, or as to the number of sheets to be copied, precludes remitting the exact fee chargeable with the request the Department of State will inform the interested party of the exact amount required. Granting of Exception under 22 CFR 53.3(h). $25.00 2 Any passport service furnished upon request during non-regular duty hours. (This fee 10.00 [Dept. Reg. 108.464, 26 F.R. 2711, Mar. 31, 1961] 22.7 Collection and return of fees. AUTHORITY: The provisions of this Part 22 issued under secs. 3, 4, 63 Stat. 111, as amended; 22 U.S.C. 811a, 5 U.S.C. 151c, E.O. 10718, 22 F.R. 4632, 3 CFR, 1954-1958 Comp. SOURCE: The provisions of this Part 22 appear at 22 F.R. 10790, Dec. 27, 1957, unless otherwise noted. § 22.1 Tariff of fees, Foreign Service of the United States of America. (a) Officers of the Foreign Service shall charge for official services performed abroad at the rates prescribed in this tariff, in coin of the United States or at its representative value in exchange (22 U.S.C. 1202). For definition of representative value in exchange, see § 23.4 of this chapter. No fees named in this tariff shall be charged or collected for the official services to American vessels and seamen (22 U. S. C. 1186). The term "American vessels" is defined to exclude, for the purposes of this tariff, undocumented American vessels and the fees prescribed herein shall be charged and collected for such undocumented vessels. However, the fees prescribed herein shall not be charged or collected for American public vessels, which includes any vessel owned or operated by a United States Government department or agency and engaged exclusively in official business on a non-commercial basis. This tariff shall be kept posted in a conspicuous place in each Foreign Service office, subject to the examination of all persons interested therein (22 U. S. C. 1197). PASSPORT AND CITIZENSHIP SERVICES Item No. 1. Execution of application for passport-no exceptions (22 U. S. C. 214) 2. Examination of passport application executed before a foreign official.. 3. Issuance of passport (22 U. S. C. 214). 4. Renewal of passport (22 U. S. C. 217a). 5. Issuance of certificate or card of identity and registration__ 6. Issuance or renewal of passport (a) to officers or employees of the United States proceeding abroad or return- (b) to seamen when employed as such on American vessels (22 U. S. C. 214) - 9. Execution of application for registration___ Fee $1.00 $1.00 $9.00 $5.00 $1.00 No fee No fee No fee No fee No fee No fee 10. Execution of affidavit in regard to American birth in connection with application for registration or for passport.. No fee 11. Administering the oath of allegiance to a native-born American woman who No fee (a) of repatriation of a native-born American woman whose marital status $5.00 $5.00 (c) of repatriation under the act of July 20, 1954 (8 U. S. C. 1438 Supp.), $5.00 Item No. PASSPORT AND CITIZENSHIP SERVICES-Continued Fee 13. Completion of birth and death reports in number of copies prescribed by regulation (a) Registration of birth of American citizen.. (b) Furnishing one copy of the consular report of birth (Form FS-240, (c) Report of death of American citizen and sending one copy each to legal (Charge under item 75 below for any additional copies made and furnished, as (Item numbers 16 through 19 vacant.) -- No fee $1.50 No fee $3.00 $25.00 VISA SERVICES FOR ALIENS 20. Furnishing and verification of application for immigrant visa, including duplicate copy (8 U. S. C. 1351).. 21. Issuance of each immigrant visa (8 U. S. C. 1351). 22. Furnishing and verification of application and issuance of nonimmigrant visa. (Fees prescribed in Appendix C, Visa Handbook of Department of State, as amended from time to time.) 23. Furnishing and verification of application and issuance of nonimmigrant visa to alien proceeding solely in transit to and from the headquarters district of the United Nations under the provisions of section 11 of the Agreement between the United Nations and the United States of America regarding the headquarters of the United Nations (61 Stat. 756) 24. Visa of alien crew list___ 25. Supplemental visa of alien crew list. 26. Medical examination of applicant for immigrant or nonimmigrant visa, when the examination is performed by a physician employed by the United States Public Health Service.. 27. Medical examination of applicant for nonimmigrant visa who is proceeding to 28. Medical examination of applicant for immigrant visa under legislation author- SERVICES RELATING TO VESSELS AND SEAMEN 30. Noting marine protest, when required by a master of a foreign or an undocumented vessel.. 31. Extending marine protest, when required by master of a foreign or an undocumented vessel.. If it exceeds 200 words, for every additional 100 words or fraction thereof---32. Protest of master against charterers or freighters, when required by master of a foreign or an undocumented vessel.. 33. Shipment or discharge of seaman on undocumented vessel, each seaman_ 35. Issuance of provisional certificate of registry or certificate of American owner- 36. Services under this tariff (unless designated "no exceptions") when performed $5.00 $20.00 No fee $2.00 No fee $10.00 No fee No fee $5.00 $10.00 $1.00 $5.00 $2.00 $10.00 $5.00 No fee |