the candidate's qualifications clearly warrant such action. A candidate's total qualifications, as evaluated by the examing panels and the Board, will have an important bearing on the decision to certify a candidate for appointment at a class other than that which equates to his current salary. (3) Application validity and termination. If an applicant is not called for examination within 2 years from the date of his application, or, if based on the qualifications review, it is decided not to proceed further with his candidacy, or if he is not certified as a successful candidate following examination, his candidacy will be terminated. He may, however, reapply after 12 months by submitting a new application. (4) Purpose of examination. The purpose of the examination is to determine an applicant's competence to perform the function or functions for which he is being considered and his fitness for a Foreign Service career. (5) Nature of examination-(i) Medical. A medical examination is required for the applicant and his dependents who will reside with him on tours abroad. Each applicant and his dependents shall meet the physical requirements for full Foreign Service duty. Normally, failure to meet the medical requirements will preclude appointment as a Foreign Service officer. In exceptional cases, the Director General may grant a waiver of the physical requirements in the interest of the Service. (ii) Security. Each applicant shall have demonstrated his loyalty to the Government of the United States and his attachment to the principles of the Constitution. A background investigation shall be conducted or appropriate security clearance shall be assured. (iii) Qualifications evaluation. An evaluation is made of the education, training, experience, and work performance of the applicant based on his application forms, records of performance, interviews, background investigative reports, and other available information. A record of successful performance overseas is not a lateral entry prerequisite, but is considered an additional favorable factor in evaluating an applicant. (iv) Oral examination. (a) Candidates recommended for further consideration after completion of the qualifications review and evaluation outlined in subparagraph (1) of this paragraph and subdivision (iii) of this subparagraph are (b) The oral examination is normally given in Washington, but may, in exceptional circumstances, be given at Foreign Service posts selected by the Board of Examiners, but not at the candidate's post of assignment... (v) Findings of examining panels. Determinations of duly constituted panels of examiners and deputy examiners are final, unless modified by specific action of the Board of Examiners for the Foreign Service. (g) Certification for appointment. After completion of all aspects of the examination, the Board of Examiners certifies for appointment successful candidates specifying the class and salary for which they are found qualified. [Dept. Reg. 108.592, 33 F.R. 10845, July 31, 1968] § 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 wilfully 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 therof 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 malversation 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). § 13.4 False certificate as to ownership of property. If any consul of vice consul falsely and knowingly certifies that property belonging to foreigners is property belonging to citizens of the United States, he shall be punishable by imprisonment for not more than three years, and by a fine of not more than $10,000 (22 U.S.C. 1200). 1 Description of service Fee a. For each search for a record and for making a copy or extract thereof, by photostat or $2.00 23 4 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) from supplies 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.) 5 Any service described in Items 1, 2, 3, or 4 above, when a. Required for officials 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 [22 F.R. 10790, Dec. 27, 1957, as amended by Dept. Reg. 108.572, 32 F.R. 16212, Nov. 28, 1967] § 21.2 Requesting services and forward ing remittances. (a) Request for services, accompanied by remittance of the exact total fare chargeable (as well as by a stamped addressed return envelope if certified mail, registered mail, air mail, or special delivery mail service is desired), shall be addressed to the Authentication Officer, Department of State, Washington, D.C. 20520. (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 2 Granting of Exception under 22 CFR 53.3 (h). [Dept. Reg. 108.464, 26 F.R. 2711, Mar. 31, 1961] Sec. 22.1 PART 22-FEES AND CHARGES, FOREIGN SERVICE Tariff of fees, Foreign Service of the 22.2 Remittances to Foreign Service posts. Time at which fees become payable. 22.6 Deposits to guarantee payment of fees or incidental costs. 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, 2658, E.O. 10718, 22 F.R. 4632; 3 CFR, 1954-1958 Comp., page 382. SOURCE: The provisions of this Part 22 appear at 22 F.R. 10790, Dec. 27, 1957, unless otherwise noted. Fee $25.00 10.00 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. 1185). 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 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). a PASSPORT AND CITIZENSHIP SERVICES Item No. 1. Execution of application for passport (22 U.S.C. 214) – 2. Examination of passport application executed before a foreign official. 3. Issuance of passport (22 U.S.C. 214). (Item number 4 vacant.) 5. Issuance of certificate or card of identity and registration__. 6. Execution of application for or issuance of passport Fee $2.00 $1.00 $10.00 $3.00 (a) to officers or employees of the United States proceeding abroad or return- No fee No fee (c) to widows, children, parents, brothers, or sisters of deceased members of the Armed Forces proceeding abroad to visit the graves of such members C. (22 U.SC. 214). No fee (d) to employees of the American National Red Cross proceeding abroad as a member of the civilian component of the Armed Forces of the United States (10 U.S.C. 2602(c)) .. No fee Item No. PASSPORT AND CITIZENSHIP SERVICES Continued (e) to peace Corps Volunteers and Volunteer Leaders, who are deemed to be 7. Amendment of passport--. Fee -----. No fee ------- No fee No fee No fee No fee 8. Verification of passport__. 9. Execution of application for registration_ 10. Execution of affidavit in regard to American birth in connection with application for registration or for passport.... 11. Administering the oath of allegiance to a native-born American woman who lost her citizenship solely by marriage to an alien_ 12. For delivery to the applicant of a certified copy of an executed form (a) of repatriation if a native-born American women whose marital status No fee $5.00 (b) of repatriation of a native-born American woman under sec. 324 of the (c) of repatriation under the act of July 20, 1954 (8 U.S.C. 1438 Supp.), 13. Completion of birth and death reports in number of copies prescribed by (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 (Items number 16 through 19 vacant.) $5.00 $5.00 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-. 21. Issuance of each immigrant visa_ 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.. |