Item No. SERVICES RELATING TO VESSELS AND SEAMEN-continued 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 Fee $2.00 $10.00 $5.00 No fee NOTARIAL SERVICES AND AUTHENTICATION 45. Administering an oath and certificate thereof.---. 46. Taking the acknowledgment of the execution of a document, and certificate thereof 47. Certifying under official seal that a copy or extract made from an official or a private document is a true copy. (Fees for copying, if required, are an additional charge under item 75.). 48. Certifying to official character of a foreign notary or other official (i. e., authenticating a document) $2.50 $2.50 $1.00 $2.50 49. Administering oaths, taking acknowledgments, or supplying authentications, in 52. For affidavit of petitioner or his agent on documents or evidence to be presented 55. Noting of a negotiable instrument for want of acceptance or payment, certifying to protest, and giving notice to issuer and endorsers when requested to do so. (In addition to this fee the consular officer should charge under item 85 for time spent outside the consular office in presentment of the instrument for acceptance or payment.) (Items number 56 and 57 vacant.) 58. Services under this heading "Notarial Services and Authentications," when rendered (a) in connection with the execution of forms or documents required by $2.50 $2.50 $2.50 $2.50 $5.00 No fee (b) in connection with the assignment and transfer of United States bonds (e) to American citizens, while outside the United States, in preparation No fee No fee No fee No fee No fee (g) to an official of a foreign government in circumstances where furnishing the service is an appropriate or reciprocal courtesy-(Items number 59 through 64 vacant.) No fee Item No. SERVICES RELATING TO TAKING OF EVIDENCE 65. In taking depositions or executing commissions to take testimony (for ad- (a) for the services of the diplomatic or consular officer, including com- (b) for the services of the diplomatic or consular officer, as above, for (c) for the services, if required, of a staff member of the Foreign Service (d) stenographic and typing service when supplied by the Foreign Service post, for each 100 words or fraction thereof (charge additionally under item 75 for extra copies, if requested). 66. Executing commissions to take testimony in connection with foreign documents for use in criminal cases when the commission is accompanied by an order of Federal court on behalf of an indigent party as contemplated by 18 U. S. C. 3495_. 67. Providing seal and certificate for return of letters rogatory executed by foreign officials (Items number 68 and 69 vacant.) DECEDENT'S ESTATES 70. Taking into possession under 22 U. S. C. 1175 the personal estate of any citizen 71. Service as described under item 70 above, when performed in the case of a COPYING, RECORDING AND PROCTORING 75. Copies made by typewriter (letter-size, double-spaced page or equivalent), photostat or otherwise— Fee $15.00 $10.00 $4.00 $1.00 No fee $5.00 $2.00 No fee No fee (a) a copy or extract thereof, single page.. $2.00 (b) for each additional copy of the first page, for 25 copies or less; for $0.60 (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 (Items number 76 and 77 vacant.) $0.20 $5.00 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__ 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 No fee $4.00 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 office. See § 13.1 of this chap ter concerning refunds of fees improperly exacted by consular officers who have neglected to return the same to the Treasury. § 22.5 Time at which fees become payable. Fees are due and payable prior to is~ suance 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 guarantee 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. § 22.7 Collection and return of fees. No fees other than those prescribed in the Tariff of Fees, Foreign Service of the United States of America (§ 22.1), or 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. § 23.1 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 AUTHORITY: The provisions of this Part 31 issued under 49 Stat. 906, as amended, sec. 4, 63 Stat. 111, as amended, sec. 2, 70 Stat. 890, sec. 1, 62 Stat, 983, as amended at 80 Stat. 306; 22 U.S.C. 277e, 2658, 2669, 28 U.S.C. 2672; 28 CFR 14.11. SOURCE: The provisions of this Part 31 contained in Dept. Reg. 108.549, 32 F.R. 4020, Mar. 14, 1967, unless otherwise noted. 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 capable of administrative settlement under the Federal Tort Claims Act (28 U.S.C. 2672), as amended and the act of August 1, 1956 (5 U.S.C. 170g), and claims for property loss or damage cognizable under the act of June 19, 1939 (22 U.S.C. 277e), and to authorize certain officers of the Department of State and of the U.S. Section, International Boundary and Water Commission, 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 Advisers are authorized to consider, ascertain, adjust, determine, and settle claims capable of administrative settlement under the Federal Tort Claims Act and the act of August 1, 1956, except claims arising out of activities of the Commission. Awards in excess of $25,000 require approval by the Attorney General or his designee. Chief's of mission and principal officers of fiscal reporting posts are authorized to consider, ascertain, adjust, determine and settle claims in an amount of $1,000 or less which are capable of administrative settlement 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 |