Federal Register / Vol. 72, No. 39 / Wednesday, February 28, 2007 / Rules and Regulations 8887 

systems and where service history 

shows that inspections will provide an 

adequate level of safety. 

(2) The existence of any failure 

condition, not extremely improbable, 

during flight that could significantly 

affect the structural capability of the 

airplane and for which the associated 

reduction in airworthiness can be 

minimized by suitable flight limitations 

must be signaled to the flightcrew. For 

example, failure conditions that result 

in a factor of safety between the airplane 

strength and the loads of part 25, 

subpart C, below 1.25 or flutter margins 

below V′′ must be signaled to the crew 

during flight. 

(e) Dispatch with known failure 

conditions. If the airplane is to be 

dispatched in a known system failure 

condition that affects structural 

performance or affects the reliability of 

the remaining system to maintain 

structural performance, then the 

provisions of this special conditions 

must be met, including the provisions of 

paragraph (b), for the dispatched 

condition and paragraph (c) for 

subsequent failures. Expected 

operational limitations may be taken 

into account in establishing Pj as the 

probability of failure occurrence for 

determining the safety margin in Figure 

1. Flight limitations and expected 

operational limitations may be taken 

into account in establishing Qj as the 

combined probability of being in the 

dispatched failure condition and the 

subsequent failure condition for the 

safety margins in Figures 2 and 3. These 

limitations must be such that the 

probability of being in this combined 

failure state and then subsequently 

encountering limit load conditions is 

extremely improbable. No reduction in 

these safety margins is allowed, if the 

subsequent system failure rate is greater 

than 1E–3 per flight hour. 

2. Limit Pilot Forces. In addition to 

the requirements of § 25.397(c) the 

following special condition applies. 

The limit pilot forces are: 

a. For all components between and 

including the handle and its control 

stops. 

Pitch Roll 

Nose up 200 lbf. 

(pounds force).

Nose left 100 lbf. 

Nose down 200 lbf .... Nose right 100 lbf. 

b. For all other components of the 

side stick control assembly, but 

excluding the internal components of 

the electrical sensor assemblies to avoid 

damage as a result of an in-flight jam. 

Pitch Roll 

Nose up 125 lbf ........ Nose left 50 lbf. 

Nose down 125 lbf .... Nose right 50 lbf. 

3. High Intensity Radiated Fields 

(HIRF) Protection. 

a. Protection from Unwanted Effects 

of High Intensity Radiated Fields. Each 

electrical and electronic system which 

performs critical functions must be 

designed and installed to ensure that the 

operation and operational capability of 

these systems to perform critical 

functions are not adversely affected 

when the airplane is exposed to high 

intensity radiated fields. 

b. For the purposes of this special 

condition, the following definition 

applies: Critical Functions: Functions 

whose failure would contribute to or 

cause a failure condition that would 

prevent the continued safe flight and 

landing of the airplane. 

Issued in Renton, Washington, on February 

21, 2007. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E7–3499 Filed 2–27–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF STATE 

22 CFR Part 72 

[Public Notice 5702] 

RIN 1400–AC24 

Deaths and Estates 

AGENCY: Department of State. 

ACTION: Final rule. 

SUMMARY: The Department of State is 

issuing a final rule to update and amend 

its regulations on deaths and estates in 

22 CFR Part 72, after review of one 

public comment received in response to 

the Department’s October 24, 2006, 

issuance of a proposed rule. The 

existing regulations were originally 

issued in 1957. They needed to be 

redrafted in plain language and changed 

to reflect changes in State Department 

statutory authority and current practice. 

Sections 234 and 235 of the James W. 

Nance and Meg Donovan Foreign 

Relations Authorization Act, Fiscal 

Years 2000 and 2001 made some 

changes to consular officer and State 

Department responsibilities with respect 

to the deaths and personal estates of 

United States citizens and non-citizen 

nationals abroad that must be reflected 

in the regulations. 

DATES: This rule becomes effective on 

March 30, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Edward A. Betancourt, Monica Gaw or 

Michael Meszaros, Overseas Citizens 

Services, Department of State, 2100 

Pennsylvania Avenue, 4th Floor, 

Washington, DC 20037, 202–736–9110, 

fax number 202–736–9111. Hearing or 

speech-impaired persons may use the 

Telecommunications Devices for the 

Deaf (TDD) by contacting the Federal 

Information Relay Service at 1–800–

877–8339. 

SUPPLEMENTARY INFORMATION: 

I. Legal Authority 

Sections 234 and 235 of the James W. 

Nance and Meg Donovan Foreign 

Relations Authorization Act, Fiscal 

Years 2000 and 2001 (Pub. L. 106–113), 

(hereinafter ‘‘the Act’’), as codified in 22 

U.S.C. 2715b and 2715c. 

II. Introduction 

The Department published a proposed 

rule, Public Notice 5582 at 71 FR 62219, 

on October 24, 2006, with a request for 

comments regarding the proposed 

changes in the Department’s Death and 

Estate Regulations. This rule details the 

handling of deaths and estates of 

American citizens who die abroad. 

Legislation was passed in the year 2000 

amending many of the statutes 

authorizing the State Department to 

perform this function. Many of the CFR 

provisions are unchanged since 1957. 

Some need revision because of the 

legislation; others are out of date. 

This rule amends the existing 

regulations in 22 CFR Part 72 and 

implements sections 234 and 235 of the 

James W. Nancy and Meg Donovan 

Foreign Relations Authorization Act, 

Fiscal Years 2000 and 2001 (Pub. L. 

106–113), (hereinafter ‘‘the Act’’), as 

codified in 22 U.S.C. sections 2715(b), 

2715b, and 2715c. The current Part 72 

will be removed in its entirety, and 

replaced with the proposed rules. 

Notifications and Reports of Death 

Section 234 of the Act provides an 

explicit statutory mandate, codified as 

22 U.S.C. 2715b(a), to a consular officer 

to endeavor to notify, or assist the 

Secretary of State in notifying, the next 

of kin or legal guardian as soon as 

possible when a United States citizen or 

non-citizen national dies abroad, with 

certain exceptions. 22 U.S.C. 2715b(a) 

essentially codifies existing practices 

concerning consular reporting and 

notification regarding deaths of United 

States citizens or non-citizen nationals 

as reflected in the existing 22 CFR 72.1 

through 72.8, with some variations in 

the exceptions to normal notification 

procedures. 22 U.S.C. 4196, which 

provides for the consular officer to 


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notify the legal representative and the 

Secretary of State of the death of a 

United States citizen or national abroad, 

is unaffected by Section 234. 

Under the amended regulations, when 

notifying next of kin of the death of a 

United States citizen or non-citizen 

national abroad, such notifications will 

be made by telephone and confirmed in 

writing, for example, through an e-mail 

or fax. The State Department previously 

used a commercial telegram service to 

make such notifications. 

Section 234 of the Act also explicitly 

authorizes a consular officer to issue a 

report of death or of presumptive death 

in the case of a finding of death by the 

appropriate local authorities. In 

addition, it explicitly authorizes a 

consular officer to issue a report of 

presumptive death in the absence of a 

finding of death by the appropriate local 

authorities. This latter provision is 

intended to allow the consular officer to 

issue a report of presumptive death in 

exceptional circumstances where the 

evidence that the individual has died 

(e.g., he or she was listed as a passenger 

on an aircraft that crashed leaving no 

survivors) is persuasive, but local 

authorities have not issued and are not 

likely to issue a finding of death 

(because e.g., issuance of a local death 

certificate requires forensic evidence 

that is not available or there is no local 

authority that clearly has jurisdiction.) 

The Section 234 authorities to issue 

reports of death are codified at 22 U.S.C. 

2715b(b). 

Protection of Estates 

Section 234 of the Act further 

preserves and updates the authority of 

a consular officer to serve as provisional 

conservator of the portion of the 

personal estate of a deceased United 

States citizen or non-citizen national 

that is located abroad. It also preserves 

and updates the authority of a consular 

officer in ‘‘exceptional circumstances’’

to serve as the administrator of the 

estate. This authority is now codified at 

22 U.S.C. 2715c. (The predecessor 

statute, 22 U.S.C. 4195, was repealed by 

Section 234.) 

Pursuant to 22 U.S.C. 2715c, a 

consular officer may serve as 

provisional conservator or administrator 

of the personal estate of a United States 

citizen or non-citizen national only 

when this is authorized by treaty 

provisions, permitted by the laws and 

authorities of the foreign country where 

the death occurs, or the decedent is 

domiciled, or permitted by established 

usage in that foreign country. Serving as 

a provisional conservator or 

administrator with respect to the 

personal estate of a deceased United 

States citizen or non-citizen national is, 

however, not authorized if the decedent 

has left or there is otherwise appointed 

in the foreign country where the death 

occurred or where the decedent was 

domiciled, a legal representative, 

partner in trade, or trustee appointed to 

take care of the personal estate. If such 

a legal representative, partner in trade or 

trustee appears at any time prior to the 

transmission of the property to the 

Secretary of State and demands the 

proceeds and effects held by the 

consular officer, the consular officer 

must deliver them after collecting any 

fees prescribed for the services 

performed under 22 U.S.C. 2715c. 

Consistent with previous statutory 

authority, 22 U.S.C. 2715c(a)(1) 

confirms that a consular officer, when 

serving as provisional conservator of an 

estate may (A) take possession of the 

personal effects of the decedent within 

the consular officer’s jurisdiction, (B) 

inventory and appraise the personal 

effects, (C) when appropriate in the 

exercise of prudent administration, 

collect the debts due to the decedent in 

the officer’s jurisdiction and pay from 

the estate obligations owed by the 

decedent, (D) sell or otherwise dispose 

of, as appropriate, in the exercise of 

prudent administration, all perishable 

items of property, (E) sell, after 

reasonable public notice and notice to 

such next of kin as can be ascertained 

with reasonable diligence, additional 

items of property as necessary to 

provide funds for the decedent’s debts, 

local property taxes, funeral expenses 

and other expenses incident to the 

disposition of the estate; and (F) if no 

claimant has appeared within the one 

year period beginning on the date of 

death (or such reasonable additional 

period as may be required for final 

settlement of the estate), sell the residue 

of the personal estate in the same 

manner as United States Governmentowned foreign excess property, after 

reasonable public notice and notice to 

such next of kin as can be ascertained 

with reasonable diligence. 

Transmittal of Estates to Department of 

State 

Prior to enactment of the Legislative 

Appropriations Act of 1996 (Pub. L. 

104–53), the General Accounting Office 

(GAO) (now the Government 

Accountability Office) had 

responsibility for receiving the final 

statement of account and the personal 

effects of deceased United States 

citizens and non-citizen nationals that 

had been held by consular officers for 

over one year. Pub. L. 104–53 divested 

GAO of some of its ‘‘operational 

responsibilities,’’ including accepting 

the personal estates of United States 

citizens and non-citizen nationals who 

die abroad, and gave such 

responsibilities to the Executive Branch. 

Pursuant to Section 234 of the Act, the 

Department of State now has explicit 

responsibility for estates formerly 

transmitted to the GAO. 22 U.S.C. 

2715c(a)(1)(G) provides that any 

proceeds from sale of the residue of the 

estate shall be transmitted to the 

Secretary of State, who will have the 

authority to seek payment of debts to 

the estate and may take other action that 

is reasonably necessary for the 

conservation of the estate. 22 U.S.C. 

2715c(b)(1) conveys title of the residue 

of the estate to the United States if no 

legal claimant appears within five fiscal 

years beginning on October 1 after the 

date on which a consular officer took 

possession of the personal estate, and 

gives the Secretary of State the authority 

to dispose of the estate as surplus 

United States Government-owned 

property or such other means as may be 

appropriate in light of the nature and 

value of the property involved. The net 

cash estate after disposition goes to the 

miscellaneous receipts account of the 

Treasury. 

Conveyance of Real Property to United 

States Government 

Another new statutory authority 

conferred by Section 234 of the Act, and 

codified in 22 U.S.C. 2715c(a)(1)(H) and 

22 U.S.C. 2715c(b)(2), addresses the 

situation where real property belonging 

to a deceased United States citizen or 

non-citizen national lays dormant for 

lack of a claimant while taxes and other 

assessments accrue, with the possibility, 

therefore, that ownership of the 

property will be transferred to a foreign 

government authority. In that situation, 

if local law so provides, the consular 

officer may provide for title to the 

property to be conveyed to the United 

States Government unless the Secretary 

of State declines to accept the 

conveyance. Real property conveyed to 

the Secretary of State may be treated as 

foreign excess property, or, if the 

Department of State wants the property 

for its own use, may be treated as an 

unconditional gift. 

Compensation for Loss, Theft or 

Destruction 

Finally, Section 234 of the Act 

provides a new authority, codified in 22 

U.S.C. 2715c(c), for the Secretary of 

State to compensate the estate of any 

United States citizen or non-citizen 

national who has died overseas for 

property that was lost, stolen or 

destroyed while in the custody of 

officers or employees of the State 


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Department and with respect to which 

a consular officer was exercising the 

role of provisional conservator pursuant 

to 22 U.S.C. 2715 (relating to major 

disasters and incidents abroad affecting 

United States citizens) or 22 U.S.C. 

2715c(a). Any compensation provided 

under this provision is in lieu of 

personal liability of the State 

Department’s officers and employees. 

State Department officers and 

employees may be liable to the State 

Department for any such compensation 

provided, however, and liability 

determinations are to be made pursuant 

to the State Department’s procedures for 

determining accountability for United 

States Government property. The 

proposed regulations provide 

procedures for an estate to claim 

compensation by reference to 

Department of State regulations on 

overseas tort claims under 22 U.S.C. 

2669(f). 

Existing statutory provisions, 22 

U.S.C. 4197 and 22 U.S.C. 4198, 

prescribe the posting of bond by a 

consular officer who is appointed by a 

foreign state as an administrator, 

guardian or other office of trust for an 

estate and providing penalties for failure 

to post bond or for embezzlement, 

remain in force. 

Broader Definition of ‘‘Consular Officer’’ 

Section 235 of the Act amended 22 

U.S.C. 2715 (Procedures regarding major 

disasters and incidents abroad affecting 

United States citizens) by, inter alia, 

defining ‘‘consular officer’’ for the 

purpose of 22 U.S.C. 2715 and Section 

234 of the Act to include any United 

States citizen employee of the 

Department of State who is designated 

by the Secretary of State to perform 

consular services pursuant to such 

regulations as the Secretary may 

prescribe. Accordingly, such designated 

United States citizen employees now 

may make notifications of deaths, issue 

reports of death and presumptive death, 

and act as provisional conservators of 

estates. 

Analysis of Comments 

As stated above, the proposed rule 

was published on October 24, 2006. The 

Department received one comment 

regarding the proposed rule. There were 

no comments that objected to the 

proposed changes or the substance of 

the changes. 

The one comment received was 

intended to improve the language of the 

proposed rule by making the rule more 

easily understood. The commenter 

suggested that Section 72.2 should not 

begin with an exception and stated that 

section would read clear if the 

exception were placed at the end of the 

rule. The comment is well taken and we 

have adopted this suggestion, along 

with additional suggestions by the 

commenter to make the rule clearer and 

the language less bureaucratic. 

III. Regulatory Findings 

Administrative Procedure Act 

In accordance with provisions of the 

Administrative Procedure Act governing 

rules promulgated by Federal agencies 

that affect the public (5 U.S.C. 533), the 

State Department is publishing this 

proposed rule and inviting public 

comment. All comments received before 

the close of business on the comment 

closing date indicated above will be 

considered. 

Regulatory Flexibility Act 

In accordance with the Regulatory 

Flexibility Act 5 U.S.C. 605(b), the 

Department of State has evaluated the 

effects of this proposed action on small 

entities, and has determined, and 

hereby certifies, pursuant to 5 U.S.C. 

605(b), that it would not have a 

significant economic impact on a 

substantial number of small entities. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This rule is not a major rule as 

defined by 5 U.S.C. 804 for purposes of 

congressional review of agency 

rulemaking under the Small Business 

Regulatory Enforcement Fairness Act of 

1996, Public Law 104–121. This rule 

would not result in an annual effect on 

the economy of $100 million or more; a 

major increase in costs or prices; or 

significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or on the 

ability of United States-based 

companies to compete with foreignbased companies in domestic and 

export markets. 

The Unfunded Mandates Reform Act of 

1995 

Section 202 of the Unfunded 

Mandates Reform Act of 1995 (UFMA), 

Public Law 104–4; 109 Stat. 48; 2 U.S.C. 

1532, generally requires agencies to 

prepare a statement, including costbenefit and other analyses, before 

proposing any rule that may result in an 

annual expenditure of $100 million or 

more by State, local, or tribal 

governments, or by the private sector. 

This rule will not result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any year. Moreover, because this rule 

will not significantly or uniquely affect 

small governments, section 203 of the 

UFMA, 2 U.S.C. 1533, does not require 

preparation of a small government 

agency plan in connection with it. 

Executive Order 13132: Federalism 

A rule has federalism implications 

under Executive Order 13132 if it has 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. This regulation 

will not have such effects, and therefore 

does not have sufficient federalism 

implications to require consultations or 

to warrant the preparation of a 

federalism summary impact statement 

under section 6 of Executive Order 

13132. 

Executive Order 12866: Regulatory 

Review 

The Department of State does not 

consider this rule to be a ‘‘significant 

regulatory action’’ within the scope of 

section 3(f)(1) of Executive Order 12866. 

Nonetheless, the State Department has 

reviewed the regulation to ensure its 

consistency with the regulatory 

philosophy and principles set forth in 

the Executive Order. 

Executive Order 12988: Civil Justice 

Reform 

The State Department has reviewed 

this rule in light of sections 3(a) and 

3(b)(2) of Executive Order 12988 to 

eliminate ambiguity, minimize 

litigation, establish clear legal 

standards, and reduce burden. The State 

Department has made every reasonable 

effort to ensure compliance with the 

requirements in Executive Order 12988. 

Paperwork Reduction Act of 1995 

This rule does not impose any new 

reporting or recordkeeping requirements 

subject to the Paperwork Reduction Act, 

44 U.S.C. Chapter 35. 

List of Subjects in 22 CFR Part 72 

Estates. 

■ For reasons set forth in the preamble, 

Title 22, Chapter I, Subchapter H, part 

72 of the Code of Federal Regulations is 

revised to read as follows: 

PART 72—DEATHS AND ESTATES 

Reporting Deaths of United States 

Nationals 

Sec. 

72.1 Definitions. 

72.2 Consular responsibility. 

72.3 Exceptions. 

72.4 Notifications of death. 

72.5 Final report of death. 

72.6 Report of presumptive death. 


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Disposition of Remains 

72.7 Consular responsibility. 

Personal Estates of Deceased United States 

Citizens and Nationals. 

72.8 Regulatory responsibility of consular 

officer. 

72.9 Responsibility if legal representative is 

present. 

72.10 Responsibility if a will intended to 

operate locally exists. 

72.11 Responsibility if a will intended to 

operate in the United States exists. 

72.12 Bank deposits in foreign countries. 

72.13 Effects to be taken into physical 

possession. 

72.14 Nominal possession; property not 

normally taken into physical possession. 

72.15 Action when possession is 

impractical. 

72.16 Procedure for inventorying and 

appraising effects. 

72.17 Final statement of account. 

72.18 Payment of debts owed by decedent. 

72.19 Consular officer ordinarily not to act 

as administrator of estate. 

72.20 Prohibition against performing legal 

services or employing counsel. 

72.21 Consular officer not to assume 

financial responsibility for the estate. 

72.22 Release of personal estate to legal 

representative. 

72.23 Affidavit of next of kin. 

72.24 Conflicting claims. 

72.25 Transfer of personal estate to 

Department of State. 

72.26 Vesting of personal estate in United 

States. 

72.27 Export of cultural property; handling 

other property when export, possession, 

or import may be illegal. 

72.28 Claims for lost, stolen, or destroyed 

personal estate. 

Real Property Overseas Belonging to a 

Deceased United States Citizen or National. 

72.29 Real property overseas belonging to 

deceased United States citizen or 

national. 

72.30 Provisions in a will or advanced 

directive regarding disposition of 

remains. 

Fees 

72.31 Fees for consular death and estate 

services. 

Authority: 22 U.S.C. 2715, 2715b, 2715c, 

4196, 4197, 4198, 4199. 

Reporting Deaths of United States 

Nationals 

§ 72.1 Definitions. 

For purposes of this part: 

(a) Consular officer includes any 

United States citizen employee of the 

Department of State who is designated 

by the Department of State to perform 

consular services relating to the deaths 

and estates abroad of United States 

nationals. 

(b) Legal representative means—

(1) An executor designated by will 

intended to operate in the country 

where the death occurred or in the 

country where the deceased was 

residing at the time of death to take 

possession and dispose of the 

decedent’s personal estate; 

(2) An administrator appointed by a 

court of law in intestate proceedings in 

the country where the death occurred or 

in the country where the deceased was 

residing at the time of death to take 

possession and dispose of the 

decedent’s personal estate; 

(3) The next of kin, if authorized in 

the country where the death occurred or 

in the country where the deceased was 

residing at the time of death to take 

possession and dispose of the 

decedent’s personal estate; or 

(4) An authorized agent of the 

individuals described in paragraphs 

(b)(1), (b)(2) and (b)(3) of this section. 

(c) Department means the United 

States Department of State 

§ 72.2 Consular responsibility. 

When a consular officer learns that a 

United States citizen or non-citizen 

national has died in the officer’s 

consular district, the officer must—

(a) Report the death to the 

Department; and 

(b) The officer must also try to notify, 

or assist the Secretary of State in 

notifying, the next of kin (or legal 

guardian) and the legal representative, if 

different from the next of kin, as soon 

as possible. See § 72.3 for exceptions to 

this paragraph. 

§ 72.3 Exceptions. 

If a consular office learns that a 

United States citizen or non-citizen 

national employee or dependent of an 

employee of a member of the United 

States Armed Forces, or a United States 

citizen or non-citizen national employee 

of another department or agency or a 

dependent of such an employee, or a 

Peace Corps volunteer as defined in 22 

U.S.C. 1504(a) or dependent of a Peace 

Corps volunteer has died while in the 

officer’s consular district while the 

employee or volunteer is on assignment 

abroad, the officer should notify the 

Department. The consular officer should 

not attempt to notify the next of kin (or 

legal guardian) and legal representative 

of the death, but rather should assist, as 

needed, the appropriate military, other 

department of agency or Peace Corps 

authorities in making notifications of 

death with respect to such individual. 

§ 72.4 Notifications of death. 

The consular officer should make best 

efforts to notify the next of kin (or legal 

guardian), if any, and the legal 

representative (if any, and if different 

from the next of kin), of the death of a 

United States citizen or non-citizen 

national by telephone as soon as 

possible, and then should follow up 

with a written notification of death. 

§ 72.5 Final report of death. 

(a) Preparation. Except in the case of 

the death of an active duty member of 

the United States Armed Forces, when 

there is a local death certificate or 

finding of death by a competent local 

authority, the consular officer should 

prepare a consular report of death 

(‘‘CROD’’) on the form prescribed by the 

Department. The CROD will list the 

cause of death that is specified on the 

local death certificate or finding of 

death. The consular officer must prepare 

an original Report of Death, which will 

be filed with the Vital Records Section 

of Passport Services at the Department 

of State. The consular officer will 

provide a certified copy of the Report of 

Death to the next of kin or other person 

with a valid need for the Report within 

six months of the time of death. The 

next of kin or other person with a valid 

need for the Report may obtain 

additional certified copies after six 

months by contacting the Department of 

State, Vital Records, Passport Services, 

1111 19th St., NW., Rm. 510, 

Washington, DC 20036. 

(b) Provision to Department. The 

consular officer must sent the original of 

the CROD to the Department, with one 

additional copy for each agency 

concerned, if the deceased was: 

(1) A recipient of continuing 

payments other than salary from the 

Federal Government; or 

(2) An officer or employee of the 

Federal Government (other than a 

member of the United States Armed 

Services); or 

(3) A Selective Service registrant of 

inductable age. 

(c) Provision to next of kin/legal 

representative. The consular officer 

must provide a copy of the CROD to the 

next of kin (or legal guardian) or to each 

of the next of kin, in the event there is 

more than one (e.g. more than one 

surviving child) and to any known legal 

representative who is not the next of 

kin. 

(d) Transmission of form to other 

consular districts. If the consular officer 

knows that a part of the personal estate 

of the deceased is in a consular district 

other than that in which the death 

occurred, the officer should send a copy 

of the CROD to the consular officer in 

the other district. 

(e) The Department may revoke a 

CROD if it determines in its sole 

discretion that the CROD was issued in 

error. 


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§ 72.6 Report of presumptive death. 

(a) Local finding. When there is a 

local finding of presumptive death by a 

competent local authority, a consular 

officer should prepare a consular report 

of presumptive death on the form 

prescribed by the Department. 

(b) No local finding. (1) A United 

States citizen or non-citizen national 

may disappear or be missing in 

circumstances where it appears likely 

that the individual has died, but there 

is no local authority able or willing to 

issue a death certificate or a judicial 

finding of death. This may include, for 

example, death in a plane crash where 

there are no identifiable remains, death 

in a plane crash beyond the territory of 

any country, death in an avalanche, 

disappearance/death at sea, or other 

sudden disaster where the body is not 

immediately (or perhaps ever) 

recoverable. 

(2) Authorization of issuance. The 

Department may authorize the issuance 

of a consular report of presumptive 

death in such circumstances. A consular 

report of presumptive death may not be 

issued without the Department’s 

authorization. 

(3) Considerations in determining 

whether the Department will authorize 

issuance of a Report of Presumptive 

Death. The Department’s decision 

whether to issue a Report of 

Presumptive Death is discretionary, and 

will be based on the totality of 

circumstances in each particular case. 

Although no one factor is conclusive or 

determinative, the Department will 

consider the factors cited below, among 

other relevant considerations, when 

deciding whether to authorize issuance 

in a particular case: 

(i) Whether the death is believed to 

have occurred within a geographic area 

where no sovereign government 

exercises jurisdiction; 

(ii) Whether the government 

exercising jurisdiction over the place 

where the death is believed to have 

occurred lacks laws or procedures for 

making findings of presumptive death; 

(iii) Whether the government 

exercising jurisdiction over the place 

where the death is believed to have 

occurred requires a waiting period 

exceeding five years before findings of 

presumptive death may be made; 

(iv) Whether the person who is 

believed to have died was seen to be in 

imminent peril by credible witnesses; 

(v) Whether the person who is 

believed to have died is reliably known 

to have been in a place which 

experienced a natural disaster, or 

catastrophic event, that was capable of 

causing death; 

(vi) Whether the person believed to 

have died was listed on the certified 

manifest of, and was confirmed to have 

boarded, an aircraft, or vessel, which 

was destroyed and, despite diligent 

search by competent authorities, some 

or all of the remains were not recovered 

or could not be identified; 

(vii) Whether there is evidence of 

fraud, deception, or malicious intent. 

(c) Consular reports of presumptive 

death should be processed and issued in 

accordance with § 72.5. 

(d) The Department may revoke a 

report of presumptive death if it 

determines in its sole discretion that the 

report was issued in error. 

Disposition of Remains 

§ 72.7 Consular responsibility. 

(a) A consular officer has no authority 

to create Department or personal 

financial obligations in connection with 

the disposition of the remains of a 

United States citizen or non-citizen 

national who dies abroad. 

Responsibility for the disposition of the 

remains and all related costs (including 

but not limited to costs of embalming or 

cremation, burial expenses, cost of a 

burial plot or receptacle for ashes, 

markers, and grave upkeep), rests with 

the legal representative of the deceased. 

In the absence of a legal representative 

(including when the next of kin is not 

a legal representative), the consular 

officer should ask the next of kin to 

provide funds and instructions for 

disposition of remains. If the consular 

officer cannot locate a legal 

representative or next of kin, the 

consular officer may ask friends or other 

interested parties to provide the funds 

and instructions. 

(b) Arrangements for the disposition 

of remains must be consistent with the 

law and regulations of the host country 

and any relevant United States laws and 

regulations. Local law may, for example, 

require an autopsy, forbid cremation, 

require burial within a certain period of 

time, or specify who has the legal 

authority to make arrangements for the 

disposition of remains. 

(c) If funds are not available for the 

disposition of the remains within the 

period provided by local law for the 

interment or preservation of dead 

bodies, the remains must be disposed of 

by the local authorities in accordance 

with local law or regulations. 

Personal Estates of Deceased United 

States Citizens and Nationals 

§ 72.8 Regulatory responsibility of 

consular officer. 

(a) A consular officer should act as 

provisional conservator of the personal 

estate of a United States citizen or noncitizen national who dies abroad in 

accordance with, and subject to, the 

provisions of §§ 72.9 through 72.27. The 

consular officer may act as provisional 

conservator only with respect to the 

portion of the personal estate located 

within the consular officer’s district. 

(b) A consular officer may act as 

provisional conservator only to the 

extent that doing so is: 

(1) Authorized by treaty provisions; 

(2) Not prohibited by the laws or 

authorities of the country where the 

personal estate is located; or 

(3) Permitted by established usage in 

that country. 

§ 72.9 Responsibility if legal 

representative is present. 

(a) A consular officer should not act 

as provisional conservator if the 

consular officer knows that a legal 

representative is present in the foreign 

country. 

(b) If the consular officer learns that 

a legal representative is present after the 

consular officer has taken possession 

and/or disposed of the personal estate 

but prior to transmission of the proceeds 

and effects to the Secretary of State 

pursuant to § 72.25, the consular officer 

should follow the procedures specified 

in § 72.22. 

§ 72.10 Responsibility if a will intended to 

operate locally exists. 

(a) If a will that is intended to operate 

in the foreign country is discovered and 

the legal representative named in the 

will qualifies promptly and takes charge 

of the personal estate in the foreign 

country, the consular officer should 

assume no responsibility for the estate, 

and should not take possession, 

inventory and dispose of the personal 

property and effects or in any way serve 

as agent for the legal representative. 

(b) If the legal representative does not 

qualify promptly and if the laws of the 

country where the personal estate is 

located permit, however, the consular 

officer should take appropriate 

protective measures such as—

(1) Requesting local authorities to 

provide protection for the property 

under local procedures; and/or 

(2) Placing the consular officer’s seal 

on the personal property of the 

decedent, such seal to be broken or 

removed only at the request of the legal 

representative. 

(c) If prolonged delays are 

encountered by the local or domiciliary 

legal representative in qualifying and/or 

making arrangements to take charge of 

the personal estate, the consular officer 

should consult the Department 

concerning whether the will should be 

offered for probate. 


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§ 72.11 Responsibility if a will intended to 

operate in the United States exists. 

The consular officer immediately 

should forward any will that is intended 

to operate in the United States and that 

is among the effects taken into 

possession to the person or persons 

designated as executor(s). When the 

executor(s) cannot be located, the 

consular officer should send the will to 

the appropriate court in the State of the 

decedent’s domicile. Until the consular 

officer knows that a legal representative 

is present in the foreign country and has 

qualified or made arrangements to take 

charge of the personal estate, the 

consular officer should act as 

provisional conservator in accordance 

with § 72.8. 

§ 72.12 Bank deposits in foreign countries. 

(a) A consular officer is not 

authorized to withdraw or otherwise 

dispose of bank accounts and other 

assets deposited in financial institutions 

left by a deceased United States citizen 

or non-citizen national in a foreign 

country. Such deposits or other assets 

are not considered part of the personal 

estate of a decedent. 

(b) The consular officer should report 

the existence of bank accounts and other 

assets deposited in financial institutions 

of which the officer becomes aware to 

the legal representative, if any. The 

consular officer should inform the legal 

representative of the procedures 

required by local law and the financial 

institution to withdraw such deposits, 

and should provide a list of local 

attorneys in the event counsel is 

necessary to assist in withdrawing the 

funds. 

(c) A consular officer must not under 

any circumstances withdraw funds left 

by a deceased United States citizen or 

non-citizen national in a bank or 

financial institution in a foreign country 

without express approval and specific 

instructions from the Department. 

§ 72.13 Effects to be taken into physical 

possession. 

(a) A consular officer normally should 

take physical possession of articles such 

as the following: 

(1) Convertibles assets, such as 

currency, unused transportation tickets, 

negotiable evidence of debts due and 

payable in the consular district, and any 

other instruments that are negotiable by 

the consular officer; 

(2) Luggage; 

(3) Wearing apparel; 

(4) Jewelry, heirlooms, and articles 

generally by sentimental value (such as 

family photographs); 

(5) Non-negotiable instruments, 

which include any document or 

instrument not negotiable by the 

consular officer because it requires 

either the signatures of the decedent or 

action by, or endorsement of, the 

decedent’s legal representative. 

Nonnegotiable instruments include, but 

are not limited to, transportation tickets 

not redeemable by the consular officer, 

traveler’s checks, promissory notes, 

stocks, bonds or similar instruments, 

bank books, and books showing deposits 

in building and loan associations, and 

(6) Personal documents and papers. 

(b) All articles taken into physical 

possession by a consular officer should 

be kept in a locked storage area on post 

premises. If access to storage facilities 

on the post premises cannot be 

adequately restricted, the consular 

officer may explore the possibility of 

renting a safe deposit box if there are 

funds available in the estate or from 

other sources (such as the next of kin). 

§ 72.14 Nominal possession; property not 

normally taken into physical possession. 

(a) When a consular officer take 

articles of a decedent’s personal 

property from a foreign official or other 

persons for the explicit purpose of 

immediate release to the legal 

representative such acton is not a taking 

of physical possession by the officer. 

Before releasing the property, the 

consular officer must require the legal 

representative to provide a release on 

the form prescribed by the Department 

discharging the consular officer of any 

responsibility for the articles 

transferred. 

(b) A consular officer is not normally 

expected to take physical possession of 

items of personal property such as: 

(1) Items of personal property found 

in residences and places of storage such 

as furniture, household effects and 

furnishings, works of art, and book and 

wine collections, unless such items are 

of such nature and quantity that they 

can readily be taken into physical 

possession with the rest of the personal 

effects; 

(2) Motor vehicles, airplanes or 

watercraft; 

(3) Toiletries, such as toothpaste or 

razors; 

(4) Perishable items. 

(c) The consular officer should in his 

or her discretion take appropriate steps 

permitted under the laws of the country 

where the personal property is located 

to safeguard property in the personal 

estate that is not taken into the officer’s 

physical possession including such 

actions as: 

(1) Placing the consular officer’s seal 

on the premises or on the property 

(whichever is appropriate); 

(2) Placing such property in safe 

storage such as a bonded warehouse, if 

the personal estate contains sufficient 

funds to cover the costs of such 

safekeeping; and/or 

(3) If property that normally would be 

sealed by the consular officer is not 

immediately accessible, requesting local 

authorities to seal the premises or the 

property or otherwise ensure that the 

property remains intact until consular 

seals can be placed thereon, the 

property can be placed in safe storage, 

or the legal representative can assume 

responsibility for the property. 

(d) the consular officer may decide in 

his or her discretion to discard toiletries 

and perishable items. 

§ 72.15 Action when possession is 

impractical. 

(a) A consular officer should not take 

physical possession of the personal 

estate of a deceased United States 

citizen or non-citizen national in his or 

her consular district when the consular 

officer determines in his or her 

discretion that it would be impractical 

to do so. 

(b) In such cases, the consular officer 

must take action that he or she 

determines in his or her discretion 

would be appropriate to protect t the 

personal estate such as: 

(1) Requesting the persons, officials or 

organizations having custody of the 

personal estate to ship the property to 

the consular officer, if the personal 

estate contains sufficient funds to cover 

the costs of such shipment; or 

(2) Requesting local authorities to 

safeguard the property until a legal 

representative can take physical 

possession. 

§ 72.16 Procedure for inventorying and 

appraising effects. 

(a) After taking physical possession of 

the personal estate of a deceased United 

States citizen or non-citizen national, 

the consular officer should promptly 

inventory the personal effects. 

(b) If the personal estate taken into 

physical possession includes apparently 

valuable items, the consular officer may, 

in his or her discretion, seek a 

professional appraisal for such items, 

but only to the extent that there are 

funds available in the estate or from 

other sources (such as the next of kin) 

to cover the cost of appraisal. 

(c) The consular officer must also 

prepare a list of articles not taken into 

physical possession, with an indication 

of any measures taken by the consular 

office to safeguard such items for 

submission with the inventory of 

effects. 


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§ 72.17 Final statement of account. 

The consular officer may have to 

account directly to the parties in interest 

and to the courts of law in estate 

matters. Consequently, the officer must 

keep an account of receipts and 

expenditures for the personal estate of 

the deceased, and must prepare a final 

statement of account when turning over 

the estate to the legal representative, a 

claimant, or the Department. 

§ 72.18 Payment of debts owed by 

decedent. 

The consular officer may pay debts of 

the decedent which the consular officer 

believes in his or her discretion are 

legitimately owed in the country in 

which the death occurred, or in the 

country in which the decedent was 

residing at the time of death, including 

expenses incident to the disposition of 

the remains and the personal effects, out 

of the convertible assets of the personal 

estate taken into possession by the 

consular officer. 

§ 72.19 Consular officer is ordinarily not to 

act as administrator of estate. 

(a) A consular officer is not 

authorized to accept appointment from 

any foreign state or from a court in the 

United States and/or to act as 

administrator or to assist (except as 

provided in §§ 72.8 to 72.30) in 

administration of the personal estate of 

a United States citizen or non-citizen 

national who has died, or was residing 

at the time of death, in his or her 

consular district, unless the Department 

has expressly authorized the 

appointment. The Department will 

authorize such an appointment only in 

exceptional circumstances and will 

require the consular officer to execute 

bond consistent with 22 U.S.C. 4198 

and 4199. 

(b) The Department will not authorize 

a consular officer to serve as an 

administrator unless: 

(1) Exercise of such responsibilities is: 

(i) Authorized by treaty provisions or 

permitted by the laws or authorities of 

the country where the United States 

citizen or national died or was 

domiciled at the time of death; or 

(ii) Permitted by established usage in 

that country; and 

(2) The decedent does not have a legal 

representative in the consular district. 

§ 72.20 Prohibition against performing 

legal services or employing counsel. 

A consular officer may not act as an 

attorney or agent for the estate of a 

deceased United States citizen or noncitizen national overseas or employ 

counsel at the expense of the United 

States Government in taking possession 

and disposing of the personal estate of 

a United States citizen or non-citizen 

national who dies abroad, unless 

specifically authorized in writing by the 

Department. If the legal representative 

or other interested person wishes to 

obtain legal counsel, the consular officer 

may furnish a list of attorneys. 

§ 72.21 Consular officer may not assume 

financial responsibility for the estate. 

A consular officer is not authorized to 

assume any financial responsibility or to 

incur any expense on behalf of the 

United States Government in collecting 

and disposing of the personal estate of 

a United States citizen or national who 

dies abroad. 

A consular officer may incur expenses 

on behalf of the estate only to the extent 

that there are funds available in the 

estate or from other sources (such as the 

next of kin). 

§ 72.22 Release of personal estate to legal 

representative. 

(a) If a person or entity claiming to be 

a legal representative comes forward at 

any time prior to transmission of the 

decedent’s personal estate to the 

Secretary of State under 22 CFR 72.25, 

the consular officer may release the 

personal estate in his or her custody to 

the legal representative provided that: 

(1) The legal representative presents 

satisfactory evidence of the legal 

representative’s right to receive the 

estate; 

(2) The legal representative pays any 

fees prescribed for consular services 

provided in connection with the 

disposition of remains or protection of 

the estate (see 22 CFR 22.1); 

(3) The legal representative executes a 

release in the form prescribed by the 

Department; and 

(4) The Department approves the 

release of the personal estate. 

(b) Satisfactory evidence of the right 

to receive the estate may include: 

(1) In the case of an executor, a 

certified copy of letters testamentary or 

other evidence of legal capacity to act as 

executor; 

(2) In the case of an administrator, a 

certified copy of letters of 

administration or other evidence of legal 

capacity to act as administrator; 

(3) In the case of the agent of an 

executor or administrator, a power of 

attorney or other document evidencing 

agency (in addition to evidence of the 

executor’s or administrator’s legal 

capacity to act). 

§ 72.23 Affidavit of next of kin. 

If the United States citizen or noncitizen national who has died abroad 

did not leave a will that applies locally, 

and the personal estate in the consular 

district consists only of clothing and 

other personal effects that the consular 

officer concludes in his or her discretion 

is worth less than $2000 and/or cash of 

a value equal to or less than $2000, the 

consular officer may decide in his or her 

discretion to accept an affidavit from the 

decedent’s next of kin as satisfactory 

evidence of the next of kin’s right to 

take possession of the personal estate. 

The Department must approve any 

release based on an affidavit of next of 

kin where the consular officer 

concludes that the personal estate 

effects are worth more than $2000 and/ 

or the cash involved is of a value more 

than $2000 and generally will consider 

approving such releases only in cases 

where state law prohibits the 

appointment of executors or 

administrators for estates that are valued 

at less than a specified amount and the 

law of the foreign country where the 

personal property is located would not 

prohibit such a release. 

§ 72.24 Conflicting claims. 

Neither the consular officer nor the 

Department of State has the authority or 

responsibility to mediate or determine 

the validity or order of contending 

claims to the personal estate of a 

deceased United States citizen or noncitizen national. If rival claimants, 

executors or administrators demand the 

personal estate in the consular officer’s 

possession, the officer should not 

release the estate to any claimant until 

a legally binding agreement in writing 

has been reached or until the dispute is 

settled by a court of competent 

jurisdiction, and/or the Department has 

approved the release. 

§ 72.25 Transfer of personal estate to 

Department of State. 

(a) If no claimant with a legal right to 

the personal estate comes forward, or if 

conflicting claims are not resolved, 

within one year of the date of death, the 

consular officer should sell or dispose of 

the personal estate (except for financial 

instruments, jewelry, heirlooms, and 

other articles of obvious sentimental 

value) in the same manner as United 

States Government-owned foreign 

excess property under Title IV of the 

Federal Property and Administrative 

Services Act of 1949 (40 U.S.C. 511 et 

seq.). If, however, a reasonable amount 

of additional time is likely to permit 

final settlement of the estate, the 

consular officer may in his or her 

discretion postpone the sale for that 

period of additional time. 

(b) The consular officer should send 

to the custody of the Department the 

proceeds of any sale, together with all 


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8894 Federal Register / Vol. 72, No. 39 / Wednesday, February 28, 2007 / Rules and Regulations 

financial instruments (including bonds, 

shares of stock and notes of 

indebtedness), jewelry, heirlooms and 

other articles of obvious sentimental 

value, to be held in trust for the legal 

claimant(s). 

(c) After receipt of a personal estate, 

the Department may seek payment of all 

outstanding debts to the estate as they 

become due, may receive any balances 

due on such estate, may endorse all 

checks, bills of exchange, promissory 

notes, and other instruments of 

indebtedness payable to the estate for 

the benefit thereof, and may take such 

other action as is reasonably necessary 

for the conservation of the estate. 

§ 72.26 Vesting of personal estate in 

United States. 

(a) If no claimant with a legal right to 

the personal estate comes forward 

within the period of five fiscal years 

beginning on October 1 after the 

consular officer took possession of the 

personal estate, title to the personal 

estate shall be conveyed to the United 

States, the property in the estate shall be 

under the custody of the Department, 

and the Department may dispose of the 

estate under as if it were surplus United 

States Government-owned property 

under title II of the Federal Property and 

Administrative Services Act of 1949 (40 

U.S.C. 4811 et seq. or by such means as 

may be appropriate as determined by 

Department in its discretion in light of 

the nature and value of the property 

involved. The expenses of sales shall be 

paid from the estate, and any lawful 

claim received thereafter shall be 

payable to the extent of the value of the 

net proceeds of the estate as a refund 

from the appropriate Treasury 

appropriations account. 

(b) The net cash estate shall be 

transferred to the miscellaneous receipts 

account of the Treasury of the United 

States. 

§ 72.27 Export of cultural property; 

handling other property when export, 

possession, or import may be illegal. 

(a) A consular officer should not ship, 

or assist in the shipping, of any 

archeological, ethnological, or cultural 

property, as defined in 19 U.S.C. 2601, 

that the consular officer is aware is part 

of the personal estate of a United States 

citizen or non-citizen national to the 

United States in order to avoid conflict 

with laws prohibiting or conditioning 

such export. 

(b) A consular officer may refuse to 

ship, or assist in the shipping, of any 

property that is part of the personal 

estate of a United States citizen or noncitizen national if the consular officer 

has reason to believe that possession or 

shipment of the property would be 

illegal. 

§ 72.28 Claims for lost, stolen, or 

destroyed personal estate. 

(a) The legal representative of the 

estate of a decreased United States 

citizen or national may submit a claim 

to the Secretary of State for any personal 

property of the estate with respect to 

which a consular officer acted as 

provisional conservator, and that was 

lost, stolen, or destroyed while in the 

custody of officers or employees of the 

Department of State. Any such claim 

should be submitted to the Office of 

Legal Adviser, Department of State, in 

the manner prescribed by 28 CFR part 

14 and will be processed in the same 

manner as claims made pursuant to 22 

U.S.C. 2669–1 and 2669 (f). 

(b) Any compensation paid to the 

estate shall be in lieu of the personal 

liability of officers or employees of the 

Department to the estate. 

(c) The Department nonetheless may 

hold an officer or employee of the 

Department liability to the Department 

to the extent of any compensation 

provided to the estate. The liability of 

the officer or employee shall be 

determined pursuant to the 

Department’s procedures for 

determining accountability for United 

States government property. 

Real Property Overseas Belonging to a 

Decreased United States Citizen or 

National 

§ 72.29 Real property overseas belonging 

to deceased United States citizen or 

national. 

(a) If a consular officer becomes aware 

that the estate of a deceased United 

States citizen or national includes an 

interest in real property located within 

the consular officer’s district that will 

not pass to any person or entity under 

the applicable local laws of intestate 

succession or testamentary disposition, 

and if local law provides that title may 

be conveyed to the Government of the 

United States, the consular officer 

should notify the Department. 

(b) If the Department decides that it 

wishes to retain the property for its use, 

the Department will instruct the 

consular officer to take steps necessary 

to provide for title to the property to be 

conveyed to the Government of the 

United States. 

(c) If title to the real estate is 

conveyed to the Government of the 

Unites States and the property is of use 

to the Department of State, the 

Department may treat such property as 

if it were an unconditional gift accepted 

on behalf of the Department of State 

under section 25 of the State 

Department Basic Authorities Act (22 

U.S.C. 2697) and section 9(a)(3) of the 

Foreign Service Buildings Act of 1926 

(22 U.S.C. 300(a)(3)). 

(d) If the Department of State does not 

wish to retain such real property the 

Department may treat it as foreign 

excess property under title IV of the 

Federal Property and Administrative 

Services Act of 1949 (40 U.S.C. 511 et 

seq.). 

§ 72.30 Provisions in a will or advanced 

directive regarding disposition of remains. 

United States state law regarding 

advance directives, deaths and estates 

include provisions regarding a person’s 

right to direct disposition of remains. 

Host country law may or may not accept 

such directions, particularly if the 

surviving spouse/next-of-kin disagree 

with the wishes of the testator/affiant. 

Fees 

§ 72.31 Fees for consular death and 

estates services. 

(a) Fees for consular death and estates 

services are prescribed in the Schedule 

of Fees, 22 CFR 22.1. 

(b) The personal estates of all officers 

and employees of the United States who 

die abroad while on official duty, 

including military and civilian 

personnel of the Department of Defense 

and the United States Coast Guard are 

exempt from the assessment of any fees 

proscribed by the Schedule of Fees. 

Dated: January 26, 2007. 

Maura A. Harty, 

Assistant Secretary Consular Affairs, 

Department of State. 

[FR Doc. 07–889 Filed 2–27–07; 8:45 am] 

BILLING CODE 4710–06–M 

DEPARTMENT OF JUSTICE 

28 CFR Part 72 

[Docket No. OAG 117; A.G. Order No. 2868–

2007] 

RIN 1105–AB22 

Office of the Attorney General; 

Applicability of the Sex Offender 

Registration and Notification Act 

AGENCY: Department of Justice. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: The Department of Justice is 

publishing this interim rule to specify 

that the requirements of the Sex 

Offender Registration and Notification 

Act, title I of Public Law 109–248, apply 

to sex offenders convicted of the offense 

for which registration is required before 

the enactment of that Act. These 


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