dreamproit/uscode huggingface dataset:
22 U.S.C. § 4192 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4192. Repealed. Pub. L. 101–246, title I, § 123, Feb. 16, 1990, 104 Stat. 27
text: Section, R.S. § 4082, related to solemnization of marriages by consular officers of the United States in a foreign country.
heading: Editorial Notes
heading: Codification
text: Pub. L. 101–246, § 123, which directed the repeal of section 31 of the Act of June 22, 1860 (12 Stat. 79; 22 U.S.C. 4192), was executed as though repealing section 4082 of the Revised Statutes, which is classified to this section, to reflect the probable intent of Congress. Section 31 of the Act of June 22, 1860, was restated in section 4082 of the Revised Statutes and repealed by section 5596 of the Revised Statutes.
22 U.S.C. § 4193 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4193. Protests
Consuls and vice consuls shall have the right, in the ports or places to which they are severally appointed, of receiving the protests or declarations which captains, masters, crews, passengers, or merchants, who are citizens of the United States, may respectively choose to make there; and also such as any foreigner may choose to make before them relative to the personal interest of any citizen of the United States.
(R.S. § 1707; June 25, 1948, ch. 646, § 39, 62 Stat. 992.)
heading: Editorial Notes
heading: Codification
text: R.S. § 1707 derived from act Apr. 14, 1792, ch. 24, § 2, 1 Stat. 255.
Section was not enacted as part of the Foreign Service Act of 1980 which comprises this chapter.
Section was formerly classified to section 1173 of this title, and prior thereto to section 73 of this title.
heading: Amendments
text: 1948—Act June 25, 1948, repealed second sentence relating to authenticated copies of consular acts received as evidence.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1948 Amendment
text: Act June 25, 1948, ch. 646, § 38, 62 Stat. 992, provided that the amendment made by that act is effective Sept. 1, 1948.
22 U.S.C. § 4195 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4195. Repealed. Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title II, § 234(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A–426
text: Section, R.S. § 1709; Mar. 3, 1911, ch. 223, 36 Stat. 1083; June 10, 1921, ch. 18, title III, § 304, 42 Stat. 24; July 12, 1940, ch. 618, 54 Stat. 758; Pub. L. 99–653, § 21, Nov. 14, 1986, 100 Stat. 3658; Pub. L. 100–525, § 8(p), Oct. 24, 1988, 102 Stat. 2618; Pub. L. 104–316, title II, § 202(i), Oct. 19, 1996, 110 Stat. 3843, related to estates of United States citizens who died within or were domiciled at time of death within jurisdiction of consular or diplomatic officers and directed that Secretary of State act as conservator.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: Repeal effective six months after Nov. 29, 1999, see section 1000(a)(7) [div. A, title II, § 234(c)] of Pub. L. 106–113, set out as an Effective Date note under section 2715b of this title.
22 U.S.C. § 4196 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4196. Notification of death of decedent; transmission of inventory of effects
For the information of the representative of the deceased, the consular officer, or, if no consular officer is present, a diplomatic officer, in the settlement of his estate shall immediately notify his death in one of the gazettes published in the consular district, and also to the Secretary of State, that the same may be notified in the State to which the deceased belonged; and he shall, as soon as may be, transmit to the Secretary of State an inventory of the effects of the deceased taken as before directed.
(R.S. § 1710; July 12, 1940, ch. 618, 54 Stat. 760.)
heading: Editorial Notes
heading: Codification
text: R.S. § 1710 derived from act Apr. 14, 1792, ch. 24, § 2, 1 Stat. 255.
Section was not enacted as part of the Foreign Service Act of 1980 which comprises this chapter.
Section was formerly classified to section 1176 of this title, and prior thereto to section 76 of this title.
heading: Amendments
text: 1940—Act July 12, 1940, substituted “the consular officer, or, if no consular officer is present, a diplomatic officer,” for “the consul or vice-consul,”.
22 U.S.C. § 4197 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4197. Following testamentary directions; assistance to testamentary appointee
When a citizen of the United States dies in a foreign country and leaves, by any lawful testamentary disposition, special directions for the custody and management, by the consular officer, or in his absence a diplomatic officer, within whose jurisdiction the death occurred, of the personal property in the foreign country which he possessed at the time of death, such officer shall, so far as the laws of the foreign country permit, strictly observe such directions if not contrary to the laws of the United States. If such citizen has named, by any lawful testamentary disposition, any other person than a consular officer or diplomatic officer to take charge of and manage such property, it shall be the duty of the officer, whenever required by the person so named, to give his official aid in whatever way may be practicable to facilitate the proceedings of such person in the lawful execution of his trust, and, so far as the laws of the country or treaty provisions permit, to protect the property of the deceased from any interference by the authorities of the country where such citizen died. To this end it shall be the duty of the consular officer, or if no consular officer is present a diplomatic officer, to safeguard the decedent’s property by placing thereon his official seal and to break and remove such seal only upon the request of the person designated by the deceased to take charge of and manage his property.
(R.S. § 1711; July 12, 1940, ch. 618, 54 Stat. 760.)
heading: Editorial Notes
heading: Codification
text: R.S. § 1711 derived from act Aug. 18, 1856, ch. 127, § 28, 11 Stat. 63.
Section was not enacted as part of the Foreign Service Act of 1980 which comprises this chapter.
Section was formerly classified to section 1177 of this title, and prior thereto to section 77 of this title.
heading: Amendments
text: 1940—Act July 12, 1940, amended section generally.
22 U.S.C. § 4198 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4198. Bond as administrator or guardian; action on bond
No consular officer of the United States shall accept an appointment from any foreign state as administrator, guardian, or to any other office or trust for the settlement or conservation of estates of deceased persons or of their heirs or of persons under legal disabilities, without executing a bond, with security, to be approved by the Secretary of State, and in a penal sum to be fixed by him and in such form as he may prescribe, conditioned for the true and faithful performance of all his duties according to law and for the true and faithful accounting for delivering, and paying over to the persons thereto entitled of all moneys, goods, effects, and other property which shall come to his hands or to the hands of any other person to his use as such administrator, guardian, or in other fiduciary capacity. Said bond shall be deposited with the Secretary of the Treasury. In case of a breach of any such bond, any person injured by the failure of such officer faithfully to discharge the duties of his said trust according to law, may institute, in his own name and for his sole use, a suit upon said bond and thereupon recover such damages as shall be legally assessed, with costs of suit, for which execution may issue in due form; but if such party fails to recover in the suit, judgment shall be rendered and execution may issue against him for costs in favor of the defendant; and the United States shall in no case be liable for the same. The said bond shall remain, after any judgment rendered thereon, as a security for the benefit of any person injured by a breach of the condition of the same until the whole penalty has been recovered.
(June 30, 1902, ch. 1331, § 1, 32 Stat. 546.)
heading: Editorial Notes
heading: Codification
text: Section was not enacted as part of the Foreign Service Act of 1980 which comprises this chapter.
Section was formerly classified to section 1178 of this title, and prior thereto to section 78 of this title.
22 U.S.C. § 4199 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4199. Penalty for failure to give bond and for embezzlement
Every consular officer who accepts any appointment to any office of trust mentioned in section 4198 of this title without first having complied with the provisions thereof by due execution of a bond as therein required, or who shall willfully fail or neglect to account for, pay over, and deliver any money, property, or effects so received to any person lawfully entitled thereto, after having been requested by the latter, his representative or agent so to do, 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 $5,000.
(June 30, 1902, ch. 1331, § 2, 32 Stat. 547.)
heading: Editorial Notes
heading: Codification
text: Section was not enacted as part of the Foreign Service Act of 1980 which comprises this chapter.
Section was formerly classified to section 1179 of this title, and prior thereto to section 79 of this title.
22 U.S.C. § 4200 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4200. Certification of invoices generally
No consular officer shall certify any invoice unless he is satisfied that the person making oath thereto is the person he represents himself to be, that he is a credible person, and that the statements made under such oath are true; and he shall, thereupon, by his certificate, state that he was so satisfied.
(R.S. § 1715.)
heading: Editorial Notes
heading: Codification
text: R.S. § 1715 derived from act Aug. 18, 1856, ch. 127, § 27, 11 Stat. 62.
Section was not enacted as part of the Foreign Service Act of 1980 which comprises this chapter.
Section was formerly classified to section 1180 of this title, and prior thereto to section 83 of this title.
22 U.S.C. § 4201 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4201. Fees for certification of invoices
Fees for the consular certification of invoices shall be, and they are, included with the fees for official services for which the President is authorized by section 4219 of this title to prescribe rates or tariffs.
(Apr. 5, 1906, ch. 1366, § 9, 34 Stat. 101.)
heading: Editorial Notes
heading: Codification
text: Section was not enacted as part of the Foreign Service Act of 1980 which comprises this chapter.
A further provision of section 9 of act Apr. 5, 1906, repealed R.S. § 2851, which provided for certification of invoices of imported merchandise by the collector of the post, and R.S. § 1721, which prescribed a fee of one dollar to be charged by the consul-general for the British North American provinces, for certifying invoices of goods not exceeding $100 in value.
Section was formerly classified to section 1181 of this title, and prior thereto to section 84 of this title.
22 U.S.C. § 4202 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4202. Exaction of excessive fees for verification of invoices; penalty
The fee provided by law for the verification of invoices by consular officers shall, when paid, be held to be a full payment for furnishing blank forms of declaration to be signed by the shipper, and for making, signing, and sealing the certificate of the consular officer thereto; and any consular officer who, under pretense of charging for blank forms, advice, or clerical services in the preparation of such declaration or certificate, charges or receives any fee greater in amount than that provided by law for the verification of invoices, or who demands or receives for any official services, or who allows any clerk or subordinate to receive for any such service, any fee or reward other than the fee provided by law for such service, shall be punishable by imprisonment for not more than one year, or by a fine of not more than $2,000, and shall be removed from his office.
(R.S. § 1716.)
heading: Editorial Notes
heading: Codification
text: R.S. § 1716 derived from act Mar. 3, 1869, ch. 125, § 3, 15 Stat. 321.
Section was not enacted as part of the Foreign Service Act of 1980 which comprises this chapter.
Section was formerly classified to section 1182 of this title, and prior thereto to section 85 of this title.
22 U.S.C. § 4203 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4203. Destruction of old invoices
The Secretary of State is authorized to cause, from time to time, the destruction of invoices that have been filed in the consular offices for a period of more than five years.
(Feb. 24, 1903, ch. 753, 32 Stat. 854.)
heading: Editorial Notes
heading: Codification
text: Section was not enacted as part of the Foreign Service Act of 1980 which comprises this chapter.
Section was formerly classified to section 1183 of this title, and prior thereto to section 86 of this title.
22 U.S.C. § 4204 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4204. Restriction as to certificate for goods from countries adjacent to United States
No consular officer of the United States shall grant a certificate for goods, wares, or merchandise shipped from countries adjacent to the United States which have passed a consulate after purchase for shipment.
(R.S. § 1717.)
heading: Editorial Notes
heading: Codification
text: R.S. § 1717 derived from act Feb. 22, 1873, ch. 184, § 3, 17 Stat. 474.
Section was not enacted as part of the Foreign Service Act of 1980 which comprises this chapter.
Section was formerly classified to section 1184 of this title, and prior thereto to section 87 of this title.
22 U.S.C. § 4205 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4205. Retention of papers of American vessels until payment of demands and wages
All consular officers are authorized and required to retain in their possession all the papers of vessels of the United States, which shall be deposited with them as directed by law, till payment shall be made of all demands and wages on account of such vessels.
(R.S. § 1718.)
heading: Editorial Notes
heading: Codification
text: R.S. § 1718 derived from act Aug. 18, 1856, ch. 127, § 28, 11 Stat. 63.
Section was not enacted as part of the Foreign Service Act of 1980 which comprises this chapter.
Section was formerly classified to section 1185 of this title, and prior thereto to section 88 of this title.
22 U.S.C. § 4206 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4206. Fees for services to American vessels or seamen prohibited
No fees named in the tariff of consular fees prescribed by order of the President shall be charged or collected by consular officers for the official services to American vessels and seamen. Consular officers shall furnish the master of every such vessel with an itemized statement of such services performed on account of said vessel, with the fee so prescribed for each service, and make a detailed report to the Secretary of the Treasury of such services and fees, under such regulations as the Secretary of State may prescribe.
(June 26, 1884, ch. 121, § 12, 23 Stat. 56.)
heading: Editorial Notes
heading: Codification
text: Section was not enacted as part of the Foreign Service Act of 1980 which comprises this chapter.
Provisions of section 12 of act June 26, 1884 (this section), permitting the Secretary of the Treasury to allow consular officers who are paid in whole or in part by fees such compensation for their services as they would have received but for the prohibition in this section were superseded by section 4223 of this title and were omitted, as was a provision of said section appropriating a sum sufficient for the payment of the compensation herein mentioned.
Section was formerly classified to section 1186 of this title, and prior thereto to section 89 of this title.
22 U.S.C. § 4207 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4207. Profits from dealings with discharged seamen; prohibition
No consular officer, nor any person under any consular officer shall make any charge or receive, directly or indirectly, any compensation, by way of commission or otherwise, for receiving or disbursing the wages or extra wages to which any seaman or mariner is entitled who is discharged in any foreign country, or for any money advanced to any such seaman or mariner who seeks relief from any consulate; nor shall any consular officer, or any person under any consular officer, be interested, directly or indirectly, in any profit derived from clothing, boarding or otherwise supplying or sending home any such seaman or mariner. Such prohibition as to profit, however, shall not be construed to relieve or prevent any such officer who is the owner of or otherwise interested in any vessel of the United States from transporting in such vessel any such seaman or mariner, or from receiving or being interested in such reasonable allowance as may be made for such transportation by law.
(R.S. § 1719; Apr. 5, 1906, ch. 1366, § 3, 34 Stat. 100.)
heading: Editorial Notes
heading: Codification
text: R.S. § 1719 derived from act Aug. 18, 1856, ch. 127, § 20, 11 Stat. 59.
Reference to “commercial agency” was omitted in view of the abolition of the grade of commercial agent by act Apr. 5, 1906.
Section was not enacted as part of the Foreign Service Act of 1980 which comprises this chapter.
Section was formerly classified to section 1187 of this title, and prior thereto to section 90 of this title.
22 U.S.C. § 4208 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4208. Valuation of foreign coins in payment of fees
Consuls, vice consuls, and consular agents in the Dominion of Canada, in the collection of official fees, shall receive foreign moneys at the rate given in the Treasury schedule of the value of foreign coins.
(R.S. § 1722.)
heading: Editorial Notes
heading: Codification
text: R.S. § 1722 derived from act Mar. 3, 1869, ch. 125, § 3, 15 Stat. 321.
Provisions of R.S. § 1722 that no consul, vice consul, or consular agent in the Dominion of Canada shall be allowed tonnage fees for any services, actual or constructive, rendered any vessel owned and registered in the United States that may touch at a Canadian port, were omitted as superseded by section 12 of act June 26, 1884, ch. 121, 23 Stat. 56, which is classified to section 4206 of this title.
Section was not enacted as part of the Foreign Service Act of 1980 which comprises this chapter.
Section was formerly classified to section 1188 of this title, and prior thereto to section 91 of this title.
22 U.S.C. § 4209 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4209. Exaction of excessive fees generally; penalty of treble amount
Whenever any consular officer collects, or knowingly allows to be collected for any service, any other or greater fees than are allowed by law for such service, he 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, to be recovered with costs, in any proper form of action, by such person for his own use. And in any such case the Secretary of the Treasury may retain, out of the compensation of such officer, the amount of such overcharge and of such penalty, and charge the same to such officer in account, and may thereupon refund such unlawful charge, and pay such penalty to the person entitled to the same if he shall think proper so to do.
(R.S. § 1723.)
heading: Editorial Notes
heading: Codification
text: R.S. § 1723 derived from act Aug. 18, 1856, ch. 127, § 17, 11 Stat. 58.
Section was not enacted as part of the Foreign Service Act of 1980 which comprises this chapter.
Section was formerly classified to section 1189 of this title, and prior thereto to section 92 of this title.
22 U.S.C. § 4210 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4210. Liability for uncollected fees
Every consul general, consul, or vice consul appointed to perform the duty of any such officer, who omits to collect any fees which he is entitled to charge for any official service, shall be liable to the United States therefor, as if he had collected the same; unless, upon good cause shown therefor, the Secretary of the Treasury shall think proper to remit the same.
(R.S. § 1724; Apr. 5, 1906, ch. 1366, § 3, 34 Stat. 100.)
heading: Editorial Notes
heading: Codification
text: R.S. § 1724 derived from act Aug. 18, 1856, ch. 127, § 18, 11 Stat. 58.
References to “commercial agent” and “vice-commercial agent” were omitted in view of the abolition of the grade of commercial agent by act Apr. 5, 1906.
Section was not enacted as part of the Foreign Service Act of 1980 which comprises this chapter.
Section was formerly classified to section 1190 of this title, and prior thereto to section 93 of this title.
22 U.S.C. § 4211 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4211. Returns as to fees by officers compensated by fees
All consular agents, as are allowed for their compensation the whole or any part of the fees which they may collect, shall make returns in such manner as the Government Accountability Office shall prescribe, of all such fees as they or any person in their behalf so collect.
(R.S. § 1725; July 31, 1894, ch. 174, § 5, 28 Stat. 206; Apr. 5, 1906, ch. 1366, § 3, 34 Stat. 100; June 10, 1921, ch. 18, title III, § 304, 42 Stat. 24; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.)
heading: Editorial Notes
heading: Codification
text: R.S. § 1725 derived from act Aug. 18, 1856, ch. 127, § 18, 11 Stat. 58.
References to “commercial agents” and “vice-commercial agents” were omitted in view of the abolition of the grade of commercial agent by act Apr. 5, 1906.
Section was not enacted as part of the Foreign Service Act of 1980 which comprises this chapter.
Section was formerly classified to section 1191 of this title, and prior thereto to section 94 of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Transfer of Functions
text: “Government Accountability Office” substituted in text for “General Accounting Office” pursuant to section 8(b) of Pub. L. 108–271, set out as a note under section 702 of Title 31, Money and Finance, which redesignated the General Accounting Office and any references thereto as the Government Accountability Office. Previously, “General Accounting Office” substituted in text for “Comptroller of the Treasury” pursuant to act June 10, 1921, which transferred all powers and duties conferred upon Comptroller, six auditors, and certain other officers of the Treasury to General Accounting Office. See section 701 et seq. of Title 31. Previously, functions of Secretary of State under this section transferred to Comptroller of the Treasury by act July 31, 1894.
22 U.S.C. § 4215 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4215. Notarial acts, oaths, affirmations, affidavits, and depositions; fees
Every consular officer of the United States is required, whenever application is made to him therefor, within the limits of his consulate, to administer to or take from any person any oath, affirmation, affidavit, or deposition, and to perform any other notarial act which any notary public is required or authorized by law to do within the United States; and for every such notarial act performed he shall charge in each instance the appropriate fee prescribed by the President under section 4219 of this title.
(Apr. 5, 1906, ch. 1366, § 7, 34 Stat. 101; Pub. L. 103–236, title I, § 127(b), Apr. 30, 1994, 108 Stat. 394; Pub. L. 103–415, § 1(mm)(1), Oct. 25, 1994, 108 Stat. 4303.)
heading: Editorial Notes
heading: Codification
text: Section was not enacted as part of the Foreign Service Act of 1980 which comprises this chapter.
Section was formerly classified to section 1195 of this title, and prior thereto to section 98 of this title.
heading: Amendments
text: 1994—Pub. L. 103–415 struck out sentence inserted at end by Pub. L. 103–236. See below.
Pub. L. 103–236 inserted at end “Pursuant to such regulations as the Secretary of State may prescribe, the Secretary may designate any other employee of the Department of State who is a citizen of the United States to perform any notarial function authorized to be performed by a consular officer of the United States under this Act.”