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22 U.S.C. § 4209 — Exaction of excessive fees generally; penalty of treble amount
Federal law — U.S. Code and appendices · legal_authorities
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.
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Stable record: federal_law:legal_authorities:record_usc_0419d1cb8fd500fedb00e391
Source file: Laws/federal/codes/united-states-code/title-22/section-4209-exaction-of-excessive-fees-generally-penalty-of-treble-amount--463b4c5ee8.md
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Passage SHA-256: 908c00466bddd6af86416299970eae8e3a8c06e2835ddf665279c107ba931619
Source location: Title 22, Chapter 52, § 4209; chapter-052-foreign-service.md
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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.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 1171, R.S. § 1689, which related to general application of provisions to consular officers, was transferred to [section 4191 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4191&num=0&edition=prelim).
Section 1172, R.S. § 4082, which related to solemnization of marriages, was transferred to [section 4192 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4192&num=0&edition=prelim) and subsequently repealed.
Section 1173, R.S. § 1707; June 25, 1948, ch. 646, § 39, 62 Stat. 992, which related to receipt by consuls and vice consuls of protests, was transferred to [section 4193 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4193&num=0&edition=prelim).
Section 1174, R.S. § 1708; Feb. 14, 1903, ch. 552, § 10, 32 Stat. 829, which related to lists and returns of seamen and vessels, etc., was transferred to [section 4194 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4194&num=0&edition=prelim).
Section 1175, R.S. § 1709; Mar. 3, 1911, ch. 223, 36 Stat. 1083; June 10, 1921, ch. 18, § 304, 42 Stat. 24; July 12, 1940, ch. 618, 54 Stat. 758, which related to estates of decedents generally and to General Accounting Office as conservator, was transferred to [section 4195 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4195&num=0&edition=prelim) and subsequently repealed.
Section 1176, R.S. § 1710; July 12, 1940, ch. 618, 54 Stat. 760, which related to notification of death of decedent and transmission of inventory of effects of decedent, was transferred to [section 4196 of this title](https://uscode.house.gov/view.xhtml?req
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 1171 to 1195
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 83, R.S. § 1715, which related to certification of invoices, was transferred to [section 4200 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4200&num=0&edition=prelim).
Section 84, act Apr. 5, 1906, ch. 1366, § 9, 34 Stat. 101, which related to fees for certification of invoices, was transferred to [section 4201 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4201&num=0&edition=prelim).
Section 85, R.S. § 1716, which related to exaction of excessive fees for verification of invoices, was transferred to [section 4202 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4202&num=0&edition=prelim).
Section 86, act Feb. 24, 1903, ch. 753, 32 Stat. 854, which related to destruction of old invoices, was transferred to [section 4203 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4203&num=0&edition=prelim).
Section 87, R.S. § 1717, which related to granting of a certificate for goods shipped from countries adjacent to the United States, was transferred to [section 4204 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4204&num=0&edition=prelim).
Section 88, R.S. § 1718, which related to retention of papers of American vessels until payment of demands and wages, was transferred to [section 4205 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4205&num=0&edition=prelim).
Section 89, act June 26, 1884, ch. 121, § 12, 23 Stat. 56, which related to fees for official services to American vessels or seamen, was transferred to [section 4206 of this title](https://uscode.house.gov/view.x
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 83 to 104
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Federal law — U.S. Code and appendices · legal_authorities
Page 1563
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 4211
ceive, directly or indirectly, any compensation,
by way of commission or otherwise, for receiv-
ing 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 indi-
rectly, in any profit derived from clothing,
boarding or otherwise supplying or sending
home any such seaman or mariner. Such prohi-
bition as to profit, however, shall not be con-
strued 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 transpor-
tation by law.
(R.S. § 1719; Apr. 5, 1906, ch. 1366, § 3, 34 Stat. 100.)
Editorial Notes
CODIFICATION
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 Serv-
ice 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.
§ 4208. Valuation of foreign coins in payment of
fees
Consuls, vice consuls, and consular agents in
the Dominion of Canada, in the collection of of-
ficial fees, shall receive foreign moneys at the
rate given in the Treasury schedule of the value
of foreign coins.
(R.S. § 1722.)
Editorial Notes
CODIFICATIO
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 4209
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