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18 U.S.C. § 3492 — Commission to consular officers to authenticate foreign documents
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The testimony of any witness in a foreign country may be taken either on oral or written interrogatories, or on interrogatories partly oral and partly written, pursuant to a commission issued, as hereinafter provided, for the purpose of determining whether any foreign documents sought to be used in any criminal action or proceeding in any court of the United States are genuine, and whether the authentication requirements of the Federal Rules of Evidence are satisfied with respect to any such document (or the original thereof in case such document is a copy). Application for the issuance of a commission for such purpose may be made to the court in which such action or proceeding is pending by the United States or any other party thereto, after five days’ notice in writing by the applicant party, or his attorney, to the opposite party, or his attorney of record, which notice shall state the names and addresses of witnesses whose testimony is to be taken and the time when it is desired to take such testimony. In granting such application the court shall issue a commission for the purpose of taking the testimony sought by the applicant addressed to any consular officer of the United States conveniently located for the purpose. In cases of testimony taken on oral or partly oral interrogatories, the court shall make provisions in the commission for the selection as hereinafter provided of foreign counsel to represent each party (except the United States) to the criminal action or proceeding in which the foreign documents in question are to be used, unless such party has, prior to the issuance of the commission, notified the court that he does not desire the selection of foreign counsel to represent him at the time of taking of such testimony. In cases of testimony tak
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Source location: Title 18, Chapter 223, § 3492; chapter-223-witnesses-and-evidence.md
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**(a)** The testimony of any witness in a foreign country may be taken either on oral or written interrogatories, or on interrogatories partly oral and partly written, pursuant to a commission issued, as hereinafter provided, for the purpose of determining whether any foreign documents sought to be used in any criminal action or proceeding in any court of the United States are genuine, and whether the authentication requirements of the Federal Rules of Evidence are satisfied with respect to any such document (or the original thereof in case such document is a copy). Application for the issuance of a commission for such purpose may be made to the court in which such action or proceeding is pending by the United States or any other party thereto, after five days’ notice in writing by the applicant party, or his attorney, to the opposite party, or his attorney of record, which notice shall state the names and addresses of witnesses whose testimony is to be taken and the time when it is desired to take such testimony. In granting such application the court shall issue a commission for the purpose of taking the testimony sought by the applicant addressed to any consular officer of the United States conveniently located for the purpose. In cases of testimony taken on oral or partly oral interrogatories, the court shall make provisions in the commission for the selection as hereinafter provided of foreign counsel to represent each party (except the United States) to the criminal action or proceeding in which the foreign documents in question are to be used, unless such party has, prior to the issuance of the commission, notified the court that he does not desire the selection of foreign counsel to represent him at the time of taking of such testimony. In cases of testimony taken on written interrogatories, such provision shall be made only upon the request of any such party prior to the issuance of such commission. Selection of foreign counsel shall be made by the party whom such foreign counsel is to represent within ten days prior to the taking of testimony or by the court from which the commission issued, upon the request of such party made within such time.
**(b)** Any consular officer to whom a commission is addressed to take testimony, who is interested in the outcome of the criminal action or proceeding in which the foreign documents in question are to be used or has participated in the prosecution of such action or proceeding, whether by investigations, preparation of evidence, or otherwise, may be disqualified on his own motion or on that of the United States or any other party to such criminal action or proceeding made to the court from which the commission issued at any time prior to the execution thereof. If after notice and hearing, the court grants the motion, it shall instruct the consular officer thus disqualified to send the commission to any other consular officer of the United States named by the court, and such other officer shall execute the commission according to its terms and shall for all purposes be deemed the officer to whom the commission is addressed.
**(c)** The provisions of this section and sections 3493–3496 of this title applicable to consular officers shall be applicable to diplomatic officers pursuant to such regulations as may be prescribed by the President. For purposes of this section and sections 3493 through 3496 of this title, the term “consular officers” includes any United States citizen who is designated to perform notarial functions pursuant to section 1750 of the Revised Statutes, as amended ([22 U.S.C. 4221](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4221&num=0&edition=prelim)).
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Federal law — U.S. Code and appendices · legal_authorities
If any business, institution, member of a profession or calling, or any department or agency of government, in the regular course of business or activity has kept or recorded any memorandum, writing, entry, print, representation or combination thereof, of any act, transaction, occurrence, or event, and in the regular course of business has caused any or all of the same to be recorded, copied, or reproduced by any photographic, photostatic, microfilm, micro-card, miniature photographic, or other process which accurately reproduces or forms a durable medium for so reproducing the original, the original may be destroyed in the regular course of business unless its preservation is required by law. Such reproduction, when satisfactorily identified, is as admissible in evidence as the original itself in any judicial or administrative proceeding whether the original is in existence or not and an enlargement or facsimile of such reproduction is likewise admissible in evidence if the original reproduction is in existence and available for inspection under direction of court. The introduction of a reproduced record, enlargement, or facsimile does not preclude admission of the original. This subsection 11 So in original. Probably should be “section”. shall not be construed to exclude from evidence any document or copy thereof which is otherwise admissible under the rules of evidence.
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Federal law — U.S. Code and appendices · legal_authorities
Every secretary of embassy or legation and consular officer is authorized, whenever he is required or deems it necessary or proper so to do, at the post, port, place, or within the limits of his embassy, legation, or consulate, to administer to or take from any person an oath, affirmation, affidavit, or deposition, and to perform any notarial act which any notary public is required or authorized by law to do within the United States. At any post, port, or place where there is no consular officer, the Secretary of State may authorize any other officer or employee of the United States Government who is a United States citizen serving overseas, including any contract employee of the United States Government, to perform such acts, and any such contractor so authorized shall not be considered to be a consular officer. Every such oath, affirmation, affidavit, deposition, and notarial act administered, sworn, affirmed, taken, had, or done, by or before any such officer, when certified under his hand and seal of office, shall be as valid, and of like force and effect within the United States, to all intents and purposes, as if administered, sworn, affirmed, taken, had, or done, by or before any other person within the United States duly authorized and competent thereto. If any person shall willfully and corruptly commit perjury, or by any means procure any person to commit perjury in any such oath, affirmation, affidavit, or deposition, within the intent and meaning of any Act of Congress now or hereafter made, such offender may be charged, proceeded against, tried, convicted, and dealt with in any district of the United States, in the same manner, in all respects, as if such offense had been committed in the United States, before any officer duly authorized therein to administ
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Federal law — U.S. Code and appendices · legal_authorities
Any book, paper, statement, record, account, writing, or other document, or any portion thereof, of whatever character and in whatever form, as well as any copy thereof equally with the original, which is not in the United States shall, when duly certified as provided in [section 3494 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3494&num=0&edition=prelim), be admissible in evidence in any criminal action or proceeding in any court of the United States if the court shall find, from all the testimony taken with respect to such foreign document pursuant to a commission executed under [section 3492 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3492&num=0&edition=prelim), that such document (or the original thereof in case such document is a copy) satisfies the authentication requirements of the Federal Rules of Evidence, unless in the event that the genuineness of such document is denied, any party to such criminal action or proceeding making such denial shall establish to the satisfaction of the court that such document is not genuine. Nothing contained herein shall be deemed to require authentication under the provisions of [section 3494 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3494&num=0&edition=prelim) of any such foreign documents which may otherwise be properly authenticated by law.
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Federal law — U.S. Code and appendices · legal_authorities
The consular officer to whom any commission authorized under [section 3492 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3492&num=0&edition=prelim) is addressed shall take testimony in accordance with its terms. Every person whose testimony is taken shall be cautioned and sworn to testify the whole truth and carefully examined. His testimony shall be reduced to writing or typewriting by the consular officer taking the testimony, or by some person under his personal supervision, or by the witness himself, in the presence of the consular officer and by no other person, and shall, after it has been reduced to writing or typewriting, be subscribed by the witness. Every foreign document, with respect to which testimony is taken, shall be annexed to such testimony and subscribed by each witness who appears for the purpose of establishing the genuineness of such document. When counsel for all the parties attend the examination of any witness whose testimony is to be taken on written interrogatories, they may consent that oral interrogatories in addition to those accompanying the commission may be put to the witness. The consular officer taking any testimony shall require an interpreter to be present when his services are needed or are requested by any party or his attorney.
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Federal law — U.S. Code and appendices · legal_authorities
If the consular officer executing any commission authorized under [section 3492 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3492&num=0&edition=prelim) shall be satisfied, upon all the testimony taken, that a foreign document is genuine, he shall certify such document to be genuine under the seal of his office. Such certification shall include a statement that he is not subject to disqualification under the provisions of [section 3492 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3492&num=0&edition=prelim). He shall thereupon transmit, by mail, such foreign documents, together with the record of all testimony taken and the commission which has been executed, to the clerk of the court from which such commission issued, in the manner in which his official dispatches are transmitted to the Government. The clerk receiving any executed commission shall open it and shall make any foreign documents and record of testimony, transmitted with such commission, available for inspection by the parties to the criminal action or proceeding in which such documents are to be used, and said parties shall be furnished copies of such documents free of charge.
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Federal law — U.S. Code and appendices · legal_authorities
Page 773
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 3492
‘‘General Accounting Office’’ was substituted for
‘‘proper accounting officer of the Treasury’’.
Editorial Notes
AMENDMENTS
2004—Pub. L. 108–271 substituted ‘‘Government Ac-
countability Office’’ for ‘‘General Accounting Office’’.
§ 3488. Intoxicating liquor in Indian country as
evidence of unlawful introduction
The possession by a person of intoxicating liq-
uors in Indian country where the introduction is
prohibited by treaty or Federal statute shall be
prima facie evidence of unlawful introduction.
(June 25, 1948, ch. 645, 62 Stat. 834.)
HISTORICAL AND REVISION NOTES
Based on section 245 of title 25, U.S.C., 1940 ed., Indi-
ans (May 18, 1916, ch. 125, § 1, 39 Stat. 124).
The only change made was the insertion of the word
‘‘Indian’’ before ‘‘country’’, to substitute specificity for
generality. (See definition of ‘‘Indian country’’ in sec-
tion 1151 of this title.)
§ 3489. Discovery and inspection—(Rule)
SEE FEDERAL RULES OF CRIMINAL PROCEDURE
Inspection of documents and papers taken from de-
fendant, Rule 16.
(June 25, 1948, ch. 645, 62 Stat. 834.)
§ 3490. Official record or entry—(Rule)
SEE FEDERAL RULES OF CRIMINAL PROCEDURE
Proof of official record or entry as in civil actions,
Rule 27.
(June 25, 1948, ch. 645, 62 Stat. 834.)
§ 3491. Foreign documents
Any book, paper, statement, record, account,
writing, or other document, or any portion
thereof, of whatever character and in whatever
form, as well as any copy thereof equally with
the original, which is not in the United States
shall, when duly certified as provided in section
3494 of this title, be admissible in evidence in
any criminal action or proceeding in any court
of the United States if the court shall find, from
all the
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Federal law — U.S. Code and appendices · legal_authorities
Page 1565
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 4221
charged for official services, and to designate
what shall be regarded as official services, be-
sides such as are expressly declared by law, in
the business of the several embassies, legations,
and consulates, and to adapt the same, by such
differences as may be necessary or proper, to
each embassy, legation, or consulate; and it
shall be the duty of all officers and persons con-
nected with such embassies, legations, and con-
sulates to collect for such official services such
and only such fees as may be prescribed for their
respective embassies, legations, and consulates,
and such rates or tariffs shall be reported annu-
ally to Congress.
(R.S. § 1745; Apr. 5, 1906, ch. 1366, § 3, 34 Stat. 100.)
Editorial Notes
CODIFICATION
R.S. § 1745 derived from act Aug. 18, 1856, ch. 127, § 16,
11 Stat. 57.
References to ‘‘commercial agencies’’ and ‘‘commer-
cial agency’’ 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 Serv-
ice Act of 1980 which comprises this chapter.
Section was formerly classified to section 1201 of this
title, and prior thereto to section 127 of this title.
Executive Documents
EX. ORD. NO. 10718. DELEGATION OF AUTHORITY TO
SECRETARY OF STATE
Ex. Ord. No. 10718, June 27, 1957, 22 F.R. 4632, provided:
SECTION 1. There is hereby delegated to the Secretary
of State the authority vested in the President by sec-
tion 1745 of the Revised Statutes of the United States
(22 U.S.C. 1201) [this section] to prescribe, from time to
time, the rates or tariffs of fees to be charged for offi-
cial services, and to designate what shall be regarded as
official services, besides such as are expressly dec
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