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22 U.S.C. § 4221 — Depositions and notarial acts; perjury
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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Source file: Laws/federal/codes/united-states-code/title-22/section-4221-depositions-and-notarial-acts-perjury--681df9a7ef.md
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Source location: Title 22, Chapter 52, § 4221; chapter-052-foreign-service.md
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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 administer or take such oath, affirmation, affidavit, or deposition, and shall be subject to the same punishment and disability therefor as are or shall be prescribed by any such act for such offense; and any document purporting to have affixed, impressed, or subscribed thereto, or thereon the seal and signature of the officer administering or taking the same in testimony thereof, shall be admitted in evidence without proof of any such seal or signature being genuine or of the official character of such person; and if any person shall forge any such seal or signature, or shall tender in evidence any such document with a false or counterfeit seal or signature thereto, knowing the same to be false or counterfeit, he shall be deemed and taken to be guilty of a misdemeanor and on conviction shall be imprisoned not exceeding three years nor less than one year, and fined, in a sum not to exceed $3,000, and may be charged, proceeded against, tried, convicted, and dealt with therefor in the district where he may be arrested or in custody. 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.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section, R.S. § 1750, which related to depositions and notarial acts, was transferred to [section 4221 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4221&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 131
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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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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 1200, R.S. § 1737; Apr. 5, 1906, ch. 1366, § 3, 34 Stat. 100, which related to penalty for a false certificate as to ownership of property, was transferred to [section 4218 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4218&num=0&edition=prelim).
Section 1201, R.S. § 1745; Apr. 5, 1906, ch. 1366, § 3, 34 Stat. 100, which related to regulation of fees by President, was transferred to [section 4219 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4219&num=0&edition=prelim).
Section 1202, R.S. § 1746, which related to medium for payment of fees, was transferred to [section 4220 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4220&num=0&edition=prelim).
Section 1203, R.S. § 1750; Apr. 5, 1906, ch. 1366, § 3, 34 Stat. 100, which related to depositions and notarial acts and to perjury and other offenses, was transferred to [section 4221 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4221&num=0&edition=prelim).
Section 1204, act June 26, 1936, ch. 640, § 6A, as added June 25, 1938, ch. 682, 52 Stat. 1163, which related to authentication of documents of State of Vatican City by consular officer in Rome, was transferred to [section 4222 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4222&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Naming the Inventor; Inventor’s Oath or Declaration.—** An application for patent that is filed under section 111(a) or commences the national stage under section 371 shall include, or be amended to include, the name of the inventor for any invention claimed in the application. Except as otherwise provided in this section, each individual who is the inventor or a joint inventor of a claimed invention in an application for patent shall execute an oath or declaration in connection with the application.
**(b) Required Statements.—** An oath or declaration under subsection (a) shall contain statements that—
(1) the application was made or was authorized to be made by the affiant or declarant; and
(2) such individual believes himself or herself to be the original inventor or an original joint inventor of a claimed invention in the application.
**(c) Additional Requirements.—** The Director may specify additional information relating to the inventor and the invention that is required to be included in an oath or declaration under subsection (a).
**(d) Substitute Statement.—**
(1) **In general.—** — In lieu of executing an oath or declaration under subsection (a), the applicant for patent may provide a substitute statement under the circumstances described in paragraph (2) and such additional circumstances that the Director may specify by regulation.
(2) **Permitted circumstances.—** — A substitute statement under paragraph (1) is permitted with respect to any individual who—
(A) is unable to file the oath or declaration under subsection (a) because the individual—
(i) is deceased;
(ii) is under legal incapacity; or
(iii) cannot be found or reached after diligent effort; or
(B) is under an obligation to assign the invention but has refused to
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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
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 4221
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