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22 U.S.C. § 72 to 79 — Transferred

Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 72 to 79 — Transferred

### Statutory Notes #### Codification Section 72, 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and subsequently repealed.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 73, R.S. § 1707, which related to receipt of protests and declarations by consuls and vice-consuls, 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 74, R.S. § 1708, which related to lists and returns of seamen and vessels, 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 75, R.S. § 1709, which related to handling of estates of decedents by consular officers, 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and subsequently repealed.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 76, R.S. § 1710, which related to notification of death of a decedent by a consular officer, was transferred to [section 4196 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4196&num=0&edition=prelim). Section 77, R.S. § 1711, which related to following testamentary directions by a consular officer, was transferred to [section 4197 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4197&num=0&edition=prelim). Section 78, act June 30, 1902, ch. 1331, § 1, 32 Stat. 546, which related to appointment of a consular officer as a trust officer for settlement or conservation of an estate, was transferred to [section 4198 of this title](https://us

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Source location: Title 22, Chapter 1, § 72 to 79; chapter-001-diplomatic-and-consular-service-generally.md

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 4195 — Repealed.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

### Statutory Notes 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. #### Effective Date of Repeal 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2715b&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4198&num=0&edition=prelim) 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.

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22 U.S.C. § 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.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 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.

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22 U.S.C. § 4194 — Lists and returns of seamen and vessels, etc.

Every consular officer shall keep a detailed list of all seamen and mariners shipped and discharged by him, specifying their names and the names of the vessels on which they are shipped and from which they are discharged, and the payments, if any, made on account of each so discharged; also of the number of the vessels arrived and departed, the amounts of their registered tonnage, and the number of their seamen and mariners, and of those who are protected, and whether citizens of the United States or not, and as nearly as possible the nature and value of their cargoes, and where produced, and shall make returns of the same, with their accounts and other returns, to the Secretary of Commerce.

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22 U.S.C. § 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.

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22 U.S.C. § 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.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 4192 — Repealed. Pub. L. 101–246, title I, § 123, Feb. 16, 1990, 104 Stat. 27

### Statutory Notes Section, R.S. § 4082, related to solemnization of marriages by consular officers of the United States in a foreign country. #### Codification 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4192&num=0&edition=prelim)), 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.

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