22 U.S.C. § 4193 — Protests

Page 1559 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4193 1 See References in Text note below. This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 96–465, Oct. 17, 1980, 94 Stat. 2071, known as the Foreign Service Act of 1980, which is classified principally to this chapter. For com- plete classification of this Act to the Code, see Short Title note set out under section 3901 of this title and Tables. CODIFICATION In subsecs. (a) and (b), ‘‘February 15, 1981’’ sub- stituted for ‘‘the effective date of this Act’’ pursuant to section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title. § 4173. Congressional oversight of implementa- tion (a), (b) Repealed. Pub. L. 100–204, title I, § 185(c)(2), Dec. 22, 1987, 101 Stat. 1366 (c) Consultation with agency representatives The Secretary shall consult, in accordance with the procedures set out in section 4113(g) of this title, with the exclusive representative (if any) of members of the Foreign Service in each agency specified in section 4103(a) of this title with respect to steps to be taken in imple- menting this chapter and reported under section 4001(c)(4) 1 of this title. To that end, each such exclusive representative will have timely access to all relevant information at each stage. Each such report shall include the views of each such exclusive representative on any and all aspects of the report and the information contained in such report. (Pub. L. 96–465, title II, § 2402, Oct. 17, 1980, 94 Stat. 2168; Pub. L. 100–204, title I, § 185(c)(2), Dec. 22, 1987, 101 Stat. 1366.) Editorial Notes REFERENCES IN TEXT Section 4001(c)(4) of this title, referred to in subsec. (c), was repealed by Pub. L. 114–323, title VII, § 715(b)(5), Dec. 16, 2016, 130 Stat. 1946. AMENDMENTS 1987—Subsecs. (a), (b). Pub. L. 100–204 struck out sub- sec. (a) which related to report by Secretary of State and its contents and subsec. (b) which related to annual supplemental report and its contents. Subsec. (c). Pub. L. 100–204 substituted ‘‘under section 4001(c)(4) of this title’’ for ‘‘under this section’’. SUBCHAPTER XIV—POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS GENERALLY Editorial Notes CODIFICATION Subchapter was not enacted as a part of the Foreign Service Act of 1980 which comprises this chapter. § 4191. General application of provisions to con- sular officers The various provisions of title 18 of the Re- vised Statutes which are expressed in terms of general application to any particular classes of consular officers, shall be deemed to apply as well to all other classes of such officers and to such other United States citizen employees of the Department of State as may be designated by the Secretary of State pursuant to such regu- lations as the Secretary may prescribe, so far as may be consistent with the subject matter of the same and with the treaties of the United States. (R.S. § 1689; Pub. L. 105–277, div. G, subdiv. B, title XXII, § 2222(b), Oct. 21, 1998, 112 Stat. 2681–818.) Editorial Notes REFERENCES IN TEXT Title 18 of the Revised Statutes, referred to in text, was in the original ‘‘this Title’’, meaning title 18 of the Revised Statutes, consisting of R.S. §§ 1674 to 1752, and insofar as classified to the Code, is classified to sec- tions 4191, 4193 to 4197, 4200, 4202, 4204, 4205, 4207 to 4214, and 4216 to 4221 of this title. For complete classification of R.S. §§ 1674 to 1752 to the Code, see Tables. CODIFICATION R.S. § 1689 derived from act Aug. 18, 1856, ch. 127, § 31, 11 Stat. 64. Section was not enacted as part of the Foreign Serv- ice Act of 1980 which comprises this chapter. Section was formerly classified to section 1171 of this title, and prior thereto to section 53 of this title. AMENDMENTS 1998—Pub. L. 105–277 inserted ‘‘and to such other United States citizen employees of the Department of State as may be designated by the Secretary of State pursuant to such regulations as the Secretary may pre- scribe’’ after ‘‘such officers’’. § 4192. Repealed. Pub. L. 101–246, title I, § 123, Feb. 16, 1990, 104 Stat. 27 Section, R.S. § 4082, related to solemnization of mar- riages by consular officers of the United States in a for- eign country. Editorial Notes CODIFICATION Pub. L. 101–246, § 123, which directed the repeal of sec- tion 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 sec- tion, 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. § 4193. Protests Consuls and vice consuls shall have the right, in the ports or places to which they are sever- ally appointed, of receiving the protests or dec- larations which captains, masters, crews, pas- sengers, 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 in- terest of any citizen of the United States. (R.S. § 1707; June 25, 1948, ch. 646, § 39, 62 Stat. 992.) Editorial Notes CODIFICATION R.S. § 1707 derived from act Apr. 14, 1792, ch. 24, § 2, 1 Stat. 255. Page 1560 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4194 Section was not enacted as part of the Foreign Serv- ice 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. AMENDMENTS 1948—Act June 25, 1948, repealed second sentence re- lating to authenticated copies of consular acts received as evidence. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1948 AMENDMENT Act June 25, 1948, ch. 646, § 38, 62 Stat. 992, provided that the amendment made by that act is effective Sept. 1, 1948. § 4194. Lists and returns of seamen and vessels, etc. Every consular officer shall keep a detailed list of all seamen and mariners shipped and dis- charged 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 ar- rived and departed, the amounts of their reg- istered 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 Com- merce. (R.S. § 1708; Feb. 14, 1903, ch. 552, § 10, 32 Stat. 829; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736.) Editorial Notes CODIFICATION R.S. § 1708 derived from act Aug. 18, 1856, ch. 127, § 27, 11 Stat. 62. Act Feb. 14, 1903, substituted ‘‘Secretary of Com- merce and Labor’’ for ‘‘Secretary of the Treasury’’. Act Mar. 4, 1913, substituted ‘‘Secretary of Commerce’’ for ‘‘Secretary of Commerce and Labor’’. Section was not enacted as part of the Foreign Serv- ice Act of 1980 which comprises this chapter. Section was formerly classified to section 1174 of this title, and prior thereto to section 74 of this title. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Coast Guard transferred to Department of Transpor- tation and functions, powers, and duties, relating to Coast Guard, of Secretary of the Treasury and of other offices and officers of Department of the Treasury transferred to Secretary of Transportation by Pub. L. 89–670, § 6(b)(1), Oct. 15, 1966, 80 Stat. 931. Section 6(b)(2) of Pub. L. 89–670, however, provided that notwith- standing such transfer of functions, Coast Guard shall operate as part of Navy in time of war or when Presi- dent directs as provided in former section 3 (now 103) of Title 14. See section 108 of Title 49, Transportation. For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. Executive Documents TRANSFER OF FUNCTIONS Certain shipping and navigation functions of Sec- retary of Commerce transferred to Commandant of Coast Guard and Commissioner of Customs by Reorg. Plan No. 3 of 1946, §§ 101 to 104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, 1098 set out in the Appendix to Title 5, Government Organization and Employees. Functions of all officers of Department of the Treas- ury [which included Commandant of Coast Guard and Commissioner of Customs], and functions of all agen- cies and employees of Department, transferred, with certain exceptions, to Secretary of the Treasury, with power vested in him to authorize their performance or performance of any of his functions, by any of such offi- cers, agencies, and employees, by Reorg. Plan No. 26 of 1950, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5. Coast Guard was generally a service in Department of the Treasury but such Plan excepted, from transfer, functions of Coast Guard, and of Commandant thereof, when Coast Guard was operating as a part of Navy under former section 3 (now 103) of Title 14, Coast Guard. § 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 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 offi- cers and directed that Secretary of State act as conser- vator. Statutory Notes and Related Subsidiaries 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. § 4196. Notification of death of decedent; trans- mission of inventory of effects For the information of the representative of the deceased, the consular officer, or, if no con- sular 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 Sec- retary 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 Sec- retary 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.) Editorial Notes CODIFICATION R.S. § 1710 derived from act Apr. 14, 1792, ch. 24, § 2, 1 Stat. 255. Section was not enacted as part of the Foreign Serv- ice 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. AMENDMENTS 1940—Act July 12, 1940, substituted ‘‘the consular offi- cer, or, if no consular officer is present, a diplomatic officer,’’ for ‘‘the consul or vice-consul,’’.