22 U.S.C. § 4201 — Fees for certification of invoices

Page 1561 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4201 § 4197. Following testamentary directions; assist- ance to testamentary appointee When a citizen of the United States dies in a foreign country and leaves, by any lawful testa- mentary disposition, special directions for the custody and management, by the consular offi- cer, or in his absence a diplomatic officer, with- in 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 testa- mentary 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 what- ever way may be practicable to facilitate the proceedings of such person in the lawful execu- tion 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 inter- ference 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 of- ficer 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. (R.S. § 1711; July 12, 1940, ch. 618, 54 Stat. 760.) Editorial Notes CODIFICATION R.S. § 1711 derived from act Aug. 18, 1856, ch. 127, § 28, 11 Stat. 63. Section was not enacted as part of the Foreign Serv- ice Act of 1980 which comprises this chapter. Section was formerly classified to section 1177 of this title, and prior thereto to section 77 of this title. AMENDMENTS 1940—Act July 12, 1940, amended section generally. § 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 es- tates of deceased persons or of their heirs or of persons under legal disabilities, without exe- cuting 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 pre- scribe, conditioned for the true and faithful per- formance of all his duties according to law and for the true and faithful accounting for deliv- ering, and paying over to the persons thereto en- titled 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 ad- ministrator, guardian, or in other fiduciary ca- pacity. 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, judg- ment 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 pen- alty has been recovered. (June 30, 1902, ch. 1331, § 1, 32 Stat. 546.) Editorial Notes CODIFICATION Section was not enacted as part of the Foreign Serv- ice Act of 1980 which comprises this chapter. Section was formerly classified to section 1178 of this title, and prior thereto to section 78 of this title. § 4199. Penalty for failure to give bond and for embezzlement Every consular officer who accepts any ap- pointment to any office of trust mentioned in section 4198 of this title without first having complied with the provisions thereof by due exe- cution 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 lat- ter, 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. (June 30, 1902, ch. 1331, § 2, 32 Stat. 547.) Editorial Notes CODIFICATION Section was not enacted as part of the Foreign Serv- ice Act of 1980 which comprises this chapter. Section was formerly classified to section 1179 of this title, and prior thereto to section 79 of this title. § 4200. Certification of invoices generally No consular officer shall certify any invoice unless he is satisfied that the person making oath thereto is the person he represents himself to be, that he is a credible person, and that the statements made under such oath are true; and he shall, thereupon, by his certificate, state that he was so satisfied. (R.S. § 1715.) Editorial Notes CODIFICATION R.S. § 1715 derived from act Aug. 18, 1856, ch. 127, § 27, 11 Stat. 62. Section was not enacted as part of the Foreign Serv- ice Act of 1980 which comprises this chapter. Section was formerly classified to section 1180 of this title, and prior thereto to section 83 of this title. § 4201. Fees for certification of invoices Fees for the consular certification of invoices shall be, and they are, included with the fees for Page 1562 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4202 official services for which the President is au- thorized by section 4219 of this title to prescribe rates or tariffs. (Apr. 5, 1906, ch. 1366, § 9, 34 Stat. 101.) Editorial Notes CODIFICATION Section was not enacted as part of the Foreign Serv- ice Act of 1980 which comprises this chapter. A further provision of section 9 of act Apr. 5, 1906, re- pealed R.S. § 2851, which provided for certification of in- voices of imported merchandise by the collector of the post, and R.S. § 1721, which prescribed a fee of one dol- lar to be charged by the consul-general for the British North American provinces, for certifying invoices of goods not exceeding $100 in value. Section was formerly classified to section 1181 of this title, and prior thereto to section 84 of this title. § 4202. Exaction of excessive fees for verification of invoices; penalty The fee provided by law for the verification of invoices by consular officers shall, when paid, be held to be a full payment for furnishing blank forms of declaration to be signed by the shipper, and for making, signing, and sealing the certifi- cate of the consular officer thereto; and any consular officer who, under pretense of charging for blank forms, advice, or clerical services in the preparation of such declaration or certifi- cate, charges or receives any fee greater in amount than that provided by law for the verification of invoices, or who demands or re- ceives for any official services, or who allows any clerk or subordinate to receive for any such service, any fee or reward other than the fee provided by law for such service, shall be pun- ishable by imprisonment for not more than one year, or by a fine of not more than $2,000, and shall be removed from his office. (R.S. § 1716.) Editorial Notes CODIFICATION R.S. § 1716 derived from act Mar. 3, 1869, ch. 125, § 3, 15 Stat. 321. Section was not enacted as part of the Foreign Serv- ice Act of 1980 which comprises this chapter. Section was formerly classified to section 1182 of this title, and prior thereto to section 85 of this title. § 4203. Destruction of old invoices The Secretary of State is authorized to cause, from time to time, the destruction of invoices that have been filed in the consular offices for a period of more than five years. (Feb. 24, 1903, ch. 753, 32 Stat. 854.) Editorial Notes CODIFICATION Section was not enacted as part of the Foreign Serv- ice Act of 1980 which comprises this chapter. Section was formerly classified to section 1183 of this title, and prior thereto to section 86 of this title. § 4204. Restriction as to certificate for goods from countries adjacent to United States No consular officer of the United States shall grant a certificate for goods, wares, or merchan- dise shipped from countries adjacent to the United States which have passed a consulate after purchase for shipment. (R.S. § 1717.) Editorial Notes CODIFICATION R.S. § 1717 derived from act Feb. 22, 1873, ch. 184, § 3, 17 Stat. 474. Section was not enacted as part of the Foreign Serv- ice Act of 1980 which comprises this chapter. Section was formerly classified to section 1184 of this title, and prior thereto to section 87 of this title. § 4205. Retention of papers of American vessels until payment of demands and wages All consular officers are authorized and re- quired to retain in their possession all the pa- pers of vessels of the United States, which shall be deposited with them as directed by law, till payment shall be made of all demands and wages on account of such vessels. (R.S. § 1718.) Editorial Notes CODIFICATION R.S. § 1718 derived from act Aug. 18, 1856, ch. 127, § 28, 11 Stat. 63. Section was not enacted as part of the Foreign Serv- ice Act of 1980 which comprises this chapter. Section was formerly classified to section 1185 of this title, and prior thereto to section 88 of this title. § 4206. Fees for services to American vessels or seamen prohibited No fees named in the tariff of consular fees prescribed by order of the President shall be charged or collected by consular officers for the official services to American vessels and sea- men. Consular officers shall furnish the master of every such vessel with an itemized statement of such services performed on account of said vessel, with the fee so prescribed for each serv- ice, and make a detailed report to the Secretary of the Treasury of such services and fees, under such regulations as the Secretary of State may prescribe. (June 26, 1884, ch. 121, § 12, 23 Stat. 56.) Editorial Notes CODIFICATION Section was not enacted as part of the Foreign Serv- ice Act of 1980 which comprises this chapter. Provisions of section 12 of act June 26, 1884 (this sec- tion), permitting the Secretary of the Treasury to allow consular officers who are paid in whole or in part by fees such compensation for their services as they would have received but for the prohibition in this sec- tion were superseded by section 4223 of this title and were omitted, as was a provision of said section appro- priating a sum sufficient for the payment of the com- pensation herein mentioned. Section was formerly classified to section 1186 of this title, and prior thereto to section 89 of this title. § 4207. Profits from dealings with discharged sea- men; prohibition No consular officer, nor any person under any consular officer shall make any charge or re-