22 U.S.C. § 4210 — Liability for uncollected fees

Page 1563 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4211 ceive, directly or indirectly, any compensation, by way of commission or otherwise, for receiv- ing or disbursing the wages or extra wages to which any seaman or mariner is entitled who is discharged in any foreign country, or for any money advanced to any such seaman or mariner who seeks relief from any consulate; nor shall any consular officer, or any person under any consular officer, be interested, directly or indi- rectly, in any profit derived from clothing, boarding or otherwise supplying or sending home any such seaman or mariner. Such prohi- bition as to profit, however, shall not be con- strued to relieve or prevent any such officer who is the owner of or otherwise interested in any vessel of the United States from transporting in such vessel any such seaman or mariner, or from receiving or being interested in such reasonable allowance as may be made for such transpor- tation by law. (R.S. § 1719; Apr. 5, 1906, ch. 1366, § 3, 34 Stat. 100.) Editorial Notes CODIFICATION R.S. § 1719 derived from act Aug. 18, 1856, ch. 127, § 20, 11 Stat. 59. Reference to ‘‘commercial agency’’ was 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 1187 of this title, and prior thereto to section 90 of this title. § 4208. Valuation of foreign coins in payment of fees Consuls, vice consuls, and consular agents in the Dominion of Canada, in the collection of of- ficial fees, shall receive foreign moneys at the rate given in the Treasury schedule of the value of foreign coins. (R.S. § 1722.) Editorial Notes CODIFICATION R.S. § 1722 derived from act Mar. 3, 1869, ch. 125, § 3, 15 Stat. 321. Provisions of R.S. § 1722 that no consul, vice consul, or consular agent in the Dominion of Canada shall be allowed tonnage fees for any services, actual or con- structive, rendered any vessel owned and registered in the United States that may touch at a Canadian port, were omitted as superseded by section 12 of act June 26, 1884, ch. 121, 23 Stat. 56, which is classified to section 4206 of this title. Section was not enacted as part of the Foreign Serv- ice Act of 1980 which comprises this chapter. Section was formerly classified to section 1188 of this title, and prior thereto to section 91 of this title. § 4209. Exaction of excessive fees generally; pen- alty of treble amount Whenever any consular officer collects, or knowingly allows to be collected for any service, any other or greater fees than are allowed by law for such service, he shall, besides his liabil- ity to refund the same, be liable to pay to the person by whom or in whose behalf the same are paid, treble the amount of the unlawful charge so collected, as a penalty, to be recovered with costs, in any proper form of action, by such per- son for his own use. And in any such case the Secretary of the Treasury may retain, out of the compensation of such officer, the amount of such overcharge and of such penalty, and charge the same to such officer in account, and may thereupon refund such unlawful charge, and pay such penalty to the person entitled to the same if he shall think proper so to do. (R.S. § 1723.) Editorial Notes CODIFICATION R.S. § 1723 derived from act Aug. 18, 1856, ch. 127, § 17, 11 Stat. 58. Section was not enacted as part of the Foreign Serv- ice Act of 1980 which comprises this chapter. Section was formerly classified to section 1189 of this title, and prior thereto to section 92 of this title. § 4210. Liability for uncollected fees Every consul general, consul, or vice consul appointed to perform the duty of any such offi- cer, who omits to collect any fees which he is entitled to charge for any official service, shall be liable to the United States therefor, as if he had collected the same; unless, upon good cause shown therefor, the Secretary of the Treasury shall think proper to remit the same. (R.S. § 1724; Apr. 5, 1906, ch. 1366, § 3, 34 Stat. 100.) Editorial Notes CODIFICATION R.S. § 1724 derived from act Aug. 18, 1856, ch. 127, § 18, 11 Stat. 58. References to ‘‘commercial agent’’ and ‘‘vice-com- mercial agent’’ 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 1190 of this title, and prior thereto to section 93 of this title. § 4211. Returns as to fees by officers com- pensated by fees All consular agents, as are allowed for their compensation the whole or any part of the fees which they may collect, shall make returns in such manner as the Government Accountability Office shall prescribe, of all such fees as they or any person in their behalf so collect. (R.S. § 1725; July 31, 1894, ch. 174, § 5, 28 Stat. 206; Apr. 5, 1906, ch. 1366, § 3, 34 Stat. 100; June 10, 1921, ch. 18, title III, § 304, 42 Stat. 24; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.) Editorial Notes CODIFICATION R.S. § 1725 derived from act Aug. 18, 1856, ch. 127, § 18, 11 Stat. 58. References to ‘‘commercial agents’’ and ‘‘vice-com- mercial agents’’ 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 1191 of this title, and prior thereto to section 94 of this title.