22 U.S.C. § 4199 — Penalty for failure to give bond and for

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