22 U.S.C. § 4196 — Notification of death of decedent; trans-

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 AMENDMENTS 1948—Act June 25, 1948, repealed second sentence re- lating to authenticated copies of consular acts received as evidence.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,’’. 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