of the period of his service, and on the first day of January in every year thereafter. (R. S. §§ 1726, 1727.) DERIVATION R. S. §§ 1726, 1727 were from act Aug. 18, 1856, ch. 127, §§ 17, 18, 11 Stat. 58. CODIFICATION Section was not enacted as a part of the "Foreign Service Act of 1946" which comprises this chapter. CROSS REFERENCES Official stamps for amount of fee, to be affixed to document and canceled, see section 1196 of this title. § 1193. Registry of fees. Every consular officer shall also register in a book to be kept by him for that purpose all fees so received by him, in the order in which they are received, specifying each item of service and the amount received therefor, from whom, and the dates when received, and if for any service connected with any vessel, the name thereof, and indicating what items and amounts are embraced in each receipt given by him therefor, and numbering the same according to the number of the receipts, respectively, so that the receipts and register shall correspond with each other; and he shall, in such register, specify the name of the person for whom, and the date when he shall grant, issue, or verify any passport, certify any invoice, or perform any other official service in the entry of the receipt of the fees therefor, and also number each consular act so receipted for with the number of such receipt, and as shown by such register. (R. S. § 1727.) DERIVATION Act Aug. 18, 1856, ch. 127, § 18, 11 Stat. 58. CODIFICATION Section was not enacted as a part of the "Foreign Service Act of 1946" which comprises this chapter. § 1194. Account of fees; verification; perjury. Every consular officer, in rendering his account of fees received, shall furnish a full transcript of the register which he is required to keep, and make oath that, to the best of his knowledge, the same is true, and contains a full and accurate statement of all fees received by him, or for his use, for his official services as such consular officer, during the period for which it purports to be rendered. Such oath may be taken before any person having authority to administer oaths at the port or place where the consular officer is located. If any such consular officer willfully and corruptly commits perjury, in any such oath, within the intent and meaning of any Act of Congress now or after June 22, 1878, he may be charged, proceeded against, tried, and convicted, and dealt with in the same manner, in all respects, as if such offense had been committed in the United States, before any officer duly authorized therein to administer or take such oath, and shall be subject to the same punishment and disability therefor as are or shall be prescribed for such offense. (R. S. § 1728.) DERIVATION Act Aug. 18, 1856, ch. 127, § 18, 11 Stat. 58. CODIFICATION Section was not enacted as a part of the "Foreign Service Act of 1946" which comprises this chapter. CROSS REFERENCES Embezzlement of fees or of effects of American citizens, see section 1198 of this title. Perjury, see sections 1621, 1622, 3185, and 3486 of Title 18, Crimes and Criminal Procedure. § 1195. Notarial acts, oaths, affirmations, affidavits, and depositions; fees. Every consular officer of the United States is required, whenever application is made to him therefor, within the limits of his consulate, to administer to or take from any person any oath, affirmation, affidavit, or deposition, and to perform any other notarial act which any notary public is required or authorized by law to do within the United States; and for every such notarial act performed he shall charge in each instance the appropriate fee prescribed by the President under section 1201 of this title. (Apr. 5, 1906, ch. 1366, § 7, 34 Stat. 101.) CODIFICATION Section was not enacted as a part of the "Foreign Service Act of 1946" which comprises this chapter. CROSS REFERENCES Oaths, affirmations, affidavits, or depositions, see seotion 1203 of this title. § 1196. Stamps for fees; effect of failure to affix stamps to documents. Every consular officer shall be provided and kept supplied with adhesive official stamps, on which shall be printed the equivalent money value of denominations and to amounts to be determined by the Department of State, and shall account quarterly to the Department of State for the use of such stamps and for such of them as shall remain in his hands. Whenever a consular officer is required or finds it necessary to perform any consular or notarial act he shall prepare and deliver to the party or parties at whose instance such act is performed a suitable and appropriate document as prescribed in the consular regulations and affix thereto and duly cancel an adhesive stamp or stamps of the denomination or denominations equivalent to the fee prescribed for such consular or notarial act, and no such act shall be legally valid within the jurisdiction of the Government of the United States unless such stamp or stamps is or are affixed and canceled. (Apr. 5, 1906, ch. 1366, § 10, 34 Stat. 102; May 24, 1924, ch. 182, § 11, 43 Stat. 142.) CODIFICATION Section was not enacted as a part of the "Foreign Service Act of 1946" which comprises this chapter. § 1197. Posting rates of fees. It shall be the duty of all consular officers at all times to keep posted up in their offices, respectively, in a conspicuous place, and subject to the examination of all persons interested therein, a copy of such rates or tariffs as shall be in force. (R. S. § 1731.) DERIVATION Act Aug. 18, 1856, ch. 127, § 16, 11 Stat. 57. Section was not enacted as a part of the "Foreign Service Act of 1946" which comprises this chapter. § 1198. Embezzlement of fees or of effects of American citizens. Every consular officer who willfully neglects to render true and just quarterly accounts and returns of the business of his office, and of moneys received by him for the use of the United States, or who neglects to pay over any balance of said moneys due to the United States at the expiration of any quarter, before the expiration of the next succeeding quarter, or who shall receive money, property, or effects belonging to a citizen of the United States and shall not within a reasonable time after demand made upon him by the Secretary of State or by such citizen, his executor, administrator, or legal representative, account for and pay over all moneys, property, and effects, less his lawful fees, due to such citizen, 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 $2,000. (R. S. § 1734; Dec. 21, 1898, ch. 36, § 3, 30 Stat. 771.) DERIVATION Act Mar. 3, 1869, ch. 125, § 5, 15 Stat. 322. CODIFICATION Section was not enacted as a part of the "Foreign Service Act of 1946" which comprises this chapter. CROSS REFERENCES Embezzlement and theft, see chapter 31 of Title 18, Crimes and Criminal Procedure. Penalty for Failure to give bond and for embezzlement, see section 1179 of this title. Perjury of consular officer, making false oath in accounting for fees, see section 1194 of this title. § 1199. Liability for neglect of duty or for malfeasance generally; action on bond; penalty. Whenever any consular officer willfully neglects or omits to perform seasonably any duty imposed upon him by law, or by any order or instruction made or given in pursuance of law, or is guilty of any willful malfeasance or abuse of power, or of any corrupt conduct in his office, he shall be liable to all persons injured by any such neglect, or omission, malfeasance, abuse, or corrupt conduct, for all damages occasioned thereby; and for all such damages, he and his sureties upon his official bond shall be responsible thereon to the full amount of the penalty thereof to be sued in the name of the United States for the use of the person injured. Such suit, however, shall in no case prejudice, but shall be held in entire subordination to the interests, claims, and demands of the United States, as against any officer, under such bond, for every willful act of malfeasance or corrupt conduct in his office. If any consul neglects or omits to perform seasonably the duties imposed upon him by the laws regulating the shipment and discharge of seamen, or is guilty of any malversation or abuse of power, he shall be liable to any injured person for all damage occasioned thereby; and for all malversation and corrupt conduct in office, he shall be punishable by imprisonment for not more than five years and not less than one, and by a fine of not more than $10,000 and not less than $1,000. (R. S. §§ 1735, 1736; Apr. 5, 1906, ch. 1366, § 3, 34 Stat. 100.) DERIVATION R. S. § 1735 was from act Aug. 18, 1856, ch. 127, § 32, 11 Stat. 64. R. S. § 1736 was from act July 20, 1840, ch. 48, § 18, 5 Stat. 397. CODIFICATION Section was not enacted as a part of the "Foreign Service Act of 1946" which comprises this chapter. § 1200. False certificate as to ownership of property. If any consul or vice consul falsely and knowingly certifies that property belonging to foreigners is property belonging to citizens of the United States, he shall be punishable by imprisonment for not more than three years, and by a fine of not more than $10,000. (R. S. § 1737; Apr. 5, 1906, ch. 1366, § 3, 34 Stat. 100.) DERIVATION Act Feb. 22, 1803, ch. 9, § 7, 2 Stat. 204. CODIFICATION Section was not enacted as a part of the "Foreign Service Act of 1946" which comprises this chapter. CROSS REFERENCES False certification of invoice, or other paper, by a consular officer, made punishable, see section 1019 of Title 18, Crimes and Criminal Procedure. § 1201. Regulation of fees by President. The President is authorized to prescribe, from time to time, the rates or tariffs of fees to be charged for official services, and to designate what shall be regarded as official services, besides such as are expressly declared by law, in the business of the several embassies, legations, and consulates, and to adapt the same, by such differences as may be necessary or proper, to each embassy, legation, or consulate; and it shall be the duty of all officers and persons connected with such embassies, legations, and consulates to collect for such official services such and only such fees as may be prescribed for their respective embassies, legations, and consulates, and such rates or tariffs shall be reported annually to Congress. (R. S. § 1745; Apr. 5, 1906, ch. 1366, § 3, 34 Stat. 100.) DERIVATION Act Aug. 18, 1856, ch. 127, § 16, 11 Stat. 57. CODIFICATION Section was not enacted as a part of the "Foreign Service Act of 1946" which comprises this chapter. CROSS REFERENCES Fees for consular certification of invoices, see section 1181 of this title. Fees named in tariff of consular fees prescribed by order of the President, see section 1186 of this title. § 1202. Medium for payment of fees. All fees collected by diplomatic and consular officers for and in behalf of the United States shall be collected in the coin of the United States, or at its representative value in exchange. (R. S. § 1746.) DERIVATION Act Aug. 18, 1856, ch. 127, § 30, 11 Stat. 63. Section was not enacted as a part of the "Foreign Service Act of 1946" which comprises this chapter. CROSS REFERENCES All coins and currencies of United States to be legal tender for payment of public charges, see section 462 of Title 31, Money and Finance. Valuation of foreign coins in payment of fees, see section 1188 of this title. § 1203. Depositions and notarial acts; perjury. Every secretary of embassy or legation and consular officer is authorized, whenever he is required or deems it necessary or proper so to do, at the post, port, place, or within the limits of his embassy, legation, or consulate, to administer to or take from any person an oath, affirmation, affidavit, or deposition, and to perform any notarial act which any notary public is required or authorized by law to do within the United States. Every such oath, affirmation, affidavit, deposition, and notarial act administered, sworn, affirmed, taken, had, or done, by or before any such officer, when certified under his hand and seal of office, shall be as valid, and of like force and effect within the United States, to all intents and purposes, as if administered, sworn, affirmed, taken, had, or done, by or before any other person within the United States duly authorized and competent thereto. If any person shall willfully and corruptly commit perjury, or by any means procure any person to commit perjury in any such oath, affirmation, affidavit, or deposition, within the intent and meaning of any Act of Congress now or hereafter made, such offender may be charged, proceeded against, tried, convicted, and dealt with in any district of the United States, in the same manner, in all respects, as if such offense had been committed in the United States, before any officer duly authorized therein to administer or take such oath, affirmation, affidavit, or deposition, and shall be subject to the same punishment and disability therefor as are or shall be prescribed by any such act for such offense; and any document purporting to have affixed, impressed, or subscribed thereto or thereon the seal and signature of the officer administering or taking the same in testimony thereof, shall be admitted in evidence without proof of any such seal or signature being genuine or of the official character of such person; and if any person shall forge any such seal or signature, or shall tender in evidence any such document with a false or counterfeit seal or signature thereto, knowing the same to be false or counterfeit, he shall be deemed and taken to be guilty of a misdemeanor and on conviction shall be imprisoned not exceeding three years nor less than one year, and fined in a sum not to exceed $3,000, and may be charged, proceeded against, tried, convicted, and dealt with therefor in the district where he may be arrested or in custody. (R. S. § 1750; Apr. 5, 1906, ch. 1366, § 3, 34 Stat. 100.) DERIVATION Act Aug. 18, 1856, ch. 127, § 24, 11 Stat. 61. CODIFICATION Section was not enacted as a part of the "Foreign Service Act of 1946" which comprises this chapter. CROSS REFERENCES Certificate of acknowledgment of assignments, grants, or conveyances of patents as prima facie evidence of execution, see section 47 of Title 35, Patents. Counterfeiting and forgery, see chapter 25 of Title 18, Crimes and Criminal Procedure. Offenses punishable by imprisonment for a term exceeding one year classified as a felony, see section 1 of Title 18, Crimes and Criminal Procedure. Performance of notarial acts, see section 1195 of this title. Perjury, see sections 1621, 1622, 3185, and 3486 of Title 18, Crimes and Criminal Procedure. § 1204. Authentication of documents of State of Vatican City by Consular officer in Rome. Until the United States shall have consular officer resident in the State of the Vatican City, a copy of any document of record or on file in a public office of said State of the Vatican City, certified by the lawful custodian of such document, may be authenticated, as provided in section 695e of Title 28, by a consular officer of the United States resident in the city of Rome, Kingdom of Italy, and such document or record shall, when so certified and authenticated, be admissible in evidence in any court of the United States. (June 25, 1938, ch. 682, 52 Stat. 1163.) REFERENCES IN TEXT Section 695e of Title 28, referred to in the text, was repealed by act June 25, 1948, ch. 646, § 39, 62 Stat. 992, eff. Sept. 1, 1948, and is now covered by section 1741 of Title 28, Judiciary and Judicial Procedure. SUBCHAPTER II.-OBLIGATIONS OF PHILIPPINES Sec. 1291. 1301 PART 1. PURPOSES Statement of purposes of sections 1291-1332 and 1334 of this title. (a) Period until July 4, 1946. (b) Period July 4, 1946-July 3, 1974. PART 2. CUSTOMS DUTIES Free entry of United States articles. 1302. Ordinary customs duties on United States articles. (a) July 4, 1954-July 3, 1974. (b) Period after July 3, 1974. 1303. Customs duties other than ordinary. 1304. Equality in special import duties, etc.; definition. 1305. Equality in duties on products of United States; definition. (b) Termination of suspension. (c) Termination of agreement. 1352. Suspension of sections 1251-1281 of this title. 1353. Customs duties on importations from Philippines. 1354. Quotas on Philippine articles. (a) Establishment by President. (c) Duration of quotas. (d) Investigations by tariff commission. 1355. Suspension of processing tax on coconut oil. 1356. Termination of payments into Philippine treasury. 1357. Trade agreements with the Philippines. 1358. Rights of third countries. 1359. Administration of sections 1251-1281 of this title. 1360. Definitions. SUBCHAPTER V.-PROPERTY RETAINED BY THE UNITED STATES 1381. Retention by United States of title to real and personal property. 1382. Administration of the Trading With the Enemy Act in Philippines. 1383. Transfer of property by President of United States, Section 512 of act Apr. 30, 1946, provided: "This Act [sections 1251-1281, 1291-1332, 1334-1360, and 1393 of this title, sections 2470 (a) (2) and 2800 (a) (4) (B) of Title 26, Internal Revenue Code, and section 734 of Title 48, Territories and Insular Possessions] shall take effect on the day after the date of its enactment [April 30, 1946], except Part 2 of Title II [sections 1261-1266 of this title], which shall take effect as of January 1, 1946." SHORT TITLE Congress in enacting sections 1251-1281, 1291-1332, 1334-1360, and 1393 of this title, sections 2470 (a) (2) and 2800 (a) (4) (B) of Title 26, Internal Revenue Code, and section 734 of Title 48, Territories and Insular Possessions, provided by section 1 of act Apr. 30, 1946, that they should be popularly known as the "Philippine Trade Act of 1946." CROSS REFERENCES Definitions for sections 1251-1281, 1291-1332, 13341360, and 1393 of this title, see section 1360 of this title. § 1252. Ordinary customs duties on Philippine articles-(a) July 4, 1954-July 3, 1974. The ordinary customs duty to be collected on Philippines articles, which during the following portions of the period from July 4, 1954, to July 3, 1974, both dates inclusive, are entered, or withdrawn from warehouse, in the United States for consumption, shall be determined by applying the following percentages of the United States duty: (1) July 4 to December 31, 1954. During the period from July 4, 1954, to December 31, 1954, both dates inclusive, 5 per centum. (2) Calendar year 1955. During the calendar year 1955, 10-per centum. (3) Calendar year 1956-1972. During each calendar year after the calendar year 1955 until and including the calendar year 1972, a percentage equal to the percentage for the preceding calendar year increased by 5 per centum of the United States duty. (4) Percentage after 1972. During the period from January 1, 1973, to July 3, 1974, both dates inclusive, 100 per centum. (5) Exceptions to above rules. The provisions of this subsection shall not be applicable to the classes of articles referred to in section 1264 (a) of this title (relating to quotas). (b) Period after July 3, 1974. The ordinary customs duty to be collected on Philippine articles which after July 3, 1974, are entered, or withdrawn from warehouse, in the United States for consumption, shall be determined without regard to the provisions of subsection (a) of this section or of section 1264 of this title. (Apr. 30, 1946, ch. 244, title II, § 202, 60 Stat. 143.) EFFECTIVE DATE Effective date, see note set out under section 1251 of this title. § 1253. Customs duties other than ordinary. Customs duties on Philippine articles, other than ordinary customs duties, shall be determined without regard to the provisions of sections 1251 and 1252 (a) of this title, but shall be subject to the provisions of section 1254 of this title (Apr. 30, 1946, ch. 244, title II, § 203, 60 Stat. 144.) EFFECTIVE DATE Effective date, see note set out under section 1251 of this title. § 1254. Equality in special import duties, etc.; definition. (a) With respect to Philippine articles imported into the United States, no duty on or in connection with importation shall be collected or paid in an amount in excess of the duty imposed with respect to like articles which are the product of any other foreign country, or collected or paid in any amount if the duty is not imposed with respect to such like articles. (b) As used in this section the term "duty" includes taxes, fees, charges, or exactions, imposed on or in connection with importation; but does not include internal taxes or ordinary customs duties. (Apr. 30, 1946, ch. 244, title II, § 204, 60 Stat. 144.) EFFECTIVE DATE Effective date, see note set out under section 1251 of this title. § 1255. Equality in duties on products of Philippines; definition. (a) With respect to products of the Philippines, which do not come within the definition of Philippine articles, imported into the United States, no duty on or in connection with importation shall be collected or paid in an amount in excess of the duty imposed with respect to like articles which are the product of any other foreign country (except Cuba), or collected or paid in any amount if the duty is not imposed with respect to such like articles which are the product of any other foreign country (except Cuba). (b) As used in this section the term "duty" includes taxes, fees, charges, or exactions, imposed on or in connection with importation; but does not include internal taxes. (Apr. 30, 1946, ch. 244, title II, § 205, 60 Stat. 144.) EFFECTIVE DATE Effective date, see note set out under section 1251 of this title. PART 2. QUOTAS § 1261. Absolute quota on sugars; definitions—(a) Definition of Philippine sugars. For the purpose of this section, an article shall not be considered "Philippine sugars" unless it is a Philippine article. (b) Definition of refined sugars. As used in this section the term "refined sugars” has the same meaning as the term "direct-consumption sugar" as defined in section 1101 of Title 7. (c) Amount of quota. During the period from January 1, 1946, to July 3, 1974, both dates inclusive, the total amount of all Philippine sugars which, in any calendar year, may be entered, or withdrawn from warehouse, in the United States for consumption, shall not exceed 952,000 short tons (the equivalent of 850,000 long tons), of which not to exceed 56,000 short tons (the equivalent of 50,000 long tons) may be refined sugars; except that during the period from January 1, 1974, to July 3, 1974, both dates inclusive, such total amount shall not exceed 476,000 short tons (the equivalent of 425,000 long tons), of which not to exceed 28,000 short tons (the equivalent of 25,000 long tons) may be refined sugars. (d) Allocation of quotas for unrefined sugars. The quota for unrefined sugars, including that required to manufacture the refined sugars, established by this section, shall be allocated annually to the sugar-producing mills and plantation owners in the Philippines in the calendar year 1940 whose sugars were exported to the United States during such calendar year, or their successors in interest, proportionately on the basis of their average annual production (or in the case of such a successor in interest, the average annual production of his predecessor in interest) for the calendar years 1931, 1932, and 1933, and the amount of sugars which may be so exported shall be allocated in each year between each mill and the plantation owners on the basis of the proportion of sugars to which each mill and the plantation owners are respectively entitled, in accordance with any milling agreements between them, or any extension, modification, or renewal thereof. (e) Allocation of quotas for refined sugars. The quota for refined sugars established by this section shall be allocated annually to the manufacturers of refined sugars in the Philippines in the calendar year 1940 whose refined sugars were exported to the United States during such calendar year, or their successors in interest, proprotionately on the basis of the amount of refined sugars produced by each such manufacturer (or in the case of such successor in interest, the amount of refined sugars produced by his predecessor in interest) which was ex |