Page images
PDF
EPUB
[blocks in formation]

ices for the purchaser or purchasers of the vessel:

(a) Take an acknowledgment of the execution of the bill of sale for the vessel and make the bill of sale a matter of record in the Foregn Service office; and

(b) Either issue a Provisional Certificate of Registry (Customs Form 1266–A) for the vessel, provided the purchaser or purchasers desire to have it documented under the laws of the United States, and provided the Commissioner of Customs, Department of the Treasury, first approves the issuance of such a certificate; or if the purchaser or purchasers do not desire or intend to have the vessel documented under the laws of the United States, issue a Certificate of American Ownership for the vessel, provided approval of the Department of State is obtained in advance. A Certificate of American Ownership is prima facie proof that the vessel concerned was transferred to United States ownership, that the transfer was made in good faith, and that the owners are United States citizens.

§ 87.2 Transfers of American vessels to aliens or to foreign registry.

A consular officer shall, upon request, inform interested parties that formal written application for the approval of the Maritime Administration must be filed, in duplicate, on Form MA-29. Upon completion by the applicants of the necessary documents for the Maritime Administration, the consular officer may transmit such documents for them to the Maritime Administration through the Department of State. A consular officer shall, upon receipt of a request to perform any services connected with the actual transfer of a vessel or an interest therein to any person not a United States citizen, ascertain whether the transaction has been approved by the Maritime Administration. If it has, the consular officer shall perform any notarial services connected with the transaction, and shall submit a complete report in the premises to the Department of State for transmittal to the Maritime Administration, accompanied by a certified copy of the bill of sale, mortgage, lease, charter, or such other evidence of the transfer as may be obtainable. If the transaction has not been approved by the Maritime Administration, the consular officer shall inform the

parties in interest of the penalties attached by reason of failure to procure the required approval, and shall submit a complete report in the premises to the Department of State for transmittal to the Maritime Administration.

CROSS REFERENCE: For regulations relating to transfers of vessels of war to foreign registry, see § 123.08 of this chapter.

PART 88-FEES FOR SERVICES

Sec.

88.1 Services for American vessels. 88.3 Services for foreign vessels.

AUTHORITY: The provisions of this Part 88 issued under sec. 302, 60 Stat. 1001; 22 U.S.C. 842.

PART 91-IMPORT CONTROLS

Sec.

91.1 Answering inquiries regarding tariff acts and customs regulations. 91.2 Furnishing samples to collectors of customs or appraising officers.

91.3 Assistance to Customs and Tariff Commission representatives.

91.4 Alcoholic liquors on vessels of not over 500 tons.

AUTHORITY: The provisions of this Part 91 issued under sec. 4, 63 Stat. 111, as amended; 22 U.S.C. 2658.

SOURCE: The provisions of this Part 88 appear at 22 F.R. 10858, Dec. 27, 1957, unless otherwise noted.

SUBCHAPTER J-OTHER CONSULAR SERVICES

SOURCE: The provisions of this Part 91 appear at 22 F.R. 10858, Dec. 27, 1957, unless otherwise noted.

§ 91.1 Answering inquiries regarding tariff acts and customs regulations. In replying to inquiries received from exporters, travelers, or other interested parties, concerning tariff acts or customs regulations, consular officers shall refrain from giving, or appearing to give, decisions pertaining to matters upon which they are not competent to pass. § 91.2 Furnishing samples to collectors of customs or appraising officers. Upon the receipt of a request therefor from a collector of customs or appraising officer of the Government of the United States, a consular officer shall procure and forward samples of merchandise being imported or offered for importation into the United States from his particular district.

[blocks in formation]

§ 91.3 Assistance to Customs and Tariff Commission representatives.

Consular officers shall render all proper assistance to Customs and Tariff Commission representatives abroad to aid them in the performance of their official duties.

§ 91.4 Alcoholic liquors on vessels of not over 500 tons.

(a) Upon request of interested shippers or masters of vessels at ports in the consular district other than the place where the consular office is situated, consular officers shall designate one or more reputable individuals residing in each such port, as authorized persons to witness the signatures of the masters of vessels of not over 500 net tons when affixed to declarations covering shipments of alcoholic liquors destined to the United States, and to issue certificates therefor as contemplated by section 7 of the Anti-Smuggling Act of 1935 (49 Stat. 520; 19 U.S.C. 1707). Any person so designated by a consular officer to issue such certificates shall state in each of his certificates that he has no interest in the shipment described therein. Having delivered the original document to the master, he shall forward the duplicate to the consular office for retention.

(b) Consular officers shall, with respect to declarations of masters of vessels of not over 500 net tons in instances in which the port of shipment is the

same place as, or conveniently near to, the location of the consular office, supply their certifications directly as contemplated by the said section of the Anti-Smuggling Act. They shall retain, over the interval prescribed in the applicable records retirement schedule, a copy of each document so certified by them. They shall similarly retain the copies of the certifications supplied by authorized persons in outlying ports of the consular district, as set forth in the preceding subsection.

(c) This section, read together with § 4.13, Title 19, of the Code of Federal Regulations, comprises the joint regulations contemplated for issuance by the Secretary of State and the Secretary of the Treasury under section 7 of the AntiSmuggling Act of 1935.

[blocks in formation]
[blocks in formation]
[blocks in formation]

INTRODUCTION

§ 92.1

Definitions.

(a) In the United States the term "notary" or "notary public" means a public officer qualified and bonded under the laws of a particular jurisdiction for the performance of notarial acts, usually in connection with the execution of some document.

(b) The term "notarial act" means an act recognized by law or usage as pertaining to the office of a notary public.

(c) The term "notarial certificate" may be defined as the signed and sealed statement to which a "notarial act" is almost invariably reduced. The "notarial certificate" attests to the performance of the act by the notary, and may be an independent document or, as in general American notarial practice, may be placed on or attached to the notarized document.

[blocks in formation]

the limits of his consulate, to administer to or take from any person any 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 (R.S. 1750; secs. 3 and 7 of act of April 5, 1906, 34 Stat. 99; 22 U.S.C. 1195, 1203). The language "within the limits of his consulate" is construed to mean within the geographic limits of his consular district. With respect to notarial acts performed away from his office, see § 92.7. Notarial acts shall be performed only if their performance is authorized by treaty provisions or is permitted by the laws or authorities of the country wherein the officer is stationed.

(b) These acts may be performed for any person regardless of nationality so long as the document in connection with which the notarial service is required is for use within the jurisdiction of the Federal Government of the United States or within the jurisdiction of one of the States or Territories of the United States. (However, see also § 92.6.) Within the Federal jurisdiction of the United States, these acts, when certified under the hand and seal of office of the notarizing officer are valid and of like force and effect as if performed by any duly authorized and competent person within the United States. Documents bearing the seal and signature of the notarizing officer are admissible in evidence within the Federal jurisdiction without proof of any such seal or signature being genuine or of the official character of the notarizing officer. (R.S. 1750, sec. 3, 34 Stat. 100; 22 U.S.C. 1203.)

(c) Every secretary of embassy or legation and every consular officer may perform notarial acts for use in countries occupied by the United States or under its administrative jurisdiction, provided the officer has reason to believe that his notarial act will be recognized in the country where it is intended to be used. These acts may be performed for United States citizens and for nationals of the occupied or administered countries, who reside outside such countries, except in areas where another government is protecting the interests of the occupied or administered country.

(d) Chiefs of mission, that is, ambassadors and ministers, have no authority under Federal law to perform notarial acts except in connection with the au

[blocks in formation]

The acceptability within the jurisdiction of a State or Territory of the United States of a certificate of a notarial act performed by an officer of the Foreign Service depends upon the laws of the State or Territory. Most States and Territories recognize the notarial acts of United States diplomatic or consular officers, whether such acts are performed for United States citizens or for aliens. However, some of the States and Territories have, by statute, specified the legal requirements which notarized documents or notarial certificates must meet. For this reason, before performing a notarial act for use in a State or Territory, an officer of the Foreign Service should, unless he is already certain of the provisions of the pertinent state or territorial law, consult the appropriate law digest to determine whether it may be expected that the certificate of his notarial act will be acceptable in the State or Territory. If, in a particular instance, no statutory provision on this point can be found, the applicant for the notarial service should be informed of that fact, preferably in writing, and a statement regarding the giving of this information should be entered in the Record of Fees.

§ 92.6

Authority of officers of the For eign Service under international practice.

Although such services are not mandatory, officers of the Foreign Service may as a courtesy, perform notarial acts for use in countries with which the United States has formal diplomatic and consular relations. Generally the applicant for such service will be a United States citizen or a national of the country in which the notarized document will be used. The officer's compliance with a request for a notarial service of this type should be based on the reasonableness of the request and the absence of any apparent irregularity. When an officer finds it advisable to do so, he may question the applicant to such extent as may be necessary to assure himself.

« PreviousContinue »