Page images
PDF
EPUB

Disposal Service, Seventh and D Streets SW., Washington, D.C. 20407. $ 3.7

Revocation of previous regulations. The regulations in this part shall supersede all regulations heretofore in effect concerning the acceptance of gifts and decorations from foreign governments to persons in the service of the United States or to members of their families.

PART 4-NOTIFICATION OF FOREIGN

OFFICIAL STATUS Sec. 4.1 Persons required to give notification. 4.2 Persons exempted from the requirement

to give notification. 4.3 Form to be used in giving notification. 4.4 Form required in duplicate. 4.5 Time limit for the submission of the

form. 4.6 Termination of official status and depar

ture from the United States. AUTHORITY: The provisions of this Part 4 issued under sec. 10, 56 Stat. 257, sec. 4, 63 Stat. 111, as amended; 22 U.S.C. 620, 2658.

SOURCE: The provisions of this part 4 appear at 22 F.R. 10788, Dec. 27, 1957, unless otherwise noted. § 4.1 Persons required to give notifica

tion. All persons who are entitled to exemption from the registration and fingerprinting requirements of the Alien Registration Act of 1940 (54 Stat. 670), as amended, are required to give notification to the Secretary of State of their presence in the United States. Such persons comprise foreign government officials, members of their families (including relatives by blood or marriage regularly residing in or forming a part of their household), and their employees and attendants. § 4.2 Persons exempted from the re

quirement to give notification. Ambassadors and ministers, and members of their missions named in the Diplomatic List issued monthly by the Department of State, are exempted from the requirement to give notification to the Secretary of State under this part. § 4.3 Form to be used in giving notifica

tion. A Notification of Status with a Foreign Government form is to be used by the several diplomatic missions in Washing

ton in giving notification of foreign official status to the Secretary of State. § 4.4 Form required in duplicate.

The form is to be submitted to the Secretary of State in duplicate. § 4.5 Time limit for the submission of

the form. (a) The form is to be submitted within 30 days after the arrival of the foreign official in the United States or after a change from a nonofficial to an official status.

(b) If the official status claimed is not recognized by the Secretary of State, the person submitting the form must register within another 30 days under the requirements of the Alien Registration Act. § 4.6 Termination of official status and

departure from the United States. (a) The diplomatic missions in Washington should notify the Secretary of State of the termination of service of all officials and employees, giving the dates of such termination of service, the dates and ports of their departure from the United States, or their addresses if they are remaining in the United States.

(b) Aliens remaining in the United States after terminating their status as officials or employees are required to be registered and finger-printed within 30 days thereafter under sections 37(a), 34(a) and 32(C) of the Alien Registration Act (54 Stat. 674, 675; 8 U.S.C. 453, 455, 458).

PART 5-ORGANIZATION Sec. 5.1 Introduction. 5.2 Central and field organization, estab

lished places at which, the officers from whom, and the methods whereby the public may secure information, make submittals, or request, or obtain decisions; and statements of the general course and method by which its func

tions are channeled and determined. 5.3 Rules of procedure, description of forms

available or the places at which forms may be obtained, and instructions as to the scope and content of all papers,

reports, or examinations. 5.4 Substantive rules of general applica

bility adopted as authorized by law, and statements of general policy or interpretation of general applicability formulated and adopted by the

agency. AUTHORITY: The provisions of this Part 5 issued under sec. 4, 63 Stat, 111, as amended,

(i) The term “approval by the appro- for disposal in accordance with the propriate agency” includes approval by such visions of $ 3.6. person or persons as are duly authorized (d) Decorations. Decorations reby such agency to give the approval ceived which have been tendered in required by these regulations.

recognition of active field service in con(j) The term “Chief of Protocol" nection with combat operations, or which means the Chief of Protocol of the have been awarded for outstanding or Department of State.

unusually meritorious performance, may $ 3.4 Release of gifts and decorations on

be accepted and worn by the donee with deposit in the Department of State

(1) the approval by the appropriate through October 14, 1966.

agency and (2) the concurrence of the

Chief of Protocol. Within the DepartAny gift or decoration on deposit with

ment of State, the decision as to whether the Department of State on the effective

a decoration has been awarded for outdate of this part shall, following written

standing or unusually meritorious perapplication to the Chief of Protocol and

formance will be the responsibility of the subsequent approval by the Chief of

supervising Assistant Secretary of State Protocol and the appropriate agency, be or comparable officer for the person inreleased through the appropriate agency volved. In the absence of approval and to the donee or his legal representative.

concurrence under this paragraph, the Such donee may also, if authorized by

decoration shall become the property of the appropriate agency, wear any deco

the United States and shall be deposited ration so released. Approval for release

by the donee with the Chief of Protocol will normally be given unless, from the

for use or disposal in accordance with special or unusual circumstances in

the provisions of $ 3.6. Nothwithstanding volved, it would appear to the Chief of

the foregoing, decorations tendered to Protocol to be improper to release the

U.S. military personnel for service in item. Any gifts or decorations not ap

Viet-Nam may be accepted and worn as proved for release will become the prop

provided by the Act of October 19, 1965, erty of the U.S. Government and will be

Public Law 89–257, 79 Stat. 982. used or disposed of in accordance with the provisions of $ 3.6.

$ 3.6 Use or disposal of gifts and deco

rations which become the property of $ 3.5 Gifts and decorations received by

the United States. any person after October 14, 1966.

Any gift or decoration which becomes (a) General policy. No person shall the property of the United States under request or otherwise encourage the ten- this part may be retained for official use der of a gift or decoration.

by the appropriate agency with the ap(b) Gifts of minimal value. Subject proval of the Chief of Protocol. Gifts to indivdual agency regulations, table and deocrations not so retained shall be favors, mementos, remembrances, or

forwarded to the General Services Adother tokens bestowed at official func- ministration by the Chief of Protocol for tions, and other gifts of minimal value transfer, donation, or other disposal in received as souvenirs or marks of cour- accordance with such instruction as may tesy from a foreign government may be

be furnished by that officer. In the abaccepted and retained by the donee. The

sence of such instructions, such property burden of proof is upon the donee to

will be transferred or disposed of by the

General Services Administration in acestablish that the gift is of minimal value

cordance with the provisions of the Fedas defined by this part. (c) Gifts of more than minimal value.

eral Property and Administrative Sery

ices Act of 1949, 63 Stat. 377, as amended, Where a gift of more than minimal value

and the Federal Property Management is tendered, the donor should be advised

Regulations (41 CFR Ch. 101, Subchapter that it is contrary to the policy of the

H). Standard Form 120, Report of ExUnited States for persons in the service cess Personal Property, and Standard thereof to accept substantial gifts. If, Form 120A, Continuation Sheet, shall be however, the refusal of such a gift would used in reporting such property, and the be likely to cause offense or embarrass- Foreign Gifts and Decorations Act of ment to the donor, or would adversely 1966 shall be cited on the reporting docuaffect the foreign relations of the United ment. Such reports shall be submitted to States, the gift may be accepted and shall General Services Administration, Region be deposited with the Chief of Protocol 3, Attention: Property Management and

[blocks in formation]

ton in giving notification of foreign official status to the Secretary of State. § 4.4 Form required in duplicate.

The form is to be submitted to the Secretary of State in duplicate. § 4.5 Time limit for the submission of

the form. (a) The form is to be submitted within 30 days after the arrival of the foreign official in the United States or after a change from a nonofficial to an official status.

(b) If the official status claimed is not recognized by the Secretary of State, the person submitting the form must register within another 30 days under the requirements of the Alien Registration Act. $ 4.6 Termination of official status and

departure from the United States. (a) The diplomatic missions in Washington should notify the Secretary of State of the termination of service of all officials and employees, giving the dates of such termination of service, the dates and ports of their departure from the United States, or their addresses if they are remaining in the United States.

(b) Aliens remaining in the United States after terminating their status as officials or employees are required to be registered and finger-printed within 30 days thereafter under sections 37(a), 34(a) and 32(C) of the Alien Registration Act (54 Stat. 674, 675; 8 U.S.C. 453, 455, 458).

PART 4-NOTIFICATION OF FOREIGN

OFFICIAL STATUS Sec. 4.1 Persons required to give notification. 4.2 Persons exempted from the requirement

to give notification. 4.3 Form to be used in giving notification. 4.4 Form required in duplicate. 4.5 Time limit for the submission of the

form. 4.6 Termination of official status and depar

ture from the United States. AUTHORITY: The provisions of this Part 4 issued under sec, 10, 56 Stat. 257, sec. 4, 63 Stat. 111, as amended; 22 U.S.C. 620, 2658.

SOURCE: The provisions of this part 4 appear at 22 F.R. 10788, Dec. 27, 1957, unless otherwise noted. § 4.1 Persons required to give notifica

tion. All persons who are entitled to exemption from the registration and fingerprinting requirements of the Alien Registration Act of 1940 (54 Stat. 670), as amended, are required to give notification to the Secretary of State of their presence in the United States. Such persons comprise foreign government officials, members of their families (including relatives by blood or marriage regularly residing in or forming a part of their household), and their employees and attendants. § 4.2 Persons exempted from the re

quirement to give notification. Ambassadors and ministers, and members of their missions named in the Diplomatic List issued monthly by the Department of State, are exempted from the requirement to give notification to the Secretary of State under this part. § 4.3 Form to be used in giving notifica

tion. A Notification of Status with a Foreign Government form is to be used by the several diplomatic missions in Washing

[ocr errors]

PART 5-ORGANIZATION Sec. 5.1 Introduction. 5.2 Central and field organization, estab

lished places at which, the officers from whom, and the methods whereby the public may secure information, make submittals, or request, or obtain decisions; and statements of the general course and method by which its func

tions are channeled and determined. 5.3 Rules of procedure, description of forms

available or the places at which forms may be obtained, and instructions as to the scope and content of all papers,

reports, or examinations. 5.4 Substantive rules of general applica

bility adopted as authorized by law, and statements of general policy or interpretation of general applicability formulated and adopted by the

agency. AUTHORITY: The provisions of this Part 5 issued under sec. 4, 63 Stat. 111, as amended,

sec. 501, 65 Stat. 290; 22 U.S.C. 2658, 31 U.S.C. 483a, 5 U.S.C. 552, E.O. 10501; 3 CFR, 1949– 1953 Comp.

SOURCE: The provisions of this part 5 contained in Dept. Reg. 108.584, 33 F.R. 7078, May 11, 1968, unless otherwise noted. $ 5.1

Introduction. The sections in this part 5 are issued pursuant to section 3 of the Administrative Procedure Act, 5 U.S.C. 552, effective July 4, 1967. $ 5.2

Central and field organization, established places at which, the offi. cers from whom, and the methods whereby the public may secure information, make submittals, or request, or obtain decisions; and statements of the general course and method by which its functions are

channeled and determined. (a) The following statements of the central and field organization of the Department of State and its Foreign Seryice posts are hereby prescribed:

(1) The central organization of the Department of State was issued as Public Notice No. 267, 32 F.R. 8923, June 22, 1967.

(2) The foreign field organization of the Department of State was issued as Public Notice No. 254, 32 F.R. 3712, March 3, 1967.

(3) The domestic field organization of the Department of State was issued as Public Notice No. 268, 32 F.R. 8925, June 22, 1967.

(b) As used in the following sections, the term “Department of State” includes all offices within the Department in Washington, its domestic field offices in the United States, all Foreign Service

posts throughout the world, and U.S. missions to international organizations unless otherwise specified.

(c) Any person desiring information concerning a matter handled by the Department of State, or any person desiring to make a submittal or request in connection with such a matter, should communicate either orally or in writing with the appropriate office. If the office receiving the communication does not have jurisdiction to handle the matter, the communication, if written, will be forwarded to the proper office, or, if oral, the person will be advised how to proceed. When the submittal or request consists of a formal application for one of the documents, privileges, or other benefits provided for in the laws administered by the Department of State, or in the regulations implementing these laws, the instructions on the form as to preparation and place of submission should be followed. In such cases, the provisions of this part referring to the particular regulation concerned should be consulted. § 5.3 Rules of procedure, description of

forms available or the places at which forms may be obtained, and instructions as to the scope and content of

all papers, reports, or examinations. Rules of procedure regarding the following listed matters may be consulted under the corresponding regulations referenced in § 5.4, or obtained upon application to the offices listed below. Forms pertaining to the following listed matters, and instructions relating thereto may also be obtained at the offices indicated below.

Subject matter

Office

Address

Appointment of Foreign Service Board of Examiners for the Department of State, Annex 8, 1900 E Street Officers.

Foreign Service.

NW., Washington, D.C. 20520. Authentication and other services.... Records Services Division... Department of State, Room 1237, 2201 C Street

NW., Washington, D.C. 20520. Claims and stolen property..... Legal Adviser...

Department of State, 2201 C Street NW.,

Washington, D.C. 20520. International educational and cul- Bureau of Educational and Department of State, 2201 C Street NW., tural exchange program.

Cultural Affairs.

Washington, D.C. 20520. International traffic in arms..

Office of Munitions Control. Department of State, Annex f, Room 103, 2121

Pennsylvania Avenue NW., Washington,

D.C. 20520. Nationality and passports... Passport Office.

Department of State, Annex 17, Room 102,

17th and H Streets NW., Washington, D.C.

20524. Protection and welfare of U.S. citi- Office of Special Consular Department of State, 2201 C Street NW., zens, shipping and seamen, and Services,

Washington, D.C. 20520. other consular services abroad. Visa issuance.

Visa Office.

Department of State, Annex 2, 515 22d Street

NW., Washington, D.C. 20520.

§ 5.4 Substantive rules of general appli

cability adopted as authorized by law, and statements of general policy or interpretation of general applicability formulated and adopted by the

agency. (a) The regulations of the Department of State required to be published under the provisions of the Administrative Procedure Act are found in the Code of Federal Regulations and the FEDERAL REGISTER. Any person desiring information with respect to a particular procedure should examine the pertinent regulation cited hereafter.

(b) The following are citations to regulations within the scope of this section.

(1) Acceptance of Gifts and Decorations from Foreign Governments. 22 CFR 3 et seq.

(2) Employee Responsibility and Conduct. 22 CFR 10 et seq. (3) Appointment of

Foreign Service Officers. 22 CFR 11 et seq.

(4) Fees for Services in the United States, fees and Charges, Foreign service. 22 CFR 21 et seq.; 22 CFR 22 et seq.

(5) Claims and Stolen Property. 22 CFR 31 et seq.

(6) Issuance of Visas. 22 CFR 41-42 et seq. (7) Nationality and Passports. 22 CFR 50

et seq.

(8) International Educational and Cultural Exchanges. 22 CFR 61 et seq.

(9) Protection and Welfare of Americans Abroad. 22 CFR 71 et seq.

(10) Shipping and Seamen Abroad. 22 CFR 81 et seq.

(11) Other Consular Services Abroad. 22 CFR 91 et seq.

(12) Economic, Commercial and Civil Air Functions Abroad. 22 CFR 101 et seq.

(13) International Traffic in Arms. 22 CFR 121 et seq.

(14) Certificates of Authentication. 22 CFR 131 et seq.

(15) Civil Rights. 22 CFR 141 et seq.

(16) Department of State Procurement. 41 CFR 6-1 et seq.

(c) These regulations are supplemented from time to time by amendments appearing initially in the FEDERAL REGISTER.

Sec. 6.6 Public reading room. 6.7 Manner of requesting records. 6.8 Schedule of fees and method of payment

for services rendered. 6.9 Access to classified foreign policy records

for nonofficial research purposes. AUTHORITY: The provisions of this Part 6 issued under sec. 4, 63 Stat. 111, as amended, sec. 501, 65 Stat. 290; 22 U.S.C. 2658, 31 U.S.C. 483a, 5 U.S.C. 552, E.O. 10501; 3 CFR, 1949– 1953 Comp.

SOURCE: The provisions of this part 6 contained in Dept. Reg. 108.584, 33 F.R. 7079, May 11, 1968, unless otherwise noted. $ 6.1 Definitions.

As used in this part, the following definitions shall apply:

(a) The term "identifiable” means, in the context of a request for a record, a reasonably specific description of the particular record sought, such as date, format, and subject matter, which will permit its location.

(b) The term "record” includes all books, papers, maps, photographs, or other documentary material, or copies thereof, regardless of physical form or characteristics, made in or received by the Department of State, and preserved as evidence of its organization, functions, policies, decisions, procedures, operations, or other activities. § 6.2 Availability of records.

(a) All identifiable records of the Department of State shall be made available to the public upon compliance with the procedures established in this part, except to the extent a record is determined by the Deputy Legal Advisor for Administration to be exempt from disclosure.

(b) Unclassified information, documents, and forms which have previously been provided to the public as part of the normal services of the Department of State will continue to be made available without regard to the following sections. § 6.3 Availability of statements of pol

icy, interpretations, manuals, instruc

tions. Statements of policy, interpretations, administrative manuals (or portions thereof), opinions, orders, and instructions to staff which affect any member of the public will be made available to the public for inspection and copying in the public reading room, except to the extent they are determined by the Deputy

PART 6-AVAILABILITY OF RECORDS

OF THE DEPARTMENT OF STATE Sec. 6.1 Definitions. 6.2 Availability of records. 6.3 Availability of statements of policy, in

terpretations, manuals, instructions. 6.4 Records which may be exempt from

disclosure. 6.5 Authority to release and certify, or to

withhold records.

« PreviousContinue »