Sec.

PART 131-CERTIFICATES OF

AUTHENTICATION

131.1 Certification of documents.

131.2 Refusal of certification for unlawful

purpose.

AUTHORITY: The provisions of this Part 131 issued under R.S. 203, sec. 1733, 62 Stat. 946, sec. 4, 63 Stat. 111, as amended, secs. 104, 332, 66 Stat. 174, 252; 5 U.S.C. 158, 28 U.S.C. 1733, 5 U.S.C. 151c, 8 U.S.C. 1104, 1443.

SOURCE: The provisions of this Part 131 appear at 22 F.R. 10882, Dec. 27, 1957, unless otherwise noted.

§ 131.1

Certification of documents.

The Authentication Officer or the Acting Authentication Officer may, and is hereby authorized to, sign and issue certificates of authentication under the seal of the Department of State for and in the name of the Secretary of State or the Acting Secretary of State. The form of authentication shall be as follows:

In testimony whereof, I,

Secretary of State have hereunto caused the seal of the Department of State to be affixed and my name subscribed by the Authentication Officer of the said Department, at in day of

this

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(Secretary of State)

§ 131.2 Refusal of certification for unlawful purpose.

(a) The Department will not certify to a document when it has good reason to believe that the certification is desired for an unlawful or improper purpose. It is therefore the duty of the Authentication Officer to examine not only the document which the Department is asked to authenticate, but also the fundamental document to which previous seals or other certifications may have been affixed by other authorities. The Authentication Officer shall request such additional information as may be necessary to establish that the requested authentication will serve the interests of justice and is not contrary to public policy.

(b) In accordance with Public Law 89-63 (79 Stat. 209) approved June 30, 1965, any documents executed for use in connection with, and containing declarations in regard to, restrictive trade practices or boycotts fostered or imposed by foreign countries against countries friendly to the United States shall be considered contrary to public policy for purposes of these regulations. (79 Stat. 209)

[22 F.R. 10882, Dec. 27, 1957, as amended at 30 F.R. 12732, Oct. 6, 1965]

By

(Authentication Officer, Department of State)

AUTHORITY: The provisions of this Part 133 issued under No. 8, 27 Stat. 395, as amended, sec. 612, 60 Stat. 1014, sec. 4, 63 Stat. 111, as amended, sec. 222, 66 Stat. 193; 20 U.S.C. 91, 22 U.S.C. 987, 5 U.S.C. 151c, 18 U.S.C. 1202, E.O. 10501, as amended, 18 F.R. 7049, 3 CFR, 1949-1953 Comp.

SOURCE: The provisions of this Part 133 contained in Department Regulation 108.509, 29 F.R. 7878, June 20, 1964, unless otherwise noted.

§ 133.2 General restrictions on the use of records of the Department, posts abroad, and missions to international organizations in the United States. (a) Personnel security records will be maintained in confidence and will not be transmitted or disclosed, except as authorized and required in the conduct of business.

(b) Records relating to the citizenship of individuals, unsettled claims, Departmental and Foreign Service personnel matters, and the issuance or refusal of visas or permits to enter the United States; intelligence and investigative records; and Foreign Service inspection reports may generally not be used.

(c) Classified records originating in other Federal agencies and furnished the Department of State shall be communicated to a third agency or person only in accordance with applicable security regulations and with the consent of the originating agency.

§ 133.3 Official use of records by other Federal Agencies.

(a) Procedure for handling requests. Requests from other Federal agencies for access to and use of Departmental and post records for official purposes shall generally be received and coordinated by the appropriate liaison or functional office concerned. For example, all requests from congressional committees or individual Members of Congress for documents, regardless of subject matter, shall be referred to the Office of the Assistant Secretary for Congressional Relations; requests for personnel records or information to the Office of Personnel; and security questions to the Office of Security.

(b) Clearance of official studies based on Departmental records. Before publication, official studies based on Departmental records prepared by other Federal agencies are subject to clearance by appropriate offices of the Department in consultation with the Historical Office. § 133.4 Nonofficial use of records for research purposes.

(a) General policy. It is the policy of the Department to make its records available to private individuals and to Government officials engaged in private research as liberally as possible, consistent with the interests of national defense, the maintenance of friendly relations with other nations and the efficient operation of the Department and the Foreign Service.

(b) Three periods with respect to access by nonofficial researchers to the records of the Department and its overseas posts (1) Closed period. The records of the Department are in general closed in advance of the publication of the Department's documentary series entitled "Foreign Relations of the United States". The beginning date of the closed period will be advanced automatically as the annual "Foreign Relations" volumes are released.

(2) Restricted period. The restricted period is the period of ten years behind the closed period. Use of the records in the restricted period shall be confinea to qualified researchers demonstra. ng a scholarly or professional need for the information contained in such records.