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reference "section 24 of Part II", by E.O.

8297, Dec. 4, 1939; 4 F.R. 4781. For Part 101,

see E.O. 8396, Apr. 18, 1940; 5 F.R. 1461.

§ 105.33 Miscellaneous employees. Miscellaneous employees of the Foreign Service receive compensation at the rates fixed by the Department of State in accordance with the provisions of the current appropriation act.*†

§ 105.34 Consular agents. (For compensation of consular agents see § 105.22 and notes.) *†

§ 105.35 Vice consuls not of career receiving no compensation as clerks. Vice consuls not of career, receiving no compensation as clerks, are entitled to compensation only while actually in charge at the rate of one-half the salary of the last principal consular officer in charge. (43 Stat. 1016) (See § 105.37.) *†

§ 105.36 Salaries and allowances of deceased or incompetent officers and employees. (a) When officers or employees die or become incompetent and there is any unpaid salary, allowance, or other amount due them, claim must be made therefor on forms specially prescribed for that purpose.

(b) Amounts due the deceased person are a part of the estate of the decedent, and officers will not make any payment

therefrom.

(c) When an officer or employee dies his salary or compensation ceases at the close of business on the date of death.*+

§ 105.37 Allowance for assuming charge of office. (a) For such time as any Foreign Service officer is lawfully authorized to act as chargé d'affaires ad interim or to assume charge of a consulate general or consulate during the absence of the principal officer at the post to which he shall have been assigned, he shall, if his salary is less than one-half that of such principal officer, receive in addition to his salary as Foreign Service officer, compensation equal to the difference between such salary and one-half of the salary provided by law for the ambassador, minister, or principal consular officer, as the case may be. U.S.C. 20)

(22

(b) Vice consuls while in charge of a consulate general or consulate during the absence of the principal officer are entitled to additional compensation in the same manner and under the same conditions as Foreign Service officers. Stat. 1016) *†

(43

§ 105.38 Allowance to widow or heirs of deceased officer. Whenever any dip

lomatic or consular officer of the United

States dies in a foreign country in the discharge of his duty, there shall be paid to his widow, or, if no widow survive him, then to his heirs at law, a sum of money equal to the allowance made to such officer for the time necessarily occupied in making the transit from his post of duty to his residence in the United States. (22 U.S.C. 130) *†

§ 105.39 Allowance for living quarters, heat, fuel, and light. Subject to the Regulations Governing the Occupation, Preservation, and Maintenance of Government-Owned Foreign Service Properties prescribed by the Secretary of State under the authority of § 104.8, and the Standardized Regulations to Govern Allowances for Living Quarters, Heat, Fuel, and Light for Civilian Officers and Employees of the Government Stationed in Foreign Countries, issued by the Director of the Bureau of the Budget, and regulations issued thereunder by the Secretary of State, there may be furnished without cost to officers and employees in the Foreign Service living quarters, including heat, fuel, light, and household equip

ment in Government-owned or rented

buildings, at places where, in the judgment of the Secretary of State, it is in the public interest to do so, and where such quarters are not available officers and employees who are citizens of the United States may be granted an allowance for living quarters including heat, fuel, and light. Such rented quarters or allowances in lieu thereof may be furnished only within the limits of the appropriations made therefor. (5 U.S.C. 118a, 22 U.S.C. 291) * [E.O. 7968, Sept. 3, 1938, as amended by E.O. 8297, Dec. 4, 1939; 3 F.R. 2191, 4 F.R. 47811

stituting the words "Subject to the RegulaNOTE: This section was amended by subtions Governing the Occupation, Preservation, and Maintenance of GovernmentOwned Foreign Service Properties prescribed by the Secretary of State under the authority of 104.8" for the words "Subject to the provisions of the Regulations Governing the Occupation and Maintenance of by Executive Order No. 5624 of May 15, 1931, Certain Foreign Service Quarters prescribed

as amended", by E.O. 8297, Dec. 4, 1939; 4 F.R. 4781.

§ 105.40 Representation and cost of living (post) allowances. Within the limitations of such appropriations as may

(2) No money shall be paid to any person for his compensation who is in arrears to the United States, until he has accounted for and paid into the Treasury all sums for which he may be liable. (5 U.S.C. 82)

be made therefor, ambassadors, minis- | In neither case will compensation be ters, diplomatic, consular, and Foreign allowed for the time occupied in the Service officers may be granted allow- transit to the United States. (22 U.S.C. ances for representation, and also post 1, 121; 9 Op. Atty. Gen. 89, 92) allowances wherever the cost of living may be proportionately so high that in the opinion of the Secretary of State such allowances are necessary to enable such diplomatic, consular, and Foreign Service officers to carry on their work efficiently. All such allowances shall be accounted for to the Secretary of State in such manner and under such rules and regulations as the President may prescribe; and the authorization and approval of such expenditures by the Secretary of State, as complying with such rules and regulations, shall be binding upon all officers of the Government. (22 U.S.C. 12) *† § 105.41 Losses due to appreciation of foreign currency. Pursuant to authority granted by 5 U.S.C. 118c, and in accordance with regulations issued thereunder, (c) Excess travel time. No Foreign payments may be made from appropria-Service officer or employee traveling untions to meet losses sustained on and der orders or on leave with permission after July 1, 1933, by officers, enlisted to visit the United States is entitled to men, and employees of the United States while in service in any foreign countries due to appreciation of foreign currencies in their relation to the American dollar.*†

(3) There shall be no withholding or confiscation of the earned pay, salary, or emolument of any civil employee of the United States removed for cause: Provided, That if at the time of such removal any such employee is indebted to the United States, any salary, pay, or emolument accruing to such employee coming within the provisions of this section shall be applied in whole or in part to the satisfaction of any claim or indebtedness due to the United States. (5 U.S.C. 46a)

salary in transit for any time in excess of that actually and necessarily occupied in proceeding by direct route and generally adopted method of transport from his post to his place of residence or destiPAYMENT OF SALARIES AND ALLOWANCES nation in the United States, or vice versa, and such time as may be necessarily oc§ 105.42 Limitations regarding pay-cupied in awaiting sailing, except when ment. In the payment of compensation complying with specific orders issued by the following directions are to be ob- the Department of State (§ 104.11). (22 served. U.S.C. 17a)

(a) Absence from post. (1) No officer or employee of the Foreign Service shall receive salary for the time during which he is absent from his post, by leave or otherwise, in excess of periods of absence which are authorized by law to be taken with pay. (See 104.11.) (22 U.S.C. 17, 17a, 124)

(d) Resignation in the United States. The right to compensation of an officer or employee of the Foreign Service who resigns while in the United States on leave of absence terminates with the effective date of the acceptance of the resignation, or the lapse of his statutory leave, whichever occurs first.

(e) Extra compensation prohibited. Except as otherwise provided by statute the compensation allowed by law to the various diplomatic and consular officers shall be in full for all the services rendered and personal expenses incurred by the persons respectively for whom such compensation is provided, of whatever kind such services or personal expenses may be, or by whatever treaty, law, or instructions they are required; and no al

(b) Recall for malfeasance. (1) No officer of the Foreign Service shall be entitled to compensation in case he is recalled for malfeasance except to the date of the delivery of the notification of recall at the office to which he was last attached or, in the event of his absence therefrom, its delivery at his last known address; or if the officer resigns in anticipation of such recall, he is entitled to compensation only to the date of the acceptance of such resignation. lowance, other than such as is so pro

vided, shall be made in any case for the | and employees of the Foreign Service outfit or return home of any such officer who have died or may die abroad or in or person. (22 U.S.C. 125)

transit while in the discharge of their official duties.

(f) Allotment of pay by civilian personnel stationed abroad. As provided by Emergency travel: Whenever travel the Act approved May 14, 1937 (50 Stat. has been performed and expense in166; 5 U.S.C., Sup., 75c), and in accord-curred on account of an emergency, or without prior authority, the travel ance with the provisions of regulations voucher must be approved by the head issued by the Secretary of State, civilian of the Department or independent estabofficers and employees who are assigned lishment, or by an official designated by for duty outside the continental limits of him for this purpose, and such approval the United States may make allotments, shall constitute the authority for the in whole or in part, from their pay for travel. All vouchers submitted on acthe support of their families or relatives, count of such travel must contain a for their own savings, or for other similar satisfactory statement of the facts conpurposes.* [E.O. 7968, Sept. 3, 1938, as stituting the necessity therefor. (Standamended by E.O. 8297, Dec. 4, 1939; 3 ardized Government Travel Regulations, F.R. 2191, 4 F.R. 4781] approved January 30, 1934, and December 10, 1935, paragraph 7.) *‡

§ 105.45 Expenditures for other de

NOTE: This section was amended by substituting the reference "§ 104.11" for "secs. 465-474 Part II" at the end of paragraph (a), and for "sec. 467 Part II" at the end of para-partments. In case an account is opened graph (c), by E.O. 8297, Dec. 4, 1939; 4 FR. 4781.

§ 105.43 Preparation of pay roll. (a) Vouchers shall be prepared showing the Christian name in full, initial, if any, and surname, on the forms prescribed. The detailed information required by the forms and otherwise, shall be inserted before certification for payment.

(b) The officer who renders the accounts of the office is required to pay the salaries and allowances of all officers and employees of the Foreign Service of the Department of State assigned or detailed to the office.**

§ 105.44 Expenses allowable for transportation, per diem, and shipment of effects. Officers and employees of the Foreign Service and other properly authorized persons traveling at Government expense, upon receipt of travel orders shall be allowed expenses in accordance with the Standardized Government Travel Regulations and regulations prescribed by the Secretary of State, as follows:

(a) Their actual and necessary transportation expenses and per diem.

by request of any department or establishment of the Government under instructions of the Secretary of State, that account will be rendered in accordance with the instructions received and unless otherwise instructed the amounts so received or disbursed shall be included in the regular accounts of the office.*† PREPARATION AND RENDITION OF ACCOUNTS

§ 105.46 Accounts stated in the currency of the United States. All accounts (except those covering special deposits in foreign currencies) must be stated in the currency of the United States.

Satisfactory evidence must accompany the accounts as to the correct rates for conversion into the currency of the United States of all foreign currencies involved in transactions set forth in the accounts. Such evidence may consist of a certificate of a responsible banker or of a diplomatic or consular officer himself based on authentic quotations.*† ACCOUNTS RENDERED DIRECT TO DEPARTMENT OF STATE

§ 105.47 Account current required for every account. All transactions of of

(b) Transportation expenses and per ficers, without regard to where they may

diem of their families.

be located, or for whatever period, for (c) Expenses of packing and trans- which an accounting is required to be portation of their effects. made direct to the Department of State, (d) Expenses for the preparation and shall be stated on an account current transportation of the remains of officers | form in accordance with the instructions

issued by the Secretary of State. (See sponsible therefor to the United States. § 105.50.) *†

§ 105.48 Cash accounts. Every account shall be supported by evidence of proper accounting for all receipts and payments in United States currency and in the various foreign currencies in the manner and on the forms prescribed for that purpose by the Secretary of State.*† ACCOUNTS FROM OFFICES WITHIN FISCAL DISTRICTS

§ 105.49 Establishment of fiscal districts and creation of district accounting and disbursing offices to exercise control over the accounting and disbursing work of the Foreign Service posts located therein. The Secretary of State is hereby authorized, whenever the necessity for such offices with a view to effecting economies in accounting procedure is apparent, to prescribe certain fiscal districts or areas and to establish within each such district as a part of the Department of State service, a district accounting and disbursing office to exercise control over the accounts of all diplomatic missions and consular offices within the district in such manner as the Secretary of State may direct. To each such office may be assigned the administrative accounting responsibility for receipts and expenditures of the diplomatic missions and consular offices within the district. Each district office shall be in charge of an accountable officer, to whom all fees, and other official moneys, received by any diplomatic, consular, or Foreign Service officer may be accounted for, under such rules and regulations as may be prescribed by the Secretary of State, all such fees and moneys, or the residue thereof after the payment of salaries, allowances, and current expenses of the diplomatic missions and consular offices within the district, to be paid by the district accounting and disbursing officer into the Treasury of the United States. Such district accounting and disbursing officer accountable for public moneys may entrust moneys to other bonded officers for the purpose of having them make disbursements as his agent; and the officer to whom the moneys are entrusted, as well as the officer who entrusts the moneys to him, shall be held pecuniarily re

All diplomatic, consular, or Foreign Service officers on duty within the area covered by such district offices may be required to render accounts of their disbursements to the officer in charge of such district office to be included in his accounts. Said district accounting and disbursing officers and their agents shall be bonded respectively to the United States for the faithful performance of their duties in such penal amounts as the Secretary of State may require. (22 U.S.C. 23k) *†

§ 105.50 General accounts required within the jurisdiction of a district accounting and disbursing office. Diplomatic, consular, or Foreign Service officers on duty within the area covered by a district accounting and disbursing office will forward to such district office, rather than to the Department of State, such accounts as the Secretary of State may prescribe. No accounts will be required of such diplomatic, consular, or Foreign Service officers with respect to such of their fiscal transactions as the Secretary of State may from time to time establish, by appropriate instructions, as exclusive or primary functions of such district offices.*†

§ 105.51 Payments and disbursements made by district accounting and disbursing offices. District accounting and disbursing offices shall pay, by checks for American currency drawn on the Treasurer of the United States, and in accordance with instructions issued by the Secretary of State, the salaries and allowances for personal services due to all diplomatic, consular, or Foreign Service officers and employees stationed at the Foreign Service posts within the jurisdiction of the respective district offices, except employees paid in foreign currency; and any other official expenses the same manner when so directed by of Foreign Service posts may be paid in the Secretary of State.**

§ 105.52 Accounting regulations; when applicable. (a) All regulations and instructions pertaining to the accounts of officers of the Foreign Service will be binding upon officers stationed within the district of any Foreign Service district accounting and disbursing office except

as modified by the regulations in this part | consul will be paid unless the prescribed or by instructions issued with respect bond has been filed with and approved thereto by the Secretary of State. by the Secretary of the Treasury.

(b) Regulations and instructions regarding fiscal districts shall not be applicable to officers located outside such fiscal districts.*†

SPECIAL DISBURSING OFFICERS

§ 105.53 Special disbursing officers. Special disbursing officers shall render accounts for the periods required by the regulations in this part in the manner and on such forms as the Secretary of State shall prescribe. All regulations and instructions pertaining to accounts rendered by officers who are not stationed within a fiscal district shall apply to all accounts rendered by special disbursing officers except as modified by the regulations in this part or by instructions issued by the Secretary of State.*†

DRAFTS AND TREASURY CHECKS

§ 105.54 Drafts. (a) Ambassadors, ministers, Foreign Service officers, vice consuls not of career, or special disbursing officers if specifically authorized and no others may draw drafts:

(1) When the post to which the officer is assigned is not within a fiscal district. (2) When such an officer is specifically directed by the Secretary of State to draw separate drafts and render separate accounts therefor. Strict compliance with such instructions is enjoined.

(3) When stationed within fiscal districts, for salaries and expenses in accordance with the regulations in this part or as modified by pertinent instructions, only in cases of emergency, or under the provisions set forth in subparagraph (2), except that an officer who draws and negotiates drafts on account of traveling expenses or for transporting his effects prior to arrival at his post within such fiscal district, may draw for the balance due on such account, and he must render an account therefor to the Department of State in the required manner.

(b) When a vice consul not of career assumes charge of a consulate, he should promptly notify the Secretary of State in order that any drafts drawn by him may be duly paid. No drafts of the vice

(c) The Secretary of State when he deems it necessary may authorize the payment of salaries and allowances by separate drafts drawn on the Secretary of State to the order of employees. Drafts for other expenses will be drawn in such manner as the Secretary of State may direct consistent with law.

(d) How drawn. Drafts shall be drawn in the currency of the United States on the Secretary of State, at 5 days sight, unless instructed otherwise by the Secretary of State, acceptance waived and endorsements by procuration excepted. They should be made on the prescribed form in the handwriting of the officer, and should bear on the margin the appropriations and fiscal years to which the amounts are chargeable. One draft should ordinarily cover all funds necessary at the time and the amount should not exceed contemplated requirements for disbursements during the accounting period. Drafts drawn at posts should bear the impression seal of the office. No draft shall be post dated.

(e) Issuance of two copies. Two copies of drafts may be issued in all cases where it is requested by the individual or institution cashing the original. This should be done by striking out, on the official forms, the wording "Sole of Exchange" and inserting, with pen or typewriter on one copy "First of Exchange" and on the other copy, "Second of Exchange." Such drafts should not be marked "Original" and "Duplicate."

(f) Numbering drafts. Each officer should number his drafts in a separate series, beginning with number one on the first draft drawn by him and by continuing the series of numbers during his period of service, without reference to post or position. Each officer should begin a series of numbers at once unless he has an established series.

(g) Negotiating drafts. In negotiating drafts it is the duty of the officer to dispose of them at the most favorable rates obtainable, and to support the sale of the draft with an exchange voucher (Form No. 92) regardless of the kind of currency received therefor.

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