ACS - Non-Emergency, Nov 06

National Foreign Affairs Training Center Foreign Service Institute Consular Training Division PC-530 SELF-INSTRUCTIONAL GUIDE
Introduction to American Citizen Services Non-Emergency Services

FOR TRAINING USE ONLY NOT A DEPARTMENT OF STATE POLICY DOCUMENT
Updated November 2006
Table of Contents
PART I: INTRODUCTION TO AMERICAN CITIZEN SERVICES .................................................................... 1 Introduction ........................................................................................................................................ 1 Chapter 1 Important Concepts in ACS Work .................................................................................... 2 Overview ............................................................................................................................................ 2 ACS Work is Different ....................................................................................................................... 3 Elements of Success ........................................................................................................................... 4 Chapter 2 Basic Reference Materials................................................................................................... 6 Overview ............................................................................................................................................ 6 Foreign Affairs Manuals, Handbooks ................................................................................................ 7 Other Sources of ACS Information .................................................................................................. 11 Chapter 3 Everyone Does ACS Work................................................................................................ 12 Overview .......................................................................................................................................... 13 Duty Officers .................................................................................................................................... 14 Consular Agents ............................................................................................................................... 16 PART II: NON-EMERGENCY SERVICES .................................................................................................... 17 Introduction ...................................................................................................................................... 17 Chapter 1 Information Clearinghouse............................................................................................... 18 Overview .......................................................................................................................................... 18 Registration....................................................................................................................................... 20 Travel Information............................................................................................................................ 21 Voting ............................................................................................................................................... 23 Taxes ................................................................................................................................................ 24 Referral Lists .................................................................................................................................... 25 Other Information............................................................................................................................. 26 Chapter 2 Notarial and Documentary Services ................................................................................ 27 Overview .......................................................................................................................................... 27 General Notarial Procedures and Policies ........................................................................................ 29 Notarial Services Affidavits .......................................................................................................... 31 Notarial Services Acknowledgments............................................................................................. 32 Notarial Services Authentications ................................................................................................. 33 Notarial Services Certification of True Copy................................................................................ 34 Limitations on Notarial Services ...................................................................................................... 35 Study Exercise: Notarials ................................................................................................................. 36 Chapter 3 Federal Benefits ................................................................................................................. 41 Overview .......................................................................................................................................... 41 Social Security Administration (SSA).............................................................................................. 43 Veterans Affairs Administration (VA) ............................................................................................. 46 Services for Other Federal Agencies ................................................................................................ 49 Study Exercises: Federal Benefits .................................................................................................... 50 Chapter 4 Trade and Property Matters ............................................................................................ 55 Overview .......................................................................................................................................... 55 General Guidelines ........................................................................................................................... 57 Minor Trade Complaints, Contract Compliance Questions ............................................................. 58
Introduction to ACS
Lost or Stolen Items, Safeguarding Property.................................................................................... 59 Customs, Currency and Bribery ....................................................................................................... 61 Study Exercises: Property Matters ................................................................................................... 63 Chapter 5 Judicial Assistance............................................................................................................. 68 Overview .......................................................................................................................................... 68 Depositions, Other Testimony.......................................................................................................... 69 Serving Process ................................................................................................................................ 71 Extradition ........................................................................................................................................ 72 Chapter 6 Review Cases ...................................................................................................................... 73 Review Cases.................................................................................................................................... 74 Answers to Review Cases ................................................................................................................ 79
Introduction to ACS
Part I: Introduction to American Citizen Services Introduction
Historically, the first diplomatic representatives were sent overseas to protect their citizens. This emphasis on service for citizens abroad continues today as Secretary Rice recently commented, Protecting citizens is the first and oldest duty of any government. 1 This self-instructional guide (SIG) is designed to give you a basic understanding of the types of services provided to American citizens (Amcits) overseas. It introduces you to basic concepts necessary to American Citizen Services (ACS) work and Non-Emergency Services including Notarial Services, Federal Benefits and Trade and Property Matters. Subsequent SIGs discuss Emergency Services, Death and Estates, and Crisis Preparation and Planning. ACS units overseas also provide passport and nationality services, which you have covered in a previous course segment, as well as services for U.S. seamen and vessels. However, cases involving seamens services are now quite rare, and therefore will not be covered in these materials or on your exam. In the following introduction (Part I) we address basic concepts required to successfully provide the full range of ACS, as well as the reference materials required for proper handling of ACS inquiries. Other chapters stress the importance of understanding how ACS work is different from other consular services we provide, how to handle Congressional inquiries on ACS cases and how to report properly on the work consular officers do. Being able to handle appropriately ACS cases is important for every member of the mission since nearly everyone will be a duty officer several times during their tour. This introduction will also discuss duty officers and consular agents ACS-related responsibilities.
Topics Covered
The following chapters are included in the Introduction to ACS SIG: Topic Important Concepts in ACS Work Basic Reference Materials Everyone Does ACS Work See Page 2 6 13
Transcript: Secretary of State Rice's Remarks Prior to Departing for European Trip, Washington Post, December 5, 2005
Introduction to ACS
Chapter 1 Important Concepts in ACS Work Overview
Introduction
ACS work differs considerably from other consular work. Good judgment, an extensive network of contacts, proficient problem-solving, and excellent interpersonal skills are essential in ACS work. Consular officers must carefully adhere to reporting requirements for ACS work, and should strive to cultivate good public and Congressional relations.
Objectives
When you have completed this portion of the study guide, you should be able to: Describe the attributes and strategies required to successfully handle ACS cases; Know when and how to report on ACS cases; Maximize available consular resources; Appropriately respond to Congressional and other inquiries on ACS cases.
References
The following reference materials cover key concepts in ACS work: 7 FAM 112 113 114 116 117
Authority to Perform Emergency and Protective Services Service to the Public Congressional Relations Local Resources Duty Officer Instructions
Topics Covered
The following topics are covered in this chapter: Topic ACS Work is Different Elements of Success See Page 3 4
Introduction to ACS
ACS Work is Different
Importance 7 FAM 011 7 FAM 111
One of the principal functions of the U.S. consular officer has been the protection of U.S. citizens abroad. Protecting Americans in his or her consular district is a chief of missions top priority, and all mission staff may be called upon to assist in performing ACS duties if necessary (particularly in an emergency). In the absence of sufficient staff or other resources, visa work may be curtailed if required to deal with ACS cases. In the event that post draws down or evacuates, ACS officers will be among the very last individuals remaining at post.
Customer Service 7 FAM 113
Being courteous and responsive to consular clients is always important, but with ACS services, it is absolutely crucial. All U.S. citizens and nationals are entitled to personal contact with a consular officer, resulting in prompt, considerate, and sympathetic service with as little red tape as possible, consistent with established procedures and regulations. Treat each inquiry seriously, regardless of merit and the manner in which it is presented. When you are unable to provide what the U.S. citizen requests, a sympathetic no, combined with an explanation of the reasons for that decision and suggestions for alternative solutions is much more appropriate than an abrupt, although efficient and correct, refusal. Remember that even if you cannot orchestrate all that an American might wish to happen in a given situation, you CAN help every American who visits your ACS unit by: Providing accurate information; Referring them to others for assistance; Helping citizens help themselves; Simply by listening sympathetically; or Providing any other consular services.
Introduction to ACS
Elements of Success
Network of Contacts 7 FAM 030
U.S. citizens overseas are subject to the jurisdiction of the country in which they are traveling or residing. Consular officers have no authority to waive local laws or procedures, and in fact cannot assist or advise others to take actions violating or undermining local laws. That said, much of our ability to assist Amcits arises from our knowledge of local laws and procedures, which in turn comes from close, personal relations with local authorities in various fields, as well as individuals working for private organizations. Good ACS officers endeavor to know their counterparts in various government ministries and other consular missions, meet many of the U.S. citizens in their district, and become familiar with key individuals in areas frequented by American tourists. They cultivate good working relationships with local hotels, charitable organizations, police, medical personnel, prison officials, immigration authorities, funeral parlor directors, professional associations, coroners, airline representatives, tourist agencies, etc. You can respond knowledgeably to a U.S. citizens questions and request for services, quickly obtain guidance from appropriate authorities in case of an unfamiliar situation, and better ensure fair treatment for Americans in your consular district, by cultivating a good network of contacts. Be sure to include your chief contacts on the guest lists for embassy or consulate events. The consular section should use its representational funds to maintain relationships with such vital individuals and institutions. FSNs can be an invaluable aid in acquiring new contacts and nurturing existing ones.
Judgment, Flexibility
When a U.S. citizen travels or resides overseas and encounters some type of difficulty or problem, you can imagine the desire for helpful, professional and solution-oriented suggestions from the ACS unit to address his/her individual situation. The reference materials discussed in Chapter 2 of this introduction establish a frame of reference for a consular officers approach to problems encountered by U.S. citizens. However, you must use common sense and creativity to determine how to apply these guidelines in a way most likely to resolve the problems a U.S. citizen is facing. Four good rules to keep in mind are: You cannot act as the U.S. citizens legal or fiduciary agent or represent them in private matters. You cannot commit USG resources unless you have the specific authority to do so. (See Chapter 6, Destitution, Emergency Services SIG.) You cannot do (or condone others doing) anything contrary to U.S. or local law. You cannot decline to perform an emergency consular service because to perform such a service would be a personal inconvenience. Working within the boundaries of these rules and the available consular resources at your post, you must try to help every U.S. citizen appearing in your ACS unit.
Continued on next page
Introduction to ACS
Elements of Success, Continued
Reporting, Documentation
Good documentation on individual ACS cases is extremely important. Complete case records not only permit other officers to take over action on a case if you are called away or leave post for another assignment, but also facilitate better reporting to the Department. Reports to the Department are required for almost all emergency services, for all death cases, and for some judicial assistance matters. Careful attention to 7 FAM or cable instructions on how to format such reporting (subject, slug lines, e.g. CA/OCS for John Smith, etc.) ensures that reports are received and responded to appropriately. Many recipients of reports in Washington do not regularly access classified information, so posts are urged to send in unclassified reports whenever possible. You must not include derogatory judgments or inappropriate comments in your reporting. The officers notes may be released to an individual pursuant to his/her Freedom of Information Act request and such comments may serve to embarrass and/or discredit both the Department and the officer.
Good Congressional Relations 7 FAM 114
Most congressional staffers assume the role of an interested party, rather than an unquestioning advocate for their constituent. Therefore, congressional inquiries provide an opportunity for post and the Department to demonstrate our commitment to protecting the interests of Americans abroad. Your timely and courteous response will serve not only to assist the congressional staffer in addressing the constituents inquiry but also to educate him or her about your various duties. Inquiries from Congressional offices about ACS cases require a prompt response within three working days if at all possible - by phone, e-mail or fax (99 State 3793). Responses should provide sufficient detail for the correspondent to understand what happened and what, if anything, has been or may be done to remedy the problem. Do not include any personal opinions, sensitive or classified information, or comments and observations not appropriate for sharing with the Congressional offices constituent. (See also Chapter 1, Privacy Act, Emergency Services SIG.)
Introduction to ACS
Chapter 2 Basic Reference Materials Overview
Introduction
There are several key sources of information on providing services to American citizens overseas. Foreign Affairs Manuals and Handbooks (FAM, FAH), updated policy guidance cables, the intranet and other resources at post are all helpful in handling ACS cases and responding to ACS inquiries.
Objectives
When you have completed this portion of the study guide, you should be able to: Identify sources for the most recent guidance on procedures and policies for specific ACS work; Use the Intranet to navigate the FAM and access resources on the CA homepage; Correctly identify the responsibilities of individual CA offices providing support for ACS units overseas.
References
The following references can be used in ACS work: 7 FAM Other Foreign Affairs Manual volumes CA Intranet (legacy site: intranet.ca.state.gov; beta site: http://intranet.ca.state.gov/beta) CA public internet site (www.travel.state.gov)
Topics Covered
The following topics are covered in this chapter: Topic Foreign Affairs Manuals, Handbooks Other Sources of ACS Information See Page 7 11
Introduction to ACS
Foreign Affairs Manuals, Handbooks
7 FAM
Volume 7 of the FAM is the primary reference guide for ACS work. Post should be using the Intranet version of the 7 FAM. An index of key sections follows: 07 FAM 000 010 020 030 040 050 060 070 080 Consular Protection of Nationals Introduction Authorities Good Offices and Demarches Consular Registration of U.S. Citizens and Non-Citizen Nationals Consular Information Program, Warden Messages, and the No Double Standard Policy Privacy Act and American Citizens Services Warden Systems Dual Nationality
090 Consular Districts, Consular Titles and Diplomatic and Consular Seals 7 FAM 100 Welfare and Whereabouts of U.S. Nationals Abroad 110 Introduction 120 Emergency Family Messages 130 Overdue Arrival 140 Consular visits in Welfare and Whereabouts Cases 150 Missing Persons 160 Family Abuse Situations 170 Reporting on American Community Groups Abroad 180 Refuge: Temporary Emergency Protection of Private U.S. Nationals 190 Deserters, Stragglers, and Fugitives From Justice 7 FAM 200 Death and Personal Estates of U.S. Citizens Abroad 210 Consular Role Upon Learning of the Death of U.S. Citizens Abroad 220 Notification and Reporting of Death Abroad 230 Official Report of Death of a U.S. Citizen Abroad 240 Disposition of Remains 250 Disposition of Remains Report 260 Personal Estates of Deceased U.S. Citizens 7 FAM 300 Emergency Financial and Medical Assistance for U.S. Citizens Abroad 310 Introduction 320 General Financial Issues and Information 330 Health and Medical Issues and Information Program, InterAgency Coordination, and Lists of Medical Resources 340 Mental Illness and Other Cases of Citizens Lacking Full Mental Capacity
Introduction to ACS
Foreign Affairs Manuals, Handbooks, Continued

7 FAM (continued) 350 Medical Assistance 360 Medical Evacuation 380 Emergency Medical, Dietary, and Temporary Assistance Loans to Non-Incarcerated U.S. Citizens Abroad (EMDA II) 390 Reception and Resettlement in the United States for Destitute, Mentally and Physically Ill U.S. Nationals and Dependents 300 Appendix Repatriation Loans A 7 FAM 400 Arrest of U.S. Citizens 410 Introduction 420 Notification and Access 430 Pretrial Confinement 440 Consular Arrest Emergency Medical/Dietary Assistance Program 450 Trials 460 Prolonged Imprisonment 470 Special Arrest Cases 480 International Prisoner Transfer Program 490 Post-Confinement and Release Issues 7 FAM 500 Federal Benefits for Individuals Abroad and Services for Other Federal Agencies 510 Introduction 520 Department of the Treasury 530 Social Security Administration 540 Department of Veterans Affairs 550 Selective Service System 560 Department of Labor 570 Railroad Retirement Board 580 Office of Personnel Management 590 Managing a Federal Benefits Unit 7 FAM 600 Protection of Property and Personal Estates Abroad of U.S. Citizens 610 Introduction 620 Accepting Private Property for Safekeeping 630 Tourist and Trade Complaints 640 Customs Disputes 650 Vehicle, Vessel and Aircraft Seizure, and Theft Claims 660 Real Property Inquiries 670 Assistance to Citizens Involved in Commercial, Investment and Other Business Related Disputes 680 Cultural Objects 690 Intellectual Property 7 FAM 800 Notarial Services Abroad 810 Introduction 820 Authorities 830 Notarial Acts in General
Introduction to ACS

7 FAM (continued) 840 Acknowledgments and Attestation of Witness to Acknowledgment of Execution of an Instrument 850 860 870 880 890 7 FAM 900 910 920 930 940 950 960 970 980 990 7 FAM 1400 1410 1420 1430 1440 1450 1400 Appendix E 1400 Appendix F 7 FAM 1500 1510 1520 1530 1540 1550 1560 7 FAM 1600 1610 1620 1630 1640 7 FAM 1700 1710 Taking an Affidavit Certification of True Copies of Documents Authentication of Documents Federal and State Agency Documents Unusual Notarial Requests International Judicial Assistance Introduction and Authorities Taking Voluntary Depositions of Willing Witnesses Compulsion of Evidence Travel of Witnesses and Government Officials Service of Process Criminal Matters, Requests from Foreign Tribunals, and Other Special Issues Suits Against the U.S. Government and/or U.S. Government Employees Subpoena of Consular Officers or Consular Records Lists of Attorneys and Legal Resources Documentation of Major Life Events Introduction Place of Birth, Death, Marriage and, Divorce Drivers Licenses Consular Report of Birth Abroad of a U.S. Citizen Marriage of U.S. Citizen Abroad Registration and Other Services Miscellaneous Applications, Certificates, and Other Forms Federal Voting Assistance Program Introduction Voting Forms and Supplies Voting Action Plan Basic Absentee Voting Process Post Election Reporting Political Activities and Overseas Voting Program Guide The Consular Role in International Extradition Introduction Extradition of Fugitives to the United States Extradition of Fugitives from the United States Other Extradition Matters Childrens Issues International Parental Child Abduction
Introduction to ACS
7 FAM (continued) 1720 1730 1740 1750 1760 1770 1780 1790 7 FAM 1900 1910 1920 1930 1940 1950 1960 1970 Child Abuse or Neglect Child Exploitation Forced Marriage of Minors International Child Support Enforcement Runaways, Abandoned Children, and other Unaccompanied Minors Return of Children Behavior Modification Facilities International Adoption Crime Victim Assistance Introduction Consular Officers Authority and Responsibility to Victims of Serious Crimes General Guidelines for Assisting Victims of Crimes Reporting Crime Victim Cases Crime Victims Rights Crime Victim Assistance, Compensation Programs and Resources Information Resources and Outreach
Other FAM/FAH
Consular officers should also be familiar with 12 FAH-1, the Emergency Planning Handbook (available electronically through the Department of State intranet home page). In addition, 2 FAM 115.3-1 provides instruction to posts on the post duty handbook. The chief of the consular section is responsible for ensuring that guidelines and contact information on consular matters remain updated and useful and that duty officers are trained to handle consular inquiries based on the duty book guidelines.
10
Introduction to ACS
Other Sources of ACS Information
Policy Guidance
ACS work is continuously evolving, with new guidance issued often. The Policy Review and Interagency Liaison division of the Overseas Citizen Services Office (CA/OCS/PRI) is responsible for providing policy guidance on larger issues, as well as advisory opinions on legal issues in individual cases.
Intranet
One of the best sources of up-to-date information and guidance on ACS issues is the Consular Affairs homepage (beta) (or the legacy homepage) on the Intranet. Under the blue ACS and Crisis Management tabs you can find updated information on signatories to pertinent international agreements, texts for general information pamphlets and descriptions of the types of services consular officers provide. The Intranet site also provides texts of recent cables to the field, ACS systems guidance and an access point for newsgroups on various types of consular work. You can access useful information for dealing with emergencies through the Crisis Management page.
Consular Affairs (CA)
It is important to remember that your colleagues in the Bureau of Consular Affairs are excellent sources of information. A Whos Who in CA cable is sent to posts overseas regularly, and may also be accessed on the CA Intranet homepage. Within CA, the Office of Overseas Citizen Services handles all ACS issues. It is divided into three divisions: American Citizen Services (OCS/ACS), Childrens Issues (OCS/CI) and Policy Review and Interagency Liaison (OCS/PRI). OCS/ACS country officers provide guidance and support on specific ACS cases, interact with inquirers in the U.S., and approve loan requests. OCS/CI handles child custody, international child abduction and international adoption issues. OCS/PRI provides policy guidance and issue-specific information (crime victims assistance, federal benefits, Privacy Act, acquisition and loss of U.S. nationality and other issues related to treaties, law, regulation, legislation and litigation etc.). Contact PRI at ASKPRI@state.gov.
If you will be doing ACS work regularly, you should arrange appropriate consultations with contacts in OCS/ACS and OCS/CI.
Introduction to ACS
11
Other Sources of ACS Information, Continued

____________________________________________________________________ Other Resources In addition to policy guidance cables and the resources available on the Intranet, ACS officers also use The Martindale-Hubbell Law Directory, the Crime Victim Assistance Resource Notebook, various Internet sites for other agencies and offices such as the Social Security Administration (SSA), the Internal Revenue Service (IRS), and the DOD Voting Assistance Guide etc. to carry out their responsibilities.
12
Introduction to ACS
Chapter 3 Everyone Does ACS Work Overview
Introduction
While the ACS unit performs the great majority of ACS services at the Embassy or post, other individuals also assist with ACS cases. All mission personnel may be called upon to help American citizens during a crisis, and most officers at post will serve as duty officers several times during their tour overseas. Both duty officers and consular agents primary responsibilities include assisting American citizens overseas.
Objectives
When you have completed this portion of the study guide, you should be able to: Identify duty officers ACS-related responsibilities and the criteria to be used to determine whether their services are required; Discuss the role of consular agents in ACS work.
References
The following reference materials cover duty officers and consular agents: 7 FAM 117 2 FAM 115.3 113.11 CA Web Consular Agents
Duty officer instructions
Availability of Duty Officers Duty Officer Guide Guidance on Consular Component of Duty Handbook CA Webs Consular Management Section: Consular Agency Program and the Consular Agents Guidebook
Topics Covered
The following topics are included in this chapter: Topic Duty Officers Consular Agents See Page 14 16
Introduction to ACS
13
Duty Officers
Duty Roster
The activities of an embassy or a consulate do not cease at the end of the day, and U.S. citizens often request assistance during off-duty hours. For this reason, posts overseas maintain an after-hours duty schedule, whereby most officers assigned to a post (including those from other agencies) take turns handling inquiries or action requests. Some posts with large consular sections and frequent requests for services outside of normal business hours maintain separate consular and general duty rosters. In these posts, consular duty is rotated only among officers in the consular section who are then excused from serving on the general duty roster. In most posts, however, one duty officer handles all types of cases arising after-hours. In very small posts the principal officer might not enforce a rigid duty schedule, but, instead might ensure that one officer remains in town on any given weekend.
Duty Handbook The post duty handbook is the primary resource for duty officers, providing accurate guidance on handling consular cases. Inquiries that a duty officer might have to address include those involving accidents, arrests, childrens issues, deaths, 7 FAM 117 destitution, medical assistance, host country entry requirements, passports, visas to the U.S. (inquiries only), assistance to tourists, welfare/whereabouts inquiries, theft or loss of property, etc. The consular section must keep guidance and contact information up-to-date, and should present the information in a manner which allows even a duty officer with minimal knowledge of consular work to take action to resolve a case or keep a situation under control until the next business day. Duty officers may call consular officers for advice on more complex cases, but at most posts, duty officers should handle most cases initiated after-hours.
Emergency or Not?
When contacted about a consular matter, a duty officer must first decide whether the situation warrants emergency action. Cases involving routine consular services can usually be postponed to the next business day. In non-emergency cases, duty officers can explain what office inquirers should contact the next workday, to whom they should speak, and what documentation the inquirer should bring to the consular section in order to obtain the requested assistance. However, consular cases involving the death, arrest, destitution, medical emergency or whereabouts of U.S. citizens require the duty officer to take prompt action. Some lost or stolen passport cases may also necessitate after-hours action. Note: Duty officers cannot provide visa services.
14
Introduction to ACS
Duty Officers, Continued
Responsibilities 2 FAM 115.3
All duty officers are expected to be available constantly during their usually weeklong duty period, informing the Marine Security Guard or principal officer where they can be reached at all times outside of normal business hours. Duty officers must be familiar with basic ACS consular services, as most after-hours inquiries involve American citizens in some fashion. A duty officer must keep good records in the duty log book of the calls received, briefing the relevant officer in the consular section of any actions taken after-hours on a consular emergency. Duty officers should be aware of required fees for such services.
Introduction to ACS
15
Consular Agents
Consular Agents 3 FAM 8900
The Secretary may appoint a consular agent to provide limited consular services in locations where there is no official representation but where there exists a need for U.S. Government representation. Consular agents are limited, non-career appointees of the Foreign Service already residing abroad, who act under the supervision and direction of the principal consular officer. They are generally employed on a parttime basis. A consular agent does not have a consular district distinct from the supervisory post, although the principal consular officer may administratively define the area of the agents operations within the overall consular district.
Not Honorary Consuls
Although the United States does not appoint Honorary Consuls or use that term, the Department of State views U.S. consular agents abroad as honorary consular officers within the meaning of Section 2, Article 1 of the Vienna Convention on Consular Relations (VCCR). Chapter III of the VCCR addresses the issues of consular agent immunity and consular agency inviolability.
Responsibilities
Consular agents are chosen based on their extensive contacts in the area and their willingness to provide emergency services to Americans. In particular, consular agents may become involved in cases involving missing persons, arrests, medical emergencies and deaths. Consular agents are not authorized to issue passports. Consular agents do accept passport applications and perform notarial services. A list of consular agents is available on the CA Intranet. Further guidance on the scope of consular agent responsibilities is found in the Consular Agents Guidebook on the CA Intranet homepage.
16
Introduction to ACS
Part II: Non-Emergency Services Introduction
As a representative of the United States government overseas, you may assist Americans abroad with voting, taxes, federal benefits and services usually performed by a notary public. Also, using your good offices, you may assist Americans in resolving trade or commercial disputes, and you may be called upon to respond to inquiries involving property questions. ACS units also assist U.S. citizens and legal institutions in the U.S. by helping collect testimony for U.S. court cases and delivering requests for extradition of individuals wanted by law enforcement authorities in the United States.
Topics Covered
The following chapters are included in the Non-Emergency Services SIG: Topic Information Clearinghouse Notarial and Documentary Services Federal Benefits Trade and Property Matters Judicial Assistance Review Cases See Page 18 27 41 55 68 73
Non-Emergency Services
17
Chapter 1 Information Clearinghouse Overview
Introduction
Many U.S. citizens who visit the ACS unit seek information on laws or procedures in your consular district, as well as referrals to other contacts and advice on how to handle routine issues like travel to other countries, taxes and voting. A well-managed and easily accessible ACS information sub-unit will not only respond to the U.S. citizens needs, but also permit you to focus limited unit resources on higher priority cases where time is of the essence.
Objectives
When you have completed this portion of the study guide, you should be able to: Describe to inquirers how they can obtain information on travel overseas, taxes, voting while abroad, local laws, and regulations relevant to U.S. citizens overseas; Distinguish between the various means the Department uses to provide travel information to Americans; Maintain referral lists of doctors, lawyers, translators as well as others deemed appropriate at post; Identify objectives of a well-run public information program and implement efficient registration procedures at post.
References
The following reference materials cover ACS units information sharing function: 7 FAM 050 320 337 528 040 044 1500 1520 1540
Consular Information Programs General Financial Issues and Information Lists of Doctors, Hospitals, and Air Ambulance Services Internal Revenue Service Consular Registration Internet Based Registration System (IBRS) Overseas Voting Program Voting Forms Supplies Basic Absentee Voting Process
18
Overview, Continued
Topics Covered
The following topics are included in this chapter: Topic Registration Travel Information Voting Taxes Referral Lists Other Information See Page 20 21 23 24 25 26
19
Registration
Importance of Registration 7 FAM 040
All diplomatic and consular posts should encourage the registration of U.S. citizens. Registration enables consular and diplomatic officers to furnish all appropriate citizens services. Registration also assists the post in the event of serious emergency situations (such as disasters and civil disturbances,) requiring evacuations or other assistance, or in cases of accidents, arrests, serious injury, death of the registrant, welfare and whereabouts inquiries, etc. The Passport and Nationality SIG provides other useful information on the registration process.
On-line Registration
The Internet-Based Registration System (IBRS), available through the Departments travel information website, www.travel.state.gov, has supplanted most postdeveloped procedures for collecting registration information online from U.S. citizens, and it is linked to ACS software. Online procedures cannot serve the formal function of establishing citizenship, as provided in 7 FAM 040. However, IBRS does meet a number of operational needs in terms of being able to locate and assist Americans possibly needing services in an emergency and being able to quickly pass critical information on threats to U.S. citizens overseas.
Warden Systems 7 FAM 070
Post should use its warden system to communicate effectively with registered U.S. citizens. Warden systems are activated in times of increased threat or actual crisis. They can also be used to provide important routine information about voting, taxes, the census and other matters of interest to the American community. More complete information on warden systems is provided in Chapter 3 (Warden Systems) of the Emergency Planning and Crisis Management section of your Emergency Services SIG.
20
Travel Information
Consular Information Program 7 FAM 050
The Consular Information Program disseminates to the public information on matters of safety and security for U.S. citizens traveling or residing abroad. The Department disseminates such information through Travel Warnings, Public Announcements, and Consular Information Sheets, all of which are available to the public via the Internet (http://www.travel.state.gov) and recorded messages (202-647-5225). Travel Warnings and Public Announcements are given further publicity by direct release to media outlets and the travel industry, postings at each of the regional passport agencies, and information displays at U.S. embassies and consulates worldwide.
Consular Information Sheets 7 FAM 054
Consular Information Sheets are available for every country of the world. They include such information as location of the U.S. Embassy or Consulate in the subject country, unusual immigration practices, health conditions, minor political disturbances, unusual currency and entry regulations, crime and security information, drug penalties, and road conditions. If an unstable condition exists in a country that is not severe enough to warrant a Travel Warning (or which does not pertain to the entire country,) a description of the condition(s) may be included under an optional section entitled "Areas of Instability." On limited occasions, we also restate in this section U.S. Embassy advice given to official employees. Consular Information Sheets generally do not include advice, but present information in a factual manner so the traveler can make his or her own decisions concerning travel to a particular country.
Public Announcements disseminate information about terrorist threats and other Public Announcements, threats that are: Travel Warnings relatively short-term, or regional in nature. 7 FAM 055 In the past, Public Announcements have been issued to deal with expected unrest 7 FAM 056 preceding elections, coups, bomb threats to airlines, violence by terrorists and anniversary dates of specific events that may result in domestic turmoil and/or acts of terrorism. Travel Warnings are issued when the Department decides, based on all relevant information, to recommend to Americans to avoid travel to (or exercise great caution in traveling to) a certain country. In those cases when the Department issues a Travel Warning or Public Announcement, the Consular Information Sheet will contain a link to the relevant supplement.
21
Travel Information, Continued
Warden Messages 7 FAM 058
Warden Messages are a means of disseminating information to U.S. citizens who are currently in the host country. Any time the Department issues a worldwide caution, public announcement or travel warning with information about the security of U.S. citizens in your district, post should issue a warden message. Post may also initiate warden messages containing security-related information. Such messages should be cleared with posts Emergency Action committee and with CA/OCS/ACS. Posts may also use warden messages to disseminate information about routine topics such as voter registration, income tax season, new passport procedures, and other non-security related issues important to the local U.S. citizen community.
Fact Sheets and Travel Brochures 7 FAM 057 7 FAM 059
In addition to Consular Information Sheets, Public Announcements and Travel Warnings, the Bureau of Consular Affairs issues Fact Sheets to address specific issues related to the health and safety of U.S. citizens abroad. These include such topics as regionally based illnesses such as SARS or Avian Flu and information about chemical and biological weapons. The Bureau of Consular Affairs (CA) issues travel brochures with a wide range of information on travel abroad. Entitled Tips for Travelers, these brochures generally focus on particular regions, groups of travelers (students, older travelers), or an important issue (drug-related arrests, fraud schemes, etc.). Also, CA publishes Foreign Entry Requirements, a condensed list of visa, vaccination and other entry requirements for all foreign countries.
One of the key purposes for disseminating accurate information on local conditions No Double Standard Policy and threats posed to Americans abroad is to ensure that all Americans, wherever they might be and whatever their status in your consular district, have equal access to information on risks or threats possibly affecting them overseas. Providing 7 FAM 052 information to all Americans alike is the basis of the Departments No Double Standard policy. For a more complete discussion of this important policy, see Chapter 3 of the Emergency Planning and Crisis Management section of your Emergency Services SIG.
22
Voting
Importance of Voting 7 FAM 1500
The Department of State and the Department of Defense are mandated by law to assist U.S. citizens overseas who wish to exercise their right to vote. Posts should encourage all U.S. citizens within their consular jurisdiction to register and vote in all U.S. elections--Federal, State, and local. Posts should ensure that voters are provided with information necessary to register and to vote, election dates, and other similar information of a general, non-partisan nature.
Procedures 7 FAM 1520
Guidelines on providing assistance to voters are contained in the Voting Assistance Guide (www.fvap.gov), a state-by-state reference on procedures for requesting absentee ballots, addresses of voting officials and deadlines for requests. Using the guide, U.S. citizens complete the SF76, Federal Post Card Registration and Absentee Ballot Application (FPCA) to register and/or to request an absentee ballot. No ballots are available at post or from the Department. The appropriate state voting registrar mails ballots directly to the voter in response to the FPCA. Some states require that consular officers notarize the FPCA; no fee is charged for this service. The voter returns the completed ballot to that voting registrar in the United States. Pouch or APO may be used for mailing the FPCA or voted ballot, but often will not be the most rapid means of sending such materials. Posts should advise Amcits on the timeliest manner for returning voting materials to the United States.
23
Taxes
Paying Taxes Overseas 7 FAM 528
In general, all U.S. citizens resident in the U.S. or abroad and all resident aliens are liable for the income tax imposed by the Internal Revenue Code of the United States whether the income is received from sources within or without the United States. Therefore, all posts stock basic IRS forms for the use of persons in the consular district and provide referrals to individual citizens requesting assistance in filing their taxes.
Tax-Related Assistance
Tax forms are in greatest demand from early January through April 15. During that period a supply of the forms should be kept at the reception desk or other accessible place where people may pick them up. ACS officers should neither provide advice on how to complete tax forms nor try to answer inquiries on tax issues. Taxpayers can seek advice through the IRS website (http://www.irs.gov/) and/or local firms specializing in U.S. tax return preparation. There are also IRS representatives posted at some missions overseas, many of whom make circuit rides through other posts to advise and otherwise assist nonresident taxpayers having problems in preparing their Federal income tax returns. This program is generally limited to those foreign areas where substantial numbers of U.S. citizens reside. ACS units may provide some logistical support for these TDY IRS representatives, and also may assist in organizing meetings between taxpayers and representatives.
24
Referral Lists
Doctor and Attorney Lists 7 FAM 337 7 FAM 990
Each overseas post maintains a list of American and host country attorneys and doctors of good repute practicing in its consular district. These lists are to be provided to American citizens. Posts should keep these lists current and report revisions promptly to CA/OCS. Posts should report any significant changes in the list (for example, the death or disbarment of a lawyer on the attorneys list) to the Department as soon as they are discovered, but not later than one year from the time of the change. Consular sections cannot vouch for the competence of every professional on their list, but you should remove those whose integrity may be in question. Continued complaints on a particular individual would justify removing them from posts lists as would posts discovery of reprehensible behavior on the part of a listed professional.
Preparing Lists
Consular officers prepare referral lists by inviting attorneys or doctors in good standing with their professional association or accrediting body (Bar Association, Board of Medical Examiners, etc.) to submit their credentials. Consular officers then choose those who appear to be the most highly qualified in each area of expertise. The Department recommends that English-speaking professionals be included whenever possible. In compiling such a list, be aware that other sections of your post, such as the commercial section and regional medical personnel, might suggest individuals to be included.
Other Referral Lists
Posts are encouraged to develop other professional referral lists responsive to the needs of the U.S. citizens in their consular district e.g., lists of notaries, interpreters/translators, accounting firms specializing in U.S. tax returns, funeral parlors, commercial entities for transferring funds from the U.S. to your district, and travel agencies.
No Specific Referrals
With any referral list, consular officers are prohibited from recommending a particular individual from the list, and cannot comment on the competence or integrity of specific individuals. A disclaimer to this effect should appear on each list. If pressed for advice, you may use objective criteria and point out those individuals who specialize in a particular field (internal medicine), those located in a certain geographic area (city of Zug), those who speak English, or those educated in the United States.
25
Other Information
Informational Services
Posts may find it useful to provide other types of easily accessible information, including: Application forms for Social Security Numbers; Registration forms for the Selective Service; Informational brochures on child abuse or abduction; Pamphlets on receiving federal benefits while overseas; Where to Write for Vital Records pamphlets on obtaining U.S. birth, death and marriage certificates.
Local Information Sheets
In addition, post-specific information sheets can be helpful. If many Americans residing in your consular district request information on registering with local authorities or marriage procedures, information sheets can save you the time of often repeating the same information. Other useful information sheets might include those on local customs regulations, criminal laws and procedures, driving rules, or obtaining local official documents.
26
Chapter 2 Notarial and Documentary Services Overview
Introduction
The consular notarial function overseas is similar to that of a notary public in the United States. Although consular officer are not notaries, notarial acts taken before a consular officer and certified by the officers signature and seal are valid in the United States to the extent that the individual states accept various notarial acts. (For example, some states do not accept certifications of true copies.) Assisting Americans and other nationals with affidavits, acknowledgments, authentications and certified copies is a major part of our non-emergency ACS work. In providing these services, you need to ensure that documents have been properly prepared and executed, and that appropriate fees have been collected.
Objectives
When you have completed this portion of the study guide, you should be able to: Identify the various types of notarial services and the requirements for providing each service; Determine when consular officers should not provide notarial services; Have a basic understanding of the Hague Legalization Convention.
References
The following reference materials cover notarial services: 7 FAM 810 820 830 834 840 850 860 870 880 890
Introduction Authorities Notarial Acts in General Notarial Refusals and Waivers of Responsibilities Acknowledgments and Attestation of Witness to Acknowledgment of Execution of an Instrument Taking an Affidavit Certification of True Copies of Documents Authentication of Documents Federal and State Agency Documents Unusual Notarial Requests
Cable 95 State 209635 Hague Legalization Convention: Reinventing Consular Notarial Services
27
Overview, Continued
Topics Covered
The following topics are included in this chapter: Topic General Notarial Procedures and Policies Notarial Services Affidavits Notarial Services Acknowledgments Authentications Certification of True Copy Limitations on Notarial Services Study Exercise: Notarials See Page 29 31 32 33 34 35 36
28
General Notarial Procedures and Policies
Jurisdiction 7 FAM 832 7 FAM 833
Just as a notary public may function only within an appointed geographic area, as a consular officer you may perform notarial services only in your consular district. According to Department policy, such services should be provided to U.S. citizens for use in the U.S. or abroad, or to aliens for use in the United States. The place of residence of a person requesting a notarial service has no bearing on the notarial act, as it is being performed "within the limits of the consulate." Therefore, you should not refuse a request for a service on the grounds that the applicant does not reside in the consular district. If permitted by host government laws and considered necessary by the consular officer, notarials may be performed outside of the office (but within the consular district).
Preparing Notarial Documents 7 FAM 836
While much of the work of preparing notarials is usually done by an FSN, the responsible consular officer must ensure that notarials are executed in the proper form and that the appropriate fees are being collected. Lack of attention to both detail and procedure may result in an improperly executed document that cannot be used for its intended purpose. Laws pertaining to the format and the specifications of legal documents vary from state to state. As consular officers are prohibited from rendering legal advice on formats, you should suggest that clients with inquiries consult with an attorney (see Volume 7 of the Martindale-Hubbell Law Directory) or refer clients to Jones Legal Forms, a general guide for legal forms.
Notarial Certificates 7 FAM 837
A written certificate attesting to the performance of a notarial act is prepared for each document; alternatively, a rubber stamp containing the appropriate text is sometimes used. Besides language describing the notarial act, the certificate (or stamp) also includes the venue (place where the notarial is performed), the title and signature of the officer, the consular seal, and date and, for oaths only, the jurat (Subscribed and sworn to before me this day.) Attach the certificate to the document with a grommet or staple in the upper left hand corner. (If you use a stamp, put it on the last page of the document.) If the document has more than one page, add an additional statement to the certificate: This document consists of ______ pages. Most posts find it convenient to have a stamp made with this statement. Some preprinted forms include a title for a Notary Public and a statement My commission expires ______________. You should cross out the notarial title and type or stamp your name and title instead. Cross out the expiration statement as well.
29
General Notarial Procedures and Policies, Continued
Seals 7 FAM 090 7 FAM 837
The consular certificate seal used for notarial acts is the embossed (dry or raised) seal. For an embassy, the legend on the seal should read Consular Service of the United States, City, Country. The seal legend for a notarial performed at a consulate or consulate general should read Consulate (or Consulate General) of the United State of America, City, Country. Please note that an embassy consular section will also have a dry seal with the legend Embassy of the United States of America, City, Country. The latter seal is used for almost everything except notarial acts, including passports, reports of birth, certificates of death, etc. Consulates and consulates general, however, will have only the one embossed seal.
Witnesses 7 FAM 844.1b
If documents require the signatures of witnesses, the client, not the consular officer, is responsible for ensuring that witnesses are present at the time of the signature. YOU AS THE NOTARIZING CONSULAR OFFICER MAY NOT SERVE AS A WITNESS. Generally speaking, you should also avoid having consular FSNs serve as witnesses.
Fees
There is a fee for most notarial services as listed on the current edition of the Schedule of Fees. In most cases the FSN will instruct the requester to obtain a receipt from the cashier regardless of whether a fee is required. This provides for proper accounting for all notarial acts conducted at post and assures that accurate statistics will be available for the consular package submission. Item 45 of the Schedule of Fees for Consular Services lists notarial services for which there are no fees. These include all notarial services performed for persons employed abroad by the U.S. government and for Peace Corps volunteers. Other nofee notarials include services such as those performed at the direct request of federal, state or local government, notarials required to claim certain benefits, and signature acknowledgments for election ballots. For a complete list of fee-exempted services please refer to the Schedule of Fees. There is a large additional fee for the officers time if services are performed after hours or out of the office as a courtesy to the American citizen. (These fees may be waived in emergency cases.) Consular officers must remember to inform American citizens of these additional charges before providing any after-hours services.
Types of Notarials
Notarial services provided by consular officers include taking affidavits, doing acknowledgments (7 FAM 840), authenticating the signatures of host country officials (7 FAM 870) and certifying true copies (7 FAM 860). Other, less common types of notarial services are discussed in 7 FAM 890.
30
Notarial Services Affidavits
Definition, Requirements 7 FAM 850
An affidavit is a written statement or declaration sworn to or affirmed before a consular official. Some persons, for religious reasons, object to swearing, but are willing to affirm, which has the same validity as an oath in this context. When presented with a statement or declaration to be notarized, the consular officer should require that the affiant: Appear in person; Prove his identity; Indicate that he understands the contents of the document; Indicate that he is signing/swearing/affirming of his own free will; Swear or affirm that the statements made are true; Sign in the consuls presence.
Once the affiant completes these steps, the officer signs the affidavit and places the impression seal to the left of his/her signature. Note that you are not required to verify the truth or accuracy of statements in an affidavit.
Identity 7 FAM 835c
Identity is normally demonstrated by use of a photo ID document such as a passport or drivers license. Corporate identity (if the individual is signing as a representative of a business entity) can be more difficult to demonstrate. A person claiming to be the President of XYZ Corporation may not have any information (other than, perhaps, a business card) attesting to this fact. The individual should always be given the opportunity to supply persuasive proof, such as certified copies of articles of incorporation, official tax documents, or payroll records, but such documents are not always at hand overseas. While you can seek verifying information from posts commercial section or other sources, the easiest way to deal with the matter of corporate identity in the absence of proof is to add language such as who acknowledged himself to be the President of XYZ Corporation to the consular certificate.
Understanding and Voluntariness 7 FAM 835d
Usually voluntariness and understanding are obvious: "My attorney drew up this mortgage agreement for a condominium I am buying in Hawaii and I have to have it notarized." The client does not need to comprehend every subparagraph, but should be aware that he is signing a deed to property in Hawaii, not an agreement to sell a car in California. If necessary you may ask, "Do you know what this document means? but you cannot translate or explain the contents of a document to the client. If the client seems to be dazed or under the influence of alcohol, you may suggest that the notarial be completed at another time. Sometimes physical impairment or illness may affect competence, as might difficulties with the English language. 7 FAM 839 describes ways of dealing with requests for notarial services by persons who are physically disabled, illiterate, or mentally incapacitated. Consult CA/OCS/ACS for guidance on any doubtful cases.
31
Notarial Services Acknowledgments
Definition 7 FAM 830
An acknowledgment is the consular officer's declaration that the named individual has appeared before him and has acknowledged that the signature on a document is his/her own signature. Acknowledgments are often made on documents such as deeds, mortgages, contracts for sale of land and personal property, and powers of attorney.
Signature
The person requesting the acknowledgment need not have signed the document in the presence of the consular officer, unless specific language included in the certificate requires this (rare). However, if you are not convinced that a signature is genuine, you may request that the client sign a blank piece of paper so that you can make a comparison.
Requirements
You should require that an individual wanting an acknowledgment: Appear in person to affirm that the signature is his; Prove his identity (personal and corporate if applicable); Indicate that he understands the contents of the document; Indicate that he signed the document of his own free will;
Once the individual completes these steps, the officer signs the acknowledgment and places the impression seal to the left of his/her signature.
32
Authentications
An authentication is a certification of the genuineness of a signature of a foreign notary or government official. In some civil law countries, this process is called legalization. A certificate of authentication often must accompany a document for it to be accepted within another jurisdiction. Documents that may require authentications include legal instruments notarized by foreign notaries, documents signed by official translators or other officials, and copies of public records, such as birth, death, and marriage certificates issued by foreign officials. Consular offices maintain a file of specimen seals and signatures of various officials of the host government so that the consular officer may perform this service.
Signature Specimens 7 FAM 872b
When a newly appointed notary public or official requests that a specimen of his signature and seal be filed at post, you must first verify that the person's signature and seal are genuine and that he holds the position or title as claimed. You must note in the files whether the position is limited to a specific period or is a lifetime commission. You should also obtain an official record of the verifying official's status in the government of the host country. If asked to authenticate the seal and signature of a particular official or notary whose signature and seal is not on file, you should attempt to obtain a specimen. You may otherwise suggest that the client seek the signature of someone whose specimen is on file by having the notary's signature authenticated by a higher-ranking official or the document re-executed by another notary.
Hague Convention on Legalization of Documents 7 FAM 876
The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents eliminates the need for the authentication of documents originating in one country and intended for use in another if both countries are parties to the convention. Central authorities in each member country authenticate documents with a certificate of apostille (name of the authentication stamp); such documents are entitled to recognition in any convention country without further authentication. Posts in member countries do not perform authentications, except in cases involving non-public documents or documents needed for criminal prosecution or other U.S. government judicial assistance cases. For the current list of countries party to the Convention see the Hague Conference on Private International Law Apostille Convention Status page (www.hcch.net).
U.S. Authentications 7 FAM 873e
Requests for authentication of the signatures of USG officials or Foreign Service Officers must be submitted to the Department of State Authentications Office. You do not have the authority to authenticate the signature of a USG official or another Foreign Service Officer, even one who might be stationed at the same post. However, diplomatic and consular officers at a U.S. diplomatic mission may certify the seal of the Department of State (but not the signature of the Secretary of State) if this is requested or required in particular cases by the national authorities of a foreign country.
33
Certification of True Copy
A certified true copy is a document that has been verified as a complete and accurate reproduction of an original. A person seeking a certified copy of a document presents the original along with a copy to the consular officer, who compares the copy to the original, word for word, figure for figure. In some posts, the consular officer may make a copy of the original and certify that as a true copy. Many U.S. states are eliminating this function particularly as it relates to public documents (birth, death, marriage certificates).
Nonessential Function 7 FAM 861
The Department regards the certification of true copies as a nonessential, discretionary function. Consular officers should not certify true copies that are to be used in states that do not allow notaries to perform such functions. (See 7 FAM Exhibit 861 for a list of these states.)
Not for All Documents 7 FAM 874
ACS officers should generally refrain from certifying true copies of documents issued by central government authorities; clients requesting this type of service should be referred to the foreign authority that issued the document. Also, posts no longer certify copies of diplomas and transcripts for foreign nationals coming to the U.S. to study. Inform those who request this service that American schools and universities routinely subscribe to transcript evaluation services that are familiar with authentic diplomas and transcripts from foreign countries and are able to provide course equivalencies and other detailed information. Prospective students submitting their scholastic records to U.S. institutions should use the same certification required by universities and schools in their home country.
34
Limitations on Notarial Services
Translations
Occasionally, a consular officer may receive a request for translation services. Consular officers are not authorized to translate documents or to certify the correctness of a translation. They may, however, administer an oath to a translator regarding the correctness of the translation. You may also take the translator's acknowledgment of the preparation of the translation or authenticate the seal and signature of a local official that is affixed to a translation.
Refusing to Perform Notarials 7 FAM 834
While you, as consular officer, are legally obligated to perform notarial services upon request, you must refuse to perform a notarial service when you have reason to believe that the document will be used for purposes patently unlawful or not in the best interests of the United States. Sometimes local law in the host country does not permit its citizens to execute documents before foreigners. In that case, you would not perform services for host country nationals. In addition, you should not perform a notarial service if the document in question contains blank spaces; authority to do so in such instances is provided by the Department on a case-by-case basis (7 FAM 834b3). Consular officers should refuse requests for notarial services only after the most careful deliberation. You must report such cases, with a complete explanation of the grounds of refusal, to CA/OCS/ACS in the Department as soon as possible. If you are in doubt as to whether or not a notarial service should be refused, you should consult with the Department.
Affidavits False Statements 7 FAM 834
If you have reason to believe that material statements in a document are false or if you notice a defect but have no reason for refusing the service, you should discuss the matter with your client. If s/he continues to insist on executing the affidavit, you may consider performing the service only with a specific waiver of responsibility included in the notarial certificate that reads: I assume no responsibility for the truth or falsity of the representations which appear in the foregoing/annexed document.
35
Study Exercise: Notarials
1. A woman who is not an American citizen comes to your consular section with the following statement which she wants you to notarize: "My name is Maria Theresa von Hapsburg. I am the daughter of Empress Maria Theresa and I was born out of wedlock in Poland on August 15, 1945, as a result of a union between my mother and the Duke of Edinburgh, who later acknowledged me. I make this statement for the purpose of asserting my claim to the Crown Jewels of Austria and Great Britain." She has in her possession a French passport issued to Maria Theresa von Hapsburg. What notarial service is being requested? Should you "notarize" the statement? Why or why not?
2. Would you do an affidavit, acknowledgment, certificate of true copy or authentication in the following situations: An Amerian citizen is unable to travel to the United States to testify as a fact witness at his brothers trial. His lawyer prepares a statement for him to sign in front of you. You are asked to verify or legalize a local official's signature on a document. An American citizen wishes to execute a power of attorney to empower a New York real estate agent to complete the sale of his summer cottage in New York. 3. You have been asked to come to the home of an ailing American citizen who lives within your consular district to execute an affidavit. His doctor has advised him not to travel. May the notarial service be performed in this location? ______ Yes ______ No
If so, what fees might be involved?
36
Study Exercise: Notarials, Continued
4. An Italian businesswoman in your jurisdiction asks you to acknowledge a document she will use in the United States. Should you perform this service? ______ Yes Explain: ______ No
5. You are stationed in a European post. An American businessman brings a document to you for acknowledgment. The document pertains to some real estate in North Korea and will be used in that country. Should you perform this notarial service? ______ Yes Explain: ______ No
6. An American citizen traveling in your district comes to you requesting that you take his affidavit. After reading the document, you have reason to believe that it contains faulty information. You are satisfied with the identification presented by the citizen and believe that the affidavit will be acceptable within the jurisdiction in which it will be used. Should you perform this service despite your doubts about the veracity of the statement? ______ Yes Explain: ______ No
7. A person asks you to obtain a certified copy of a birth certificate issued by authorities of the host country. Should you perform this service? ______ Yes Explain: ______ No
37
8. An American citizen asks you to certify copies of receipts he wishes to submit to an insurance company located in California. May you perform the service? ______ Yes Explain: ______ No
9. An American citizen, with whom you are well acquainted, asks that you witness his will. May you perform this service in your official capacity? ______ Yes Explain: ______ No
38
Answers
Exercise 1
Maria might be requesting that you acknowledge her signature, or perhaps she wants to swear that the statement she has presented to you is true (affidavit). However, Maria is not a U.S. citizen and the document is not for use in the U.S. Therefore, you could present other options to Maria, such as obtaining a notarial service from either the British or Austrian Embassy, using a local notary, etc. Reference: 7 FAM 833
Exercise 2
a. Affidavit b. Authentication c. Acknowledgment Reference: 7 FAM 850, 7 FAM 870, 7 FAM 840
Exercise 3
Yes. As a rule, notarial services should be performed only in the consular section. However, they may be performed elsewhere within the consular district when necessary, provided that the interested party pays the expenses incurred by the notarizing office. In this case, an affidavit is requested, which requires the presence of the affiant. Since the person is ailing and has been advised not to travel, you would schedule a time to visit him. Charges would include the $30.00 fee for the affidavit; cost of transportation (taxi fare, bus or train ticket, GOV or POV mileage); hotel and meals, if an overnight stay is required; and the $265/hour fee for services provided away from the office, if applicable. Reference: 7 FAM 832, 7 FAM 850, 22 CFR 22.1 and Schedule of Fees
Exercise 4
Yes. Notarial services may be performed for any person regardless of nationality, so long as the document to be notarized will be used within the jurisdiction of the United States. You must follow the proper procedure for preparing an acknowledgment. Reference: 7 FAM 833, 7 FAM 840
Exercise 5
No. The United States does not currently have formal diplomatic and consular relations with North Korea. Reference: 7 FAM 833b1
39
Exercise 6
Yes. A consular officer is not required to question the truth of the affiant's allegation or pass judgment on the contents of an affidavit. You may include a disclaimer of the document's contents, if warranted by the circumstances. Reference: 7 FAM 834d
Exercise 7
No. The person requesting the service should be referred to the foreign authority that issued the document for a copy, unless duplicate original copies of documents are not available in your host country. If such is the case, you may certify that a copy of the original document is a true copy, but you would first want to find out to what use the copy would be put. Remember that many states do not accept copies certified by consular officers. Reference: 7 FAM 861b
Exercise 8
No. California does not permit its notaries public to certify copies of documents. Therefore, you must decline to perform this service. Reference: 7 FAM Exhibit 861
Exercise 9
No. Consular officers are prohibited by U.S. regulation (22 CFR 92.81) from witnessing wills in their official capacity. However, they may witness wills in their personal capacity, in which case they should not use their titles or impress official seals on these documents. Reference: 7 FAM 843.1b
40
Chapter 3 Federal Benefits Overview
Introduction
ACS officers often perform services for other federal agencies not directly represented at post. Some agencies, such as the Social Security Administration or the Department of Veterans' Affairs, pay benefits and conduct investigations; others, such as the Internal Revenue Service or the Drug Enforcement Administration, conduct investigations or occasionally visit post for consultations. A consular officers chief priorities in managing federal benefits are to provide efficient service, ensure the integrity of benefits payments, institute procedures for safeguarding against fraud and malfeasance, and answer any questions regarding such benefits or direct individuals to the appropriate offices for answers to questions that cannot be addressed at post.
Objectives
When you have completed this portion of the study guide, you should be able to: Assist federal agencies in providing benefits checks to appropriate beneficiaries; Identify resources and practices that can assist in preventing malfeasance; Appropriately handle inquiries and requests for assistance from federal benefits agencies.
References
The following reference materials cover federal benefits services: 7 FAM 510 520 530 540 550 560 570 580 590
Introduction Department of the Treasury Social Security Administration Veterans Affairs Selective Service Department of Labor Railroad Retirement Board Office of Personnel Management Managing the Federal Benefits Unit
41
Overview, Continued
References (continued) Cable 03 State 212937 SOP No. 27: Processing DS-2029/Ss-5, Social Security Number Application 94 State 255847 Federal Benefits (VA medical benefits)
Other important resources in dealing with federal benefits cases are posts regional FBO, the individual agency itself, or the Federal Agencies Liaison Officer in the Department (CA/OCS/PRI).
Topics Covered
The following topics are covered in this chapter: Topic Social Security Administration (SSA) Veterans Affairs (VA) Services for Other Federal Agencies Study Exercises: Federal Benefits See Page 43 46 49 50
42
Social Security Administration (SSA)
Services Provided
Services for SSA generally fall into four categories: Distributing benefits checks Verifying changes in payee status and vital statistics documents, Interviewing or investigating claimants; Assisting claimants/beneficiaries with claims or requests for information.
Types of Benefits 7 FAM 530
During working years, employees, their employers, and self-employed people pay Social Security contributions (taxes) that are pooled into special trust funds. When earnings stop or are reduced because the worker retires, dies, or becomes disabled, monthly cash benefits are paid to replace part of the earnings the family has lost. Other SSA benefits include: A lump-sum death payment of up to $255.00 made after the worker's death to a surviving spouse or child; Benefits for workers or family members resulting from disability or death due to black lung disease; Medicare -- a two-part insurance program that helps pay the cost of health care in the United States for persons age 65 and older, for persons receiving disability benefits for 24 months, and for persons suffering severe kidney disease. Supplemental Security Income (SSI) program assists the aged, blind, and disabled to maintain a statutory level of annual income.
Note: Neither Medicare nor SSI benefits are available to beneficiaries outside the United States.
Not Just Amcits 7 FAM 532.1
Federal benefits services are not just for U.S. citizens. Legal permanent residents and certain foreign nationals may also receive benefits checks overseas.
Benefits Checks 7 FAM 522 7 FAM 535.1
In 2004, the U.S. government paid over $3.5 billion to beneficiaries residing overseas. Over 80 percent was paid to Social Security recipients. Although most beneficiaries now receive their checks directly via direct deposit or directly via international mail, some Social Security checks are still sent in bulk shipments to foreign service posts via APO/FPO facilities or the State Department pouch for distribution. Each package of Treasury checks contains a list of the checks enclosed as well as the names of those who receive their payments directly. The post should date-stamp the list and check it against any changes the consular section may have on file (change of address, beneficiary deceased, etc.) before mailing the checks. At some posts (for example, those where local mail service is not secure) beneficiaries may come in person or authorize someone to pick up their checks.
43
Social Security Administration (SSA), Continued
Lost or Stolen Checks 7 FAM 523
Shipment of Checks from the U.S. Treasury - Consular officers should note the approximate date checks are due to arrive at post. If they are not received in a reasonable time, post must report the loss to the Regional Federal Benefits Officer (RFBO), SSA, the Treasury Department, and the State Department and must institute proceedings to try to locate the checks. Checks Lost or Stolen from Individual Beneficiaries - ACS units should forward individuals written statements regarding lost, stolen, or destroyed checks directly to the paying agency in order to have replacement checks cut.
Changes in Status 7 FAM 525 7 FAM 538
Consular sections also report changes in payee status, such as an address change, name change, the death of a payee, or the death of a beneficiary. (The "payee" is someone who receives benefits for another person, while the "beneficiary" is the person actually entitled to benefits.) The consular officer forwards such changes to benefits-paying agencies via posts RFBO. When a check is received for a person who has recently died, it is returned to the issuing Treasury Financial Center.
Representative Payees 7 FAM 536
Beneficiaries sometimes lose the ability to take care of themselves and manage their own financial affairs because of advancing age, physical infirmity, or failing mental faculties. In such cases, SSA appoints a representative payee to receive and cash the checks on behalf of the beneficiary. SSA prefers that someone close to the beneficiary, such as a friend or relative who will take a personal interest in ensuring that the beneficiary receives proper care, be appointed as a representative payee. You should make recommendations on appropriate candidates for this function; SSA must approve your suggestion. If local authorities determine that the beneficiary is legally incompetent, post must request that benefits checks be suspended until a representative payee has been appointed.
Investigations
In order to prevent malfeasance, SSA sometimes asks posts to verify documents proving age, marriage, divorce, death, or dependency. Vital statistics documents submitted from certain areas of the world are often based on reconstructed records. The consular officer must inspect the source record and compare it with the certificate. When verification is requested, the consular officer or FSN should take action as soon as possible to ensure speedy adjudication of the case. The reliability of evidence of age is most important; an inaccurate birth certificate could mean thousands of dollars in overpayments. Occasionally, SSA will ask post to perform other types of investigations. For example, SSA might call on post to arrange a physical examination of someone applying for a disability claim. They might also request that you make an on-the-spot survey of an individual's living conditions or physical impairment, or provide an opinion on the reputation of a doctor or a local hospital.
44
Social Security Administration (SSA), Continued
Applying for SSA Benefits 7 FAM 534
Customers will often approach post with requests for information on how to start receiving SSA benefits. Most posts are not authorized to accept applications for benefits. (See 7 FAM 534.1-1(b) for a list of posts that can accept claims.) At nonclaims-taking posts, the applicant for benefits should prepare a written statement regarding eligibility for benefits; the applicant should forward this statement to SSA in Baltimore. SSA then responds to the applicant directly. SSA takes up to 120 days to process claims for benefits. After this time has elapsed, post may request a status report of a claim at the beneficiary's request by contacting their Regional Federal Benefits Officer.
Requests for a Social Security Number 7 FAM 532.3-1
Another common SSA-related inquiry has to do with applications for a Social Security number. Posts should stock Form SS-5-FS, make sure that applicants present the appropriate documentation for their request, and forward the forms to SSA. ACS officers, or Federal Benefits officers at posts with designated personnel, must also conduct an interview with applicants designed to prevent the issuance of more than one SSN to the same person, or to avoid issuing an SSN to an unauthorized person.
45
Veterans Affairs (VA)
Services Provided 7 FAM 541.3 7 FAM 547.1
ACS officers provide the following types of services for the VA: Distributing benefits checks; Assisting claimants and beneficiaries with claims or requests for information; Arranging medical exams; and Providing burial flags to appropriate veterans
Rarely, consular officers also may provide assistance in investigating guardianship cases and child-care cases, or verifying records pertaining to marriage, divorce, or the birth of children.
Types of Benefits 7 FAM 542
VA benefits are most often in the form of a pension or compensation. Pensions are monthly payments made to a veteran because of service, age, or a non-serviceconnected disability, or to a surviving spouse or child of a veteran because of the nonservice-connected death of the veteran. Disability Compensation is a monthly payment made to a veteran because of a service-connected disability. Dependency and Indemnity Compensation is a monthly payment to surviving spouses, certain children, or a low-income parent of a veteran because of a service-connected death of the veteran. In some cases this benefit is available to surviving spouses, children and parents even when the death was non-service-connected. Surviving spouses and some unmarried children of a deceased veteran with wartime service may be eligible for a non-service-connected pension based on need. Veterans may also request information on VA health, education or housing benefits; posts overseas have a very limited role in administering these types of benefits.
Benefits Checks 7 FAM 542 7 FAM 545
Consular officers handle distribution of VA benefits in almost exactly the same way SSA benefits are done, providing checks to beneficiaries and reporting to the VA and Treasury if a check has been lost or stolen. If representative payee arrangements need to be made for VA benefits, post is encouraged to identify institutions (banks, etc.) as recommended representative payees (vs. individuals for SSA beneficiaries). To be eligible for pension benefits, a beneficiary must submit an annual report of income. Veterans and beneficiaries annual income questionnaires are normally distributed with pension checks for the month of October (on or about November 1). Post should encourage any beneficiary receiving a questionnaire to complete both sides of the questionnaire, and sign and return it before January 15 or the check for January will not be issued.
46
Veterans Affairs (VA), Continued
Medical Care 7 FAM 545
The VA established the Foreign Medical Program Office (FMP) in Denver, Colorado to deal with the health benefits of veterans traveling or living abroad, except for those in Canada and the Philippines, for which VA has separate programs. The program is administered through direct contact between the veteran and the FMP; the consular officer is not involved in the medical treatment of veterans except for disability evaluation examinations. (See below.) Veterans enroll in the program directly with the FMP, which will provide authorization guaranteeing payment for medical treatment directly related to serviceconnected conditions as long as the treatment is medically necessary, accepted by the VA/US medical community, and not listed as a general exclusion. Veterans select their own physician/facility and submit claims directly to the FMP, which will evaluate the claim and send reimbursement checks directly to the veteran.
Disability Evaluation Exams 7 FAM 544
The VA may submit requests to the Embassy to arrange for physical examinations to establish the presence of a claimed disease or injury and the extent of the disability. The FMP will send VA Form 21-2507 directly to post as well as the form to be completed by the physician (VA Form 21-2545) Post should make the appointment for the physical examination with a doctor recommended by the post medical officer or RMO, send the instructions and forms directly to the doctor, and notify the veteran of when and where to appear. The veteran is not allowed to choose the doctor. Post should inform the doctor that the VA is responsible for all costs of examination and that payment will be made in US currency. Once the examination is complete, post will send the Form 21-2545 and any invoices directly to the VA Foreign Claims Office in Pittsburgh. (7 FAM 543.2 (e))
Housing, Education 7 FAM 546 7 FAM 548
With regard to housing and education benefits, veterans should contact VA directly for information. That said, post should inform inquiring veterans that housing loan guaranties are available only for property and/or a principal place of business situated within the United States and its territories. Property situated in a foreign country does not qualify for a loan guaranty under this program. VA-approved schools have GI-bill advisors who may help veterans apply for assistance. Posts become involved in the processing of educational claims only when problems arise. For example, when a veteran wishes to attend a school that is not yet VA-approved, you would assist the school in applying for approval by forwarding the school's application to the VA with your recommendation. (Note: You should not approach schools to suggest that they apply for approval.)
47
Veterans Affairs (VA), Continued
Burial Flag 7 FAM 548.1
Post should maintain an inventory of a minimum of two burial flags, which are provided to the consular section by VA for the funerals of veterans. The total number of flags that VA supplies to post is based on the veteran population in the consular district. Each flag arrives in a sealed carton and should not be opened until needed for the funeral of a veteran. The flag is presented to the next-of-kin after the burial service. A flag may not be loaned to anyone, nor will VA provide any financial settlement in lieu of a flag. The Department of Defense, not VA, furnishes markers for the graves of honorably discharged or retired members of the Armed Forces (even if they are not interred in a national, post, or state veterans cemetery). Consular officers sometimes find themselves in a sensitive situation when relatives request a burial flag for a deceased person who they believe was a veteran. While you will want to be helpful, you must also be convinced that the deceased was actually a veteran before you issue a burial flag. The interested person must complete an application form supplied by the Department of Veterans' Affairs, VA Form 212008. In addition, you must ask to see a military separation or discharge document with information about the status of the deceased at time of discharge and include a copy of that document and a copy of the consular report of death with the application. If proof is not available, you may accept a statement from a reputable individual that the deceased person was a veteran. An American who is killed in a terrorist incident abroad is not entitled to burial flag benefits unless he or she is otherwise qualified. Although the Department of State does all that it can to honor victims of terror and to assist their families, loved ones of deceased terror victims will often desire, if not expect, the honor of a burial flag. Post should clarify as gently as possible that a burial flag is reserved for honoring the service of the deceased rather than the manner of death. Such clarification requires great tact and delicacy and should always be followed by an explanation of all that the USG can and will do on behalf of the victims and their families.
48
Services for Other Federal Agencies
Other BenefitPaying Agencies 7 FAM 560 7 FAM 570 7 FAM 580
Posts occasionally distribute benefits from agencies other than SSA and VA. These include the Department of Labor (DOL), the Office of Personnel Management (OPM), or the Railroad Retirement Board (RRB). Distribution procedures are similar to those used for SSA checks.
Other Federal Agency Services 7 FAM 500
As a consular officer, you may perform services for such non-benefit paying agencies as the IRS, FBI, DEA, the U.S. Marshals Service, the Public Health Service, and the Selective Service. For example, Consular officers provide basic federal income tax forms and assist IRS representatives. We take the Selective Service registrations of those who must comply with registration procedures, and mail them to the Selective Service. We may be asked by law enforcement agencies to assist with criminal investigations or extradition cases. (See 7 FAM 480 regarding Prisoner Transfer and 7 FAM 1600 regarding extradition.)
49
Study Exercises: Federal Benefits

1. In handling federal benefits cases, what should be your first step upon receipt of checks?
Reference: _____________________________________ 2. When would a consular section hold a Treasury check for a payee and for how long?
Reference: _____________________________________ 3. What do you do if a Treasury check arrives for a payee who has died?
Reference: _____________________________________ 4. Which of the following is the definition of representative payee? a. Any person who is entitled to social security benefits b. c. Any person who received benefits on behalf of a child or an incompetent adult beneficiary Any person whose impairment prevents any substantial, gainful activity
Reference: _____________________________________ 5. Mrs. Scott, a beneficiary of a Railroad Retirement Board pension, receives a check through the American Embassy in London where you are stationed. She has written to say that she is moving to Vienna next week. She asks you to notify the Treasury Department for her so that her checks will go to Vienna in the future. How do you handle her case?
Reference: _____________________________________
50
Study Exercises: Federal Benefits, Continued

6. A married woman from Zweet visits Congen Rosslyn. She states that she is now 62 years old and wishes to apply for any Social Security benefits to which she is entitled. Rosslyn is not a claimstaking post. How do you reply to her?
Reference: _____________________________________ 7. An American veteran comes to you at the Embassy in Z. He tells you that he needs emergency medical care for a service-connected disability, a wound he received in Korea. He shows you his VA Foreign Medical Service Information Card. You arrange immediate treatment. Did you take appropriate action? __________ Yes __________ No Why or why not?
Reference: _____________________________________ 8. A Swiss national, who served in the United States Army in Vietnam, requests help in arranging hospitalization for a service-connected disability at VA expense. He shows you his VA Foreign Medical Service Information Card listing the disability for which he is requesting treatment. Is he eligible for VA hospitalization or out-patient care abroad? _______ Yes _______ No Explain:
Reference: ___________________________________
51

9. A recent widow comes to you requesting a burial flag for her husband's funeral in two days. She is extremely distraught over his death. You have her complete VA Form 07-2008 and let her know that you cannot give her a flag until her husband's status as a veteran has been confirmed. You forward the completed form to the VA for determination of eligibility. Did you handle the case correctly? _______ Yes _______ No Explain:
Reference: _____________________________________
52
Answers
Exercise 1
Date-stamp the list when the checks are received and when mailed to recipients. Reference: 7 FAM 522.3-1
Exercise 2
This may be done when the payee has requested special handling (usually because he/she has not yet established a local mailing address or will be absent temporarily from his/her residence). Checks cannot be held for more than 60 days. Reference: 7 FAM 522.3-1(b)
Exercise 3
Notify the paying agency (by direct input, telegram, email or fax) and return the check to the issuing Regional Financial Center. Annotate the check list indicating any special handling of specific checks. Reference: 7 FAM 522.3-1(b), 7 FAM 525
Exercise 4
b. Any person who receives benefits on behalf of a child or an incompetent adult beneficiary Reference: 7 FAM 536.1(b)
Exercise 5
You should advise the individual of the specific benefits paying agencys requirements for change of status notification and notify the paying agency of the change. This may be by direct input for SSA if your post is authorized to do so, or by telegram, e-mail or FAX for other agencies. Reference: 7 FAM 525
Exercise 6
The applicant completes and signs a written statement of intent to claim benefits which is witnessed by a consular section employee. Then applicant then sends the statement to the SSA in Baltimore by international mail. Subsequent correspondence will be handled directly between the claimant and SSA. Reference: 7 FAM 534.1-2
53
Exercise 7
No. Unfortunately, It is not as simple as that. Formerly, VA Form 10-1174F, Veterans Administration Foreign Medical Services Information Card, was sufficient evidence of the veteran's entitlement to medical services, but this situation changed in October 1988, when the card was discontinued. Effective October 1, 1994, the VA established the Foreign Medical Program Office in Denver, Colorado, to deal with health benefits of veterans who have VA-adjudicated, service-connected conditions and who are residing or traveling abroad. The veteran obtains FMP authorization directly from the FMPO, and can then seek medical assistance for service-related illnesses, subject to certain conditions. The veteran submits bills for such treatment directly to the FMPO for reimbursement. If the nature of his complaint is such that a veteran clearly needs emergency treatment, handle the case as you would that of any destitute American. Reference: 7 FAM 545.1, 88 State 339319, 94 State 255847
Exercise 8
As a veteran, he is eligible for medical treatment and services outside the United States for any VA rated service-connected condition or for a condition that is associated with and aggravated by a VA rated service-connected condition. Citizenship does not make affect this eligibility. Reference: 7 FAM 545, VA Foreign Medical Program Handbook
Exercise 9
No. You should use the criteria listed on VA Form 21-2008 to determine whether the deceased veteran is eligible for a flag. If he is, you may have the widow complete the form (which you will later transmit to the VA) and proceed to issue the flag. In this case, the funeral would have been over before the VA would have made a determination of eligibility. After issuing the flag, be sure to use Form 21-2008 to order a replacement flag. Reference: 7 FAM 548.1(d)
54
Chapter 4 Trade and Property Matters Overview
Introduction
Under current State Department instructions, consular officers, rather than economic or commercial officers, handle routine property inquiries concerning private transactions between citizens of the United States and foreign persons, firms, or institutions. These cases include tourist trade complaints, claims arising from automobile accidents, taxation problems, pension disputes, or, sometimes, complaints from American firms against a private individual in a foreign country. Other property-related problems ACS officers might assist with include the loss or theft of a personal item, such as a wallet or an item of jewelry, the confiscation of property by customs officials or other foreign authorities, or a request by an American to safeguard or ship personal property.
Objectives
When you have completed this portion of the study guide, you should be able to: Identify local contacts and laws which will affect your ability to resolve issues related to property or trade disputes; Delineate limits to the degree of consular assistance to provide in such cases.
Reference
The following reference materials cover trade-and property-related services: 7 FAM 260 610 620 620 630 640 650, 780 660 680 690
Protection of Property and Personal Estates Abroad of U.S. Citizens Introduction to Property, Claims and Related Matters Accepting Private Property for Safekeeping Disposition of Lost, Stolen or Misplaced Property Tourist and Trade Complaints Customs Disputes Vehicle, Vessel and Aircraft Seizure and Theft Claims Real Property Inquiries Cultural Objects Intellectual Property
55
Overview, Continued
Topics Covered
The following topics are included in this chapter: Topic General Guidelines Minor Trade Complaints, Contract Compliance Questions Lost or Stolen Items, Safeguarding Property Customs, Currency and Bribery Study Exercises: Property Matters See Page 57 58 59 61 63
56
General Guidelines
Local Conditions
In rendering assistance to Americans with property or trade problems, you will need to learn which local laws affect U.S. citizens within your consular district. You should also become acquainted with host government officials who can assist you with property cases involving Americans. In working with American travelers or residents abroad, consular officers must make it clear that they have no power to administer rulings or issue orders within the consular district. As a consular officer, you may not interfere with the administration of local laws, statutes, or regulations.
Not Legal Representative, but Can Help 7 FAM 610
While you as a consular officer may not act as an attorney or agent for a U.S. citizen involved in a property dispute, you may use your contacts to obtain information on the status of the case or refer the case to the appropriate local officials. When appropriate, you should show your sincere sympathy and understanding for the American claimant, and lend your good offices in an attempt to obtain a status report to pass on to the U.S. citizen or expedite a resolution of the problem. In addition, you can provide the American with a list of local attorneys who specialize in such cases and refer them to other appropriate avenues for recourse (local courts, professional organizations, equivalent of Better Business Bureau, etc.).
Property Matters DOs and DONTs
DO
Respond to individuals involved in property matters or disputes Obtain information on the status of the case Be understanding and sympathetic Lend your good offices to verify the facts or expedite settlement Provide the U.S. citizen with a list of attorneys or other local referrals
DONT Act as an agent for a U.S. citizen Act as an attorney Give any legal advice Act in a fiduciary capacity Accept property for safekeeping (except as authorized in 7 FAM 620 or in a public emergency as explained in 7 FAM 621 and 7 FAM 622) Help an American violate or circumvent local law
57
Minor Trade Complaints, Contract Compliance Questions
Trade Disputes 7 FAM 630
From time to time a consular section will receive a complaint from an American regarding the purchase of some item ordered while traveling in that consular district. When such disputes arise between a U.S. citizen and a foreign individual or firm, you should ascertain the facts of the case and contact the local merchant to see if the problem can be resolved. If the merchant agrees to take care of the matter, you can then inform the American of the results of your inquiries. If the merchant is uncooperative, you may advise the American of possible alternatives such as referral to a local tourist bureau, board of trade, or Better Business Bureau equivalent. Failing that, inform the American that, while you may not act as an attorney, you can provide a list of attorneys for use in pursuing a legal remedy. Note: The Bureau of Economic and Business Affairs has helped develop 7 FAM 670 on commercial disputes.
Contract Issues
Complaints arising from U.S. citizens about the failure of companies or entities in your consular district to live up to contracts are initially handled in much the same way as minor trade disputes. However, you may also want to refer inquirers to posts economic or commercial officer for additional assistance.
Private Matters
You should make sure that inquirers understand that ultimately the parties involved should take the appropriate steps to resolve their problem or dispute privately. Consular officers help provide local information and referrals, and lend their good offices to facilitate resolution of such conflicts, but ultimately cannot represent inquirers in a legal or fiduciary capacity.
58
Lost or Stolen Items, Safeguarding Property
General Guidelines 7 FAM 620 7 FAM 423.8 (property of prisoners) 7 FAM 485.4 (personal effects of transferring prisoners)
Except for safeguarding U.S. passports and the property of deceased U.S. citizens (see Chapter 5, Estates, Death and Estates SIG), consular officers generally should not accept or agree to safeguard the property of U.S. citizens abroad. You should, however, attempt to ensure that others are properly safeguarding property of Americans arrested (see Chapter 5, Arrests, Emergency Services SIG), or caught up in an emergency (civil unrest, natural disasters, attacks, etc.). You should not accept personal property of a U.S. citizen arrestee absent specific authorization from the Department. If the host government tries to give you the property of a prisoner who has departed the country you should decline.
Property of Nominal Value 7 FAM 627
If you believe it necessary, you are permitted to accept recovered lost or stolen property of nominal value - such as a wallet - if the owner is readily identifiable as a U.S. citizen. Such items may be accepted for transmission only; not for safekeeping.
Assisting with Reports of Loss or Theft
Americans traveling abroad become understandably upset when items that they value are stolen or lost. If they seek your help, you can assist by contacting places of business such as restaurants, theaters, resorts or the Lost and Found offices of local taxi and transportation companies in an effort to discover if the items have been found. If the items were stolen, you can assist the American citizen in contacting the appropriate law enforcement officials. If the owner has to leave your consular district while you are in the process of attempting to locate the property, you should give assurances that you will notify him/her if the item is found. At the same time, explain that, if in fact the police do succeed in recovering the article, the U.S. citizen will have to provide funds and specific directions for shipping the item.
Returning Lost Property 7 FAM 627
When a lost item is found, you should attempt to persuade the finder, if it is a business concern or local authority such as the police, to contact the American directly and arrange for return of the item. If the finder does not agree to this, take possession of any U.S. passport, and request that the finder safeguard the rest of the items until the owner provides funds and instructions for shipment.
59
Lost or Stolen Items, Safeguarding Property, Continued
Real Estate 7 FAM 660
In general, Americans owning property abroad are subject to the laws and regulations of the country where the property is located. Consular officers should provide information on local laws, copies of the lawyers list and referrals to appropriate host government authorities if a U.S. citizen seeks assistance in a real estate matter. If there are indications of institutionalized discrimination against Americans, post may need to discuss such discrimination with the appropriate host government authorities. Inquiries regarding compensation for nationalized or confiscated property, or claims settlement issues should be brought to the attention of the Department (L/CID) and handled in accordance with 7 FAM 660.
Pouch/APO Rules 7 FAM 626d 7 FAM 266.8-4 7 FAM 445.4-2 5 FAM 300 5 FAH-10
Americans traveling abroad sometimes request permission to use the diplomatic pouch or APO/FPO to send private letters and valuables to assure receipt from countries where mail delivery is unreliable or to avoid the payment of fees to customs officials. If you receive such a request, you must advise the citizen that State Department regulations and international treaties prohibit the use of the pouch or APO/FPO to send private communications or parcels from overseas posts by persons without diplomatic privileges. Remember that you also must not use either the pouch or the APO/FPO to return lost property to private American citizens.
60
Customs, Currency and Bribery
Local Customs Procedures 7 FAM 640
Americans traveling abroad may purchase items, such as artwork or antiquities, which, unbeknownst to them, they are not allowed to take out of the country. In such cases you must explain carefully to the American purchaser that the local authorities have the right to regulate what may leave their country. You can suggest that the American try to return the artifact to the merchant from whom it was purchased or, if possible, apply for an export license. In some countries, local laws mandate compensation for confiscated items. If this sort of problem is frequent in your consular district, post should consider including such information in posts Consular Information Sheet or assembling accurate information on local customs procedures in a flyer.
Currency Regulations 7 FAM 610
Other inquiries from U.S. citizens may concern currency regulations of the host government, transfer of funds into and out of the country, blocked bank accounts, or collection of debts. All matters concerning money transactions by private citizens abroad are outside the area of your consular responsibility. Similarly, requests for assistance in obtaining compensation (insurance, pensions, etc.) from a foreign country are beyond your mandate. Unless you determine that the American citizen is facing discrimination due to his/her nationality, you may only provide any available information on local regulations and use your good offices if appropriate to facilitate resolution of complaints. We should also give U.S. citizens in these instances a copy of the lawyers list.
Discrimination, Bribery
Posts may become aware of a pattern of targeting U.S. citizens for difficulties with customs or currency issues, usually with the apparent aim of getting the American to pay extra fees to resolve the situation. On an individual case level, consular officers must not suggest or in any way condone payment of bribes or similar fees. Such targeting of Americans should be addressed through discussions or demarches with appropriate host government officials in coordination with other embassy sections.
61
Customs, Currency and Bribery, Continued

Summary The following table summarizes the actions required for customs and currency inquiries.
IF the inquiry concerns THEN advise the inquirer

Currency Regulations that local law is paramount in all cases and you may not properly intervene. Suggest designating a local resident (friend, relative or attorney) to accept funds if the American must leave the country. of the procedures governing transfer of funds through authorized international banking channels. that local law is paramount in all cases. Explain what procedures, if any, are available to open the account. Provide a list of local attorneys.
Transfer of Funds Blocked Bank Account
Collection of Debt Owed by provide names of U.S. attorneys from Martindalean American Hubbell. If the Americans address is known, you can contact the American or forward a letter. Do not give out the address Privacy Act applies. Collection of Debts for an American that you may not act in a fiduciary capacity for him. Advise the U.S. citizen about local collection agencies and attorneys.
62
Study Exercises: Property Matters
1. An American tourist in Z buys a small Ziffian relic from a local merchant in Ziff. When he tries to take the item out of the country, he is informed by Zian customs officials that no historical artifacts of that type may be taken from Z. The American comes to you at the consulate and asks for your assistance in clearing up the matter.
2. You receive a phone call from an American tourist in Zrunch, a city located 6 hours from Rosslyn by car. He asks you to come there immediately to demand that the local authorities release his car which they have seized for violations of local auto safety regulations. Which of the following actions would you take? a. Advise the American that you will be there as soon as possible. b. c. Explain that, while you regret the inconvenience, you may not properly intervene in local matters of this kind. Offer to speak to the local authorities to make certain that there has been no misunderstanding and to ascertain what options are available to the American. Urge the American to consider carefully the available options and to consider retaining a local lawyer.
d.
3. A U.S. citizen calls to tell you that he is having some difficulties with the builders of a condominium he has purchased in Zug. Since he is not sure of the laws in Z that pertain to his case, he asks you for legal advice. Which of the following actions may you take? a. Explain that while you can provide only limited assistance, you understand the difficulties of such a situation. b. c. d. Tell him you cannot get involved in the matter because of Departmental regulations. Tell him that you will use your good offices to verify the facts in the case. Explain that while you cannot be directly involved, you can supply a list of Zian attorneys who might be helpful.
63
Study Exercises: Property Matters, Continued

4. An American citizen comes to you and tells you that she has funds in the host country which she would like to have transferred to the United States. Do you transfer the funds for her? Explain your answer:
5. An American writes to you from the U.S. requesting that you return to him an expensive item of jewelry just recovered by local authorities in your consular district. He wants you collect the item and send it to him either via diplomatic pouch or APO/FPO. Which of the following items would you include in your response to him? a. You will have to get the Departments permission to ship the item via the pouch, but in the meantime you will safeguard the jewelry in the Embassy safe. b. It is against Department regulations for items of personal property to be transmitted via the pouch. It is similarly against military postal regulations to use APO/FPO mail for transmission of personal property. A consular officer may only accept private property for safekeeping in the office or transmission to another destination when an emergency evacuation is taking place or the property belongs to the estate of a deceased American citizen. Since you may not use the diplomatic pouch, or military postal facilities (APO/FPO), you will collect the item and make arrangements for the item to be sent to him by normal surface mail, insured C.O.D. The American may want to consider the possibility of having the local authorities who have contacted him forward the item by insured parcel post after he has sent sufficient funds to cover the costs.
c.
d.
e.
6. An American citizen asks for your assistance. He tells you that he feels he has been cheated out of his money by one of the local merchants in your consular district. He wants you to help him recover his money. In your efforts to assist the man, which of the following actions can you take? a. Contact the local merchant to verify the facts. b. c. d. e. Contact the merchant and demand a refund. Advise the American to sue the merchant. Advise the American of the appropriate procedures to be followed in pressing his claim. Assure the American that you will get his money back for him.
64

7. You are a consular officer in Budapest. You receive a visit from an elderly American citizen who explains that she is retired and living in Hungary. She tells you that, when she became an American citizen in 1969, she owned a blocked 200,000 forint bank account. She states further that her account was officially nationalized on March 5, 1973. You know that on March 6, 1973, the United States and Hungary signed an agreement regarding the settlement of claims for American properties confiscated by the Government of Hungary between August 9, 1955 and March 6, 1973. You also know that claims have to be filed with the Foreign Claims Settlement Commission in Washington, D.C. What can you do to assist this woman?
8. An American citizen living abroad complained to her landlord that the pilot light controlling her hot water heater was going out repeatedly. He took no action. One day there was a gas explosion in which the American was badly burned. After communicating with the appropriate regulatory agency and an attorney, she learned that she could not sue her landlord under local law. She comes to you to complain. Is there anything that you can do for her? Explain your answer:
9. The Provincial governments of Canada are beginning to tax land within their jurisdictions very heavily if they consider the land to be of prime value. Americans who happen to own most of this prime land have requested help in clarifying the situation. What can you for them?
65
Answers
Exercise 1
No. This is a restricted item that may not be taken out of Z. You are not able to help U.S. citizens circumvent the laws of your host country. Reference: 7 FAM 683
Exercise 2
c, then d. You realize that taking the trip to a city six hours away would take you from your other duties for an unacceptable period of time and that the only appropriate assistance is the use of your good offices. The American may then retain a local lawyer if he wishes to do so. Reference: 7 FAM 611 (g and h)
Exercise 3
a, c, and d Reference: 7 FAM 611 (g, h and i)
Exercise 4
No. You should never act as a conduit for the transfer of private funds, whether such action is within or outside the local law. You should advise the American citizen of local procedures for handling the matter. Reference: 7 FAM 611 (h)
Exercise 5
b and e are correct. Consular officers should not accept private property of U.S. citizens for a variety of reasons. There is no statutory authority for you to accept private property except in limited circumstances (deaths, public emergencies, natural disasters and coups) and even then only with specific authorization from the Department. There is no federal law to protect consular officers from being sued in the United States in the event that the property taken into their possession is lost or stolen. Accepting a particular item in order to send it out of the country may be a violation of the host country's laws. The vast majority of consular posts do not have adequate storage facilities to safeguard personal belongings of American citizens. Reference: 7 FAM 611(e), 7 FAM 621(a and b), 7 FAM 622
66
Exercise 6
a and d are correct. You may not at any time act as an agent for a U.S. citizen abroad, but you can certainly use your good offices to verify the facts of the situation and explain them to the U.S. citizen. You should make it clear to the American that you may not act on his behalf in a private matter, nor can you give him legal advice. You will, however, provide a list of local attorneys in case he wishes to pursue the matter. Reference: 7 FAM 611 (g and h)
Exercise 7
You should direct the U.S. citizen to the web page for the Foreign Claims Settlement Commission in Washington, D.C. which includes guidance on procedures for filing claims. Note that in most cases the claims filing period has expired and the person must have been a U.S. citizen at the time the event occurred. Reference: 7 FAM 614
Exercise 8
No. Unfortunately, if there is no evidence that the laws of the foreign country were violated, you would have no basis for intervening. Reference: 7 FAM 611 (g and h)
Exercise 9
You may find out how the planned tax is being implemented and advise U.S. citizens and the Department how it will affect Americans resident in your consular district. You cannot lodge a complaint unless it can be shown that U.S. citizens were being discriminated against in the administration of the new tax. Department authorization (CA and L/CA) must be obtained before lodging such a complaint. Reference: 7 FAM 611 (g, h and j)
67
Chapter 5 Judicial Assistance Overview
Introduction
Posts receive many requests for judicial assistance from both U.S. government entities and private litigants. Consular officers may be asked to assist in taking depositions, transmitting letters rogatory, explaining host country procedures in serving process, and clearing the travel of certain U.S. government officials with host government authorities. When a post receives a request directly from an agency or attorney, the inquirer should be referred to CA/OCS/ACS in the Department of State.
Objectives
When you have completed this portion of the study guide, you should be able to: Based on instructions provided, assist U.S. courts and private American litigants in obtaining testimony and serving process overseas; Identify appropriate consular action in extradition cases, particularly with regard to travel of U.S. officials; Describe situations in which consular officers cannot assist with judicial inquiries.
References
The following reference materials cover judicial assistance: 7 FAM 910 920 930 940 950 970 980 1600
Introduction and Authorities Taking Voluntary Depositions of Willing Witnesses Compulsion of Evidence Travel of Witnesses and Government Officials Service of Process Suits Against the USG and/or USG Employees Subpoena of Consular Officers or Consular Records Consular Role in International Extradition
Topics Covered
The following topics are covered in this chapter: Topic Depositions, Other Testimony Serving Process Extradition See Page 69 71 72
68
Depositions, Other Testimony
Taking Voluntary Depositions 7 FAM 921
A consular officer is authorized to assist attorneys or courts in the United States in obtaining the testimony of persons in the officers consular district (depositions) in accordance with instructions provided by the Department if the practice is permitted under local law. Officers may take voluntary testimony only; they have no means of compelling a witness to testify. A consular officer takes a deposition pursuant to either a commission issued to the officer by a U.S. court or notice in writing to the opposing party of a legal dispute. When using the first method, the court prescribes the proper procedure for taking the deposition; with the second method, the attorneys set the guidelines. The officer is bound to follow these instructions as long as there are no conflicts with local law.
Means of Collecting Testimony 7 FAM 920
Formerly, depositions were generally taken in writing, under oath or affirmation, before a designated person -- sometimes the consular officer him/herself -- in answer to oral or written questions. These days, if permitted by local law, testimony can be taken over the phone and recorded, videotaped, or even via live videoconferencing. You should be familiar with local procedures and requirement for taking testimony as procedures that may be acceptable in one country without host country permission may be a criminal offense in another country. The consular officer is not in a position to judge the sufficiency of the testimony; that is the court's job. Do not attempt to dictate the procedure under which the deposition will be taken against the wishes of the parties involved. For example, if the attorneys agree to use a tape recorder in addition to the records of the stenographer or if they agree to conduct the deposition by telephone from the United States, you have no authority to question such procedures. Generally speaking the parties should provide the necessary equipment and personnel for the deposition. You may have to advise a US or third country attorney concerning host country regulations governing the importation of equipment needed for the deposition. If the attorney insists that consular officers assist in setting up the deposition, the consular officer may arrange the services of a local stenographer, court reporter, sound technician, video camera operator, or interpreter after requesting an initial minimum deposit of $475 from the parties involved to cover expenses. The Department charges a separate fee of $235 per hour for consular officers to attend or take depositions, or to execute commissions to take testimony.
69
Depositions, Other Testimony, Continued
Assistance During Proceedings 7 FAM 921 7 FAM 925
Consular officers should ensure that the proceedings are recorded properly. You should take the oaths of the witness, the legal stenographer, and (if necessary) the translator. With the agreement of the attorneys, you may then be able to withdraw from the proceedings "subject to recall." Some countries, however, require that the officer pose the questions even when attorneys attend the deposition. Once testimony is complete, you will need to notarize affidavits for the stenographer (or other personnel responsible for recording the proceedings) and, if applicable, the interpreter. You also should prepare a closing certificate and ensure that deposition documents are placed in a sealed envelope and returned to the requesting counsel or court. Appropriate fees must be collected, and a final statement of account prepared.
Letters Rogatory 7 FAM 931
Another means of obtaining testimony is by exchange of letters rogatory. A letter rogatory is a request from a court in the United States to a court in a foreign country for international judicial assistance. Post must forward a letter rogatory to the Foreign Ministry of the host country, to attempt to obtain evidence abroad, to compel a witness to testify, or to effect service of process in countries that prohibit other methods of service. The foreign court of appropriate jurisdiction will review the request and will return the completed letter rogatory to the embassy, which will then return the document to the Department. Parties requesting this service should be advised that letters rogatory typically require at least 6 months to a year to execute, that the process may be costly and that the foreign court may deny the request. When awaiting response to a request made by letters rogatory, consular officers should periodically check the progress with host government officials.
Travel of Witnesses 7 FAM 941
Sometimes consular officers assist with arrangements for the travel of witnesses to foreign countries or to the U.S. When the witness is a U.S. government official, consular officers may act as liaisons with the foreign government and the Department, which in turn will coordinate with the domestic agency involved. Occasionally, consular officers may also be called upon to assist aliens traveling to the U.S. to act as witnesses by disbursing cash advances, making travel arrangements, purchasing airline tickets, adjudicating applications for visas, requesting waivers from DHS for aliens who are ineligible for visas, and the like.
Request for Consular Testimony or Records 7 FAM 982 7 FAM 985
The Department must approve the appearance of a consular officer to give testimony in an official capacity at a trial in the U.S., as well as a request for a consular officer to appear in a foreign court. If the Department does approve of your appearing and/or providing testimony, you will be instructed as to the procedures for waiving diplomatic immunity to enable you to provide testimony. The Department must also approve the submission of any official information for use in litigation. If you receive such a request from attorneys or courts, notify CA/OCS/ACS and CA/OCS/PRI immediately. CA will coordinate with L/CA and L/DL as appropriate.
70
Serving Process
Consular Officers and Service of Process 7 FAM 951 7 FAM 954
Service of process is the delivery of a complaint, summons or subpoena upon a person or entity. Attorneys in the U.S. sometimes request that posts serve legal process on persons in foreign countries. Consular officers serve only federal criminal subpoenas unless otherwise instructed by the Department. In general, officers are prohibited from serving legal papers on private litigants or from appointing other people to do so.
Other Means of Serving Process 7 FAM 953
Officers should discourage the use of letters rogatory by private litigants wishing to serve process unless conditions in the host country provide no other means of service. As explained above, letters rogatory are subject to the frequent delays of most court calendars and may be the most costly (because they involve court costs in addition to the Departments $735 fee) and time-consuming option available. Preferable alternatives include service by international registered mail or through a host country attorney. In countries that adhere to the Hague Service Convention, a host government authority will provide prompt service at no cost.
Suits Against the USG 7 FAM 970
Pursuant to applicable international conventions, service of process in a suit against the USG can be made to the Department (L/EX) or to an Embassy by means of a diplomatic note from the foreign ministry of the foreign state bringing the suit. Attempts to serve process by any other means should be returned to the appropriate court with a cover letter explaining the proper method of serving process on the U.S. government. However, if you or a member of your staff are sued based on something done in your official capacity, service of process MUST be made on L/EX. Notify L/DL immediately if such a situation should arise. The Justice Department is responsible for defending USG employees sued in their official capacity. CA/OCS/PRI is responsible for questions concerning suits against foreign governments, agencies or instrumentalities under the Foreign Sovereign Immunities Act. (See 7 FAM 955 and 22 CFR 93.)
Suits Against Foreign Governments
71
Extradition
Extradition Treaties 7 FAM 1612
Extradition of a fugitive to the United States to stand trial can only be accomplished pursuant to a treaty. The U.S. has extradition treaties with over 100 foreign nations, and consular officers should be familiar with the terms and requirements of any extradition treaty in force between the U.S. and the host country.
Consular Action 7 FAM 1613 7 FAM 1620
The number of international extradition cases has increased substantially in the last 25 years, and the consular section often assists with processing extradition requests. We are rarely involved when foreign countries request the extradition of someone from the United States. However, when the USG asks for the extradition of someone to the U.S. our involvement may include formal presentation of requests for arrest and extradition, monitoring the proceedings in foreign courts, contacts with host government officials, and reporting. Note that documentary requirements for extradition differ from notarial or authentication issues.
Arrests 7 FAM 1622
Unless the host government has already detained the fugitive, the Department will usually request that he/she be provisionally arrested to prevent further flight while official documents and evidence are being prepared and transmitted to post. Once a fugitive has been arrested, most treaties provide for a specific period of time during which presentation of the formal request for extradition must be made. Since several parties are involved (the local law enforcement agency, the Department of Justice, the State Department), L/LEI is the principal office in the Department responsible for extraditions. Extraditions are usually given top priority so that a fugitive is not released simply because proper documents were not submitted within the required time frame. If the fugitive in question is a U.S. citizen, the ACS unit needs to provide all normal arrest-related services. (See Chapter 5, Arrests, Emergency Services SIG.)
Post-Arrest Activities 7 FAM 1626
If the extradition request is approved, the embassy notifies the Department, including information on the date by which the extradition must take place and the charges that form the basis for the extradition. Sometimes a foreign government will agree to extradition based on only some of the charges; in such a case the person may only be tried in the U.S. on those charges for which extradition was granted. You may be asked to assist with the arrangements for the law enforcement officers coming to escort the detainee back to the U.S., including making hotel reservations, maintaining contact with host government officials, preparing travel documents for the prisoner, etc. It is important to remember that U.S. officials who travel abroad on judicial business must obtain host country clearance prior to their arrival. Post will continue to report to the Department until the extradition is completed. Similarly, if the extradition is denied, post will report all the relevant facts to the Department, including the deadline for an appeal, if applicable. The Department will provide post with further instructions.
72
Chapter 6 Review Cases
Case 1 You are notified by local police that an American citizen has been found ill in the streets in Zeel. He claims that he is a retired army major suffering from a service-connected ailment, specifically, from malaria acquired in the Pacific during World War II. He shows you identification indicating his eligibility as a military retiree and says he thinks he is registered with something called DEERS. Since special treatment is not available in Z, the veteran asks for assistance in returning to a VA hospital in the United States. He has no funds. What would you do in this case? Why?
Case 2 A package of Social Security checks arrives at your post in Z. Seven of these checks are addressed to Paris, although they contain the consular code for Z. How do you handle these seven checks, and why?
Case 3 A U.S. citizen carrying credible evidence of his status as a veteran visits the U.S. Embassy in Rosslyn and informs you that he has applied for admission to a Zian university. He wants to know if the school is eligible for VA approval and, if so, how this approval can be obtained. What is your response to the veteran? Why?
73
Review Cases, Continued
Case 4 A Railroad Retirement Board payee in Rosslyn comes to the Embassy to report that he has not received his checks for the past two months. If you consult with post records and find that the checks have never been received at this post, how would you help him?
What would you do if post records showed that the checks had been received and mailed by the Embassy?
Case 5 An American brings a document to the consulate that he wishes to sign before you as his statement. The document is an application to an agency of the United States government claiming benefits which are available to persons who have been residents of a foreign country for at least six months. In examining his passport, you note that it was issued in California one month ago and bears a stamp from the host country immigration authority permitting the bearer to remain in the country in transit for up to 72 hours. Since the application shows that the person is claiming residence in your consular district, you question the veracity of the statement. The American becomes annoyed and states that the facts pertaining to his residence are irrelevant to you, as you are only supposed to notarize his signature. He insists that you are required by law to perform this service; if you refuse, he will complain to his congressman. What service is being requested here? Explain why you would or would not perform the notarial service. What additional actions would you take? Why?
74
Case 6 You are a consular officer in Latin America. A local businessman brings you a document needed for a business transaction in the U.S. He wishes to swear under oath that his statement is true and sign the document before you. You have no way of finding out whether the statement is true. What service is being requested? Should it be performed? Explain why or why not.
Case 7 You are asked to authenticate the seal and signature of the official whose name appears on the last page of a document just handed to you. You notice that the document was signed by "Susan B. Anthony, Consul of the United States of America and the venue stamp indicates it was signed at the U.S. Embassy in the Republic of Panama. Should you authenticate the document? Explain why or why not.
Case 8 You are a consular officer at a European post. A woman residing in your consular district has a sister who is a U.S. citizen living in the United States. The American sister needs a certified copy of her foreign birth certificate. The sister in your district has visited their parents in another city, located in a different consular district. While there, she went to the office of the registrar of births and obtained a certified copy of the U.S. citizen's birth certificate. She has come to the consulate to ask you to authenticate the birth certificate before she sends it to her sister in the United States. The country to which you are assigned is not a party to the Hague Convention Abolishing the Requirement of Legalization of Foreign Public Documents. Should you perform the service and authenticate the document for her? Explain why or why not. What action would you suggest?
75
Case 9 A man asks you to notarize the following statement: Know all men by these presents that I, Barry Fruman, of Arkansas, do hereby appoint ______________________________ of _____________________ my true and lawful attorney, for me, and in my name, and stead, to act for me and purchase all materials, appliances, and other things as may be necessary and expedient in carrying on my business of haberdasher in the city of Independence, Missouri, and charge the same to my account. In witness whereof, I have hereunto subscribed my name and set my seal, the _____ day of __________, 19 ______. He has satisfactory identification. What service is he requesting? Should it be performed? Explain why or why not.
Case 10 You are stationed in Hong Kong and receive a letter from a U.S. citizen stating that, while visiting there last year, she ordered a hand painted silk screen from a local merchant which she has never received. She paid for the screen at the time of purchase and has sent you a photocopy of the receipt. The woman encloses copies of several letters she has written to the merchant inquiring about her purchase and claims to have received no reply. By the tone of her letter, she is irate. She demands that you take action against the shop owner and force him to either forward the screen or refund her money. What do you do? Why? Cite reference(s).
76
Case 11 You are stationed in a country in South America and receive an inquiry from a congressman. His constituent has requested assistance in regaining a valuable piece of art which she purchased while temporarily residing in your country on business. The item is a small, pre-Columbian vase of considerable historical and monetary value. When the constituent attempted to take the vase with her back to the United States, she was informed by local customs officials that pre-Columbian art cannot be exported from the country by law. Urgent business matters made it necessary for the woman to leave the vase with a friend and return to the United States. How do you respond? Cite reference(s).
Case 12 An American visits relatives in Poland. When he enters the country, he declares that he has $1,000 in U.S. currency with him. Three weeks later as he is leaving the country, he declares that he still has $500 in U.S. currency plus a quantity of Polish zlotys. The customs officials inform him that, while he may take the U.S. currency with him, Polish law prohibits the exportation of zlotys from the country. The American is forced to deposit the Polish currency with the officials and is given a receipt. He is further informed that he may designate a friend or relative to accept the confiscated funds who may use them for any purpose, as long as the currency is spent in Poland. Upon his return to the United States, he writes an indignant letter in which he requests that the embassy "demand" that the Polish authorities relinquish the confiscated currency. He wants the Embassy to convert it to a U.S. dollar draft and forward it to him. What do you do in this case? Cite reference(s).
Case 13 You are stationed in Nairobi and receive a visit from a distraught tourist who reports that her purse is missing. She believes it may have been stolen, since it contained a substantial amount of money. What do you do? Cite reference(s).
77
Case 14 An American shop owner in New York sells a camera to a customer who paid by check. The check subsequently bounced, and the shop owner learned from neighbors of the purchaser that the latter was a tourist in New York who has returned to Athens, Greece. The shop owner writes to the American Embassy in Athens, where you are assigned as a consular officer, asking for assistance in collecting the bad debt. What do you tell him? Cite reference(s).
Case 15 Approximately three years ago, a previous consular officer accepted 13 pieces of luggage from a Mrs. Darkins for safekeeping, in violation of Department regulations, since this property was not part of the estate of a deceased American. To complicate the problem, there is no record that Mrs. Darkins ever signed a statement to the effect that the property was turned over to the Embassy at her own risk with full knowledge that neither the U.S. nor any of its officers assumed responsibility for it. Mrs. Darkins then departed the country for the U.S. with plans to reside permanently at the Waldorf-Astoria in New York City. You have been assigned to determine what to do with the luggage. What is the correct procedure for handling this problem? Cite reference(s).
78
Answers to Review Cases
Case 1
If he is a retired military service member, he may be a member of TRICARE and should contact the TRICARE coordinator at the nearest U.S. military base. Reference: 7 FAM 545.4
Case 2
Forward the seven checks to the U.S. Embassy in Paris. Alert Paris immediately and advise the paying agency, the Regional Financial Center and CA/OCS/PRI by cable. The telegram subject line should read IMPROPERLY LABELED TREASURY CHECKS and should include the date of receipt of the checks, date of reshipment to the correct post, the paying agency and the number and date of the checks, as shown on the check list. Do not send the checks by pouch if another option is available, as they will make an unnecessary detour to Washington before arriving. Send them by registered parcel post or by commercial parcel service. Reference: 7 FAM 523.1
Case 3
You tell the veteran that: The school is eligible for VA approval since it is an institution of higher learning to which a qualified veteran has now applied for admission; The school may apply for this approval by submitting a request in duplicate to the post for forwarding to the VA; Details may be found on the VA Educational Benefits website
Reference: 7 FAM 542
Case 4
You would send a telegram to the Railroad Retirement Board, including the payee's name, address, and complete account or claim number. If your records show that the checks have been received at post, you would have the payee prepare a signed statement or letter of non-receipt, and you would try to find out what happened to the checks after they were received at post.. Reference: 7 FAM 523.2, 7 FAM 573.3
Case 5
An acknowledgment is requested. You should refuse the service on the grounds that it is patently unlawful and report the particulars of the case to the Department by cable to CA/OCS/ACS. Reference: 7 FAM 834(b)(2)
79
Answers to Review Cases, Continued
Case 6
An affidavit is requested. You should perform the service. Consular officers may perform notarial services for any person regardless of nationality as long as the document is for use in the United States and the service is permitted under local law. You are not attesting to the accuracy of the statements made in the documents. Reference: 7 FAM 831.2, 7 FAM 833(a)
Case 7
No. Only the Department of State in Washington can authenticate the signature of a U.S. diplomat or consul. The document must be sent to the Department for authentication. Reference: 7 FAM 873(i)
Case 8
No, you should not perform the service. Consular officers may not authenticate the signature and seal of an official outside their consular district. You may suggest that the woman mail the document and appropriate fee to the American consulate in the other district where it can be authenticated. She might also send the document to her parents who reside in the other city. One of them could take the document to the consulate for authentication. Reference: 7 FAM 873(d)
Case 9
He is requesting an acknowledgment. You should not perform the service until Mr. Fruman completes the document, that is, designates his agent by name in the blank spaces. Once the text is complete the service may be performed, since the document is for use in the United States and the laws of Arkansas will recognize the notarial acts of a consul. The tariff item number is 46. Reference: 7 FAM 834(b)(3), 7 FAM 833(a)
Case 10
You should first contact the local merchant in an effort to determine why the screen has not been shipped and the American's letters not answered. If this fails to resolve the matter, you should write to the American. You should outline any additional information you may have received and stress that the post may not properly intervene in disputes between U.S. citizens and foreign nationals. You should send the American your list of attorneys in case she wishes to seek legal counsel and pursue a legal remedy. Reference: 7 FAM 611 (g and h)
80
Case 11
You should first check with local authorities to learn the exact wording of the law governing the exportation of such items and how it is usually interpreted. Check for possible exceptions or waivers. Next send a report to the congressman, outlining the information you have obtained. Advise the congressman of the provisions of the relevant law precluding the shipment. If necessary, you should furnish a list of local attorneys, in the event that the congressman's constituent wishes to pursue the matter in host country courts. You should respond to the congressman within three days. If it takes you longer to develop information on the case, you should send an interim progress report after three days. A copy of the original inquiry and all subsequent responses must be sent to the Department (CA/OCS/ACS). Reference: 7 FAM 683
Case 12
You should first check with officials to determine that the instructions given the U.S. citizen concerning the money were in accordance with Polish law. If so, find out whether the correct procedure was followed for disposing of the funds. Report your findings to the American and explain that a sovereign state has the right to regulate its own currency. For that reason, the U.S. Embassy is unable to comply with his request to "demand" that the Polish Government release the money to the embassy for delivery. Even if his relative were able to get the money, the embassy would not be able to convert it into dollars and send it since this is a private banking function. Reference: 7 FAM 611(b)
Case 13
You listen empathetically until she feels calmer. Assist her in determining whether the purse was actually stolen or just misplaced. If misplaced, assist her to contact local authorities and/or the lost and found offices of appropriate agencies (bus, taxi companies, etc.). If it appears to have been stolen, help her to report the theft to the local police. If the loss leaves her without funds, provide information on bank transfers or other means of replenishing her funds. You may have to consider a loan if she has no other source of funds. Before she leaves the country, obtain a U.S. address and tell her that, should the purse be returned to the Embassy or to local authorities, you or the local authorities will contact her concerning its return. Reference: 7 FAM 1931.2, 7 FAM 627, 7 FAM 310 7 FAM 320
81
Case 14
You inform the American that a debt owed by an individual in a foreign country to a person in the U.S. is considered a private matter in which the U.S. government may not intervene. Such disputes must be settled between the parties concerned or adjudicated in a court of competent jurisdiction. You point out that a U.S. consular officer is prohibited by regulation from acting as an agent in the collection of debts. You may, however, write or telephone the Greek citizen and, if possible, learn his intentions with regard to paying the New York shop owner so that you can inform the latter. You may also send the American a list of attorneys or collection agencies in Athens so that he may select someone to act on his behalf. Reference: 7 FAM 611 (g and h)
Case 15
Contact Mrs. Darkins (asking for Department assistance, if necessary) by certified mail, return receipt requested, including the following points: The property may not be held indefinitely, and that she should arrange disposition at her expense through a shipping agent by a specified date; After a reasonable period of time the Embassy will be forced to donate or dispose of her property in accordance with regulations or local law. The letter should also be cleared with L/CA via CA/OCS/ACS.
Reference: 7 FAM 627
82

ACS - Non-Emergency, Nov 06

Hochgeladen von

Dokumentinformationen

Originalbeschreibung:

Copyright

Verfügbare Formate

Dieses Dokument teilen

Dokument teilen oder einbetten

Freigabeoptionen

Stufen Sie dieses Dokument als nützlich ein?

Sind diese Inhalte unangemessen?

Copyright:

Verfügbare Formate

ACS - Non-Emergency, Nov 06

Hochgeladen von

Copyright:

Verfügbare Formate

National Foreign Affairs Training Center Foreign Service Institute Consular Training Division PC-530 SELF-INSTRUCTIONAL GUIDE

Introduction to American Citizen Services Non-Emergency Services

Part I: Introduction to American Citizen Services Introduction

Chapter 1 Important Concepts in ACS Work Overview

ACS Work is Different

Importance 7 FAM 011 7 FAM 111

Customer Service 7 FAM 113

Network of Contacts 7 FAM 030

Elements of Success, Continued

Good Congressional Relations 7 FAM 114

Chapter 2 Basic Reference Materials Overview

Foreign Affairs Manuals, Handbooks

Foreign Affairs Manuals, Handbooks, Continued

Foreign Affairs Manuals, Handbooks, Continued

Foreign Affairs Manuals, Handbooks, Continued

Other Sources of ACS Information

Consular Affairs (CA)

Other Sources of ACS Information, Continued

Chapter 3 Everyone Does ACS Work Overview

Duty officer instructions

Duty Officers, Continued

Responsibilities 2 FAM 115.3

Consular Agents 3 FAM 8900

Not Honorary Consuls

Part II: Non-Emergency Services Introduction

Chapter 1 Information Clearinghouse Overview

Continued on next page

Importance of Registration 7 FAM 040

Warden Systems 7 FAM 070

Consular Information Program 7 FAM 050

Consular Information Sheets 7 FAM 054

Travel Information, Continued

Warden Messages 7 FAM 058

Fact Sheets and Travel Brochures 7 FAM 057 7 FAM 059

Importance of Voting 7 FAM 1500

Procedures 7 FAM 1520

Paying Taxes Overseas 7 FAM 528

Doctor and Attorney Lists 7 FAM 337 7 FAM 990

Other Referral Lists

Local Information Sheets

Chapter 2 Notarial and Documentary Services Overview

General Notarial Procedures and Policies

Jurisdiction 7 FAM 832 7 FAM 833

Preparing Notarial Documents 7 FAM 836

Notarial Certificates 7 FAM 837

General Notarial Procedures and Policies, Continued

Seals 7 FAM 090 7 FAM 837

Witnesses 7 FAM 844.1b

Notarial Services Affidavits

Definition, Requirements 7 FAM 850

Identity 7 FAM 835c

Understanding and Voluntariness 7 FAM 835d

Notarial Services Acknowledgments

Definition 7 FAM 830

Definition 7 FAM 870

Signature Specimens 7 FAM 872b

Hague Convention on Legalization of Documents 7 FAM 876

U.S. Authentications 7 FAM 873e

Certification of True Copy

Definition 7 FAM 860

Nonessential Function 7 FAM 861

Not for All Documents 7 FAM 874

Limitations on Notarial Services