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  <FDSYS>
    <CFRTITLE>22</CFRTITLE>
    <CFRTITLETEXT>Foreign Relations</CFRTITLETEXT>
    <VOL>1</VOL>
    <DATE>1999-04-01</DATE>
    <ORIGINALDATE>1999-04-01</ORIGINALDATE>
    <COVERONLY>false</COVERONLY>
    <TITLE>FEES AND FUNDS</TITLE>
    <GRANULENUM>C</GRANULENUM>
    <HEADING>SUBCHAPTER C</HEADING>
    <ANCESTORS>
      <PARENT HEADING="" SEQ="1"/>
    </ANCESTORS>
  </FDSYS>
  <SUBCHAP TYPE="P">
    <PRTPAGE P="123"/>
    <HD SOURCE="HED">SUBCHAPTER C—FEES AND FUNDS</HD>
    <PART>
      <EAR>Pt. 22</EAR>
      <HD SOURCE="HED">PART 22—SCHEDULE OF FEES FOR CONSULAR SERVICES—DEPARTMENT OF STATE AND FOREIGN SERVICE</HD>
      <CONTENTS>
        <SECHD>Sec.</SECHD>
        <SECTNO>22.1</SECTNO>
        <SUBJECT>Schedule of fees.</SUBJECT>
        <SECTNO>22.2</SECTNO>
        <SUBJECT>Requests for services in the United States.</SUBJECT>
        <SECTNO>22.3</SECTNO>
        <SUBJECT>Remittances in the United States.</SUBJECT>
        <SECTNO>22.4</SECTNO>
        <SUBJECT>Requests for services, Foreign Service.</SUBJECT>
        <SECTNO>22.5</SECTNO>
        <SUBJECT>Remittances to Foreign Service posts.</SUBJECT>
        <SECTNO>22.6</SECTNO>
        <SUBJECT>Refund of fees.</SUBJECT>
        <SECTNO>22.7</SECTNO>
        <SUBJECT>Collection and return of fees.</SUBJECT>
      </CONTENTS>
      <AUTH>
        <HD SOURCE="HED">Authority: </HD>
        <P>8 U.S.C. 1153 note, 1351, 1351 note; 10 U.S.C. 2602(c); 22 U.S.C. 214, 2504(a), 4201, 4206, 4215, 4219; 31 U.S.C. 9701; E.O. 10718, 22 FR 4632, 3 CFR, 1954-1958 Comp., p. 382; E.O. 11295, 31 FR 10603, 3 CFR, 1966-1970 Comp., p. 570.</P>
      </AUTH>
      <SOURCE>
        <HD SOURCE="HED">Source: </HD>
        <P>46 FR 58071, Nov. 30, 1981, unless otherwise noted.</P>
      </SOURCE>
      <SECTION>
        <SECTNO>§ 22.1</SECTNO>
        <SUBJECT>Schedule of fees.</SUBJECT>
        <GPOTABLE CDEF="s200,xls126" COLS="2" OPTS="L2,i1">
          <BOXHD>
            <CHED H="1">Item No.</CHED>
            <CHED H="1">Fee</CHED>
          </BOXHD>
          <ROW EXPSTB="01" RUL="s">
            <ENT I="21">
              <E T="02">Passport and Citizenship Services</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00">
            <ENT I="22">1. Passport Services:</ENT>
          </ROW>
          <ROW>
            <ENT I="05">(a) Execution. Required for first-time applicants and renewals under age 16</ENT>
            <ENT>$15.00.</ENT>
          </ROW>
          <ROW>
            <ENT I="15">(b) First-time issuance:</ENT>
          </ROW>
          <ROW>
            <ENT I="05">(1) Applicants age 16 or over</ENT>
            <ENT>$45.00 plus expedited processing fee if applicable.</ENT>
          </ROW>
          <ROW>
            <ENT I="05">(2) Applicants under age 16</ENT>
            <ENT>$25.00 plus expedited processing fee if applicable.</ENT>
          </ROW>
          <ROW>
            <ENT I="15">(c) Subsequent issuance (renewal):</ENT>
          </ROW>
          <ROW>
            <ENT I="05">(1) Applicants age 16 or over</ENT>
            <ENT>$40.00 plus expedited processing fee if applicable.</ENT>
          </ROW>
          <ROW>
            <ENT I="05">(2) Applicants under age 16</ENT>
            <ENT>$25.00 plus expedited processing fee if applicable.</ENT>
          </ROW>
          <ROW>
            <ENT I="15">(d) Expedited service (exclusive of express mail charges) not  applicable overseas:</ENT>
          </ROW>
          <ROW>
            <ENT I="05">(1) Requested guaranteed 3-day service</ENT>
            <ENT>$35.00.</ENT>
          </ROW>
          <ROW>
            <ENT I="05">(2) In-person service at a U.S. Passport Agency, unless the Department has determined that the applicant is required to apply at a U.S. Passport Agency</ENT>
            <ENT>$35.00.</ENT>
          </ROW>
          <ROW>
            <ENT I="22">2. Exemptions: The following applicants are exempted from passport fees:</ENT>
          </ROW>
          <ROW>
            <ENT I="05">(a) Officers or employees of the United States proceeding abroad or returning to the United States in the discharge of their official duties, or their immediate family members (22 U.S.C. 214)</ENT>
            <ENT>No fee.</ENT>
          </ROW>
          <ROW>
            <ENT I="05">(b) American seamen who require a passport in connection with their duties aboard an American flag vessel (22 U.S.C. 214)</ENT>
            <ENT>No fee.</ENT>
          </ROW>
          <ROW>
            <ENT I="05">(c) Widows, children, parents, or siblings of deceased members of the Armed Forces proceeding abroad to visit the graves of such members (22 U.S.C. 214)</ENT>
            <ENT>No fee.</ENT>
          </ROW>
          <ROW>
            <ENT I="05">(d) Employees of the American National Red Cross proceeding abroad as members of the Armed Forces of the United States (10 U.S.C. 2602(c)) </ENT>
            <ENT>No fee.</ENT>
          </ROW>
          <ROW>
            <ENT I="05">(e) Peace Corps and Volunteer Leaders deemed to be employees of the United States for purposes of exemption from passport fees (22 U.S.C. 2504(a)) </ENT>
            <ENT>No fee.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">3. File search and verification of U.S. citizenship when applicant has not presented evidence of citizenship and previous records must be searched. (This fee will not be charged when the applicant's passport was stolen or lost overseas or when one of the exemptions in item 38 is applicable.) </ENT>
            <ENT>$15.00.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">4. Determination or  adjudication of U.S. citizenship for applicants born overseas who have not presented a U.S. passport, Report of Birth Abroad of a Citizen of the United States, or Certificate of Naturalization or Citizenship from the Immigration and Naturalization Service </ENT>
            <ENT>$100.00.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">5. Passport amendments, to add current or new information, change a name, extend a previous passport time limitation, correct an administrative error, validate a passport for travel to restricted countries, or add extra pages </ENT>
            <ENT>No fee.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">6. Passport waiver (22 CFR 53.2(h), Passport requirement and exceptions) </ENT>
            <ENT>No fee.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">7. Registration of a U.S. Citizen at a U.S. Embassy or Consulate when documentary proof of U.S. citizenship has been presented </ENT>
            <ENT>No fee.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">8. Report of Birth Abroad of a Citizen of the United States (includes new no. 4) </ENT>
            <ENT>$40.00.</ENT>
          </ROW>
          <ROW>
            <PRTPAGE P="124"/>
            <ENT I="01">9. Issuance of Replacement Report of Birth Abroad of a Citizen of the United States by the Department of State in Washington. For fees relating to  obtaining documents from passport files and related records, see Documentary Services, item 35 and succeeding </ENT>
            <ENT>$40.00.</ENT>
          </ROW>
          <ROW EXPSTB="01" RUL="s">
            <ENT I="22">(Item nos. 10 through 14  vacant.)</ENT>
          </ROW>
          <ROW>
            <ENT I="21">
              <E T="02">Overseas Citizens Services</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00">
            <ENT I="22">General Overseas Assistance:</ENT>
          </ROW>
          <ROW>
            <ENT I="03">15. Arrest visits</ENT>
            <ENT>No fee.</ENT>
          </ROW>
          <ROW>
            <ENT I="03">16. Assistance regarding the welfare and whereabouts of a U.S. Citizen, including child custody inquiries </ENT>
            <ENT>No fee.</ENT>
          </ROW>
          <ROW>
            <ENT I="13">17. Loan processing:</ENT>
          </ROW>
          <ROW>
            <ENT I="05">(a) Repatriation loans</ENT>
            <ENT>No fee.</ENT>
          </ROW>
          <ROW>
            <ENT I="05">(b) Emergency dietary assistance loans </ENT>
            <ENT>No fee.</ENT>
          </ROW>
          <ROW>
            <ENT I="22">(Item Nos. 18-20 vacant.)</ENT>
          </ROW>
          <ROW>
            <ENT I="22">Death and Estate Services:</ENT>
          </ROW>
          <ROW>
            <ENT I="03">21. Identification of remains and consultation with family members of a U.S. Citizen </ENT>
            <ENT>No fee.</ENT>
          </ROW>
          <ROW>
            <ENT I="03">22. Assistance to the next-of-kin in making arrangements for shipping or other disposition of remains of a U.S. Citizen </ENT>
            <ENT>No fee.</ENT>
          </ROW>
          <ROW>
            <ENT I="03">23. Affidavit attesting to preparation and packing of remains of a U.S. Citizen </ENT>
            <ENT>No fee.</ENT>
          </ROW>
          <ROW>
            <ENT I="03">24. Issuance of consular mortuary certificate on behalf of a U.S. Citizen </ENT>
            <ENT>No fee.</ENT>
          </ROW>
          <ROW>
            <ENT I="03">25. Assistance in transshipment of remains of a foreign national to or through the United States, including documentation covered by items 23 and 24 </ENT>
            <ENT>$700.00.</ENT>
          </ROW>
          <ROW>
            <ENT I="03">26. Preparation of Report of Death of an American Citizen Abroad, including sending copies to legal representative and closest known relative or relatives </ENT>
            <ENT>No fee.</ENT>
          </ROW>
          <ROW>
            <ENT I="03">27. Acting as a provisional conservator of estates of U.S. Citizens (other than U.S. Government employees), by taking possession of, making an inventory, and placing the official seal </ENT>
            <ENT>No fee.</ENT>
          </ROW>
          <ROW>
            <ENT I="13">28.   Acting as a provisional conservator of estates of U.S. Citizens (other than U.S. Government employees), by  overseeing the appraisal, sale, and final disposition of the estate, disbursing funds, forwarding securities, etc.:</ENT>
          </ROW>
          <ROW>
            <ENT I="05">(a) Estates under $10,000 </ENT>
            <ENT>No fee.</ENT>
          </ROW>
          <ROW>
            <ENT I="05">(b) Estates $10,000 or more, for rendering services additional to taking possession, inventorying, and placing the official seal </ENT>
            <ENT>Consular time (item 70) and costs.</ENT>
          </ROW>
          <ROW EXPSTB="01" RUL="s">
            <ENT I="22">(Item no. 29 vacant.)</ENT>
          </ROW>
          <ROW>
            <ENT I="21">
              <E T="02">Services Relating to Vessels and Seamen</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00">
            <ENT I="01">30. Shipping and seamen services, including recording of bill of sale of vessel purchased abroad, taking of application for certificate of American ownership, and investigation </ENT>
            <ENT>Per service, $80.00.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">31. Documentary services related to shipping, including issuance of certificate of American ownership </ENT>
            <ENT>Per service, $650.00 plus costs incurred.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">32. Services provided for an American vessel (a vessel with a certificate of American ownership) or American seamen. (22 U.S.C. 4206) </ENT>
            <ENT>No fee.</ENT>
          </ROW>
          <ROW EXPSTB="01" RUL="s">
            <ENT I="22">(Items nos. 33-34 vacant.)</ENT>
          </ROW>
          <ROW>
            <ENT I="21">
              <E T="02">Documentary Services</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00">
            <ENT I="01">35. Notarials</ENT>
            <ENT>$55.00.</ENT>
          </ROW>
          <ROW>
            <ENT I="22">36. Certifications:</ENT>
          </ROW>
          <ROW>
            <ENT I="05">(a) Certifying under official seal that a copy or extract made from an official or a private document is a true copy </ENT>
            <ENT>$20.00; each additional copy $10.00.</ENT>
          </ROW>
          <ROW>
            <ENT I="05">(b) Certifying under official seal a statement or extract from official files or a statement that no record of an official file can be located </ENT>
            <ENT>$20.00; each additional copy $10.00.</ENT>
          </ROW>
          <ROW>
            <ENT I="05">(c) Certifying the fact of issuance of a Report of Birth Abroad of a Citizen of the United States and certifying copies of documents relating to births, marriages, and deaths of citizens abroad issued by a U.S. Embassy or Consulate (obtainable from the Department of State, Washington, D.C.) </ENT>
            <ENT>$20.00; each additional copy $10.00.</ENT>
          </ROW>
          <ROW>
            <ENT I="22">37. Authentications:</ENT>
          </ROW>
          <ROW>
            <ENT I="05">(a) Certifying to official character of a foreign notary or other official (i.e., authenticating a document) </ENT>
            <ENT>$32.00.</ENT>
          </ROW>
          <ROW>
            <ENT I="05">(b) Authenticating a federal, state, or territorial seal, or certifying to the official status of an officer of the United States Department of State or of a foreign diplomatic or consular officer accredited to or recognized by the United States Government, or any document submitted to the Department for that purpose </ENT>
            <ENT>$32.00.</ENT>
          </ROW>
          <ROW>
            <ENT I="22">38. Exemptions: Notarial, certification, and authentication fees (items 35, 36, and 37) or passport file search fees (item 3) will not be charged when the service is performed:</ENT>
          </ROW>
          <ROW>
            <PRTPAGE P="125"/>
            <ENT I="05">(a) At the direct request of any federal government agency (unless substantial costs would be incurred) </ENT>
            <ENT>No fee.</ENT>
          </ROW>
          <ROW>
            <ENT I="05">(b) At the direct request of any state or local government, the District of Columbia, or any of the territories or possessions of the United States (unless substantial costs would be incurred) </ENT>
            <ENT>No fee.</ENT>
          </ROW>
          <ROW>
            <ENT I="05">(c) With respect to documents to be presented by claimants, beneficiaries, or their witnesses in connection with obtaining federal, state, or municipal monetary benefits </ENT>
            <ENT>No fee.</ENT>
          </ROW>
          <ROW>
            <ENT I="05">(d) For American citizens outside the United States preparing ballots for any public election in the United States or any of its territories </ENT>
            <ENT>No fee.</ENT>
          </ROW>
          <ROW>
            <ENT I="05">(e) At the direct request of a foreign government or an international agency of which the United States is a member if the documents are for official noncommercial use </ENT>
            <ENT>No fee.</ENT>
          </ROW>
          <ROW>
            <ENT I="05">(f) At the direct request of a foreign government official when appropriate or as a reciprocal courtesy </ENT>
            <ENT>No fee.</ENT>
          </ROW>
          <ROW>
            <ENT I="05">(g) At the direct request of U.S. Government personnel, Peace Corps volunteers, or their dependents stationed or travelling officially in a foreign country </ENT>
            <ENT>No fee.</ENT>
          </ROW>
          <ROW>
            <ENT I="05">(h) With respect to documents whose production is ordered by a court of competent jurisdiction </ENT>
            <ENT>No fee.</ENT>
          </ROW>
          <ROW>
            <ENT I="05">(i) With respect to affidavits of support for immigrant visa applications </ENT>
            <ENT>No fee.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">39. Executing commissions to take testimony in connection with foreign documents for use in criminal cases when the commission is accompanied by an order of federal court on behalf of an indigent party </ENT>
            <ENT>No fee.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">40. Providing seal and certificate for return of letters rogatory executed by foreign officials </ENT>
            <ENT>$455.00.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">41. Taking depositions or executing commissions to take testimony </ENT>
            <ENT>Per hour, $200.00 plus costs incurred.</ENT>
          </ROW>
          <ROW EXPSTB="01" RUL="s">
            <ENT I="22">(Items nos. 42-49 vacant.)</ENT>
          </ROW>
          <ROW>
            <ENT I="21">
              <E T="02">Visa Services</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00">
            <ENT I="01">50. Immigrant visa application processing fee </ENT>
            <ENT>$260.00.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">51. Immigrant visa application surcharge for Diversity Visa Lottery </ENT>
            <ENT>$75.00.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">52. Immigrant visa issuance fee</ENT>
            <ENT>$65.00.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">53. Refugee case preparation and processing </ENT>
            <ENT>No fee.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">54. Nonimmigrant visa application processing fee </ENT>
            <ENT>$45.00.</ENT>
          </ROW>
          <ROW>
            <ENT I="22">55. EXEMPTIONS from nonimmigrant visa application processing fee:</ENT>
          </ROW>
          <ROW>
            <ENT I="05">(a) Applicants for A, G, C-2, C-3, and NATO visas </ENT>
            <ENT>No fee.</ENT>
          </ROW>
          <ROW>
            <ENT I="05">(b) Applicants for J visas participating in official U.S. Government (USIA or USAID) sponsored educational and cultural exchanges </ENT>
            <ENT>No fee.</ENT>
          </ROW>
          <ROW>
            <ENT I="05">(c) Persons issued replacement machine readable visas when the original machine readable visa has not adhered to the passport or other travel document through no fault of the applicant </ENT>
            <ENT>No fee.</ENT>
          </ROW>
          <ROW>
            <ENT I="05">(d) Persons exempted by international agreement as determined by the Department </ENT>
            <ENT>No fee.</ENT>
          </ROW>
          <ROW>
            <ENT I="05">(e) Persons travelling to participate in charitable activities as determined by the Department </ENT>
            <ENT>No fee.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">56. Nonimmigrant visa issuance fee, including border crossing cards </ENT>
            <ENT>RECIPROCAL.</ENT>
          </ROW>
          <ROW>
            <ENT I="22">57. EXEMPTIONS from nonimmigrant visa issuance fee:</ENT>
          </ROW>
          <ROW>
            <ENT I="05">(a) An official representative of a foreign government or an international or regional organization of which the U.S. is a member </ENT>
            <ENT>No fee.</ENT>
          </ROW>
          <ROW>
            <ENT I="05">(b) An applicant transiting to and from the United Nations headquarters </ENT>
            <ENT>No fee.</ENT>
          </ROW>
          <ROW>
            <ENT I="05">(c) An applicant participating in a U.S. Government sponsored program </ENT>
            <ENT>No fee.</ENT>
          </ROW>
          <ROW>
            <ENT I="05">(d) Persons travelling to participate in charitable activities as determined by the Department </ENT>
            <ENT>No fee.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">58. Visa fingerprinting</ENT>
            <ENT>$25.00.</ENT>
          </ROW>
          <ROW>
            <ENT I="22">59. Special visa processing services for aliens:</ENT>
          </ROW>
          <ROW>
            <ENT I="05">(a) Returning resident status </ENT>
            <ENT>$50.00.</ENT>
          </ROW>
          <ROW>
            <ENT I="05">(b) Transportation letter (unless waived in significant public benefit parole cases) </ENT>
            <ENT>$120.00.</ENT>
          </ROW>
          <ROW>
            <ENT I="05">(c) Waiver of immigrant visa ineligibility (collected for INS; subject to change) </ENT>
            <ENT>$95.00.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">60. Filing immigrant visa petition (collected for INS; subject to change) </ENT>
            <ENT>$80.00.</ENT>
          </ROW>
          <ROW EXPSTB="01" RUL="s">
            <ENT I="22">(Items nos. 61-64 vacant.)</ENT>
          </ROW>
          <ROW>
            <ENT I="21">
              <E T="02">Administrative Services</E>
            </ENT>
          </ROW>
          <ROW EXPSTB="00">
            <ENT I="01">65. Non-emergency telephone calls </ENT>
            <ENT>Local long distance rate plus $10.00.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">66. Setting up and maintaining a trust account for 1 year or less to transfer funds to or for the benefit of an American in need in a foreign country </ENT>
            <ENT>$20.00.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">67. Transportation charges incurred in the performance of fee and no-fee services when appropriate and necessary </ENT>
            <ENT>Costs incurred.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">68. Emergency passport photo service overseas </ENT>
            <ENT>No fee.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">69. Return check processing fee (only in the United States) </ENT>
            <ENT>$25.00.</ENT>
          </ROW>
          <ROW>
            <PRTPAGE P="126"/>
            <ENT I="01">70. Consular time charges as required by this schedule or for fee services performed away from the office or after-duty-hours </ENT>
            <ENT>Per hour, $180.00 plus costs incurred.</ENT>
          </ROW>
          <ROW>
            <ENT I="01">71. Photocopies (provided other than pursuant to 22 CFR Part 171 or order of a court of competent jurisdiction) </ENT>
            <ENT>Per page, $1.00.</ENT>
          </ROW>
          <ROW>
            <ENT I="22">(Item nos. 72-80 vacant.)</ENT>
          </ROW>
        </GPOTABLE>
        <CITA>[63 FR 5100, Jan. 30, 1998]</CITA>
      </SECTION>
      <SECTION>
        <SECTNO>§ 22.2</SECTNO>
        <SUBJECT>Requests for services in the United States.</SUBJECT>
        <P>(a) <E T="03">Requests for records.</E> Requests by the file subject of the individual's authorized agent for services involving U.S. passport applications and related records, including consular birth, marriage and death records and authentication of other passport file documents, shall be addressed to Passport Services, Correspondence Branch, Department of State, Washington, DC 20524. Requests for consular birth records should specify if a Consular Report of Birth (Form FS 240, or long form) or Certification of Birth (Form DS 1350, or short form) is desired. Advance remittance of the exact fee is required for each service.</P>
        <P>(b) <E T="03">Authentication services.</E> Requests for Department of State authentication of documents other than passport file documents must be accompanied by remittance of the exact total fee chargeable and addressed to the Authentication Officer, Department of State, Washington, DC 20520.</P>
      </SECTION>
      <SECTION>
        <SECTNO>§ 22.3</SECTNO>
        <SUBJECT>Remittances in the United States.</SUBJECT>
        <P>(a) <E T="03">Type of Remittance.</E> Remittances shall be in the form of: (1) Check or bank draft drawn on a bank in the United States; (2) money order—postal, international or bank; or (3) U.S. currency. Remittances shall be made payable to the order of the Department of State. The Department will assume no responsibility for cash which is lost in the mail.</P>
        <P>(b) <E T="03">Exact payment of fees.</E> Fees must be paid in full prior to issuance of requested documents. If uncertainty as to the existence of a record or as to the number of sheets to be copied precludes remitting the exact fee chargeable with the request, the Department of State will inform the interested party of the exact amount required.</P>
      </SECTION>
      <SECTION>
        <SECTNO>§ 22.4</SECTNO>
        <SUBJECT>Requests for services, Foreign Service.</SUBJECT>
        <P>Officers of the Foreign Service shall charge for official services performed abroad at the rates prescribed in this schedule, in coin of the United States or at its representative value in exchange (22 U.S.C. 1202). For definition of representative value in exchange, see § 23.4 of this chapter. No fees named in this schedule shall be charged or collected for the official services to American vessels and seamen (22 U.S.C. 1186). The term “American vessels” is defined to exclude, for the purposes of this schedule, undocumented American vessels and the fees prescribed herein shall be charged and collected for such undocumented vessels. However, the fees prescribed herein shall not be charged or collected for American public vessels, which includes any vessel owned or operated by a U.S. Government department or agency and engaged exclusively in official business on a non-commercial basis. This schedule of fees shall be kept posted in a conspicuous place in each Foreign Service consular office, subject to the examination by all persons interested therein (22 U.S.C. 1197).</P>
      </SECTION>
      <SECTION>
        <SECTNO>§ 22.5</SECTNO>
        <SUBJECT>Remittances to Foreign Service posts.</SUBJECT>
        <P>Remittances to Foreign Service posts from persons in the United States in payment of offical fees and charges or for the purpose of establishing deposits in advance of rendition of services shall be in a form acceptable to the post, drawn payable to the American Embassy (name of city), American Consulate General (name of city) or American Consulate (name of city), as the case may be. This will permit cashing of negotiable instruments for deposit in the Treasury when not negotiated locally. See § 23.2 of this chapter.</P>
        <P>(a) <E T="03">Time at which fees become payable.</E> Fees are due and payble prior to issue or delivery to the interested party of a <PRTPAGE P="127"/>signed document, a copy of a record, or other paper representative of a service performed.</P>
        <P>(b) <E T="03">Receipt for fees; register of services.</E> Every officer of the Foreign Service responsible for the performance of services as enumerated in the Schedule of Fees for Consular Services, Department of State and Foreign Service (§ 22.1), shall give receipts for fees collected for the official services rendered, specifying the nature of the service and numbered to correspond with entries in a register maintained for the purpose (22 U.S.C. 1192, 1193, and 1194). The register serves as a record of official acts performed by officers of the Foreign Service in a governmental or notarial capacity, corresponding in this regard with the record which notaries are usually expected or required to keep of their official acts. See § 92.2 of this chapter.</P>
        <P>(c) <E T="03">Deposits to guarantee payment of fees or incidental costs.</E> When the amount of any fee is determinable only after initiation of the performance of a service, or if incidental costs are involved, the total fee and incidental costs shall be carefully estimated and an advance deposit required, subject to refund of any unused balance to the person making the deposit.</P>
      </SECTION>
      <SECTION>
        <SECTNO>§ 22.6</SECTNO>
        <SUBJECT>Refund of fees.</SUBJECT>
        <P>(a) Fees which have been collected for deposit in the Treasury are refundable:</P>
        <P>(1) As specifically authorized by law (See 22 U.S.C. 214a concerning passport fees erroneously charged persons excused from payment, 22 U.S.C. 216 concerning passport fees in cases where the appropriate representative in the United States of a foreign government refuses a visa and 46 U.S.C. 8 concerning fees improperly imposed on vessels or seamen);</P>
        <P>(2) When the principal officer at the consular post where the fee was collected (or the officer in charge of the consular section at a combined diplomatic/consular post) finds upon review of the facts that the collection was erroneous under applicable law; and</P>
        <P>(3) Where determination is made by the Department of State with a view to payment of a refunded in the United States in cases which it is impracticable to have the facts reviewed and refunded effected by and at the direction of the responsible consular office.</P>
        <P>See § 13.1 of this chapter concerning refunds of fees improperly exacted by consular officers who have neglected to return the same.</P>
        <P>(b) Refunds of $5.00 or less will not be paid to the remitter unless a claim is specifically filed at the time of payment for the excess amount. An automatic refund on overpayments due to misinformation or mistakes on the part of the Department of State will be made.</P>
        <CITA>[52 FR 29515, Aug. 10, 1987]</CITA>
      </SECTION>
      <SECTION>
        <SECTNO>§ 22.7</SECTNO>
        <SUBJECT>Collection and return of fees.</SUBJECT>
        <P>No fees other than those prescribed in the Schedule of Fees, § 22.1, or by or pursuant to an act of Congress, shall be charged or collected by officers of the Foreign Service for official services performed abroad (22 U.S.C. 1201). All fees received by any officer of the Foreign Service for services rendered in connection with the duties of office or as a consular officer shall be accounted for and paid into the Treasury of the United States (22 U.S.C. 99 and 812). For receipt, registry, and numbering provisions, see § 22.5(b). Collections for transportation and other expenses necessary for performance of services or for Interested Party toll telephone calls shall be refunded to post allotment accounts and made available for meeting such expenses.</P>
      </SECTION>
    </PART>
    <PART>
      <EAR>Pt. 23</EAR>
      <HD SOURCE="HED">PART 23—FINANCE AND ACCOUNTING</HD>
      <CONTENTS>
        <SECHD>Sec.</SECHD>
        <SECTNO>23.1</SECTNO>
        <SUBJECT>Remittances made payable to the Department of State.</SUBJECT>
        <SECTNO>23.2</SECTNO>
        <SUBJECT>Endorsing remittances for deposit in the Treasury.</SUBJECT>
        <SECTNO>23.3</SECTNO>
        <SUBJECT>Refunds.</SUBJECT>
        <SECTNO>23.4</SECTNO>
        <SUBJECT>Representative value in exchange.</SUBJECT>
        <SECTNO>23.5</SECTNO>
        <SUBJECT>Claims for settlement by Department of State or General Accounting Office.</SUBJECT>
      </CONTENTS>
      <AUTH>
        <HD SOURCE="HED">Authority: </HD>
        <P>Sec. 4, 63 Stat. 111, as amended; 22 U.S.C. 2658.</P>
      </AUTH>
      <SOURCE>
        <HD SOURCE="HED">Source: </HD>
        <P>22 FR 10793, Dec. 27, 1957, unless otherwise noted.</P>
      </SOURCE>
      <SECTION>
        <PRTPAGE P="128"/>
        <SECTNO>§ 23.1</SECTNO>
        <SUBJECT>Remittances made payable to the Department of State.</SUBJECT>
        <P>Except as otherwise specified in this title, remittances of moneys shall be drawn payable to the Department of State and sent to the Department for action and deposit. (See §§ 21.2, 22.2, and 51.40 of this chapter.)</P>
      </SECTION>
      <SECTION>
        <SECTNO>§ 23.2</SECTNO>
        <SUBJECT>Endorsing remittances for deposit in the Treasury.</SUBJECT>
        <P>The Office of Finance—Cashier Unit, the Authentication Office, the Passport Office or Passport Agency, American Embassy, American Legation, American consular office, or other office or unit of the Department of State authorized and required to deposit funds in the Treasury of the United States, is hereby authorized to endorse, or to have endorsed, to the order of the Treasurer of the United States by appropriate stamp, checks, drafts, money orders, or other forms of remittance, regardless of how drawn, which are for payment to the Department of State for deposit in the Treasury of the United States, including those payable to the Secretary of State.</P>
      </SECTION>
      <SECTION>
        <SECTNO>§ 23.3</SECTNO>
        <SUBJECT>Refunds.</SUBJECT>
        <P>(a) <E T="03">Rectifications and readjustments.</E> See § 22.4 of this chapter for outline of circumstances under which fees which have been collected for deposit in the Treasury may be refunded.</P>
        <P>(b) <E T="03">Refund of wrongful exactions.</E> See § 13.1 of this chapter concerning recovery from consular officers of amounts wrongfully exacted and withheld by them.</P>
      </SECTION>
      <SECTION>
        <SECTNO>§ 23.4</SECTNO>
        <SUBJECT>Representative value in exchange.</SUBJECT>
        <P>Representative value in exchange for the collection of a fee means foreign currency equivalent to the prescribed United States dollar fee at the current rate of exchange at the time and place of payment of the fee. “Current rate” of exchange for this purpose means the bank selling rate at which the foreign bank will sell the number of United States dollars required to liquidate the obligation to the United States for the Foreign Service fee.</P>
      </SECTION>
      <SECTION>
        <SECTNO>§ 23.5</SECTNO>
        <SUBJECT>Claims for settlement by Department of State or General Accounting Office.</SUBJECT>
        <P>Claims for settlement by the Department of State or by the General Accounting Office shall be submitted to the Department in duplicate over the handwritten signature, together with the post office address of the claimant, and with appropriate recommendations of the officer of the Foreign Service, for items such as:</P>
        <P>(a) Refunds of amounts representing payroll deductions such as for any retirement and disability fund;</P>
        <P>(b) Amounts due deceased, incompetent, or insolvent persons including payees or bona fide holders of unpaid Government checks;</P>
        <P>(c) Amounts claimed from the Government when questions of fact affect either the amount payable or the terms of payment, when for any reason settlement cannot or should not be affected at the Foreign Service office; and</P>
        <P>(d) Amounts of checks, owned by living payees or bona fide holders, which have been covered into outstanding liabilities. The Foreign Service post or the Department of State shall be consulted before preparing the claim to ascertain whether any special form is required to be used. Claims for unpaid compensation of deceased alien employees shall be forwarded to the respective Foreign Service post.</P>
      </SECTION>
    </PART>
  </SUBCHAP>
</CFRGRANULE>
