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22.6 Refund of fees.

22.7 Collection and return of fees.

AUTHORITY: 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.

SOURCE: 46 FR 58071, Nov. 30, 1981, unless otherwise noted.

§ 22.1 Schedule of fees.

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(d) Expedited service (exclusive of express mail charges) not applica-
ble overseas:

(1) Requested guaranteed 3-day service

(2) In-person service at a U.S. Passport Agency, unless the Depart-
ment has determined that the applicant is required to apply at a
U.S. Passport Agency.

2. Exemptions: The following applicants are exempted from passport fees:
(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).

$45.00 plus expedited processing fee if applicable.

$25.00 plus expedited processing fee if applicable.

$40.00 plus expedited processing fee if applicable.

$25.00 plus expedited processing fee if applicable.

$35.00.
$35.00.

No fee.

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(d) Employees of the American National Red Cross proceeding abroad No fee.
as members of the Armed Forces of the United States (10 U.S.C.
2602(c)).

(e) Peace Corps and Volunteer Leaders deemed to be employees of No fee.
the United States for purposes of exemption from passport fees (22
U.S.C. 2504(a)).

3. File search and verification of U.S. citizenship when applicant has not pre- $15.00.
sented evidence of citizenship and previous records must be searched. (This

fee will not be charged when the applicant's passport was stolen or lost over

seas or when one of the exemptions in item 38 is applicable.).

4. Determination or adjudication of U.S. citizenship for applicants born overseas $100.00.
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.

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.
6. Passport waiver (22 CFR 53.2(h), Passport requirement and exceptions)
7. Registration of a U.S. Citizen at a U.S. Embassy or Consulate when docu-
mentary proof of U.S. citizenship has been presented.

No fee.

No fee.
No fee.

8. Report of Birth Abroad of a Citizen of the United States (includes new no. 4)

$40.00.

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9. Issuance of Replacement Report of Birth Abroad of a Citizen of the United $40.00. States by the Department of State in Washington. For fees relating to obtain

ing documents from passport files and related records, see Documentary

Services, item 35 and succeeding.

(Item nos. 10 through 14 vacant.)

General Overseas Assistance:

15. Arrest visits

Overseas Citizens Services

No fee.

16. Assistance regarding the welfare and whereabouts of a U.S. Citizen, No fee. including child custody inquiries.

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23. Affidavit attesting to preparation and packing of remains of a U.S. Cit- No fee.
izen.

24. Issuance of consular mortuary certificate on behalf of a U.S. Citizen
25. Assistance in transshipment of remains of a foreign national to or
through the United States, including documentation covered by items 23
and 24.

No fee.
$700.00.

26. Preparation of Report of Death of an American Citizen Abroad, includ- No fee.
ing sending copies to legal representative and closest known relative or
relatives.

27. Acting as a provisional conservator of estates of U.S. Citizens (other No fee.
than U.S. Government employees), by taking possession of, making an
inventory, and placing the official seal.

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 securi-
ties, etc.:

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(b) Estates $10,000 or more, for rendering services additional to taking Consular time (item 70) and costs. possession, inventorying, and placing the official seal.

(Item no. 29 vacant.)

Services Relating to Vessels and Seamen

30. Shipping and seamen services, including recording of bill of sale of vessel | Per service, $80.00.

purchased abroad, taking of application for certificate of American ownership,

and investigation.

31. Documentary services related to shipping, including issuance of certificate Per service, $650.00 plus costs incurred. of American ownership.

32. Services provided for an American vessel (a vessel with a certificate of No fee.

American ownership) or American seamen. (22 U.S.C. 4206).

(Items nos. 33-34 vacant.)

35. Notarials

36. Certifications:

Documentary Services

$55.00.

(a) Certifying under official seal that a copy or extract made from an $20.00; each additional copy $10.00. official or a private document is a true copy.

(b) Certifying under official seal a statement or extract from official files $20.00; each additional copy $10.00. or a statement that no record of an official file can be located.

(c) Certifying the fact of issuance of a Report of Birth Abroad of a Cit- $20.00; each additional copy $10.00.
izen 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.).

37. Authentications:

(a) Certifying to official character of a foreign notary or other official $32.00.
(i.e., authenticating a document).

(b) Authenticating a federal, state, or territorial seal, or certifying to the $32.00.
official status of an officer of the United States Department of State
or of a foreign diplomatic or consular officer accredited to or recog-
nized by the United States Government, or any document submitted
to the Department for that purpose.

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:

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39. Executing commissions to take testimony in connection with foreign docu- | No fee.
ments for use in criminal cases when the commission is accompanied by an
order of federal court on behalf of an indigent party.

40. Providing seal and certificate for return of letters rogatory executed by for- $455.00.
eign officials.

41. Taking depositions or executing commissions to take testimony (Items nos. 42-49 vacant.)

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Fee

Per hour, $200.00 plus costs incurred.

55. EXEMPTIONS from nonimmigrant visa application processing fee: (a) Applicants for A, G, C-2, C-3, and NATO visas

No fee.
No fee.

No fee.

(b) Applicants for J visas participating in official U.S. Government
(USIA or USAID) sponsored educational and cultural exchanges.
(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.
(d) Persons exempted by international agreement as determined by No fee.
the Department.

(e) Persons travelling to participate in charitable activities as deter- No fee.
mined by the Department.

56. Nonimmigrant visa issuance fee, including border crossing cards

57. EXEMPTIONS from nonimmigrant visa issuance fee:

RECIPROCAL.

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(c) Waiver of immigrant visa ineligibility (collected for INS; subject to $95.00.
change).

60. Filing immigrant visa petition (collected for INS; subject to change)
(Items nos. 61-64 vacant.)

65. Non-emergency telephone calls

Administrative Services

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.
67. Transportation charges incurred in the performance of fee and no-fee serv-
ices when appropriate and necessary.

68. Emergency passport photo service overseas

69. Return check processing fee (only in the United States)

$80.00.

Local long distance rate plus $10.00. $20.00.

Costs incurred.

No fee.
$25.00.

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70. Consular time charges as required by this schedule or for fee services per- Per hour, $180.00 plus costs incurred. formed away from the office or after-duty-hours.

71. Photocopies (provided other than pursuant to 22 CFR Part 171 or order of Per page, $1.00.

a court of competent jurisdiction).

(Item nos. 72-80 vacant.)

[63 FR 5100, Jan. 30, 1998]

§ 22.2 Requests for services in the United States.

(a) Requests for records. 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.

(b) Authentication services. 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.

§ 22.3 Remittances in the United States.

(a) Type of Remittance. 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.

(b) Exact payment of fees. 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.

§ 22.4 Requests for services, Foreign Service.

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).

§ 22.5 Remittances to Foreign Service posts.

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.

(a) Time at which fees become payable. Fees are due and payble prior to issue or delivery to the interested party of a

signed document, a copy of a record, or other paper representative of a service performed.

(b) Receipt for fees; register of services. 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.

(c) Deposits to guarantee payment of fees or incidental costs. 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.

$22.6 Refund of fees.

(a) Fees which have been collected for deposit in the Treasury are refundable:

(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);

(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

(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 impracti

cable to have the facts reviewed and refunded effected by and at the direction of the responsible consular office.

See § 13.1 of this chapter concerning refunds of fees improperly exacted by consular officers who have neglected to return the same.

(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.

[52 FR 29515, Aug. 10, 1987]

$22.7 Collection and return of fees.

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.

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