thentication 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, D.C. 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 orderpostal, 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 noncommercial basis. This schedule of fees shall be kept posted in a conspicuous place in each Foreign Service consular office, subject to the examina

tion 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 serv ices. 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 of ficers 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.

(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 impracticable 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)

8 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

§ 23.1 Remittances made payable to the Department of State.

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.)

§ 23.2 Endorsing remittances for deposit in the Treasury. 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

§ 23.5 Claims for settlement by Department of State or General Accounting Office.

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:

(a) Refunds of amounts representing payroll deductions such as for any retirement and disability fund;

(b) Amounts due deceased, incompetent, or insolvent persons including payees or bona fide holders of unpaid Government checks;

(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

(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.

PART 31-ADMINISTRATIVE SETTLEMENT OF TORT CLAIMS AND CERTAIN PROPERTY DAMAGE CLAIMS

Sec.

31.1 Purpose.

31.2 Delegation of authority.

Subpart A-General Provisions

31.3 Definitions.

31.4 Action by claimant.

31.5 Penaltics.

31.6 Investigation of claims.

31.7 Determination of claims.

31.8 Adjustment or settlement of claims. 31.9 Payment of claims.

31.10 Final denial of claim.

Subpart B-Federal Tort Claims Act

31.11 General.

31.12 Allowable claims.

31.13 Claims not allowable.

31.14 Limitations.

31.15 Acceptance of award or settlement by claimant.

31.16 Attorneys' fees.

31.17 Effective date.

Subpart C-Act of August 1, 1956

31.18 General.

Subpart D-Act of June 19, 1939

31.19 General.

31.20 Exclusion.

31.21 Limitations.

31.22 Action by claimant. 31.23 Payment of claim.

AUTHORITY: 49 Stat. 906, as amended, sec. 4, 63 Stat. 111, as amended, sec. 2, 70 Stat. 890, sec. 1, 62 Stat. 983, as amended at 80 Stat. 306; 22 U.S.C. 277e, 2658, 2669, 28 U.S.C. 2672; 28 CFR 14.11.

SOURCE: 32 FR 4020, Mar. 14, 1967, unless otherwise noted.

§ 31.1 Purpose.

The purpose of this part is to establish and provide a procedure for the preparation and submission of claims for personal injury, death, and property loss or damage capable of administrative settlement under the Federal Tort Claims Act (28 U.S.C. 2672), as amended and the act of August 1, 1956 (5 U.S.C. 170g), and claims for property loss or damage cognizable under the act of June 19, 1939 (22 U.S.C. 277e),

and to authorize certain officers of the Department of State and of the U.S. Section, International Boundary and Water Commission, United States and Mexico, to consider, ascertain, adjust, determine, and settle such claims.

§ 31.2 Delegation of authority.

The Legal Adviser, the Deputy Legal Advisers and the Assistant Legal Adviser are authorized to consider, ascertain, adjust, determine, compromise, and settle claims capable of administrative settlement under the Federal Tort Claims Act and the act of August 1, 1956, except claims arising out of activities of the Commission and except that the Assistant Legal Adviser may only award, compromise or settle claims in the amount of $2,500 or less. Awards in excess of $25,000 require approval by the Attorney General or his designee. Chief's of mission and principal officers of fiscal reporting posts are authorized to consider, ascertain, adjust, determine and settle claims in an amount of $1,000 or less which are capable of administrative settlement under the act of August 1, 1956, arising out of the activities of their respective establishments. The Commissioner is authorized to consider, ascertain, adjust, determine, and settle claims cognizable under the Federal Tort Claims Act and the act of June 19, 1939, arising out of activities of the Commission.

[32 FR 4020, Mar. 14, 1967, as amended at 52 FR 43193, Nov. 11, 1987]

(d) "Legal Adviser" means the Legal Adviser of the Department of State.

(e) "Deputy Legal Advisers" means the Deputy Legal Advisers of the Department of State.

(f) "Chiefs of mission" means principal officers appointed by the President, by and with the advice and consent of the Senate, in charge of embassies or legations of the United States.

(g) "Principal officers of fiscal reporting posts" means principal officers in charge of embassies, legations, or other diplomatic missions, or of a consulate general or consulate of the United States, which are designated fiscal reporting posts by the Department of State.

(h) "Commissioner" means the U.S. Commissioner, International Boundary and Water Commission, United States and Mexico.

(i) "Employee" includes any officer or employee of the Department or the Commission, or any person acting on behalf of the Department or the Commission in an official capacity, temporarily or permanently in the service of the Department or the Commission, whether with or without compensation. It does not include the employee of a contractor with the United States.

(j) "Assistant Legal Adviser" means the Assistant Legal Adviser for International Claims and Investment Disputes of the Department of State.

[32 FR 4020, Mar. 14, 1967, as amended at 52 FR 43193, Nov. 11, 1987]

§ 31.4 Action by claimant.

(a) Claimant. Claims for property loss or damage may be filed by the owner of the property, his or her duly authorized agent or legal representative, or survivors. A claim for loss wholly compensated by an insurer with the rights of a subrogee may be presented by the insurer. A claim for loss partially compensated by an insurer with the rights of a subrogee may be presented by the parties individually as their respective interests appear, or jointly. Claims for personal injury may be filed by the injured person, his or her duly authorized agent or legal representative. Claims for death may be filed by the executor or administrator of the decedent's estate, or by any other person legally

or beneficially entitled to assert such a claim in accordance with applicable local law governing the rights of survivors. When filed by an agent or legal representative, the claim must be presented in the name of the real claimant, be signed by the agent or legal representative, show the title or legal capacity of the person signing and be accompanied by evidence of his or her authority to present a claim on behalf of the claimant as agent, legal representative, executor, administrator, parent, guardian, or other legal representative.

(b) Form of claim. Claims arising in the United States and in the Territories and possessions of the United States should be prepared, in duplicate, on the standard form, "Claim for Damage or Injury," promulgated by the Bureau of the Budget. Copies of this form will be furnished upon a request to the Department or the Commission, as the case may be. All information requested therein should be given in detail. It is especially important that the amount claimed for property damage and for personal injury be indicated in the spaces provided. Claims arising in foreign countries should be prepared in form of a sworn statement and submitted in duplicate. The original copy of the claim should be sworn to or affirmed before an official with authority to administer oaths or affirmations and should contain the following information, at least: (1) The name and address of the claimant; (2) the amount claimed for injury or death and for property loss or damage; (3) if property was lost or damaged, the amount paid or payable by the insurer and the name of the insurer; (4) the facts and circumstances in detail giving rise to the claim including the date, place and time of the accident or incident; (5) if property was involved, a description of the same and of the nature and extent of the damage and of the cost of repair or replacement; (6) if personal injury was involved, the nature of the injury, the cost of medical services and time and income lost from incapacitation; (7) if death is involved, the names and ages of the claimants and their relationship to the decedent; (8) the name of the employee of the United States who is