(1) Desegregating the races in each employment facility:

(a) Removing all race designation signs; (b) Desegregating all eating, medical, recreation, and work facilities; and

(c) Terminating all regulations which are based on racial discrimination or preference. (2) Providing equal employment opportunity for all employees without regard to race or ethnic origin:

(a) Assuring that any health, accident, pension, or death benefit plans that are established are nondiscriminatory and open to ail employees without regard to race or ethnic origin; and

(b) Implementing equal and nondiscrimmatory terms and conditions of employment for all employees, abolishing job restrictions and differential employment critera which discriminate on the basis of race or ethnic origin.

(3) Assuring that the pay system is applied to all employees without regard to race or ethnic origins:

(a) Assuring that any wage and salary structure that is implemented is applied equally to all employees without regard to race or ethnic origin;

(b) Eliminating any distinctions between hourly and salaried job classifications on the basis of race or ethnic origin; and

(e) Eliminating any differences in seniority and in grade benefits which are based on race or ethnic origin.

(4) Establishing a minimum wage and salary structure based on the appropriate jocal minimum economic level which takes nto account the needs of employees and their families:

(a) Offering a minimum wage or salary structure that is 30 percent or more higher than the most recent University of South Africa Minimum Living Level for a family of 5 or 6 for the area in which the South African subsidiary or affiliate operates; or

(b) Offering a minimum wage or salary that is 30 percent or more higher than the most recent University of Port Elizabeth Household Subsistence Level for a family of 5 or 6 for the area in which the South African subsidiary or affiliate operates.

(5) Increasing, by appropriate means, the number of persons in managerial, supervisory, administrative, clerical, and technical jobs who are disadvantaged by the apartheid system for the purpose of significantly increasing their representation in such jobs:

(a) Developing training programs that will prepare substantial numbers of persons disadvantaged by apartheid for such jobs as soon as possible, including: (i) Expanding existing programs and forming new programs to train, upgrade, and improve the skills of all categories of employees, including establishing and expanding programs to enable employees to further education and skills at recognized educational facilities;

and (ii) creating on-the-job training programs and facilities to assist employees to advance to higher paying jobs requiring greater skills.

(b) Establishing procedures to assess, identify, and actively recruit employees with potential for further advancement;

(c) Identifying persons disadvantaged by apartheid with significant management potential and enrolling them in accelerated management programs; and

(d) Establishing timetables to carry out this principle.

(6) Taking reasonable steps to improve the quality of employee's lives outside the work environment with respect to housing, transportation, schooling, recreation, and

health:

(a) Providing assistance to employees disadvantaged by apartheid for housing, health care, transportation, and recreation either through the provision of facilities or services or providing financial assistance to employees for such purposes, including the expansion or creation of in-house medical facilities or other medical programs to improve medical care for employees disadvantaged by apartheid and their dependents; and

(b) Participating in the development of programs that address the educational needs of employees, their dependents, and the community.

(7) Implementing fair practices by recognizing the right of all employees, regardless of racial or other distinctions, to self-organization and to form, join, or assist labor organizations, freely and without penalty or reprisal, and recognizing the right to refrain from any such activity:

(a) Refraining from: (i) interfering with, restraining, or coercing employees in the exercise of their rights of self-organization under this paragraph; (ii) dominating or interfering with the formation or administration of any labor organization or sponsoring, controlling, or contributing financial or other assistance to it; (iii) encouraging or discouraging membership in any labor organization by discrimination in regard to hiring, tenure, promotion, or other conditions of employment; (iv) discharging or otherwise disciplining or discriminating against any employee who has exercised any rights of self-organization under this principle; and (v) refusing to bargain collective with any organization freely chosen by employees pursuant to this principle.

(b) Allowing employees to exercise rights of self-organization, including solicitation of fellow employees during nonworking hours, distribution and posting of union literature by employees during nonworking hours in nonworking areas, and reasonable access to labor organization representatives to communicate with employees on the employer's

PART 71-PROTECTION AND WELFARE OF CITIZENS AND THEIR PROPERTY

Subpart A-General Activities

Protection of Americans abroad.

12 Requests for naval force in foreign port.

3 American claimants to foreign estates and inheritances.

24 Real property of deceased American etizens.

Storage or safekeeping of private property.

26 Services for distressed Americans. .7 Reports on catastrophes abroad. 8 Assistance to American Red Cross. 9 Presentation of Americans at foreign courts.

Subpart B-Emergency Medical/Dietary Assistance for U.S. Nationals Incarcerated Abroad

10 Emergency medical assistance. Short-term full diet program.

112 Dietary supplements.

AUTHORITY: Sec. 4, 63 Stat. 111, as amend22 U.S.C. 2658, 2670); Pub. L. 95-45 (91 Stat. 221).

SOURCE: 22 FR 10841, Dec. 27, 1957, unless otherwise noted.

Subpart A-General Activities

#71.1 Protection of Americans abroad. Officers of the Foreign Service shall perform such duties in connection with the protection of American nationals abroad as may be imposed pon them by rules and regulations prescribed by the Secretary of State. $71.2 Requests for naval force in foreign port.

Diplomatic representatives and consular officers shall not request the presence of a naval force in a foreign port unless a public emergency so necessitates. The request may be addressed to the officers in command of the naval force, in which event responsibility of action rests with them, or it may be addressed to the Department of State. In either case, the request

should contain detailed reasons for its submission.

§ 71.3 American claimants to foreign estates and inheritances.

Where treaty provisions, local laws, or established usage permit, a consular officer should protect the interests of American citizens claiming foreign estates and inheritances.

§ 71.4 Real property of deceased American citizens.

In the absence of special provisions by treaty the devolution and transfer of real property are covered by the law of the place where the property is situated. When real property is left by the decedent within the country where death occurs, or where the decedent was domiciled at the time of death, the consular officer, or diplomatic officer, if there be no consular officer, should if feasible informally observe the proceedings and report to the diplomatic mission or the Department any apparent irregularity or unnecessary delay in settling the estate.

§ 71.5 Storage or safekeeping of private property.

Except in a public emergency, no officer of the Foreign Service shall accept private property for storage or safekeeping in the office or for transmission to some other destination, unless it is property belonging to the estate of a deceased American citizen, or property over which the officer has jurisdiction as a result of a catastrophe at sea. In public emergencies, officers may accept private property for storage and safekeeping or for transmission to another destination, provided the owner signs a statement to the effect that the property is being accepted for deposit at his request, at his own risk, and with full knowledge that neither the Government of the United States nor any of its officers assumes responsibility therefor.

30-075 0-89-9

[31 FR 13540, Oct. 20, 1966, as amended at 49 FR 16989, Apr. 23, 1984]

8 51.82 Notice of hearing.

The person adversely affected shall receive not less than 5 business days' notice in writing of the scheduled date and place of the hearing.

§ 51.83 Functions of the hearing officer. The hearing officer shall act on all requests for review under § 51.81. He shall make findings of fact and submit recommendations to the Administrator of the Bureau of Security and Consular Affairs. In making his or her findings and recommendations, the hearing officer shall not consider confidential security information unless that information is made available to the person adversely affected and is made part of the record of the hearing.

(22 U.S.C. 2658 and 3926)

[31 FR 13540, Oct. 20, 1966, as amended at 49 FR 16989, Apr. 23, 1984]

§ 51.84 Appearance at hearing.

The person adversely affected may appear at the hearing in person or with his or her attorney, or by his or her attorney. The attorney must possess the qualifications prescribed for practice before the Board of Appellate Review or be admitted to practice before the courts of the country in which the hearing is to be held.

(22 U.S.C. 2658 and 3926)

[36 FR 9068, May 19, 1971, as amended at 49 FR 16989, Apr. 23, 1984]

§ 51.85 Proceedings before the hearing officer.

The person adversely affected may appear and testify in his or her own behalf and may himself, or by his or her attorney, present witnesses and offer other evidence and make argument. If any witness whom the person adversely affected wishes to call is unable to appear in person, the hearing officer may, in his or her discretion, accept an affidavit by the witness or order evidence to be taken by deposition. The person adversely affected shall be entitled to be informed of all the evidence before the hearing officer and of the source of such evidence,

and shall be entitled to confront and cross-examine any adverse witness. The person shall, upon request by the hearing officer, confirm his or her oral statements in an affidavit for the record.

(22 U.S.C. 2658 and 3926)

[31 FR 13540, Oct. 20, 1966, as amended at 49 FR 16989, Apr. 23, 1984]

§ 51.86 Admissibility of evidence.

The person adversely affected and the Department may introduce such evidence as the hearing officer deems proper. Formal rules of evidence shall not apply, but reasonable restrictions shall be imposed as to relevancy, competency and materiality of evidence presented.

§ 51.87 Privacy of hearing.

The hearing shall be private. There shall be present at the hearing only the person adversely affected, his or her attorney, the hearing officer, official stenographers, employees of the Department directly concerned with the presentation of the case, and the witnesses. Witnesses shall be present at the hearing only while actually giving testimony or when otherwise directed by the hearing officer.

(22 U.S.C. 2658 and 3926)

[31 FR 13540, Oct. 20, 1966, as amended at 49 FR 16989, Apr. 23, 1984]

§ 51.88 Transcript of hearing.

A complete verbatim stenographic transcript shall be made of the hearing by a qualified reporter, and the transcript shall constitute a permanent part of the record. Upon request, the appellant or his or her counsel shall be entitled to inspect the complete transcript and to purchase a copy thereof.

(22 U.S.C. 2658 and 3926)

[31 FR 13540, Oct. 20, 1966, as amended at 49 FR 16989, Apr. 23, 1984]

§ 51.89 Decision of Assistant Secretary for Consular Affairs; notice of right to appeal.

The person adversely affected shall be promptly notified in writing of the decision of the Assistant Secretary for Consular Affairs and, if the decision is

§ 52.2 Authentication of marriage and divorce documents.

(a) Whenver a consular officer is requested to authenticate the signature of local authorities on a document of marriage when he was not a witness to the marriage, he shall include in the body of his certificate of authentication the qualifying statement, "For the contents of the annexed document, the Consulate (General) assumes no responsibility.”

(b) A consular officer shall include the same statement in certificates of authentication accompanying decrees of divorce.

[31 FR 13546, Oct. 20, 1966. Redesignated at 51 FR 26247, July 22, 1986]

§ 52.3 Certification as to marriage laws.

Although a consular officer may have knowledge respecting the laws of marriage, he shall not issue any official certificate with respect to such laws.

[31 FR 13546, Oct. 20, 1966. Redesignated at 51 FR 26247, July 22, 1986]

A U.S. citizen is not required to bear a valid passport to enter or depart the United States:

(a) When traveling directly between parts of the United States as defined in § 50.1 of this chapter;

(b) When traveling between the United States and any country, territory, or island adjacent thereto in North, South or Central America excluding Cuba; provided, that this exception is not applicable to any such person when proceeding to or arriving from a place outside the United States for which a valid passport is required under this part if such travel is accomplished within 60 days of departure from the United States via any country or territory in North, South or Central America or any island adjacent thereto;

(c) When traveling as a bona fide seaman or air crewman who is the holder of record of a valid merchant mariner identification document or air crewman identification card;

(d) When traveling as a member of the Armed Forces of the United States on active duty;