the owners and all amendments thereto.

(2) Proof of citizenship of officers and directors of the corporation or of the partners, or of a sole individual owner, as the case may be.

(3) Affidavit of an officer of the corporation as to the citizenship status of the stockholders as far as known.

(4) Receipt for payment of fine, fees, or other direct charge.

(5) Proof to substantiate all other expenses for which claim is made, consisting of receipts, vouchers, etc.

(6) Log of the vessel seized.

(7) Records of any hearings conducted by authorities of the government making the seizure relative to such sei

§ 87.1 Transfers to American ownership.

When a vessel has been transferred abroad from foreign to United States ownership, a consular officer shall, when requested, perform the following services for the purchaser or purchasers of the vessel:

(a) Take an acknowledgment of the execution of the bill of sale for the vessel and make the bill of sale a matter of record in the Foreign Service office; and

(b) Either issue a Provisional Certificate of Registry (Customs Form 1266A) for the vessel, provided the purchaser or purchasers desire to have it documented under the laws of the United States, and provided the Commissioner of Customs, Department of the Treasury, first approves the issuance of such a certificate; or if the purchaser or purchasers do not desire or intend to have the vessel documented under the laws of the United States, issue a Certificate of American Ownership for the vessel, provided approval of the Department of State is obtained in advance. A Certificate of American Ownership is prima facie proof that the vessel concerned was transferred to United States ownership, that the transfer was made in good faith, and that the owners are United States citizens.

(Sec. 302, 60 Stat. 1001; 22 U.S.C. 842) [22 FR 10858, Dec. 27, 1957]

§ 87.2 Transfers of American vessels to aliens or to foreign registry.

A consular officer shall, upon request, inform interested parties that formal written application for the approval of the Maritime Administration must be filed, in duplicate, on Form MA-29. Upon completion by the applicants of the necessary documents for the Maritime Administration, the consular officer may transmit such documents for them to the Maritime Administration through the Department of State. A consular officer shall, upon receipt of a request to perform any services connected with the actual transfer of a vessel or an interest therein to any person not a United States citizen, ascertain whether the transaction has been approved by the Maritime Administration. If it has, the

consular officer shall perform any notarial services connected with the transaction, and shall submit a complete report in the premises to the Department of State for transmittal to the Maritime Administration, accompanied by a certified copy of the bill of sale, mortgage, lease, charter, or such other evidence of the transfer as may be obtainable. If the transaction has not been approved by the Maritime Administration, the consular officer shall inform the parties in interest of the penalties attached by reason of failure to procure the required approval, and shall submit a complete report in the premises to the Department of State for transmittal to the Maritime Administration.

(Sec. 302, 60 Stat. 1001; 22 U.S.C. 842) [22 FR 10858, Dec. 27, 1957)

CROSS REFERENCE. For regulations relating to transfers of vessels of war to foreign registry, see § 123.08 of this chapter.

Sec.

PART 88-FEES FOR SERVICES

88.1 Services for American vessels. 88.3 Services for foreign vessels.

§ 88.1 Services for American vessels.

No fees are chargeable for services performed for a public vessel or for a vessel regularly documented under the laws of the United States, regardless of whether such vessel was built in the United States or abroad.

(Sec. 302, 60 Stat. 1001; 22 U.S.C. 842) [22 FR 10858, Dec. 27, 1957]

§ 88.3 Services for foreign vessels.

The fees prescribed under the caption "Services Relating to Vessels and Seamen" in the Tariff of Fees, Foreign Service of the United States of America (§ 22.1 of this chapter), shall be charged and collected for services performed for foreign vessels.

(Sec. 302, 60 Stat. 1001; 22 U.S.C. 842) [22 FR 10858, Dec. 27, 1957]

Sec.

PART 91-IMPORT CONTROLS

91.1 Answering inquiries regarding tariff acts and custom regulations.

91.2 Furnishing samples to collectors of customs or appraising officers. 91.3 Assistance to Customs and Tariff Commission representatives.

91.4 Alcoholic liquors on vessels of not over 500 tons.

AUTHORITY: Sec. 4, 63 Stat. 111, as amended; 22 U.S.C. 2658.

SOURCE: 22 FR 10858, Dec. 27, 1957, unless otherwise noted.

§ 91.1 Answering inquiries regarding tariff acts and customs regulations.

In replying to inquiries received from exporters, travelers, or other interested parties, concerning tariff acts or customs regulations, consular officers shall refrain from giving, or appearing to give, decisions pertaining to matters upon which hey are not competent to pass.

§ 91.2 Furnishing samples to collectors of customs or appraising officers.

Upon the receipt of a request therefor from a collector of customs or appraising officer of the Government of the United States, a consular officer shall procure and forward samples of merchandise being imported or offered for importation into the United States from his particular district.

§ 91.3 Assistance to Customs and Tariff Commission representatives.

Consular officers shall render all proper assistance to Customs and Tariff Commission representatives abroad to aid them in the performance of their official duties.

§ 91.4 Alcoholic liquors on vessels of not over 500 tons.

(a) Upon request of interested shippers or masters of vessels at ports in the consular district other than the place where the consular office is situated, consular officers shall designate one or more reputable individuals residing in each such port, as authorized persons to witness the signatures of

the masters of vessels of not over 500 net tons when affixed to declarations covering shipments of alcoholic liquors destined to the United States, and to issue certificates therefor as contemplated by section 7 of the AntiSmuggling Act of 1935 (49 Stat. 520; 19 U.S.C. 1707). Any person so designated by a consular officer to issue such certificates shall state in each of his certificates that he has no interest in the shipment described therein. Having delivered the original document to the master, he shall forward the duplicate to the consular office for retention.

(b) Consular officers shall, with respect to declarations of masters of vessels of not over 500 net tons in instances in which the port of shipment is the same place as, or conveniently near to, the location of the consular office, supply their certifications directly as contemplated by the said section of the Anti-Smuggling Act. They shall retain, over the interval prescribed in the applicable records retirement schedule, a copy of each document so certified by them. They shall similarly retain the copies of the certifications supplied by authorized persons in outlying ports of the consular district, as set forth in the preceding subsection.

(c) This section, read together with § 4.13, Title 19, of the Code of Federal Regulations, comprises the joint regulations contemplated for issuance by the Secretary of State and the Secretary of the Treasury under section 7 of the Anti-Smuggling Act of 1935. [32 FR 12588, Aug. 30, 1967]

Sec.

92.5 Acceptability of notarial acts under State or territorial law.

92.6 Authority of officers of the Foreign Service under international practice. 92.7 Responsibility of officers of the Foreign Service.

GENERAL NOTARIAL PROCEDURES

92.8 Compliance with request for notarial services.

92.9 Refusals of requests for notarial services.

92.10 Specific waiver in notarial certificate. 92.11 Preparation of legal documents. 92.12 Necessity for certification of notarial acts.

92.13 Form of notarial certificate. 92.14 Venue on notarial certificates. 92.15 Signing notarial certificate. 92.16 Sealing the notarial certificate. 92.17 Fastening of pages.

SPECIFIC NOTARIAL ACTS

92.18 Oaths and affirmations defined. 92.19 Administering an oath.

92.20 Administering an affirmation.

92.21 Notarial certificate to oath or affir

92.50 Use of depositions in court actions. 92.51 Methods of taking depositions in foreign countries.

92.52 "Deposition on notice" defined. 92.53 "Commission to take depositions" defined.

92.54 "Letters rogatory" defined.

92.55 Consular authority and responsibility for taking depositions.

92.56 Summary of procedure for taking depositions.

92.57 Oral examination of witnesses. 92.58 Examination on basis of written interrogatories.

92.59 92.60

Recording of objections.

Examination procedures.

92.61 Transcription and signing of record of examination.

92.62 Captioning and certifying depositions.

92.63 Arrangement of papers.

92.64 Filing depositions.

92.65 Depositions to prove genuineness of foreign documents.

92.66 Depositions taken before foreign officials or other persons in a foreign country.

92.67 Taking of depositions in United States pursuant to foreign letters rogatory.

92.68 Foreign Service fees and incidental costs in the taking of evidence.

92.69 Charges payable to foreign officials, witnesses, foreign counsel, and interpreters.

92.70 Special fees for depositions in connection with foreign documents.

92.71 Fees for letters rogatory executed by officials in the United States.

MISCELLANEOUS NOTARIAL SERVICES

92.72 Services in connection with patents and patent applications.

92.73 Services in connection with trademark registrations.

92.74 Services in connection with United States securities or interests therein. 92.75 Services in connection with income tax returns.

COPYING, RECORDING, TRANSLATING AND PROCURING DOCUMENTS

92.40 Authentication of foreign extradition

papers.

92.41 Limitations to be observed in authenticating documents.

92.42 Certification of copies of foreign records relating to land titles.

92.43 Fees for notarial services and authentications.

92.44 Fees for protesting nonpayment of bills of exchange.

92.48 No-fee services.

DEPOSITIONS AND LETTERS ROGATORY 92.49 Deposition defined.

92.79 Procuring copies of foreign public documents.

92.80 Obtaining American vital statistics

records.

QUASI-LEGAL SERVICES

92.81 Performance of legal services.

92.82 Recommending attorneys or notaries. 92.84 Legal process defined.

92.85 Service of legal process usually prohibited.

92.86 Consular responsibility for serving subpoenas.

92.87 Consular responsibility for serving orders to show cause.

92.88 Consular procedure.

92.89 Fees for service of legal process. 92.90 Delivering documents pertaining to the revocation of naturalization. 92.91 Service of documents at request of Congressional committees.

92.92 Service of legal process under provisions of State law. 92.93 Notarial services or authentications connected with service of process by other persons.

92.94 Replying to inquiries regarding service of process or other documents. 92.95 Transportation of witnesses to the United States.

AUTHORITY: Sec. 302, 60 Stat. 1001; 22 U.S.C. 842, unless otherwise noted.

SOURCE: 22 FR 10858, Dec. 27, 1957, unless otherwise noted.

(a) In the United States the term "notary" or "notary public" means a public officer qualified and bonded under the laws of a particular jurisdiction for the performance of notarial acts, usually in connection with the execution of some document.

(b) The term "notarial act" means an act recognized by law or usage as pertaining to the office of a notary public.

(c) The term "notarial certificate” may be defined as the signed and sealed statement to which a "notarial act" is almost invariably reduced. The "notarial certificate" attests to the performance of the act by the notary, and may be an independent document or as in general American notarial practice, may be placed on or attached to the notarized document.

§ 92.2 Description of notarial functions of the Foreign Service; record of acts. The notarial function of officers of the Foreign Service is similar to the function of a notary public in the United States. See § 22.5 of this chapter concerning the giving of receipts for fees collected and the maintenances of a register serving the same purposes as the record which notaries

are usually expected or required to keep of their official acts.

§ 92.3 Consular districts.

Where consular districts have been established, the geographic limits of the district determine the area in which notarial acts can be performed by the consular officer. See § 92.41 (b) regarding authentication of the seals and signatures of foreign officials outside the consular district.

[27 FR 12616, Dec. 20, 1962]

§ 92.4 Authority of officers of the Foreign Service under the Federal law.

or

(a) Every secretary of embassy or legation is authorized, whenever he is required or deems it necessary proper so to do, at the post, port, place, or within the limits of his embassy or legation, and every consular officer of the United States is required whenever application is made to him therefor within the limits of his consulate, to administer to or take from any person any oath, affirmation, affidavit, or deposition, and to perform any notarial act which any notary public required or authorized by law to do within the United States (R.S. 1750; secs. 3 and 7 of the act of April 5, 1906, 34 Stat. 99; 22 U.S.C. 1195, 1203). The language "within the limits of his consulate❞ is construed to mean within the geographic limits of his consular district. With respect to notarial acts performed away from his office, see § 92.7. Notarial acts shall be performed only if their performance is authorized by treaty provisions or is permitted by the laws or authorities of the country wherein the officer is stationed.

(b) These acts may be performed for any person regardless of nationality so long as the document in connection with which the notarial service is required is for use within the jurisdiction of the Federal Government of the United States or within the jurisdiction of one of the States or Territories of the United States. (However, see also § 92.6.) Within the Federal jurisIdiction of the United States, these acts, when certified under the hand and seal of office of the notarizing officer are valid and of like force and