[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR92.4]

[Page 372-373]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 92--NOTARIAL AND RELATED SERVICES--Table of Contents
 
Sec. 92.4  Authority of notarizing officers of the Department of State under Federal law.

    (a) All notarizing officers are required, when application is made 
to them within the geographic limits of their consular district, to 
administer to and take from any person any oath, affirmation, affidavit, 
or deposition, and to perform any notarial act which

[[Page 373]]

any notary public is required or authorized by law to perform within the 
United States. The term ``notarial act'' as used herein shall not 
include the performance of extraordinary acts, such as marriages, that 
have not been traditionally regarded as notarial, notwithstanding that 
notary publics may be authorized to perform such acts in some of the 
states of the United States. If a request is made to perform an act that 
the notarizing officer believes is not properly regarded as notarial 
within the meaning of this regulation, the officer shall not perform the 
act unless expressly authorized by the Department upon its determination 
that the act is a notarial act within the meaning of 22 U.S.C. 4215 and 
4221. The language ``within the limits of the consulate'' is construed 
to mean within the geographic limits of a consular district. With 
respect to notarial acts performed by notarizing officers away from 
their office, see Sec. 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 notarizing 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 Sec. 92.6.) Within the Federal jurisdiction 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 effect as if 
performed by any duly authorized and competent person within the United 
States. Documents bearing the seal and signature of a secretary of 
embassy or legation, consular officer (including consul general, vice 
consul or consular agent) are admissible in evidence within the Federal 
jurisdiction without proof of any such seal or signature being genuine 
or of the official character of the notarizing officer.
    (c) Every notarizing officer may perform notarial acts for use in 
countries occupied by the United States or under its administrative 
jurisdiction, provided the officer has reason to believe that the 
notarial act will be recognized in the country where it is intended to 
be used. These acts may be performed for United States citizens and for 
nationals of the occupied or administered countries, who reside outside 
such countries, except in areas where another government is protecting 
the interests of the occupied or administered country.
    (d) Chiefs of mission, that is, ambassadors and ministers, have no 
authority under Federal law to perform notarial acts except in 
connection with the authentication of extradition papers (see 
Sec. 92.40).
    (e) Consular agents have authority to perform notarial services but 
acting consular agents do not.

[22 FR 10858, Dec. 27, 1957, as amended at 27 FR 12616, Dec. 20, 1962; 
60 FR 51721, Oct. 3, 1995]