[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR72.29]

[Page 357]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 72--DEATHS AND ESTATES--Table of Contents
 
Sec. 72.29  Nominal possessions; property not normally taken into possession.

    (a) The taking of articles of personal property into nominal 
possession from local officials or other persons, for the explicit 
purpose of on-the-spot release to the ``legal representative'' as 
defined in Sec. 72.18 against the latter's memorandum receipt 
discharging the consular officer without further accounting of any 
responsibility for articles so transferred by him, shall not be 
construed as the taking of custody by the officer. No fee shall be 
charged for the consular officer's service in effecting transfer of the 
articles in the manner described, provided that he is not required to 
prepare a consular inventory, appraise the articles, or list the 
contents of containers, and provided further that the effects are not 
taken in safekeeping upon official accountability.
    (b) The consular officer is not normally expected to take physical 
possession, as provisional conservator, of livestock or of articles of 
personal property which may be found in residences and places of storage 
such as furniture, household effects and furnishings, bulky works of 
art, etc., unless the items are of such nature and quantity as to be 
readily included with the personal effects (Sec. 72.28), or unless such 
action, when physically possible, is necessary for the preservation or 
protection of the property, especially where the articles are of 
considerable intrinsic value; nor is the consular officer normally 
expected to take into physical possession motor vehicles, airplanes, or 
powered watercraft. Personal property not taken into possession should, 
however, be safeguarded by affixing the consular seal on the premises or 
on the property (whichever is appropriate), provided the laws of the 
country permit; or by taking reasonable steps to ensure that such items 
are placed in safekeeping (at the expense of the estate) until action 
can be taken by the legal representative. In order to protect the 
interests of the estate, the consular officer should prepare a list, in 
quintuplicate, of the articles not taken into physical custody, with 
indication of safeguarding measures taken, for submission with the 
inventory of effects which must be prepared for all items in his 
possession (see Sec. 72.53). If the property which normally would be 
sealed by the consular officer is not immediately accessible, he should 
consider requesting the local authorities to seal the premises, or the 
property, or otherwise ensure that the property remains intact until 
consular seals can be placed thereon or the property placed in safe 
storage, or until the legal representative assumes responsibility 
therefor.