[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR72.28]

[Page 355-356]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 72_DEATHS AND ESTATES--Table of Contents
 
Sec. 72.28  Effects to be taken into possession.

    Although no limitations are placed by law (22 U.S.C. 1175) on the 
nature and extent of the personal property that should be taken into 
possession by the consular officer in the absence of a legal 
representative, experience has shown that the need exists to delimit by 
regulation the consular officer's obligations, but not his authority, in 
this regard. For example, the consular officer would not normally be 
expected to take physical possession of the articles covered in Sec. 
72.29 unless the items are of such nature and quantity as to be readily 
included with the personal effects of the nature described in this 
section, or unless such action, when physically possible, is necessary 
for the preservation or protection of the property. The consular officer 
does, however, have responsibility for taking

[[Page 356]]

reasonable steps to safeguard the articles of the personal estate which 
he does not take into possession until disposition can be effected by 
the legal representative. The personal effects which the consular 
officer would normally take into possession in any event include the 
following:
    (a) Convertible assets, consisting of currency, redeemable 
transportation tickets, evidences of debts due and payable in the 
country of the officer's assignment, and any other instruments 
negotiable by the consular officer;
    (b) Perishable property (including most foodstuffs), having 
commercial value;
    (c) Luggage;
    (d) Wearing apparel;
    (e) Miscellaneous personal effects;
    (f) Jewelry, heirlooms and articles of sentimental value;
    (g) Non-negotiable instruments, defined as any document or 
instrument not saleable or transferrable by the consular officer, but 
which requires either the signature of the decedent or action by, or 
endorsement of, his legal representative; and includes transportation 
tickets not redeemed or redeemable by the consular officer, traveler's 
checks, promissory notes, evidences of debts not due and payable in the 
country of the officer's assignment, stocks, bonds or other similar 
instruments, bank books, books showing deposits in building and loan 
associations, etc. No fee is charged on non-negotiable instruments taken 
into possession by the consular officer; see Sec. 72.53.
    (h) Personal documents and papers.