[Code of Federal Regulations]

[Title 22, Volume 1]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 22CFR92.4]



[Page 362-363]

 

                       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 363]]



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]