[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: 22CFR92.41]



[Page 371-372]

 

                       TITLE 22--FOREIGN RELATIONS

 

                     CHAPTER I--DEPARTMENT OF STATE

 

PART 92_NOTARIAL AND RELATED SERVICES--Table of Contents

 

Sec.  92.41  Limitations to be observed in authenticating documents.



    (a) Unknown seals and signatures. A consular officer should not 

authenticate a seal and signature not known to him. See Sec.  92.37(a) 

regarding the necessity for making a comparison with a specimen seal and 

signature.

    (b) Foreign officials outside consular district. A consular officer 

should not authenticate the seals and signatures of foreign officials 

outside his consular district.

    (c) Officials in the United States. Consular officers are not 

competent to authenticate the seals and signatures of notaries public or 

other officials in the United States. However, diplomatic and consular 

officers stationed at a United States diplomatic mission may certify to 

the seal of the Department of State (not the signature of the Secretary 

of State) if this is requested or required in particular cases by the 

national authorities of the foreign country.

    (d) Photostat copies. Consular officers should not authenticate 

facsimiles of signatures and seals on photographic reproductions of 

documents. They may, however, authenticate original signatures and seals 

on such photographic reproductions.

    (e) Matters outside consular officer's knowledge. A consular officer 

should not include in his certificate of authentication statements which 

are not within his power or knowledge to make. Since consular officers 

are not expected to be familiar with the provisions of foreign law, 

except in a general sense, they are especially cautioned not to certify 

that a document has been executed or certified in accordance with 

foreign law, nor to certify that a document is a valid document in a 

foreign country.

    (f) United States officials in foreign countries. An authentication 

by a United States consular officer is performed primarily to cause the 

official characters and positions of foreign officials to be known and 

recognized in the United States. Consular officers should not, 

therefore, undertake to authenticate the seals and signatures of other 

United States officials who may be residing in their consular districts.



[[Page 372]]



    (g) Officers of the Foreign Service in other countries. An officer 

of the Foreign Service stationed in one country is not expected to 

authenticate the signature or seal of an officer of the Foreign Service 

stationed in another country. When it is necessary for the seal and 

signature of an officer of the Foreign Service to be authenticated, such 

authentication will be done in the Department of State. An official of a 

foreign government requesting the authentication of the seal and 

signature of an officer of the United States Foreign Service who is, or 

was, stationed in another country should be informed that the document 

to be authenticated will have to be sent to the Department for this 

purpose. Any document bearing the seal and signature of an officer of 

the Foreign Service which is received at a Foreign Service post from a 

person in the United States with the request that it be further 

authenticated should be referred to the Department of State.