ACS - Non-Emergency, Nov 06

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Table of Contents

PART

I:INTRODUCTION TO

AMERICAN

CITIZEN

SERVICES

.................................................................... 1Introduction ........................................................................................................................................ 1

Chapter 1 Important Concepts in ACS Work .................................................................................... 2

Overview ............................................................................................................................................ 2ACS Work is Different.......................................................................................................................3Elements of Success ........................................................................................................................... 4

Chapter 2 Basic Reference Materials................................................................................................... 6

Overview ............................................................................................................................................ 6Foreign Affairs Manuals, Handbooks ................................................................................................ 7Other Sources of ACS Information .................................................................................................. 11

Chapter 3 Everyone Does ACS Work................................................................................................ 12

Overview .......................................................................................................................................... 13

Duty Officers....................................................................................................................................14Consular Agents ............................................................................................................................... 16

PART II:NON-EMERGENCY SERVICES .................................................................................................... 17

Introduction ...................................................................................................................................... 17

Chapter 1 Information Clearinghouse............................................................................................... 18

Overview .......................................................................................................................................... 18Registration.......................................................................................................................................20Travel Information............................................................................................................................21Voting...............................................................................................................................................23Taxes ................................................................................................................................................24Referral Lists .................................................................................................................................... 25

Other Information.............................................................................................................................26

Chapter 2 Notarial and Documentary Services ................................................................................ 27

Overview .......................................................................................................................................... 27General Notarial Procedures and Policies ........................................................................................ 29Notarial Services Affidavits .......................................................................................................... 31Notarial Services Acknowledgments.............................................................................................32Notarial Services Authentications ................................................................................................. 33Notarial Services Certification of True Copy................................................................................34Limitations on Notarial Services ...................................................................................................... 35Study Exercise: Notarials ................................................................................................................. 36

Chapter 3 Federal Benefits ................................................................................................................. 41

Overview .......................................................................................................................................... 41Social Security Administration (SSA)..............................................................................................43Veterans Affairs Administration (VA).............................................................................................46Services for Other Federal Agencies ................................................................................................ 49Study Exercises: Federal Benefits .................................................................................................... 50

Chapter 4 Trade and Property Matters ............................................................................................55

Overview .......................................................................................................................................... 55General Guidelines ........................................................................................................................... 57Minor Trade Complaints, Contract Compliance Questions ............................................................. 58

2 Introduction to ACS


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Lost or Stolen Items, Safeguarding Property....................................................................................59Customs, Currency and Bribery ....................................................................................................... 61Study Exercises: Property Matters ................................................................................................... 63

Chapter 5 Judicial Assistance............................................................................................................. 68

Overview .......................................................................................................................................... 68Depositions, Other Testimony..........................................................................................................69Serving Process ................................................................................................................................ 71Extradition........................................................................................................................................ 72

Chapter 6 Review Cases ...................................................................................................................... 73

Review Cases....................................................................................................................................74Answers to Review Cases ................................................................................................................ 79

Introduction to ACS 3


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Part I: Introduction to American Citizen Services

Introduction

Historically, the first diplomatic representatives were sent overseas to protect theircitizens. This emphasis on service for citizens abroad continues today as SecretaryRice recently commented, Protecting citizens is the first and oldest duty of anygovernment.1 This self-instructional guide (SIG) is designed to give you a basicunderstanding of the types of services provided to American citizens (Amcits)overseas. It introduces you to basic concepts necessary to American Citizen Services(ACS) work and Non-Emergency Services including Notarial Services, FederalBenefits and Trade and Property Matters. Subsequent SIGs discuss EmergencyServices, Death and Estates, and Crisis Preparation and Planning. ACS unitsoverseas also provide passport and nationality services, which you have covered in aprevious course segment, as well as services for U.S. seamen and vessels. However,

cases involving seamens services are now quite rare, and therefore will not becovered in these materials or on your exam.

In the following introduction (Part I) we address basic concepts required tosuccessfully provide the full range of ACS, as well as the reference materialsrequired for proper handling of ACS inquiries. Other chapters stress the importanceof understanding how ACS work is different from other consular services weprovide, how to handle Congressional inquiries on ACS cases and how to reportproperly on the work consular officers do.

Being able to handle appropriately ACS cases is important for every member of themission since nearly everyone will be a duty officer several times during their tour.This introduction will also discuss duty officers and consular agents ACS-related

responsibilities.

Topics Covered The following chapters are included in the Introduction to ACS SIG:

Topic See Page

Important Concepts in ACS Work 2

Basic Reference Materials 6

Everyone Does ACS Work 13

1 Transcript: Secretary of State Rice's Remarks Prior to Departing for European Trip, Washington Post,December 5, 2005



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Chapter 1Important Concepts in ACS Work

Overview

Introduction ACS work differs considerably from other consular work. Good judgment, anextensive network of contacts, proficient problem-solving, and excellentinterpersonal skills are essential in ACS work. Consular officers must carefullyadhere to reporting requirements for ACS work, and should strive to cultivate goodpublic and Congressional relations.

Objectives When you have completed this portion of the study guide, you should be able to:

Describe the attributes and strategies required to successfully handle ACS

cases; Know when and how to report on ACS cases;

Maximize available consular resources;

Appropriately respond to Congressional and other inquiries on ACS cases.

References The following reference materials cover key concepts in ACS work:

7 FAM

112 Authority to Perform Emergency and Protective Services

113 Service to the Public

114 Congressional Relations

116 Local Resources

117 Duty Officer Instructions

Topics Covered The following topics are covered in this chapter:

Topic See Page

ACS Work is Different 3

Elements of Success 4

http://arpsdir.a.state.gov/fam/07fam/07fam0110.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0110.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0110.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0110.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0110.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0110.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0110.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0110.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0110.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0110.doc


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Elements of Success, Continued

Reporting,

Documentation

Good documentation on individual ACS cases is extremely important. Complete case

records not only permit other officers to take over action on a case if you are calledaway or leave post for another assignment, but also facilitate better reporting to theDepartment. Reports to the Department are required for almost all emergencyservices, for all death cases, and for some judicial assistance matters. Carefulattention to 7 FAM or cable instructions on how to format such reporting (subject,slug lines, e.g. CA/OCS for John Smith, etc.) ensures that reports are received andresponded to appropriately. Many recipients of reports in Washington do notregularly access classified information, so posts are urged to send in unclassifiedreports whenever possible. You must not include derogatory judgments orinappropriate comments in your reporting. The officers notes may be released to anindividual pursuant to his/her Freedom of Information Act request and suchcomments may serve to embarrass and/or discredit both the Department and the

officer.

Good

Congressional

Relations

7 FAM 114

Most congressional staffers assume the role of an interested party, rather than anunquestioning advocate for their constituent. Therefore, congressional inquiriesprovide an opportunity for post and the Department to demonstrate our commitmentto protecting the interests of Americans abroad. Your timely and courteous responsewill serve not only to assist the congressional staffer in addressing the constituentsinquiry but also to educate him or her about your various duties.

Inquiries from Congressional offices about ACS cases require a prompt response -within three working days if at all possible - by phone, e-mail or fax (99 State 3793).Responses should provide sufficient detail for the correspondent to understand what

happened and what, if anything, has been or may be done to remedy the problem. Donot include any personal opinions, sensitive or classified information, or commentsand observations not appropriate for sharing with the Congressional officesconstituent. (See also Chapter 1, Privacy Act, Emergency Services SIG.)

http://arpsdir.a.state.gov/fam/07fam.htmlhttp://arpsdir.a.state.gov/fam/07fam/07fam0010.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0010.dochttp://arpsdir.a.state.gov/fam/07fam.html


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Chapter 2Basic Reference Materials

Overview

Introduction There are several key sources of information on providing services to Americancitizens overseas. Foreign Affairs Manuals and Handbooks (FAM, FAH), updatedpolicy guidance cables, the intranet and other resources at post are all helpful inhandling ACS cases and responding to ACS inquiries.


Identify sources for the most recent guidance on procedures and policies forspecific ACS work;

Use the Intranet to navigate the FAM and access resources on the CAhomepage;

Correctly identify the responsibilities of individual CA offices providingsupport for ACS units overseas.

References The following references can be used in ACS work:

7 FAM

Other Foreign Affairs Manual volumes

CA Intranet (legacy site: intranet.ca.state.gov; beta site:http://intranet.ca.state.gov/beta)

CA public internet site (www.travel.state.gov)


Topic See Page

Foreign Affairs Manuals, Handbooks 7

Other Sources of ACS Information 11

http://arpsdir.a.state.gov/fam/07fam.htmlhttp://intranet.ca.state.gov/http://intranet.ca.state.gov/beta/http://www.travel.state.gov/http://www.travel.state.gov/http://intranet.ca.state.gov/beta/http://intranet.ca.state.gov/http://arpsdir.a.state.gov/fam/07fam.html


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Foreign Affairs Manuals, Handbooks

7 FAM Volume 7 of the FAM is the primary reference guide for ACS work. Post should be

using the Intranet version of the 7 FAM. An index of key sections follows:

07 FAM 000 Consular Protection of Nationals

010 Introduction

020 Authorities

030 Good Offices and Demarches

040 Consular Registration of U.S. Citizens and Non-CitizenNationals

050 Consular Information Program, Warden Messages, and the NoDouble Standard Policy

060 Privacy Act and American Citizens Services

070 Warden Systems

080 Dual Nationality

090 Consular Districts, Consular Titles and Diplomatic and ConsularSeals

7 FAM 100 Welfare and Whereabouts of U.S. Nationals Abroad

110 Introduction

120 Emergency Family Messages

130 Overdue Arrival

140 Consular visits in Welfare and Whereabouts Cases

150 Missing Persons

160 Family Abuse Situations

170 Reporting on American Community Groups Abroad

180 Refuge: Temporary Emergency Protection of Private U.S.Nationals

190 Deserters, Stragglers, and Fugitives From Justice

7 FAM 200 Death and Personal Estates of U.S. Citizens Abroad

210 Consular Role Upon Learning of the Death of U.S. CitizensAbroad

220 Notification and Reporting of Death Abroad

230 Official Report of Death of a U.S. Citizen Abroad

240 Disposition of Remains

250 Disposition of Remains Report

260 Personal Estates of Deceased U.S. Citizens

7 FAM 300 Emergency Financial and Medical Assistance for U.S. Citizens

Abroad310 Introduction

320 General Financial Issues and Information

330 Health and Medical Issues and Information Program, Inter-Agency Coordination, and Lists of Medical Resources

340 Mental Illness and Other Cases of Citizens Lacking Full MentalCapacity

http://arpsdir.a.state.gov/fam/07fam/07fam0010.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0010.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0020.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0030.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0040.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0050.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0060.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0070.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0080.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0090.dochttp://arpsdir.a.state.gov/fam/07fam.html#100http://arpsdir.a.state.gov/fam/07fam/07fam0110.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0120.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0130.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0140.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0150.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0160.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0170.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0180.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0190.dochttp://arpsdir.a.state.gov/fam/07fam.html#200http://arpsdir.a.state.gov/fam/07fam/07fam0210.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0220.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0230.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0240.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0250.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0260.dochttp://arpsdir.a.state.gov/fam/07fam.html#300http://arpsdir.a.state.gov/fam/07fam/07fam0310.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0320.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0330.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0340.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0340.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0330.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0320.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0310.dochttp://arpsdir.a.state.gov/fam/07fam.html#300http://arpsdir.a.state.gov/fam/07fam/07fam0260.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0250.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0240.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0230.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0220.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0210.dochttp://arpsdir.a.state.gov/fam/07fam.html#200http://arpsdir.a.state.gov/fam/07fam/07fam0190.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0180.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0170.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0160.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0150.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0140.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0130.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0120.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0110.dochttp://arpsdir.a.state.gov/fam/07fam.html#100http://arpsdir.a.state.gov/fam/07fam/07fam0090.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0080.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0070.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0060.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0050.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0040.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0030.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0020.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0010.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0010.doc


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Foreign Affairs Manuals, Handbooks, Continued

7 FAM (continued)

350 Medical Assistance

360 Medical Evacuation

380 Emergency Medical, Dietary, and Temporary Assistance Loansto Non-Incarcerated U.S. Citizens Abroad (EMDA II)

390 Reception and Resettlement in the United States for Destitute,Mentally and Physically Ill U.S. Nationals and Dependents

300 AppendixA

Repatriation Loans

7 FAM 400 Arrest of U.S. Citizens

410 Introduction

420 Notification and Access

430 Pretrial Confinement

440 Consular Arrest Emergency Medical/Dietary Assistance Program

450 Trials

460 Prolonged Imprisonment470 Special Arrest Cases

480 International Prisoner Transfer Program

490 Post-Confinement and Release Issues

7 FAM 500 Federal Benefits for Individuals Abroad and Services forOther Federal Agencies

510 Introduction

520 Department of the Treasury

530 Social Security Administration

540 Department of Veterans Affairs

550 Selective Service System

560 Department of Labor570 Railroad Retirement Board

580 Office of Personnel Management

590 Managing a Federal Benefits Unit

7 FAM 600 Protection ofProperty and Personal Estates Abroad of U.S.Citizens

610 Introduction

620 Accepting Private Property for Safekeeping

630 Tourist and Trade Complaints

640 Customs Disputes

650 Vehicle, Vessel and Aircraft Seizure, and Theft Claims

660 Real Property Inquiries

670 Assistance to Citizens Involved in Commercial, Investment andOther Business Related Disputes

680 Cultural Objects

690 Intellectual Property

7 FAM 800 Notarial Services Abroad

810 Introduction

820 Authorities

830 Notarial Acts in General

http://arpsdir.a.state.gov/fam/07fam/07fam0350.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0360.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0380.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0390.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0300apA.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0300apA.dochttp://arpsdir.a.state.gov/fam/07fam.html#400http://arpsdir.a.state.gov/fam/07fam/07fam0410.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0420.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0430.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0440.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0450.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0460.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0470.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0480.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0490.dochttp://arpsdir.a.state.gov/fam/07fam.html#500http://arpsdir.a.state.gov/fam/07fam/07fam0510.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0520.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0530.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0540.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0550.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0560.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0570.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0580.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0590.dochttp://arpsdir.a.state.gov/fam/07fam.html#600http://arpsdir.a.state.gov/fam/07fam/07fam0610.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0620.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0630.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0640.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0650.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0660.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0670.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0680.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0690.dochttp://arpsdir.a.state.gov/fam/07fam.html#800http://arpsdir.a.state.gov/fam/07fam/07fam0810.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0820.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0820.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0820.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0820.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0810.dochttp://arpsdir.a.state.gov/fam/07fam.html#800http://arpsdir.a.state.gov/fam/07fam/07fam0690.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0680.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0670.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0660.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0650.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0640.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0630.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0620.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0610.dochttp://arpsdir.a.state.gov/fam/07fam.html#600http://arpsdir.a.state.gov/fam/07fam/07fam0590.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0580.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0570.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0560.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0550.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0540.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0530.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0520.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0510.dochttp://arpsdir.a.state.gov/fam/07fam.html#500http://arpsdir.a.state.gov/fam/07fam/07fam0490.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0480.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0470.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0460.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0450.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0440.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0430.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0420.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0410.dochttp://arpsdir.a.state.gov/fam/07fam.html#400http://arpsdir.a.state.gov/fam/07fam/07fam0300apA.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0300apA.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0390.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0380.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0360.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0350.doc


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Other Sources of ACS Information

Policy

Guidance

ACS work is continuously evolving, with new guidance issued often. The Policy

Review and Interagency Liaison division of the Overseas Citizen Services Office(CA/OCS/PRI) is responsible for providing policy guidance on larger issues, as wellas advisory opinions on legal issues in individual cases.

Intranet One of the best sources of up-to-date information and guidance on ACS issues is theConsular Affairs homepage (beta) (or the legacy homepage) on the Intranet. Underthe blue ACS and Crisis Management tabs you can find updated information onsignatories to pertinent international agreements, texts for general informationpamphlets and descriptions of the types of services consular officers provide. TheIntranet site also provides texts of recent cables to the field, ACS systems guidanceand an access point for newsgroups on various types of consular work. You can

access useful information for dealing with emergencies through the CrisisManagement page.

Consular

Affairs (CA)

It is important to remember that your colleagues in the Bureau of Consular Affairsare excellent sources of information. A Whos Who in CA cable is sent to postsoverseas regularly, and may also be accessed on the CA Intranet homepage. WithinCA, the Office of Overseas Citizen Services handles all ACS issues. It is divided intothree divisions: American Citizen Services (OCS/ACS), Childrens Issues (OCS/CI)and Policy Review and Interagency Liaison (OCS/PRI).

OCS/ACS country officers provide guidance and support on specific ACS cases,interact with inquirers in the U.S., and approve loan requests.

OCS/CI handles child custody, international child abduction and internationaladoption issues.

OCS/PRI provides policy guidance and issue-specific information (crimevictims assistance, federal benefits, Privacy Act, acquisition and loss of U.S.nationality and other issues related to treaties, law, regulation, legislation andlitigation etc.). Contact PRI at [email protected].

If you will be doing ACS work regularly, you should arrange appropriateconsultations with contacts in OCS/ACS and OCS/CI.

Continued on next page

http://hhttp/intranet.ca.state.gov/beta/http://intranet.ca.state.gov/http://intranet.ca.state.gov/beta/services/crisis/crisis_4502.htmlhttp://intranet.ca.state.gov/beta/services/crisis/crisis_4502.htmlhttp://intranet.ca.state.gov/beta/about/who/who_4337.htmlhttp://intranet.ca.state.gov/beta/offices/ocs/who/who_4019.htmlmailto:[email protected]:[email protected]://intranet.ca.state.gov/beta/offices/ocs/who/who_4019.htmlhttp://intranet.ca.state.gov/beta/about/who/who_4337.htmlhttp://intranet.ca.state.gov/beta/services/crisis/crisis_4502.htmlhttp://intranet.ca.state.gov/beta/services/crisis/crisis_4502.htmlhttp://intranet.ca.state.gov/http://hhttp/intranet.ca.state.gov/beta/


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Other

Resources

Other Sources of ACS Information, Continued____________________________________________________________________

In addition to policy guidance cables and the resources available on the Intranet,ACS officers also use The Martindale-Hubbell Law Directory, the Crime Victim

Assistance Resource Notebook, various Internet sites for other agencies and officessuch as the Social Security Administration (SSA), the Internal Revenue Service(IRS), and the DOD Voting Assistance Guide etc. to carry out their responsibilities.

http://www.martindale.com/http://intranet.ca.state.gov/OCS_Home_Page/OCS%20Home%20Page/Crime/CA%20Victim%20Assistance%20Notebook.htmhttp://intranet.ca.state.gov/OCS_Home_Page/OCS%20Home%20Page/Crime/CA%20Victim%20Assistance%20Notebook.htmhttp://www.ssa.gov/http://www.irs.gov/http://www.fvap.gov/http://www.fvap.gov/http://www.irs.gov/http://www.ssa.gov/http://intranet.ca.state.gov/OCS_Home_Page/OCS%20Home%20Page/Crime/CA%20Victim%20Assistance%20Notebook.htmhttp://intranet.ca.state.gov/OCS_Home_Page/OCS%20Home%20Page/Crime/CA%20Victim%20Assistance%20Notebook.htmhttp://www.martindale.com/


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Duty Officers, Continued

Responsibilities

2 FAM 115.3

All duty officers are expected to be available constantly during their usually week-

long duty period, informing the Marine Security Guard or principal officer wherethey can be reached at all times outside of normal business hours. Duty officers mustbe familiar with basic ACS consular services, as most after-hours inquiries involveAmerican citizens in some fashion. A duty officer must keep good records in theduty log book of the calls received, briefing the relevant officer in the consularsection of any actions taken after-hours on a consular emergency. Duty officersshould be aware of required fees for such services.

http://arpsdir.a.state.gov/fam/02fam/02fam0110.dochttp://arpsdir.a.state.gov/fam/02fam/02fam0110.doc


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Consular Agents

Consular

Agents

3 FAM 8900

The Secretary may appoint a consular agent to provide limited consular services in

locations where there is no official representation but where there exists a need forU.S. Government representation. Consular agents are limited, non-career appointeesof the Foreign Service already residing abroad, who act under the supervision anddirection of the principal consular officer. They are generally employed on a part-time basis. A consular agent does not have a consular district distinct from thesupervisory post, although the principal consular officer may administratively definethe area of the agents operations within the overall consular district.

Not Honorary

Consuls

Although the United States does not appoint Honorary Consuls or use that term,the Department of State views U.S. consular agents abroad as honorary consularofficers within the meaning of Section 2, Article 1 of the Vienna Convention on

Consular Relations (VCCR). Chapter III of the VCCR addresses the issues ofconsular agent immunity and consular agency inviolability.

Responsibilities Consular agents are chosen based on their extensive contacts in the area and theirwillingness to provide emergency services to Americans. In particular, consularagents may become involved in cases involving missing persons, arrests, medicalemergencies and deaths. Consular agents are not authorized to issue passports.Consular agents do accept passport applications and perform notarial services. A listof consular agents is available on the CA Intranet. Further guidance on the scope ofconsular agent responsibilities is found in the Consular Agents Guidebookon the CAIntranet homepage.

http://arpsdir.a.state.gov/fam/03fam/03fam8910.dochttp://intranet.ca.state.gov/beta/_res/documents/consular_agents_guidebook.dochttp://intranet.ca.state.gov/beta/_res/documents/consular_agents_guidebook.dochttp://arpsdir.a.state.gov/fam/03fam/03fam8910.doc


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Part II: Non-Emergency Services

Introduction

As a representative of the United States government overseas, you may assistAmericans abroad with voting, taxes, federal benefits and services usually performedby a notary public. Also, using your good offices, you may assist Americans inresolving trade or commercial disputes, and you may be called upon to respond toinquiries involving property questions.

ACS units also assist U.S. citizens and legal institutions in the U.S. by helpingcollect testimony for U.S. court cases and delivering requests for extradition ofindividuals wanted by law enforcement authorities in the United States.

Topics Covered The following chapters are included in the Non-Emergency Services SIG:

Topic See Page

Information Clearinghouse 18

Notarial and Documentary Services 27

Federal Benefits 41

Trade and Property Matters 55

Judicial Assistance 68

Review Cases 73

Non-Emergency Services 17


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Overview, Continued

Topics Covered The following topics are included in this chapter:

Topic See Page

Registration 20

Travel Information 21

Voting 23

Taxes 24

Referral Lists 25

Other Information 26



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Registration

Importance of

Registration

7 FAM 040

All diplomatic and consular posts should encourage the registration of U.S. citizens.

Registration enables consular and diplomatic officers to furnish all appropriatecitizens services. Registration also assists the post in the event of serious emergencysituations (such as disasters and civil disturbances,) requiring evacuations or otherassistance, or in cases of accidents, arrests, serious injury, death of the registrant,welfare and whereabouts inquiries, etc. The Passport and Nationality SIG providesother useful information on the registration process.

On-line

Registration

The Internet-Based Registration System (IBRS), available through the Departmentstravel information website, www.travel.state.gov, has supplanted most post-developed procedures for collecting registration information online from U.S.citizens, and it is linked to ACS software. Online procedures cannot serve the formal

function of establishing citizenship, as provided in 7 FAM 040. However, IBRS doesmeet a number of operational needs in terms of being able to locate and assistAmericans possibly needing services in an emergency and being able to quickly passcritical information on threats to U.S. citizens overseas.

Warden

Systems

7 FAM 070

Post should use its warden system to communicate effectively with registered U.S.citizens. Warden systems are activated in times of increased threat or actual crisis.They can also be used to provide important routine information about voting, taxes,the census and other matters of interest to the American community. More completeinformation on warden systems is provided in Chapter 3 (Warden Systems) of theEmergency Planning and Crisis Management section of your Emergency Services

SIG.

20 Non-Emergency Services
http://arpsdir.a.state.gov/fam/02fam/02fam0040.dochttp://www.travel.state.gov/travel/tips/registration/registration_1186.htmlhttp://www.travel.state.gov/http://arpsdir.a.state.gov/fam/07fam/07fam0040.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0070.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0070.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0040.dochttp://www.travel.state.gov/http://www.travel.state.gov/travel/tips/registration/registration_1186.htmlhttp://arpsdir.a.state.gov/fam/02fam/02fam0040.doc


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Travel Information, Continued

Warden

Messages

7 FAM 058

Warden Messages are a means of disseminating information to U.S. citizens who are

currently in the host country. Any time the Department issues a worldwide caution,public announcement or travel warning with information about the security of U.S.citizens in your district, post should issue a warden message. Post may also initiatewarden messages containing security-related information. Such messages should becleared with posts Emergency Action committee and with CA/OCS/ACS.

Posts may also use warden messages to disseminate information about routine topicssuch as voter registration, income tax season, new passport procedures, and othernon-security related issues important to the local U.S. citizen community.

Fact Sheets and

TravelBrochures

7 FAM 0577 FAM 059

In addition to Consular Information Sheets, Public Announcements and Travel

Warnings, the Bureau of Consular Affairs issues Fact Sheets to address specificissues related to the health and safety of U.S. citizens abroad. These include suchtopics as regionally based illnesses such as SARS or Avian Flu and informationabout chemical and biological weapons.

The Bureau of Consular Affairs (CA) issues travel brochures with a wide range ofinformation on travel abroad. Entitled Tips for Travelers, these brochuresgenerally focus on particular regions, groups of travelers (students, older travelers),or an important issue (drug-related arrests, fraud schemes, etc.). Also, CA publishesForeign Entry Requirements, a condensed list of visa, vaccination and other entryrequirements for all foreign countries.

No Double

Standard Policy

7 FAM 052

One of the key purposes for disseminating accurate information on local conditionsand threats posed to Americans abroad is to ensure that all Americans, wherever theymight be and whatever their status in your consular district, have equal access toinformation on risks or threats possibly affecting them overseas. Providinginformation to all Americans alike is the basis of the Departments No DoubleStandard policy. For a more complete discussion of this important policy, seeChapter 3 of the Emergency Planning and Crisis Management section of yourEmergency Services SIG.

http://arpsdir.a.state.gov/fam/07fam/07fam0050.doc#M58http://arpsdir.a.state.gov/fam/07fam/07fam0050.doc#M57http://arpsdir.a.state.gov/fam/07fam/07fam0050.doc#M59http://www.travel.state.gov/travel/tips/brochures/brochures_1229.htmlhttp://arpsdir.a.state.gov/fam/02fam/02fam0052.dochttp://arpsdir.a.state.gov/fam/02fam/02fam0052.dochttp://www.travel.state.gov/travel/tips/brochures/brochures_1229.htmlhttp://arpsdir.a.state.gov/fam/07fam/07fam0050.doc#M59http://arpsdir.a.state.gov/fam/07fam/07fam0050.doc#M57http://arpsdir.a.state.gov/fam/07fam/07fam0050.doc#M58


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Voting

Importance of

Voting

7 FAM 1500

The Department of State and the Department of Defense are mandated by law to

assist U.S. citizens overseas who wish to exercise their right to vote. Posts shouldencourage all U.S. citizens within their consular jurisdiction to register and vote inall U.S. elections--Federal, State, and local. Posts should ensure that voters areprovided with information necessary to register and to vote, election dates, and othersimilar information of a general, non-partisan nature.

Procedures

7 FAM 1520

Guidelines on providing assistance to voters are contained in the Voting AssistanceGuide (www.fvap.gov), a state-by-state reference on procedures for requestingabsentee ballots, addresses of voting officials and deadlines for requests. Using theguide, U.S. citizens complete the SF76, Federal Post Card Registration and AbsenteeBallot Application (FPCA) to register and/or to request an absentee ballot. No ballots

are available at post or from the Department. The appropriate state voting registrarmails ballots directly to the voter in response to the FPCA. Some states require thatconsular officers notarize the FPCA; no fee is charged for this service.

The voter returns the completed ballot to that voting registrar in the United States.Pouch or APO may be used for mailing the FPCA or voted ballot, but often will notbe the most rapid means of sending such materials. Posts should advise Amcits onthe timeliest manner for returning voting materials to the United States.

http://arpsdir.a.state.gov/fam/02fam/02fam1500.dochttp://arpsdir.a.state.gov/fam/07fam/07fam1520.dochttp://www.fvap.gov/pubs/vag.htmlhttp://www.fvap.gov/pubs/vag.htmlhttp://www.fvap.gov/pubs/vag.htmlhttp://www.fvap.gov/pubs/vag.htmlhttp://arpsdir.a.state.gov/fam/07fam/07fam1520.dochttp://arpsdir.a.state.gov/fam/02fam/02fam1500.doc


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Taxes

Paying Taxes

Overseas

7 FAM 528

In general, all U.S. citizens resident in the U.S. or abroad and all resident aliens are

liable for the income tax imposed by the Internal Revenue Code of the United Stateswhether the income is received from sources within or without the United States.Therefore, all posts stock basic IRS forms for the use of persons in the consulardistrict and provide referrals to individual citizens requesting assistance in filing theirtaxes.

Tax-Related

Assistance

Tax forms are in greatest demand from early January through April 15. During thatperiod a supply of the forms should be kept at the reception desk or other accessibleplace where people may pick them up. ACS officers should neither provide adviceon how to complete tax forms nor try to answer inquiries on tax issues. Taxpayerscan seek advice through the IRS website (http://www.irs.gov/) and/or local firms

specializing in U.S. tax return preparation.There are also IRS representatives posted at some missions overseas, many of whommake circuit rides through other posts to advise and otherwise assist nonresidenttaxpayers having problems in preparing their Federal income tax returns. Thisprogram is generally limited to those foreign areas where substantial numbers ofU.S. citizens reside. ACS units may provide some logistical support for these TDYIRS representatives, and also may assist in organizing meetings between taxpayersand representatives.

http://arpsdir.a.state.gov/fam/07fam/07fam0520.doc#M528http://www.irs.gov/http://www.irs.gov/http://arpsdir.a.state.gov/fam/07fam/07fam0520.doc#M528


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Referral Lists

Doctor and

Attorney Lists

7 FAM 3377 FAM 990

Each overseas post maintains a list of American and host country attorneys and

doctors of good repute practicing in its consular district. These lists are to beprovided to American citizens. Posts should keep these lists current and reportrevisions promptly to CA/OCS. Posts should report any significant changes in the list(for example, the death or disbarment of a lawyer on the attorneys list) to theDepartment as soon as they are discovered, but not later than one year from the timeof the change. Consular sections cannot vouch for the competence of everyprofessional on their list, but you should remove those whose integrity may be inquestion. Continued complaints on a particular individual would justify removingthem from posts lists as would posts discovery of reprehensible behavior on thepart of a listed professional.

Preparing Lists Consular officers prepare referral lists by inviting attorneys or doctors in goodstanding with their professional association or accrediting body (Bar Association,Board of Medical Examiners, etc.) to submit their credentials. Consular officers thenchoose those who appear to be the most highly qualified in each area of expertise.The Department recommends that English-speaking professionals be includedwhenever possible. In compiling such a list, be aware that other sections of yourpost, such as the commercial section and regional medical personnel, might suggestindividuals to be included.

Other Referral

Lists

Posts are encouraged to develop other professional referral lists responsive to theneeds of the U.S. citizens in their consular district e.g., lists of notaries,

interpreters/translators, accounting firms specializing in U.S. tax returns, funeralparlors, commercial entities for transferring funds from the U.S. to your district, andtravel agencies.

No Specific

Referrals

With any referral list, consular officers are prohibited from recommending aparticular individual from the list, and cannot comment on the competence orintegrity of specific individuals. A disclaimer to this effect should appear on eachlist. If pressed for advice, you may use objective criteria and point out thoseindividuals who specialize in a particular field (internal medicine), those located in acertain geographic area (city of Zug), those who speak English, or those educated inthe United States.

http://arpsdir.a.state.gov/fam/07fam/07fam0330.doc#M337http://arpsdir.a.state.gov/fam/07fam/07fam0330.doc#M337http://arpsdir.a.state.gov/fam/07fam/07fam0330.doc#M337http://arpsdir.a.state.gov/fam/07fam/07fam0330.doc#M337


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Other Information

Informational

Services

Posts may find it useful to provide other types of easily accessible information,

including: Application forms for Social Security Numbers;

Registration forms for the Selective Service;

Informational brochures on child abuse or abduction;

Pamphlets on receiving federal benefits while overseas;

Where to Write for Vital Records pamphlets on obtaining U.S. birth, deathand marriage certificates.

Local

Information

Sheets

In addition, post-specific information sheets can be helpful. If many Americansresiding in your consular district request information on registering with localauthorities or marriage procedures, information sheets can save you the time of oftenrepeating the same information. Other useful information sheets might include thoseon local customs regulations, criminal laws and procedures, driving rules, orobtaining local official documents.

http://www.cdc.gov/nchs/howto/w2w/w2welcom.htmhttp://www.cdc.gov/nchs/howto/w2w/w2welcom.htm


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Overview, Continued

Topics Covered The following topics are included in this chapter:

Topic See Page

General Notarial Procedures and Policies 29

Notarial Services Affidavits 31

Notarial Services Acknowledgments 32

Authentications 33

Certification of True Copy 34

Limitations on Notarial Services 35

Study Exercise: Notarials 36



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General Notarial Procedures and Policies

Jurisdiction

7 FAM 8327 FAM 833

Just as a notary public may function only within an appointed geographic area, as a

consular officer you may perform notarial services only in your consular district.According to Department policy, such services should be provided to U.S. citizensfor use in the U.S. or abroad, or to aliens for use in the United States. The place ofresidence of a person requesting a notarial service has no bearing on the notarial act,as it is being performed "within the limits of the consulate." Therefore, you shouldnot refuse a request for a service on the grounds that the applicant does not reside inthe consular district.

If permitted by host government laws and considered necessary by the consularofficer, notarials may be performed outside of the office (but within the consulardistrict).

PreparingNotarial

Documents

7 FAM 836

While much of the work of preparing notarials is usually done by an FSN, theresponsible consular officer must ensure that notarials are executed in the properform and that the appropriate fees are being collected. Lack of attention to both detailand procedure may result in an improperly executed document that cannot be usedfor its intended purpose. Laws pertaining to the format and the specifications of legaldocuments vary from state to state. As consular officers are prohibited fromrendering legal advice on formats, you should suggest that clients with inquiriesconsult with an attorney (see Volume 7 of the Martindale-Hubbell Law Directory) orrefer clients toJones Legal Forms, a general guide for legal forms.

Notarial

Certificates

7 FAM 837

A written certificate attesting to the performance of a notarial act is prepared for each

document; alternatively, a rubber stamp containing the appropriate text is sometimesused. Besides language describing the notarial act, the certificate (or stamp) alsoincludes the venue (place where the notarial is performed), the title and signature ofthe officer, the consular seal, and date and, for oaths only, the jurat (Subscribed andsworn to before me this day.)

Attach the certificate to the document with a grommet or staple in the upper left handcorner. (If you use a stamp, put it on the last page of the document.) If the documenthas more than one page, add an additional statement to the certificate: Thisdocument consists of ______ pages. Most posts find it convenient to have a stampmade with this statement.

Some preprinted forms include a title for a Notary Public and a statement My

commission expires ______________. You should cross out the notarial title andtype or stamp your name and title instead. Cross out the expiration statement as well.


http://arpsdir.a.state.gov/fam/07fam/07fam0830.doc#M832http://arpsdir.a.state.gov/fam/07fam/07fam0830.doc#M833http://arpsdir.a.state.gov/fam/07fam/07fam0830.doc#M836http://arpsdir.a.state.gov/fam/07fam/07fam0830.doc#M837http://arpsdir.a.state.gov/fam/07fam/07fam0830.doc#M837http://arpsdir.a.state.gov/fam/07fam/07fam0830.doc#M836http://arpsdir.a.state.gov/fam/07fam/07fam0830.doc#M833http://arpsdir.a.state.gov/fam/07fam/07fam0830.doc#M832


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General Notarial Procedures and Policies, Continued

Seals

7 FAM 0907 FAM 837

The consular certificate seal used for notarial acts is the embossed (dry or raised)

seal. For an embassy, the legend on the seal should read Consular Service of theUnited States, City, Country. The seal legend for a notarial performed at a consulateor consulate general should read Consulate (or Consulate General) of the UnitedState of America, City, Country. Please note that an embassy consular section willalso have a dry seal with the legend Embassy of the United States of America, City,Country. The latter seal is used for almost everything except notarial acts,including passports, reports of birth, certificates of death, etc. Consulates andconsulates general, however, will have only the one embossed seal.

Witnesses

7 FAM 844.1b

If documents require the signatures of witnesses, the client, not the consular officer,is responsible for ensuring that witnesses are present at the time of the signature.

YOU AS THE NOTARIZING CONSULAR OFFICER MAY NOT SERVE AS AWITNESS. Generally speaking, you should also avoid having consular FSNs serveas witnesses.

Fees There is a fee for most notarial services as listed on the current edition of theSchedule of Fees. In most cases the FSN will instruct the requester to obtain a receiptfrom the cashier regardless of whether a fee is required. This provides for properaccounting for all notarial acts conducted at post and assures that accurate statisticswill be available for the consular package submission.

Item 45 of the Schedule of Fees for Consular Services lists notarial services for

which there are no fees. These include all notarial services performed for personsemployed abroad by the U.S. government and for Peace Corps volunteers. Other no-fee notarials include services such as those performed at the direct request of federal,state or local government, notarials required to claim certain benefits, and signatureacknowledgments for election ballots. For a complete list of fee-exempted servicesplease refer to the Schedule of Fees.

There is a large additional fee for the officers time if services are performed afterhours or out of the office as a courtesy to the American citizen. (These fees may bewaived in emergency cases.) Consular officers must remember to inform Americancitizens of these additional charges before providing any after-hours services.

Types of

Notarials

Notarial services provided by consular officers include taking affidavits, doingacknowledgments (7 FAM 840), authenticating the signatures of host countryofficials (7 FAM 870) and certifying true copies (7 FAM 860). Other, less commontypes of notarial services are discussed in 7 FAM 890.

http://arpsdir.a.state.gov/fam/07fam/07fam0090.doc#M94http://arpsdir.a.state.gov/fam/07fam/07fam0830.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0840.doc#M844http://www.travel.state.gov/about/info/customer/customer_313.htmlhttp://arpsdir.a.state.gov/fam/07fam/07fam0840.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0870.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0860.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0890.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0890.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0860.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0870.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0840.dochttp://www.travel.state.gov/about/info/customer/customer_313.htmlhttp://arpsdir.a.state.gov/fam/07fam/07fam0840.doc#M844http://arpsdir.a.state.gov/fam/07fam/07fam0830.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0090.doc#M94


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Notarial Services Affidavits

Definition,

Requirements

7 FAM 850

An affidavit is a written statement or declaration sworn to or affirmed before a

consular official. Some persons, for religious reasons, object to swearing, but arewilling to affirm, which has the same validity as an oath in this context. Whenpresented with a statement or declaration to be notarized, the consular officer shouldrequire that the affiant:

Appear in person;

Prove his identity;

Indicate that he understands the contents of the document;

Indicate that he is signing/swearing/affirming of his own free will;

Swear or affirm that the statements made are true;

Sign in the consuls presence.

Once the affiant completes these steps, the officer signs the affidavit and places the

impression seal to the left of his/her signature. Note that you are not required toverify the truth or accuracy of statements in an affidavit.

Identity

7 FAM 835c

Identity is normally demonstrated by use of a photo ID document such as a passportor drivers license. Corporate identity (if the individual is signing as a representativeof a business entity) can be more difficult to demonstrate. A person claiming to bethe President of XYZ Corporation may not have any information (other than,perhaps, a business card) attesting to this fact. The individual should always be giventhe opportunity to supply persuasive proof, such as certified copies of articles ofincorporation, official tax documents, or payroll records, but such documents are notalways at hand overseas. While you can seek verifying information from posts

commercial section or other sources, the easiest way to deal with the matter ofcorporate identity in the absence of proof is to add language such as whoacknowledged himself to be the President of XYZ Corporation to the consularcertificate.

Understanding

and

Voluntariness

7 FAM 835d

Usually voluntariness and understanding are obvious: "My attorney drew up thismortgage agreement for a condominium I am buying in Hawaii and I have to have itnotarized." The client does not need to comprehend every subparagraph, but shouldbe aware that he is signing a deed to property in Hawaii, not an agreement to sell acar in California. If necessary you may ask, "Do you know what this documentmeans? but you cannot translate or explain the contents of a document to the client.

If the client seems to be dazed or under the influence of alcohol, you may suggestthat the notarial be completed at another time. Sometimes physical impairment orillness may affect competence, as might difficulties with the English language. 7FAM 839 describes ways of dealing with requests for notarial services by personswho are physically disabled, illiterate, or mentally incapacitated. ConsultCA/OCS/ACS for guidance on any doubtful cases.

http://arpsdir.a.state.gov/fam/07fam/07fam0850.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0830.doc#M835http://arpsdir.a.state.gov/fam/07fam/07fam0835.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0830.doc#M839http://arpsdir.a.state.gov/fam/07fam/07fam0830.doc#M839http://arpsdir.a.state.gov/fam/07fam/07fam0830.doc#M839http://arpsdir.a.state.gov/fam/07fam/07fam0830.doc#M839http://arpsdir.a.state.gov/fam/07fam/07fam0835.dochttp://arpsdir.a.state.gov/fam/07fam/07fam0830.doc#M835http://arpsdir.a.state.gov/fam/07fam/07fam0850.doc


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Notarial Services Acknowledgments

Definition

7 FAM 830

An acknowledgment is the consular officer's declaration that the named individual

has appeared before him and has acknowledged that the signature on a document ishis/her own signature. Acknowledgments are often made on documents such asdeeds, mortgages, contracts for sale of land and personal property, and powers ofattorney.

Signature The person requesting the acknowledgment need not have signed the document inthe presence of the consular officer, unless specific language included in thecertificate requires this (rare). However, if you are not convinced that a signature isgenuine, you may request that the client sign a blank piece of paper so that you canmake a comparison.

Requirements You should require that an individual wanting an acknowledgment:

Appear in person to affirm that the signature is his;

Prove his identity (personal and corporate if applicable);

Indicate that he understands the contents of the document;

Indicate that he signed the document of his own free will;

Once the individual completes these steps, the officer signs the acknowledgment andplaces the impression seal to the left of his/her signature.

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Certification of True Copy

Definition

7 FAM 860

A certified true copy is a document that has been verified as a complete and accurate

reproduction of an original. A person seeking a certified copy of a document presentsthe original along with a copy to the consular officer, who compares the copy to theoriginal, word for word, figure for figure. In some posts, the consular officer maymake a copy of the original and certify that as a true copy. Many U.S. states areeliminating this function particularly as it relates to public documents (birth, death,marriage certificates).

Nonessential

Function

7 FAM 861

The Department regards the certification of true copies as a nonessential,discretionary function. Consular officers should not certify true copies that are to beused in states that do not allow notaries to perform such functions. (See 7 FAMExhibit 861 for a list of these states.)

Not for All

Documents

7 FAM 874

ACS officers should generally refrain from certifying true copies of documentsissued by central government authorities; clients requesting this type of serviceshould be referred to the foreign authority that issued the document. Also, posts nolonger certify copies of diplomas and transcripts for foreign nationals coming to theU.S. to study. Inform those who request this service that American schools anduniversities routinely subscribe to transcript evaluation services that are familiar withauthentic diplomas and transcripts from foreign countries and are able to providecourse equivalencies and other detailed information. Prospective students submittingtheir scholastic records to U.S. institutions should use the same certification requiredby universities and schools in their home country.

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Study Exercise: Notarials

1. A woman who is not an American citizen comes to your consular section with the following

statement which she wants you to notarize:"My name is Maria Theresa von Hapsburg. I am the daughter of Empress Maria Theresaand I was born out of wedlock in Poland on August 15, 1945, as a result of a unionbetween my mother and the Duke of Edinburgh, who later acknowledged me. I make thisstatement for the purpose of asserting my claim to the Crown Jewels of Austria and GreatBritain."

She has in her possession a French passport issued to Maria Theresa von Hapsburg. What notarialservice is being requested? Should you "notarize" the statement? Why or why not?

2. Would you do an affidavit, acknowledgment, certificate of true copy or authentication in thefollowing situations:

An Amerian citizen is unable to travel to the United Statesto testify as a fact witness at his brothers trial. Hislawyer prepares a statement for him to sign in front ofyou.

You are asked to verify or legalize a local official'ssignature on a document.

An American citizen wishes to execute a power ofattorney to empower a New York real estate agent tocomplete the sale of his summer cottage in New York.

3. You have been asked to come to the home of an ailing American citizen who lives within yourconsular district to execute an affidavit. His doctor has advised him not to travel. May the notarialservice be performed in this location?

______ Yes ______ No

If so, what fees might be involved?




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Study Exercise: Notarials, Continued

4. An Italian businesswoman in your jurisdiction asks you to acknowledge a document she will use in

the United States. Should you perform this service?______ Yes ______ No

Explain:

5. You are stationed in a European post. An American businessman brings a document to you foracknowledgment. The document pertains to some real estate in North Korea and will be used in thatcountry. Should you perform this notarial service?

______ Yes ______ NoExplain:

6. An American citizen traveling in your district comes to you requesting that you take his affidavit.After reading the document, you have reason to believe that it contains faulty information. You aresatisfied with the identification presented by the citizen and believe that the affidavit will beacceptable within the jurisdiction in which it will be used. Should you perform this service despiteyour doubts about the veracity of the statement?

______ Yes ______ No

Explain:

7. A person asks you to obtain a certified copy of a birth certificate issued by authorities of the hostcountry. Should you perform this service?

______ Yes ______ No

Explain:




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Answers

Exercise 1 Maria might be requesting that you acknowledge her signature, or perhaps she wantsto swear that the statement she has presented to you is true (affidavit). However,Maria is not a U.S. citizen and the document is not for use in the U.S. Therefore, youcould present other options to Maria, such as obtaining a notarial service from eitherthe British or Austrian Embassy, using a local notary, etc.

Reference: 7 FAM 833

Exercise 2 a. Affidavit

b. Authentication

c. Acknowledgment

Reference: 7 FAM 850, 7 FAM 870, 7 FAM 840

Exercise 3 Yes. As a rule, notarial services should be performed only in the consular section.

However, they may be performed elsewhere within the consular district whennecessary, provided that the interested party pays the expenses incurred by thenotarizing office. In this case, an affidavit is requested, which requires the presenceof the affiant. Since the person is ailing and has been advised not to travel, youwould schedule a time to visit him. Charges would include the $30.00 fee for theaffidavit; cost of transportation (taxi fare, bus or train ticket, GOV or POV mileage);

hotel and meals, if an overnight stay is required; and the $265/hour fee for servicesprovided away from the office, if applicable.

Reference: 7 FAM 832, 7 FAM 850, 22 CFR 22.1 and Schedule of Fees

Exercise 4 Yes. Notarial services may be performed for any person regardless of nationality, so

long as the document to be notarized will be used within the jurisdiction of theUnited States. You must follow the proper procedure for preparing anacknowledgment.

Reference: 7 FAM 833, 7 FAM 840

Exercise 5 No. The United States does not currently have formal diplomatic and consularrelations with North Korea.

Reference: 7 FAM 833b1


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Exercise 6 Yes. A consular officer is not required to question the truth of the affiant's allegation

or pass judgment on the contents of an affidavit. You may include a disclaimer of thedocument's contents, if warranted by the circumstances.

Reference: 7 FAM 834d

Exercise 7 No. The person requesting the service should be referred to the foreign authority that

issued the document for a copy, unless duplicate original copies of documents arenot available in your host country. If such is the case, you may certify that a copy ofthe original document is a true copy, but you would first want to find out to whatuse the copy would be put. Remember that many states do not accept copies certifiedby consular officers.

Reference: 7 FAM 861b

Exercise 8 No. California does not permit its notaries public to certify copies of documents.

Therefore, you must decline to perform this service.

Reference: 7 FAM Exhibit 861

Exercise 9 No. Consular officers are prohibited by U.S. regulation (22 CFR 92.81) from

witnessing wills in their official capacity. However, they may witness wills in theirpersonal capacity, in which case they should not use their titles or impress officialseals on these documents.

Reference: 7 FAM 843.1b

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Chapter 3Federal Benefits

Overview

Introduction ACS officers often perform services for other federal agencies not directlyrepresented at post. Some agencies, such as the Social Security Administration or theDepartment of Veterans' Affairs, pay benefits and conduct investigations; others,such as the Internal Revenue Service or the Drug Enforcement Administration,conduct investigations or occasionally visit post for consultations. A consularofficers chief priorities in managing federal benefits are to provide efficient service,ensure the integrity of benefits payments, institute procedures for safeguardingagainst fraud and malfeasance, and answer any questions regarding such benefits ordirect individuals to the appropriate offices for answers to questions that cannot beaddressed at post.


Assist federal agencies in providing benefits checks to appropriatebeneficiaries;

Identify resources and practices that can assist in preventing malfeasance;

Appropriately handle inquiries and requests for assistance from federalbenefits agencies.

References The following reference materials cover federal benefits services:

7 FAM

510 Introduction

520 Department of the Treasury

530 Social Security Administration

540 Veterans Affairs

550 Selective Service

560 Department of Labor

570 Railroad Retirement Board

580 Office of Personnel Management

590 Managing the Federal Benefits Unit


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Overview, Continued

References (continued)

Cable

03 State 212937 SOP No. 27: Processing DS-2029/Ss-5, Social Security NumberApplication

94 State 255847 Federal Benefits (VA medical benefits)

Other important resources in dealing with federal benefits cases are posts regionalFBO, the individual agency itself, or the Federal Agencies Liaison Officer in theDepartment (CA/OCS/PRI).


Topic See Page

Social Security Administration (SSA) 43

Veterans Affairs (VA) 46

Services for Other Federal Agencies 49

Study Exercises: Federal Benefits 50

http://intranet.ca.state.gov/OCS_Home_Page/OCS%20Home%20Page/Reference%20Library/Aldacs/Federal%20Agencies%20-%20Benefits/2003%20State%20121937%20-%20SOP%2027%20Social%20Security%20Application.htmhttp://intranet.ca.state.gov/OCS_Home_Page/OCS%20Home%20Page/Reference%20Library/Aldacs/Federal%20Agencies%20-%20Benefits/2003%20State%20121937%20-%20SOP%2027%20Social%20Security%20Application.htm


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Social Security Administration (SSA)

Services

Provided

Services for SSA generally fall into four categories:

Distributing benefits checks Verifying changes in payee status and vital statistics documents,

Interviewing or investigating claimants;

Assisting claimants/beneficiaries with claims or requests for information.

Types of

Benefits

7 FAM 530

During working years, employees, their employers, and self-employed people paySocial Security contributions (taxes) that are pooled into special trust funds. Whenearnings stop or are reduced because the worker retires, dies, or becomes disabled,monthly cash benefits are paid to replace part of the earnings the family has lost.

Other SSA benefits include:

A lump-sum death payment of up to $255.00 made after the worker's death to asurviving spouse or child;

Benefits for workers or family members resulting from disability or death due toblack lung disease;

Medicare -- a two-part insurance program that helps pay the cost of health carein the United States for persons age 65 and older, for persons receiving disabilitybenefits for 24 months, and for persons suffering severe kidney disease.

Supplemental Security Income (SSI) program assists the aged, blind, anddisabled to maintain a statutory level of annual income.

Note: Neither Medicare nor SSI benefits are available to beneficiaries outside the

United States.

Not Just Amcits

7 FAM 532.1Federal benefits services are not just for U.S. citizens. Legal permanent residents andcertain foreign nationals may also receive benefits checks overseas.

Benefits Checks

7 FAM 5227 FAM 535.1

In 2004, the U.S. government paid over $3.5 billion to beneficiaries residingoverseas. Over 80 percent was paid to Social Security recipients. Although mostbeneficiaries now receive their checks directly via direct deposit or directly viainternational mail, some Social Security checks are still sent in bulk shipments toforeign service posts via APO/FPO facilities or the State Department pouch for

distribution.Each package of Treasury checks contains a list of the checks enclosed as well as thenames of those who receive their payments directly. The post should date-stamp thelist and check it against any changes the consular section may have on file (change ofaddress, beneficiary deceased, etc.) before mailing the checks. At some posts (forexample, those where local mail service is not secure) beneficiaries may come inperson or authorize someone to pick up their checks.

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Social Security Administration (SSA), Continued

Lost or Stolen

Checks

7 FAM 523

Shipment of Checks from the U.S. Treasury - Consular officers should note the

approximate date checks are due to arrive at post. If they are not received in areasonable time, post must report the loss to the Regional Federal Benefits Officer(RFBO), SSA, the Treasury Department, and the State Department and must instituteproceedings to try to locate the checks.

Checks Lost or Stolen from Individual Beneficiaries - ACS units should forwardindividuals written statements regarding lost, stolen, or destroyed checks directly tothe paying agency in order to have replacement checks cut.

Changes in

Status

7 FAM 5257 FAM 538

Consular sections also report changes in payee status, such as an address change,name change, the death of a payee, or the death of a beneficiary. (The "payee" is

someone who receives benefits for another person, while the "beneficiary" is theperson actually entitled to benefits.) The consular officer forwards such changes tobenefits-paying agencies via posts RFBO. When a check is received for a personwho has recently died, it is returned to the issuing Treasury Financial Center.

Representative

Payees

7 FAM 536

Beneficiaries sometimes lose the ability to take care of themselves and manage theirown financial affairs because of advancing age, physical infirmity, or failing mentalfaculties. In such cases, SSA appoints a representative payee to receive and cash thechecks on behalf of the beneficiary. SSA prefers that someone close to thebeneficiary, such as a friend or relative who will take a personal interest in ensuringthat the beneficiary receives proper care, be appointed as a representative payee. You

should make recommendations on appropriate candidates for this function; SSAmust approve your suggestion. If local authorities determine that the beneficiary islegally incompetent, post must request that benefits checks be suspended until arepresentative payee has been appointed.

Investigations In order to prevent malfeasance, SSA sometimes asks posts to verify documentsproving age, marriage, divorce, death, or dependency. Vital statistics documentssubmitted from certain areas of the world are often based on reconstructed records.The consular officer must inspect the source record and compare it with thecertificate. When verification is requested, the consular officer or FSN should takeaction as soon as possible to ensure speedy adjudication of the case. The reliability of

evidence of age is most important; an inaccurate birth certificate could meanthousands of dollars in overpayments.

Occasionally, SSA will ask post to perform other types of investigations. Forexample, SSA might call on post to arrange a physical examination of someoneapplying for a disability claim. They might also request that you make an on-the-spotsurvey of an individual's living conditions or physical impairment, or provide anopinion on the reputation of a doctor or a local hospital.

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Social Security Administration (SSA), Continued

Applying for

SSA Benefits

7 FAM 534

Customers will often approach post with requests for informationon how to start

receiving SSA benefits. Most posts are not authorized to accept applications forbenefits. (See 7 FAM 534.1-1(b) for a list of posts that can accept claims.) At non-claims-taking posts, the applicant for benefits should prepare a written statementregarding eligibility for benefits; the applicant should forward this statement to SSAin Baltimore. SSA then responds to the applicant directly. SSA takes up to 120 daysto process claims for benefits. After this time has elapsed, post may request a statusreport of a claim at the beneficiary's request by contacting their Regional FederalBenefits Officer.

Requests for a

Social Security

Number

7 FAM 532.3-1

Another common SSA-related inquiry has to do with applications for a SocialSecurity number. Posts should stock Form SS-5-FS, make sure that applicants

present the appropriate documentation for their request, and forward the forms toSSA. ACS officers, or Federal Benefits officers at posts with designated personnel,must also conduct an interview with applicants designed to prevent the issuance ofmore than one SSN to the same person, or to avoid issuing an SSN to anunauthorized person.

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Veterans Affairs (VA)

Services

Provided

7 FAM 541.37 FAM 547.1

ACS officers provide the following types of services for the VA:

Distributing benefits checks; Assisting claimants and beneficiaries with claims or requests for

information;

Arranging medical exams; and

Providing burial flags to appropriate veterans

Rarely, consular officers also may provide assistance in investigating guardianshipcases and child-care cases, or verifying records pertaining to marriage, divorce, orthe birth of children.

Types of

Benefits

7 FAM 542

VA benefits are most often in the form of a pension or compensation. Pensions aremonthly payments made to a veteran because of service, age, or a non-service-connected disability, or to a surviving spouse or child of a veteran because of the non-service-connected death of the veteran. Disability Compensation is a monthlypayment made to a veteran because of a service-connected disability. Dependency andIndemnity Compensation is a monthly payment to surviving spouses, certain children,or a low-income parent of a veteran because of a service-connected death of theveteran. In some cases this benefit is available to surviving spouses, children andparents even when the death was non-service-connected. Surviving spouses and someunmarried children of a deceased veteran with wartime service may be eligible for anon-service-connected pension based on need.

Veterans may also request information on VA health, education or housing benefits;

posts overseas have a very limited role in administering these types of benefits.

Benefits Checks

7 FAM 5427 FAM 545

Consular officers handle distribution of VA benefits in almost exactly the same waySSA benefits are done, providing checks to beneficiaries and reporting to the VA andTreasury if a check has been lost or stolen. If representative payee arrangementsneed to be made for VA benefits, post is encouraged to identify institutions (banks,etc.) as recommended representative payees (vs. individuals for SSA beneficiaries).

To be eligible for pension benefits, a beneficiary must submit an annual report ofincome. Veterans and beneficiaries annual income questionnaires are normallydistributed with pension checks for the month of October (on or about November 1).Post should encourage any beneficiary receiving a questionnaire to complete both

sides of the questionnaire, and sign and return it before January 15 or the check forJanuary will not be issued.


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Veterans Affairs (VA), Continued

Medical Care

7 FAM 545

The VA established the Foreign Medical Program Office (FMP) in Denver, Colorado

to deal with the health benefits of veterans traveling or living abroad, except forthose in Canada and the Philippines, for which VA has separate programs. Theprogram is administered through direct contact between the veteran and the FMP; theconsular officer is not involved in the medical treatment of veterans except fordisability evaluation examinations. (See below.)

Veterans enroll in the program directly with the FMP, which will provideauthorization guaranteeing payment for medical treatment directly related to service-connected conditions as long as the treatment is medically necessary, accepted by theVA/US medical community, and not listed as a general exclusion. Veterans selecttheir own physician/facility and submit claims directly to the FMP, which willevaluate the claim and send reimbursement checks directly t

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