Title 22 — Foreign Relations and IntercourseRelease 119-73
§4209 Exaction of excessive fees generally; penalty of treble amount
Title 22 › Chapter CHAPTER 52— - FOREIGN SERVICE › Subchapter SUBCHAPTER XIV— - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS GENERALLY › § 4209
Summary
If a consular officer charges or lets others charge more than the law allows, the officer must repay the extra amount and also pay the person three times that overcharge as a penalty. The person can sue to recover the penalty and costs, and the Secretary of the Treasury may deduct those amounts from the officer’s pay and, if he chooses, refund and pay them to the person.
Full Legal Text
Title 22, §4209
Foreign Relations and Intercourse — Source: USLM XML via OLRC
Whenever any consular officer collects, or knowingly allows to be collected for any service, any other or greater fees than are allowed by law for such service, he shall, besides his liability to refund the same, be liable to pay to the person by whom or in whose behalf the same are paid, treble the amount of the unlawful charge so collected, as a penalty, to be recovered with costs, in any proper form of action, by such person for his own use. And in any such case the Secretary of the Treasury may retain, out of the compensation of such officer, the amount of such overcharge and of such penalty, and charge the same to such officer in account, and may thereupon refund such unlawful charge, and pay such penalty to the person entitled to the same if he shall think proper so to do.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Codification R.S. § 1723 derived from act Aug. 18, 1856, ch. 127, § 17, 11 Stat. 58. Section was not enacted as part of the Foreign Service Act of 1980 which comprises this chapter. Section was formerly classified to section 1189 of this title, and prior thereto to section 92 of this title.
Reference
Citations & Metadata
Citation
22 U.S.C. § 4209
Title 22 — Foreign Relations and Intercourse
Last Updated
Apr 6, 2026
Release point: 119-73