22 U.S.C. § 4221: Depositions and notarial…

Summary

U.S. diplomats and consular officers at embassies and consulates can give oaths, take affidavits and depositions, and do other notary work at their post when needed. If a place has no consular officer, the Secretary of State can let another U.S. citizen government worker overseas — even a contract employee — do those acts; a contractor so authorized is not a consular officer. When the officer signs and seals the document, it counts in U.S. courts the same as if done by an authorized person inside the United States. If someone lies under oath in one of these documents, they can be charged and punished in any federal court just like if the crime happened in the United States. Documents with the officer’s seal and signature can be used as evidence without extra proof that the seal or signature is real. Forging or knowingly using a fake seal or signature on such a document is a misdemeanor punishable by 1 to 3 years in prison and up to $3,000 fine. The Secretary of State can also name other State Department U.S. citizen employees to do consular notary work under rules set by the Department.

Title 22, §4221

Foreign Relations and Intercourse, Source: USLM XML via OLRC

Every secretary of embassy or legation and consular officer is authorized, whenever he is required or deems it necessary or proper so to do, at the post, port, place, or within the limits of his embassy, legation, or consulate, to administer to or take from any person an oath, affirmation, affidavit, or deposition, and to perform any notarial act which any notary public is required or authorized by law to do within the United States. At any post, port, or place where there is no consular officer, the Secretary of State may authorize any other officer or employee of the United States Government who is a United States citizen serving overseas, including any contract employee of the United States Government, to perform such acts, and any such contractor so authorized shall not be considered to be a consular officer. Every such oath, affirmation, affidavit, deposition, and notarial act administered, sworn, affirmed, taken, had, or done, by or before any such officer, when certified under his hand and seal of office, shall be as valid, and of like force and effect within the United States, to all intents and purposes, as if administered, sworn, affirmed, taken, had, or done, by or before any other person within the United States duly authorized and competent thereto. If any person shall willfully and corruptly commit perjury, or by any means procure any person to commit perjury in any such oath, affirmation, affidavit, or deposition, within the intent and meaning of any Act of Congress now or hereafter made, such offender may be charged, proceeded against, tried, convicted, and dealt with in any district of the United States, in the same manner, in all respects, as if such offense had been committed in the United States, before any officer duly authorized therein to administer or take such oath, affirmation, affidavit, or deposition, and shall be subject to the same punishment and disability therefor as are or shall be prescribed by any such act for such offense; and any document purporting to have affixed, impressed, or subscribed thereto, or thereon the seal and signature of the officer administering or taking the same in testimony thereof, shall be admitted in evidence without proof of any such seal or signature being genuine or of the official character of such person; and if any person shall forge any such seal or signature, or shall tender in evidence any such document with a false or counterfeit seal or signature thereto, knowing the same to be false or counterfeit, he shall be deemed and taken to be guilty of a misdemeanor and on conviction shall be imprisoned not exceeding three years nor less than one year, and fined, in a sum not to exceed $3,000, and may be charged, proceeded against, tried, convicted, and dealt with therefor in the district where he may be arrested or in custody. Pursuant to such regulations as the Secretary of State may prescribe, the Secretary may designate any other employee of the Department of State who is a citizen of the United States to perform any notarial function authorized to be performed by a consular officer of the United States under this Act.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This Act, referred to in text, probably means the act of Aug. 18, 1856, ch. 127, 11 Stat. 52. That act was incorporated into the Revised Statutes as R.S. §§ 208, 211, 1674 to 1676, 1680, 1685 to 1687, 1689, 1690, 1692, 1695, 1697, 1699, 1700, 1701, 1703, 1706, 1708, 1711, 1713, 1715, 1718, 1719, 1730, 1731, 1735, 1738 to 1741, 1743 to 1748, 1750 to 1752, 4207, 4213, 4580, 4581, 4583, and 4584. For complete classification of those sections of the Revised Statutes to the Code, see Tables. Codification R.S. § 1750 derived from act Aug. 18, 1856, ch. 127, § 24, 11 Stat. 61. Reference to “commercial agency” was omitted in view of the abolition of the grade of commercial agent by act Apr. 5, 1906. Section was not enacted as part of the Foreign Service Act of 1980 which comprises this chapter. Section was formerly classified to section 1203 of this title, and prior thereto to section 131 of this title.

Amendments

1998—Pub. L. 105–277 inserted after first sentence “At any post, port, or place where there is no consular officer, the Secretary of State may authorize any other officer or employee of the United States Government who is a United States citizen serving overseas, including any contract employee of the United States Government, to perform such acts, and any such contractor so authorized shall not be considered to be a consular officer.” 1994—Pub. L. 103–415, which directed amendment of section 24 of the Act of August 18, 1856 (11 Stat. 61, 22 U.S.C. 4221) by inserting at end “Pursuant to such

Regulations

as the Secretary of State may prescribe, the Secretary may designate any other employee of the Department of State who is a citizen of the United States to perform any notarial function authorized to be performed by a consular officer of the United States under this Act.”, was executed to this section, which is section 1750 of the Revised Statutes, to reflect the probable intent of Congress. section 24 of the Act of Aug. 18, 1856, was restated in section 1750 of the Revised Statutes and repealed by section 5596 of the Revised Statutes.

§4221 Depositions and Notarial Acts; Perjury