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abroad, including service as a Peace

ing applicants who are officers or former Corps volunteer or in required active officers of other Federal Government military service subsequent to establish- agencies. Principally, these will be pering eligibility for appointment will not sons possessing skills and abilities in be counted in the 30-month period. short supply in the Foreign Service ap

(b) The Chairman of the Board of pointed to meet rapidly changing reExaminers may extend the eligibility quirements. On a limited and highly period when such extension is in his selective basis, however, other persons judgment justified in the interests of may be appointed who have demonthe Service. He shall report to the Board strated outstanding qualities of leaderof Examiners the extensions he has ship and who

possess capabilities, approved.

insights, techniques, experiences, and

differences of outlook which would serve § 11.8 Travel expenses of candidates.

to enrich and stimulate the Foreign The travel and other personal expenses Service and enable them to perform efof candidates incurred in connection with fectively in assignments both abroad and the written and oral examination will in the Department. not be borne by the Government, except (b) Magnitude. (1) The Department that the Department may issue round- places no numerical limitation on the trip invitational travel orders to bring lateral appointment of FSR, FSSO, and candidates to Washington at Govern- Civil Service officers on its rolls who apment expense when it is determined that ply, are certified on the basis of service it is necessary in ascertaining a candi- need by personnel management authoridate's qualifications and adaptability for ties for examination, and are found appointment.

qualified by the Board of Examiners. $ 11.11 Lateral entry appointment of

(2) Lateral entry from other sources Foreign Service Officers to Classes 1

is limited and based on intake levels esthrough 6.

tablished in accordance with total

Foreign Service officer manpower and Appointments of Foreign Service offi

functional requirements upon certificacers, under the provisions of section 517

tion of service needs. of the Foreign Service Act of 1946, as

(c) Eligibility requirements. The reamended, are governed by the regula

ligion, race, sex, and political affiliations tions in this section.

of a candidate will not be considered in (a) Purpose of lateral entry appoint

designations, examinations, or certifiment. (1) The lateral entry program is a cations. means by which the intake of Foreign

(1) Citizenship. Each applicant must Service officers through the junior For- have been a citizen of the United States eign Service officer examination can be

for at least 10 years and, if married, shall supplemented to meet total requirements be married to a citizen of the United for Foreign Service officers. Lateral entry

States. appointments are made only to Classes 1

(2) Service. On the date of applicathrough 6, insuring retention of the ca

tion, each applicant must have completed reer principle of entry primarily at Clas- at least 3 years of service (4 years if ses 7 and 8 through competitive exam

under age 31) in a position of responsiination. Additional officers will be added

bility in a Federal Government agency to the Foreign Service Officer Corps

or agencies. For this purpose, a position through lateral entry on the basis of es

of responsibility is defined as service as tablished service need for each class by

a Foreign Service Reserve officer at Class functional specialty or general manpower

7, a Foreign Service Staff officer at requirements.

Class 6, in the Departmental service as (2) The great majority of lateral en- GS–9, and in the Armed Forces of the trants will be drawn from officers of the United States at the grade of First LieuDepartment and the Foreign Service of tenant or Lieutenant Junior Grade, or proven ability who possess high potential higher. The duties and responsibilities for advancement, or similar personnel of of the position occupied by the applicant other foreign affairs agencies who may must have been similar or closely rebe appointed based on agreements be- lated to that of a Foreign Service officer tween the Department and those

in terms of knowledge, skills, and abilagencies.

ities. To be eligible, an applicant must (3) The need for other lateral entrants have been in or currently be in a grade in Classes 1 through 6 is met by appoint- or class comparable to FSO_6 or be re

ceiving a base salary at least equal to partment of State. Application is made the first salary step of that class.

for a Foreign Service officer appoint(3) Other. On the date of application, ment under the lateral entry provisions each applicant for lateral entry appoint- of section 517 of the Foreign Service Act, ment should be under age 54. Candidates but not for a class. The Board establishes will not normally be certified who are a file for each applicant, placing therein more than 55 years of age since Foreign all available documentation of value in Service officers are expected to serve 5 evaluating the applicant's potential for years or more before reaching mandatory appointment as a Foreign Service offiretirement age.

cer. The file is reviewed initially to de(d) Recruitment. (1) It is the Depart- termine if the applicant meets the ment's policy to encourage eligible per- statutory and other eligibility requiresonnel on its rolls to apply for lateral ments and to assess his skills relative to entry into the Foreign Service Officer the needs of the Service. The examinaCorps, including, in particular, the fol- tion of candidates is based on the needs lowing categories:

of the Service for specific skills and (i) Foreign Service Reserve officers, experience. who, in competition with Foreign Sery- (f) Examination for lateral entry-(1) ice officers, are either recommended for General. The filing of an application promotion or ranked in the upper per- with the Board of Examiners for the Forcentage groups of their class;

eign Service does not in itself entitle an (ii) Foreign Service Staff officers who applicant to examination. The decision are recommended for consideration for whether to proceed with an oral examlateral entry by a Staff Officer Selection ination, as well as with a detailed backBoard, whose performance has been con- ground investigation, is made by the sistently of a high caliber, and whose Board of Examiners after determining background, experience, and general eligibility for appointment, medical qualqualifications indicate they can contrib- ifications, and a thorough review of the ute to the Foreign Service Officer Corps applicant's qualifications. Each appliand compete favorably with Foreign cant's background, experience, performService officers;

ance, and other related documentation (iii) Civil Service officers in the De- are carefully studied and evaluated. partment and domestic Foreign Service Careful consideration is given to the Reserve officers who are serving in posi- functional needs of the Service in maktions to which Foreign Service officers ing this assessment. A certification of are normally assigned, who have superior need to the Board of Examiners by the records, and who can be expected to Department's personnel management make substantial contributions to For- authorities is required before proceeding eign Service work and compete favorably further with the examination. An oral with Foreign Service officers.

examination is granted only in those (2) The Department also considers cases where the applicant is found to highly qualified applicants from other possess superior qualifications, proven agencies of the Government and from ability, and, at the middle levels, high outside the Federal service who meet the potential for advancement. statutory and other eligibility require- (2) Class of appointment. In determents and for whom there has been a mining the class at which candidates are certification of need as an additional considered for appointment, the initial Foreign Service officer. Appointments presumption is that the candidate is from these sources for the limited va- eligible for examination for the Foreign cancies available are made on a com- Service officer class which equates with petitive basis to fill specific Service needs his salary level at the time of examinaafter assuring that the vacancies cannot tion. In evaluating qualifications, and in be filled by Foreign Service officers al- conducting oral examinations, panels ready in the Foreign Service Officer carefully assess candidates to determine Corps.

whether their total qualifications com(e) Method of application. Applicants pare favorably with officers at their curfor lateral entry must complete Stand- rent class level. However, the Board of ard Form 171. Personal Qualifications Examiners, at its discretion, may certify Statement, and Form DSP-34, Supple- a candidate for appointment as a Forment to Application for Federal Employ

eign Service officer at a class other than ment, and forward them to the Board of that equating to his salary in those inExaminers for the Foreign Service, De

stances where the Board determines that the candidate's qualifications clearly given oral examinations by a panel of warrant such action. A candidate's total deputy examiners appointed by the Board qualifications, as evaluated by the exam- of Examiners from a roster of Foreign ing panels and the Board, will have an Service officers, Civil Service officers of important bearing on the decision to the Department, officers of other Federal certify a candidate for appointment at a agencies, and from members of the pubclass other than that which equates to lic. The panel shall include at least one his current salary.

officer from the same professional spe(3) Application validity and termina- cialty as that for which the applicant is tion. If an applicant is not called for being examined. examination within 2 years from the date (b) The oral examination is normally of his application, or, if based on the given in Washington, but may, in excepqualifications review, it is decided not to tional circumstances, be given at Foreign proceed further with his candidacy, or Service posts selected by the Board of Exif he is not certified as a successful aminers, but not at the candidate's post candidate following examination, his of assignment. candidacy will be terminated. He may, (v) Findings of examining panels. however, reapply after 12 months by Determinations of duly constituted submitting a new application.

panels of examiners and deputy examin(4) Purpose of examination. The pur- ers are final, unless modified by specific pose of the examination is to determine action of the Board of Examiners for the an applicant's competence to perform the Foreign Service. function or functions for which he is (g) Certification for appointment. being considered and his fitness for a After completion of all aspects of the exForeign Service career.

amination, the Board of Examiners cer(5) Nature of examination-(i) Medi- tifies for appointment successful candical. A medical examination is required dates specifying the class and salary for for the applicant and his dependents who

which they are found qualified. will reside with him on tours abroad. [Dept. Reg. 108.592, 33 F.R. 10845, July 31, Each applicant and his dependents shall

1968] meet the physical requirements for full Foreign Service duty. Normally, failure PART 12-COMPLAINTS AGAINST to meet the medical requirements will EMPLOYEES BY ALLEGED CREDIpreclude appointment as a Foreign Sery

TORS ice officer. In exceptional cases, the Director General may grant a waiver

Sec. of the physical requirements in the in

12.1 No cognizance taken of complaint.

12.2 terest of the Service.

Claimants denied access to employees. (ii) Security. Each applicant shall

AUTHORITY: The provisions of this part 12 have demonstrated his loyalty to the

issued under sec. 4, 63 Stat. 111, as amended;

22 U.S.C. 2658. Government of the United States and his attachment to the principles of the

SOURCE: The provisions of this Part 12 apConstitution. A background investiga

pear at 22 F.R. 10789, Dec. 27, 1957, unless

otherwise noted. tion shall be conducted or appropriate security clearance shall be assured.

§ 12.1

No cognizance taken of com(iii) Qualifications evaluation. An plaint. evaluation is made of the education, The Department of State will take no training, experience, and work perform- cognizance of a complaint against an ance of the applicant based on his appli- employee by an alleged creditor, so far cation forms, records of performance, as the complainant is concerned, beyond interviews, background investigative re

acknowledging receipt of his communiports, and other available information.

cation. A record of successful performance overseas is not a lateral entry prerequisite,

$ 12.2

Claimants denied access to embut is considered an additional favorable

ployees. factor in evaluating an applicant.

Persons claiming to be creditors or (iv) Oral examination. (a) Candidates collectors of debts or claims will be derecommended for further consideration nied access to employees for the purpose after completion of the qualifications re

of presenting or collecting claims during view and evaluation outlined in subpara

the hours set apart for the transaction graph (1) of this paragraph and sub

of public business or while the employees division (iii) of this subparagraph are concerned are on duty.

PART 13-PERSONNEL Sec. 13.1 Improper exaction of fees. 13.2 Embezzlement. 13.3 Liability for neglect of duty or for mal

feasance generally; action on bond;

penalty. 13.4 False certificate as to ownership of

property. AUTHORITY: The provisions of this Part 13 issued under sec. 302, 60 Stat. 1001; 22 U.S.C. 842.

SOURCE: The provisions of this Part 13 appear at 22 F.R. 10789, Dec. 27, 1957, unless otherwise noted. § 13.1 Improper exaction of fees.

Any consular officer who collects, or knowingly allows to be collected for any services any other or greater fees than are allowed by law for such services, 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. The refund and penalty may be recovered with costs, in any proper form of action, by such person for his own use. The amount of such overcharge and penalty may at the discretion of the Secretary of the Treasury be ordered withheld from the compensation of such officer for payment to the person entitled to the same (22 U.S.C. 1189).

NOTE: The foregoing relates to improper collection and personal withholding of funds by consular officers. For procedure where a collection, having been erroneously made, has been returned by the officer to the Treasury in good faith, making a subsequent accounting adjustment necessary, see § 22.4, Refund of fees of this chapter. § 13.2 Embezzlement.

Every consular officer who shall receive money, property, or effects belonging to a citizen of the United States and shall not within a reasonable time after demand made upon him by the Secretary of State or by such citizen, his executor, administrator, or legal representative, account for and pay over all moneys, property, and effects, less his lawful fees, due to such citizen, shall be deemed guilty of embezzlement, and shall be punishable by imprisonment for not more than five years, and by a fine of not more than $2,000 (22 U.S.C. 1198). Penalties of imprisonment and fine are also prescribed for embezzlement in connection

with the acceptance, without execution of a prescribed form of bond, of appointment from any foreign state as administrator, guardian, or to any other office of trust for the settlement or conservation of estates of deceased persons or of their heirs or of persons under legal disabilities (22 U.S.C. 1178 and 1179). Acceptance of such appointments is not ordinarily permitted under existing regulations. See § 92.81 of this chapter. § 13.3 Liability for neglect of duty or

for malfeasance generally; action on

bond; penalty. Whenever any consular officer wilfully neglects or omits to perform seasonably any duty imposed upon him by law, or by any order or instruction made or given in pursuance of law, or is guilty of any willful malfeasance or abuse of power, or of any corrupt conduct in his office, he shall be liable to all persons injured by any such neglect, or omission, malfeasance, abuse, or corrupt conduct, for all damages, occasioned thereby; and for all such damages, he and his sureties upon his official bond shall be responsible thereon to the full amount of the penalty therof to be sued in the name of the United States for the use of the person injured. Such suit, however, shall in no case prejudice, but shall be held in entire subordination to the interests, claims, and demands of the United States, as against any officer, under such bond, for every willful act of malfeasance or corrupt conduct in his office. If any consul neglects or omits to perform seasonably the duties imposed upon him by the laws regulating the shipment and discharge of seamen, or is guilty of any malversation or abuse of power, he shall be liable to any injured person for all damage occasioned thereby; and for all malversation and corrupt conduct in office, he shall be punishable by imprisonment for not more than five years and not less than one, and by a fine of not more than $10,000 and not less than $1,000 (22 U.S.C. 1199). f 13.4 False certificate as to ownership

of property. If any consul of vice consul falsely and knowingly certifies that property belonging to foreigners is property belonging to citizens of the United States, he shall be punishable by imprisonment for not more than three years, and by a fine of not more than $10,000 (22 U.S.C. 1200).

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1

$2.00

: 60 . 20

2 3

1.00

1.00

a. For each search for a record and for making a copy or extract thereof, by photostat or

otherwise (single page).-
b. For each additional copy of the first page, for 25 copies or less, for each copy of the

second page, for 25 copies or less and for each copy of each additional page, for 25

copies or less.
C. For each copy in excess of the 25 copies of each page.

(This fee does not apply to such customary activities as issuance of copies of records
(1) from supplies kept for distribution, such as press releases and information leaflets;
(2) as part of normal and generally reciprocal services performed by the Library of
the Department at the request of similar agencies or institutions: or (3) in lieu of or as
enclosures to letters with the purpose of saving costs in preparing mail.)

(The routine servicing of requests of persons having permission to do research in
the records under section 185.4 of the Manual of Regulations and Procedures of the
Department of State is not to be considered as searching within the meaning of this
item. Any copying performed under this proviso, including the first copy of any first
page, shall be at the rate indicated in Item No. 1b or 1c, and authenticating at the rate

under Item No. 3.)
For each signed statement of negative result of a search for a record (Item 1 above)..
For certifying under official seal that a copy or extract made by the Department from its
records is a true copy..

(Fees for searching and for copying, if required, are an additional charge under Item 1.)
Authenticating a Federal, State or Territorial seal, or certifying to the official status of an
officer of the United States Department of State, or of a foreign diplomatic or consular
officer accredited to or recognized by the United States Government, on any document

submitted to the Department for that purpose...
Any service described in Items 1, 2, 3, or 4 above, when-
a. Required for officials use by an agency of the Federal Government or of any of the

States or their subdivisions or of the District of Columbia, or of any of the territorios
and possessions of the United States...
Required for official use by a foreign government, or by an international agency of

which the Government of the United States is a member, or by a foreign official to
whom the United States has granted diplomatic or consular status, in circumstances

where furnishing the service is an appropriate courtesy..
Performed in response to a subpoena or other order of a court. (However, fees are charge-

able when the service is for the benefit of a party in interest and a court order or

subpoena is issued in his behalf..
Parformed in providing to a party in interest, one copy of the transcript of a hearing

held before a panel, board, or other authority of the Department.
Performed in providing to a party in interest, for delivery to and retention by an agency

of the Federal Government, one copy under seal of a personal document (viz., con-
ular form report of birth, certificate of witness to marriage, or report of death of an

American citizen, etc.).
Performed in providing to a near relative or legal representative, one copy under seal

of a consular form report of death of an American citizen..

2. 50

5

No fee

No fee

No fee

No fee

No fee

No fee

(22 F.R. 10790, Dec. 27, 1957, as amended by Dept. Reg. 108.572, 32 F.R. 16212, Nov. 28, 1967)

§ 21.2 Requesting services and forward

ing remittances. (a) Request for services, accompanied by remittance of the exact total fare chargeable (as well as by a stamped addressed return envelope if certified mail, registered mail, air mail, or special delivery mail service is desired), shall be addressed to the Authentication Officer,

Department of State, Washington, D.C. 20520.

(b) Remittances shall be in the form either of (1) check or bank draft drawn on a bank in the continental United States, or (2) postal money order, or (3) cash. Remittances shall be made payable to the order of the Department of State. The Department will assume no

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