§ 4221. — Depositions and notarial acts; perjury.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC4221]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 52--FOREIGN SERVICE
SUBCHAPTER XIV--POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS
GENERALLY
Sec. 4221. Depositions and notarial acts; perjury
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.
(R.S. Sec. 1750; Apr. 5, 1906, ch. 1366, Sec. 3, 34 Stat. 100; Pub. L.
103-415, Sec. 1(mm)(2), Oct. 25, 1994, 108 Stat. 4304; Pub. L. 105-277,
div. G, subdiv. B, title XXII, Sec. 2222(c)(1), Oct. 21, 1998, 112 Stat.
2681-818.)
References in Text
This Act, referred to in text, probably means the act of Aug. 18,
1856, ch. 127, 11 Stat. 52, as amended. That act was incorporated into
the Revised Statutes as R.S. Secs. 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. Sec. 1750 derived from act Aug. 18, 1856, ch. 127, Sec. 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.
Section Referred to in Other Sections
This section is referred to in section 4191 of this title; title 18
section 3492; title 35 section 115.
