§ 42. — Same; custody and use of.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
TITLE 4--FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES
CHAPTER 2--THE SEAL
Sec. 42. Same; custody and use of
The Secretary of State shall have the custody and charge of such
seal. Except as provided by section 2902(a) of title 5, the seal shall
not be affixed to any instrument without the special warrant of the
(July 30, 1947, ch. 389, 61 Stat. 643; Pub. L. 89-554, Sec. 2(a), Sept.
6, 1966, 80 Stat. 608.)
1966--Pub. L. 89-554 struck out provisions which required the
Secretary of State to make out and record, and to affix the seal to, all
civil commissions for officers of the United States appointed by the
President. See section 2902(a) of Title 5, Government Organization and
Ex. Ord. No. 10347. Affixing of Seal Without Special Warrant
Ex. Ord. No. 10347, Apr. 18, 1952, 17 F.R. 3521, as amended by Ex.
Ord. No. 11354, May 23, 1967, 32 F.R. 7695; Ex. Ord. No. 11517, Mar. 19,
1970, 35 F.R. 4937, provided:
By virtue of the authority vested in me by section 301 of title 3 of
the United States Code (section 10, Public Law 248, approved October 31,
1951, 65 Stat. 713), and as President of the United States, I hereby
authorize and direct the Secretary of State to affix the Seal of the
United States, pursuant to section 42 of title 4 of the United States
Code [this section], without any special warrant therefor, other than
this order, to each document included within any of the following
classes of documents when such document has been signed by the President
and, in the case of any such document to which the counter-signature of
the Secretary of State is required to be affixed, has been counter-
signed by the said Secretary:
1. Proclamations by the President of treaties, conventions,
protocols, or other international agreements.
2. Instruments of ratification of treaties.
3. Full powers to negotiate treaties and to exchange ratifications.
4. Letters of credence and recall and other communications from the
President to heads of foreign governments.
5. Exequaturs issued to those foreign consular officers in the
United States whose commissions bear the signature of the chief of state
which they represent.