Usa Notarials Overseas

[Thanyaburi Mac]

Here's the page from the State Department's www site.

In particular, note this para as there are some people claiming to be able to do notarials themselves:

"CAN A NOTARY PUBLIC FROM THE UNITED STATES PERFORM THAT FUNCTION ABROAD? No. The commission of a notary public is limited to the jurisdiction within the particular state in the U.S. for which the commission was issued. For additional information about notaries in the United States contact the National Notary Association, a Non-Profit Educational Organization, 8236 Remmet Avenue, P.O. Box 7184, Canoga Park, CA 91304-7184, tel: 818-713-4000.:

Mac

http://travel.state.gov/law/info/judicial/judicial_2086.html

NOTARIAL AND AUTHENTICATION SERVICES OF U.S. CONSULAR OFFICERS ABROAD

DISCLAIMER: THE INFORMATION IN THIS CIRCULAR IS PROVIDED FOR GENERAL INFORMATION ONLY. FOR QUESTIONS CONCERNING ADMISSIBILITY OF DOCUMENTS EXECUTED ABROAD SEE APPROPRIATE FEDERAL AND STATE STATUTES. QUESTIONS INVOLVING INTERPRETATION OF SPECIFIC FOREIGN LAWS SHOULD BE ADDRESSED TO FOREIGN COUNSEL.

HOW DO YOU GET A DOCUMENT NOTARIZED OVERSEAS? Consular officials at any U.S. embassy or consulate abroad can provide a service similar to the functions of a notary public in the United States. It is also possible to have a document notarized by a local foreign notary and then have the document authenticated by the appropriate foreign authority in a country party to the Hague Convention Abolishing the Requirement for Legalization of Foreign Public Documents (which includes notarial documents).

WHAT IS THE LEGAL AUTHORITY FOR CONSULAR PERFORMANCE OF NOTARIAL AND AUTHENTICATIONS SERVICES? Notarial and authentication services are one of the oldest traditional consular functions dating back to Statute I, Session I, Chapter 24 of April 14, 1792, "An Act Concerning Consuls and Vice Consuls". See 22 U.S.C. 4215; 2 U.S.C. 4221; Rule 44(a)(2) FRCvP, 28 U.S.C. Appendix; Rule 902(3) FREv, 28 U.S.C. Appendix; 28 U.S.C. 1740; 1741; 22 Code of Federal Regulations (CFR) 92.2 et seq. Only persons who meet the definition of "notarizing officer" may notarize documents at a U.S. embassy or consulate. See 22 C.F.R. 92.1(d). The term "notarizing officer" at a U.S. embassy or consulate includes consular officers, officers of the Foreign Service who are secretaries of embassy or legation under 22 U.S.C. 4221 and such U.S. citizen employees as the Deputy Assistant Secretary of State for Overseas Citizens Services may designate for the purpose of performing notarial acts overseas pursuant to Section 127( of the Foreign Relations Authorization Act, Fiscal Years 1994-1995, Pub. L. 103-236, April 30, 1994. See also the Uniform Notarial Act, the Uniform Recognition of Acknowledgments Act and the Uniform Acknowledgment Act.

IS THERE A TREATY AUTHORITY PERMITTING CONSULAR OFFICERS TO PERFORM NOTARIAL AND AUTHENTICATION SERVICES ABROAD? Notarial functions of consuls are included in the earliest treaties dating back to the eighteenth and nineteenth centuries. In modern times, Article 5(f) of the multilateral Vienna Convention on Consular Relations of 1963, 21 U.S.T. 77, to which more than 165 countries are parties, authorizes consular officers to perform notarial functions. Bilateral consular conventions include similar provisions.

HOW DO THE NOTARIAL FUNCTIONS OF U.S. CONSULAR OFFICIALS DIFFER FROM THOSE OF A U.S. NOTARY PUBLIC? Like a notary public in the U.S., the consular official must require the personal appearance of the person requesting the notarial service; establish the identity of the person requesting the service; establish that the person understands the nature, language and consequences of the document to be notarized; and establish that the person is not acting under duress. (22 C.F.R. 92.31). In addition, the consular official must be satisfied that the act does not come within the purview of the regulatory bases for refusal to provide the notarial service set forth at 22 C.F.R. 92.9. This requires that the consular officer be generally familiar with the laws of the foreign country, U.S. law, and treaty obligations, or consult the Department of State when a matter is in doubt. Finally, in addition to the usual functions of notaries related to oaths, affidavits and acknowledgments, U.S. consular officials authenticate documents, a governmental act, which is not performed by notaries in the United States.

WHAT IS THE BASIS FOR A CONSULAR OFFICIAL TO REFUSE TO PROVIDE A NOTARIAL OR AUTHENTICATION SERVICE: Refusal of notarial and authentication services by consular officers can only be done under specific limited circumstances. (22 CFR 92.9, 92.10). The historical basis for refusal to provide the service dates back to 1866 when the Attorney General found that consuls could refuse to authenticate a power of attorney executed before a notary public in the United Kingdom related "to property acquired during the {Civil} War, in violation of the proclamations of the President and acts of Congress, and by parties who were actively engaged in running the blockade." (See Official Opinions of the Attorneys General of the United States, Vol. XII, Opinion of Hon. Henry Stanbery of Ohio, August 1, 1866.) Bases for refusal include (a) acts not authorized by treaty or permitted by laws of foreign country; ( acts prohibited by laws or regulations of the U.S. (such as regulations promulgated pursuant to the Trading With the Enemy Act or successor statutes); or © if the consular official believes that the document will be used for a purpose patently unlawful, improper or inimical to the best interests of the United States.

DO U.S. EMBASSIES AND CONSULATES PROVIDE NOTARIAL AND AUTHENTICATION SERVICES FOR NON-U.S. CITIZENS? Yes. 22 C.F.R. 92.4( provides that these services may be performed for any person regardless of nationality so long as the document in connection with which the notarial/authentication service is required is for use within the jurisdiction of the United States.

WHAT ARE THE HOURS OF OPERATION FOR NOTARIAL SERVICES AT U.S. EMBASSIES AND CONSULATES? Contact the Consular Section, American Citizens Services of the U.S. embassy or consulate in advance to determine the hours of operation for notarial/authentication services. Hours may vary for U.S. citizens and foreign nationals. The telephone numbers and addresses of U.S. embassies and consulates are listed in our Country Specific Information , available through our autofax service and on our home page on the Internet.

EXAMPLES OF NOTARIAL/AUTHENTICATION ACTS:

Acknowledgment: To "acknowledge" is to admit, affirm, or declare; to recognize one's acts, assuming obligation or incurring responsibility. For example, if you sign a deed before a notarial officer, you acknowledge your signature.

Oath: Any form of an attestation by which a person signifies that he or she is bound in conscience to perform an act faithfully and truthfully. A person who intentionally makes false statements under oath before a U.S. consular official is punishable for perjury (22 U.S.C. 4221).

Affirmation: A solemn and formal declaration that an affidavit is true, that the witness will tell the truth, etc.

Affidavit: A written or printed declaration or statement of facts, made voluntarily, and confirmed by the oath or affirmation of the person making it, taken before an officer having authority to administer such an oath.

Attestation: The act of witnessing an instrument in writing, at the request of the party executing the document, and subscribing it as a witness.

Corporate Acknowledgment: Officials of corporations who desire to execute an instrument in their capacity as corporate officials before a consular notarizing officer must present adequate proof of their corporate identity.

WHAT IS AUTHENTICATION: An authentication is the placing of the consular seal over the seal of a foreign authority whose seal and signature is on file with the American embassy or consulate. A consular authentication in no way attests to the authenticity of the contents of a document but merely to the seal and signature of the issuing authority.

WHAT IS AN "APOSTILLE"? The name of the authentication certification provided for under the Hague Convention Abolishing the Legalization of Foreign Public Documents , a multilateral treaty to which the United States is a party.

WHAT IS THE LEGAL AUTHORITY FOR MEMBERS OF THE ARMED SERVICES TO PERFORM NOTARIAL ACTS ABROAD? See 10 U.S.C. 936 (Article 136 of the Uniform Code of Military Justice) and the respective Status of Forces Agreement (SOFA) between the U.S. and the foreign country in question. These services are limited to persons coming within the jurisdiction of the U.S. military base abroad, and are not available for the traveling public.

CAN A NOTARY PUBLIC FROM THE UNITED STATES PERFORM THAT FUNCTION ABROAD? No. The commission of a notary public is limited to the jurisdiction within the particular state in the U.S. for which the commission was issued. For additional information about notaries in the United States contact the National Notary Association, a Non-Profit Educational Organization, 8236 Remmet Avenue, P.O. Box 7184, Canoga Park, CA 91304-7184, tel: 818-713-4000.

CAN STATES IN THE U.S. APPOINT COMMISSIONERS OF DEEDS TO PERFORM EXTRATERRITORIALLY NOTARIAL ACTS FOR USE IN THAT STATE? Some states have very old statutes which provide for such appointments. However, in the exercise of such powers under state law, commissioners of deeds may violate the sovereignty of a foreign country, because the commissioners would be performing the functions of duly authorized officials of the foreign country.

IS IT AGAINST THE LAW FOR AN AMERICAN NOTARY OR COMMISSIONER OF DEEDS TO PERFORM EXTRATERRITORIAL NOTARIAL ACTS? There are certain foreign countries which provide criminal penalties for unauthorized acts of a foreign official, which such a commissioner of deeds would be considered to be, in their territory. The Department of State recommends that State Secretaries of State not appoint commissioners of deeds to perform their functions in a foreign country until it is established, with the Department's help, that the host government would not object.

HOW CAN A U.S. CITIZENS BECOME A NOTARY PUBLIC IN A FOREIGN COUNTRY? The procedures for becoming a notary public vary from country to country, and may require that the individual be a citizen of the foreign country. Specific questions may be addressed to the embassy of the foreign country in Washington, D.C.

WHAT FEES ARE CHARGED FOR CONSULAR NOTARIAL AND AUTHENTICATION SERVICES ABROAD? Effective June 1, 2002, there is a $30.00 fee for the first notarial service requested, and a $20 fee for each additional seal provided at the same time in connection with the same transaction. See Federal Register, May 16, 2002, Volume 67, Number 95, Rules and Regulations, Page 34831-34838; 22 CFR 22.1, Item No. 41(a) and 41(. Also effective June 1, 2002, there is a $30.00 fee for each authentication service provided by a U.S. embassy or consulate abroad. Item No. 44. Fees may be paid in cash or by certified check or money order. No personal checks are accepted. Certified checks or money orders should be made payable to the American embassy or consulate. (For example, American Embassy Kingston.)

CAN A CONSULAR OFFICER'S SEAL BE FURTHER AUTHENTICATED? Yes, the Department of State's Authentication Office can authenticate the seal of a consular officer. The Authentication Office is located at 518 23rd St., N.W., Washington, D.C. 20520, tel: (202) 647-5002; 1-800-688-9889, and choose option 6 after you press 1 for touch tone phones. Walk-in service is available from 8 a.m. to 12 noon Monday-Friday, except holidays. There is a fee of $5.00.

ADDITIONAL INFORMATION: The Office of American Citizens Services has available general information flyers on international judicial assistance many of which are available through our automated fax system or via our Internet Consular Affairs Home Page. These topics include: Hague Legalization Convention; General Authentication Flyer.

The Bureau of Consular Affairs maintains general information on related topics in the judicial assistance section of our website at http://travel.state.gov. The Office of the Legal Adviser also maintains information on other topics of private international law on the State Department’s main website, http://www.state.gov.

SELECTED REFERENCES:

Anderson's Manual for Notaries Public (1962).

Barnes & Morgan, The Foreign Service of the United States: Origins, Development, and Functions, Historical Office, Bureau of Public Affairs, Department of State, 58, 116-117 (1961).

Gauss, A Notarial Manual for Consular Officers, (1921).

John's American Notary and Commissioner of Deeds Manual (1942).

Lee, Consular Law and Practice, Clarendon Press, Oxford, 231, 234 (1991).

Puente, The Foreign Consul, Burdette J. Smith & Co., Chicago, 74, 75 (1926).

Rothman, Notary Public, Practices & Glossary, National Notary Association, (1978).

QUESTIONS: If you have additional questions, contact the appropriate geographic division of the Office of American Citizen Services and Crisis Management at (202) 647-5225 or 202-522-5226.

2/98

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx