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15.1 Office of the Secretary of State. 15.2 Office of the Under Secretary of State. § 15.1 Office of the Secretary of State. The official flag indicative of the office of Secretary of State shall be as follows: On a blue rectangular field a white disk bearing the official coat of arms of the United States adopted by the act of June 20, 1782, in proper colors. In each of the four corners a white five-pointed star with one point upward. The colors and automobile flag to be the same design, adding a white fringe. For the colors a cord and tassel of blue and white to be added. The sizes to be in accordance with military and naval customs. (R. S. 161, 5 U. S. C. 22) [Dept. Reg. 108.81, 13 F. R. 6502]

§ 15.2 Office of the Under Secretary of State. The official flag indicative of the office of the Under Secretary of State shall be as follows: On a white rectangular field a blue disk bearing the official coat of arms of the United States adopted by act of June 20, 1782, in proper colors. In each of the four corners a five-pointed star with one point upward. The colors and automobile flag to be the same design, adding a blue fringe. For the colors a cord and tassel of white and blue to be added. The sizes to be in accordance with military and naval customs.

(R. S. 161, 5 U. S. C. 22) [Dept. Reg. 108.81, 13 F. R. 6502]

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(50 Stat. 1334), the United Mexican States shall request the detention in the United States of America of alleged stolen or embezzled motor vehicles, trailers, airplanes, or the component parts of any of them, the request shall be accompanied by documents legally valid in the United Mexican States. The said documents shall be as follows: (a) the original or a certified copy of the sales or conditional sales contract and where registration of title is required by law the certificate of such registration of title; (b) the original or a certified copy of the official registration card; (c) not more than three affidavits identifying the claimant as the owner of the legal or equitable title, or both, to the property alleged to have been stolen or embezzled; (d) the original or a certified copy of any assignment of the property by the insured to the insurer pursuant to a contract of insurance in force at the time the theft or embezzlement was committed.

(R. S. 161; 5 U. S. C. 22) [E. O. 7965, 3 F. R. 2107. Redesignated by Dept. Reg. 108.77, 13 F. R. 6349]

§ 20.2 American motor vehicles, trailers, airplanes, etc., in Mexico. Whenever, in accordance with the provisions of article II of the convention (50 Stat. 1334), the United States of America shall request the detention in the United Mexican States of alleged stolen or embezzled motor vehicles, trailers, airplanes, or the component parts of any of them, the request shall be accompanied by documents legally valid in the United States of America. The said documents shall be as follows: (a) the original or a certified copy of the sales or conditional sales contract and where registration of title is required by law the certificate of such registration of title; (b) the original or a certified copy of the official registration card; (c) not more than three affidavits identifying the claimant as the owner of the legal or equitable title, or both, to the property alleged to have been stolen or embezzled; (d) the original or a certified copy of any assignment of the property by the insured to the insurer pursuant to a contract of insurance in force at the time the theft or embezzlement was committed.

(R. S. 161; 5 U. S. C. 22) [E. O. 7965, 3 F. R. 2107. Redesignated by Dept. Reg. 108.77, 13 F. R. 6349]

Part 30-Advice to Foreign Governments by American Citizens

Sec.

30.1 Uniform practice.

30.2

Statement of circumstances of employment.

30.3 Submission of statement to the Secretary of State.

AUTHORITY: §§ 30.1 to 30.3 issued under R. S. 161; 5 U. S. C. 22.

SOURCE: §§ 30.1 to 30.3 contained in Departmental Order 601 (DR 393-c) Oct. 17, 1934. Redesignated by Departmental Regulation 108.77, 13 F. R. 6349.

§ 30.1 Uniform practice. In order that there shall be a uniform practice in considering requests that American citizens be permitted to counsel, advise, or assist foreign governments, officers, or agents thereof in matters coming before the Department, and in determining whether persons formerly employed by this Government should be permitted to prosecute claims against this Government before the Department, or any officer or agent thereof, the following regulations in this part are prescribed.

§ 30.2 Statement of circumstances of employment. Any such person shall be required to make full disclosure, under oath, of the circumstances of his employment, including a statement as to how and through whom such employment was brought about, particularly whether the employment was the result of solicitation direct or indirect, the inducements, if any, that were held out by him, the nature and amount of compensation received or to be received for his service, and whether such compensation was or is on a contingent basis. If the person has previously been employed by this Government, the statement should indicate the capacity in which he was so employed, the date of the termination of such employment, and whether the subject-matter of his present or proposed employment was before him or the Department or branch of this Government in which he was so employed during the time of such employment. Like information shall be furnished with respect to any and all persons associated with, advising, or counseling him in connection with his present or proposed employment, or who is to share in any fee or compensation on account of such employment.

§ 30.3 Submission of statement to the Secretary of State. Before any discussion or correspondence is begun with a person to whom the preceding section applies, or, if already begun, may be continued, his statement, together with a statement of the pertinent facts of the subject-matter dealt with or to be dealt with, should be brought to the attention of the Secretary of State in order that he may determine whether such discussion or correspondence would be proper under the circumstances.

Part 31-Notification of Foreign Official Status

Sec. 31.1 31.2

31.3 31.4 31.5 31.6

Persons required to give notification. Persons exempted from the requirement to give notification.

Form to be used in giving notification. Form required in triplicate.

Time limit for submission of the form. Termination of official status and departure from the United States. AUTHORITY: §§ 31.1 to 31.6 issued under R. S. 161, sec. 15, 43 Stat. 162, as amended, sec. 10, 56 Stat. 257; 5 U. S. C. 22, 8 U. S. C. 215, 22 U. S. C. 620.

SOURCE: 31.1 to 31.6 appear at 8 F. R. 7308. Redesignated by Departmental Regulation 108.77, 13 F. R. 6349.

§ 31.1 Persons required to give notification. All persons who are entitled to exemption from the registration and finger-printing requirements of the Alien Registration Act of 1940 (54 Stat. 670), as amended, are required to give notification to the Secretary of State of their presence in the United States. persons comprise foreign government officials, members of their families (including relatives by blood or marriage regularly residing in or forming a part of their household), and their employees and attendants.

Such

§ 31.2 Persons exempted from the requirement to give notification. Ambassadors and ministers, and members of their missions named in the Diplomatic List issued monthly by the Department of State, are exempted from the requirement to give notification to the Secretary of State under this part.

§ 31.3 Form to be used in giving notification. A Foreign Official Status Notification form is to be used by the several diplomatic missions in Washington in giving notification of foreign official status to the Secretary of State.

§ 31.4 Form required in triplicate. The form is to be submitted to the Secretary of State in triplicate.

§ 31.5 Time limit for the submission of the form. (a) The form is to be submitted within 30 days after the arrival of the foreign official in the United States or after a change from a nonofficial to an official status.

(b) If the official status claimed is not recognized by the Secretary of State, the person submitting the form must register within another 30 days under the requirements of the Alien Registration

Act.

§ 31.6 Termination of official status and departure from the United States. (a) The diplomatic missions in Washington should notify the Secretary of State of the termination of service of all officials and employees, giving the dates of such termination of service, the dates and ports of their departure from the United States, or their addresses if they are remaining in the United States.

(b) Aliens remaining in the United States after terminating their status as officials or employees are required to be registered and finger-printed within 30 days thereafter under sections 37 (a), 34 (a) and 32 (c) of the Alien Registration Act (54 Stat. 674, 675; 8 U. S. C. 453, 455, 458).

Sec.

40.1

40.2

40.3

40.4

40.5

40.6

Part 40-Visas: Diplomatic

40.7

40.8

40.9

40.10

Definitions.

Officers authorized to grant diplomatic visas.

Types of diplomatic visas; period of validity.

Classes of aliens eligible to receive diplomatic visas.

Classes of aliens ineligible to receive
diplomatic visas.

Chief of mission to report to Depart-
ment in special circumstances.
Applications for diplomatic visas.
Passports required.
Evidence.

Procedure visas. 40.11 Fees. 40.12 Records of diplomatic visas granted or refused.

in granting diplomatic

40.13 Reports to Department. 40.14

Cancelation or revocation of diplomatic visas.

AUTHORITY: §§ 40.1 to 40.14 issued under sec. 24, 43 Stat. 166, sec. 37, 54 Stat. 675; 8 U. S. C. 222, 458. E. O. 5435, Sept. 2, 1930.

SOURCE: $ 40.1 to 40.14 contained in Departmental Regulation 12, 10 F. R. 12679, except as noted following sections affected. Redesignated by Departmental Regulation 108.77, 13 F. R. 6349.

§ 40.1 Definitions. (a) A diplomatic visa is a visa having a special form, stamped on the diplomatic or other passport of an alien who is classifiable within the categories mentioned in §§ 40.4 and 40.6, and who seeks to enter the United States as a nonimmigrant.

(b) A passport is a document of identity and nationality issued by the appropriate authorities of the government to which the alien bearer owes allegiance, identifying the bearer and stating his nationality. It is ordinarily issued for travel purposes.

(c) A diplomatic passport, or the equivalent thereof, is a passport issued to an alien having diplomatic or career consular status, or a passport issued to aliens of special distinction, including high officials and ex-officials. The passport should be marked "Diplomatic Passport" by the issuing authority, if the regulations of the government concerned so require.

§ 40.2 Officers authorized to grant diplomatic visas. (a) Diplomatic and consular officers of the United States are authorized to grant diplomatic visas when such officers are attached to an American mission and are designated by the chief of the mission to grant such visas.

(b) Consular officers (except consular agents) at consular offices, when authorized by a mission or by the Department, may grant diplomatic visas. A mission authorizing the granting at a consular office of a diplomatic visa in an individual case or authorizing the granting of diplomatic visas generally at a consular office will report such authorization to the Department.

(c) The Chief and the Assistant Chiefs of the Visa Division of the Department of State, and the Chief and Assistant Chief of the Diplomatic Visa Section of the Visa Division are authorized to grant diplomatic and official visas to aliens who are diplomatic, or career consular officers of foreign governments, and to members of their immediate families, attendants, servants, and employees, who are in, and desire to reenter, the United States after a temporary absence therefrom. Any such visa shall be considered as having been granted to an alien who

is classified as a nonimmigrant under section 3 (1) of the Immigration Act of 1924, as amended, unless otherwise specified in the visa.

[Dept. Reg. 12, 10 F. R. 12679, as amended by Dept. Reg. 108.86, 13 F. R. 8739]

§ 40.3 Types of diplomatic visas: period of validity. The following types of diplomatic visas may be granted:

(a) A regular diplomatic visa, which, provided the passport to which it is affixed remains valid and provided the status of the holder does not change, will be valid for a period of 12 months during which time the holder may make any number of applications for entry into the United States and territory under the jurisdiction of the United States.

(b) A limited diplomatic visa, which will be valid for a single journey to the United States. Such a visa may be revalidated one or more times for an additional journey to the United States within 12 months of the date of the granting of the visa, provided the bearer is still eligible for such a visa.

§ 40.4 Classes of aliens eligible to receive diplomatic visas—(a) Regular diplomatic visas. Regular diplomatic visas may be granted to the following classes of aliens coming to the United States as nonimmigrants:

(1) Heads of states and their alternates.

(2) Members of a recognized royal family.

(3) Governors general, governors, high commissioners, and other like high administrative or executive officers of a territorial unit and their alternates.

(4) Cabinet ministers and their assistants holding executive or administrative positions not inferior to that of the head of a departmental division or his alternate.

(5) Presiding officers of chambers of consular officers of career.

(6) Justices of the highest national judicial tribunal.

(7) Officers of a diplomatic service and professionally employed as such.

(8) Diplomatic couriers regularly and national legislative bodies.

(9) Military, naval, air, and other attachés and assistant attachés of career assigned to a diplomatic mission.

(10) Military officers holding a rank not inferior to that of brigadier general

in the United States Army and naval officers holding a rank not inferior to that of rear admiral in the United States Navy.

(11) All members of official temporary missions of a diplomatic character.

(12) Officers and representative members of international bodies of an official nature who have diplomatic passports or the equivalent thereof.

(13) Wives and other members of the immediate families of aliens within the above-mentioned categories.

(14) Servants and other employees of aliens within the above-mentioned categories accompanying or following to join their employers.

(15) Such other aliens as the Department may, by special instruction, indicate in individual cases.

(b) Limited diplomatic visas. The following classes of aliens, who are not entitled to regular diplomatic visas, may be granted limited diplomatic visas:

(1) Subordinate members, including employees, of international bodies of an official nature when traveling on the business of the international body, and presenting a diplomatic passport or the equivalent thereof.

(2) Members of delegations proceeding to or from an international conference of an official nature.

(3) Wives and other members of the immediate families of aliens within the above-mentioned categories.

(4) Servants and other employees of aliens within the above-mentioned categories accompanying or following to join their employers.

(5) Such other aliens as the Department may, by special instruction, indicate in individual cases.

§ 40.5 Classes of aliens ineligible to receive diplomatic visas. Diplomatic visas shall not be granted to:

(a) American citizens, or to the alien relatives or servants of American Foreign Service officers or of other United States Government officials, unless the applicant for the visa is entitled to a diplomatic visa in his or her own right. (b) Aliens who are persona non grata. Doubtful cases should be reported to the Department for special instructions.

§ 40.6 Chief of mission to report to Department in special circumstances. If a case arises in which an applicant,

who does not come within the categories specified in § 40.4, requires a diplomatic visa, and it would be undesirable for special reasons to refuse the granting of a diplomatic visa, particular instructions should be requested from the Department.

$ 40.7 Applications for diplomatic visas. (a) Application for a diplomatic visa may be made at any mission, regardless of the nationality or place of residence of the applicant.

(b) As a general rule an alien seeking a diplomatic visa should apply in person to the office from which he desires to obtain the visa. However, the chief of the office may, in his discretion, waive the personal appearance of the applicant. Application for a diplomatic visa shall be made on Foreign Service Forms 257a to 257d, inclusive, for each person 14 years of age or over, even if several persons are to be included in one visa. No oath will be required. Forms 257a, 257b, and 257d shall be given to the bearer of the visa for delivery to the immigration inspector at the port of entry in the United States. Form 257c shall be retained for the office files. When the personal appearance of an applicant is waived the diplomatic or consular officer should complete the application as far as possible from the information available and pin or clip Forms 257a, 257b and 257d to the applicant's passport. In the absence of specific instructions to the contrary, the requirement of a photograph of the applicant may be waived in the discretion of the responsible officer.

[Dept. Reg. 12, 10 F. R. 12679, as amended by Dept. Reg. 108.73, 13 F. R. 4315]

§ 40.8 Passports required. An alien applying for a diplomatic visa must present a diplomatic passport or the equivalent thereof, issued by a government recognized by the United States. When application is made for a regular diplomatic visa, the attention of those applicants whose passports will expire within a year should be called to the fact that the diplomatic visa becomes invalid when the passport expires, in order that they may, if they desire, have the passport extended or obtain a new passport which will remain valid during the whole period of possible validity of the visa.

§ 40.9 Evidence. The officer granting a diplomatic visa must be satisfied that the applicant is entitled thereto. In

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Visa valid for presentation at United States ports at any time during 12 months from date provided passport continues to be valid for such period.

Visa granted under section 3() of the Immigration Act of 1924.

A diplomatic visa shall be placed on the applicant's passport.

(b) The officer granting the diplomatic visa shall complete the visa by filling in all blank spaces.

(c) Diplomatic visas shall be numbered consecutively at each office, the series commencing with No. 1 on July 1 of each year.

(d) A diplomatic visa may include all aliens named in the passport who are entitled under this part to receive such a visa. The names of all persons included in the visa shall be written after the words "SEEN-For the journey to the United States of" in the visa.

(e) When a limited diplomatic visa is granted, the phrase "Valid for single journey to the United States" shall be written or stamped in the visa. When such a visa is revalidated the phrase "Revalidated for additional journey to the United States" shall be written in the visa. All revalidations shall be signed and dated by the responsible officer.

(f) When granting a regular or limited diplomatic visa in a nonimmigrant category under section 3 of the Immigration Act of 1924 to an alien who is a foreign government official proceeding to the United States to transact business for his government the figure "1" shall be in

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