Part

90

95

100

By

Authentication Officer, Department of State

1.1 Officers authorized to sign and issue certificates of authentication.

1.2 Refusal of certification for unlawful purpose.

§ 1.1 Officers authorized to sign and issue certificates of authentication. An officer or employee of the Department of State designated as Authentication Officer or as an Acting Authentication Officer of the said Department may, and he is hereby authorized to, sign and issue certificates of authentication under the seal of the Department of State for and in the name of the Secretary of State or Acting Secretary of State. The form of authentication shall be as follows:

In testimony whereof, I, Secretary of State, have hereunto caused the seal of the Department of State to be affixed and my name subscribed by the Authentication Officer of the said Department, at the

(R. S. 161; 5 U. S. C. 22) [Dept. Reg. 13, 10 F. R. 13396, redesignated by Dept. Reg. 108.77 13 F. R. 6349]

§ 1.2 Refusal of certification for unlawful purpose. The Department will not certify to a document when it has good reason to believe that the certification is desired for an unlawful or improper purpose. It is therefore the duty of the authenticating clerk to examine not only the document which the Department is asked to authenticate but the fundamental document to which previous authentication or authentications may have been affixed.

(R. S. 161; 5 U. S. C. 22) [8 F. R. 6918, redesignated by Dept. Reg. 108.77, 13 F. R. 6349]

Sec.

2.1 2.2

Part 2-Fees for Services

Photostats of records.

Advance payment of fees.

CROSS REFERENCES: For fees in connection with passport services, see Part 51 and § 103.1 of this chapter. For fees in connection with visa services, see Part 44 and § 103.1 of this chapter. For the tariff of United States Foreign Service fees covering invoice services, passport services, visa services for aliens, services to vessels and seamen, and miscellaneous notarial and other services, see § 103.1 of this chapter. For regulations concerning deposit of funds, see Part 9 of this subchapter.

§ 2.1 Photostats of records. A fee of 25 cents per exposure will be charged for furnishing a photostat of any size for non-official purposes.

(R. S. 161; 5 U. S. C. 22) [8 F. R. 6919, redesignated by Dept. Reg. 108.77, 13 F. R. 6349]

§ 2.2 Advance payment of fees. Payment of fees for services is to be made in advance, but the Chief, or Acting Chief, Division of Central Services, may, in special cases, waive the requirement of advance payment.

(R. S. 161; 5 U. S. C. 22) [Dept. Reg. 108.13, 11 F. R. 9551, redesignated by Dept. Reg. 108.77, 13 F. R. 6349]

Part 5-Books, Maps, Newspapers, Etc.

§ 5.1 Purchase. The purchase by the Department of State of books, maps, newspapers, periodicals, and other publications shall be made without regard to the provisions of the act approved March 3, 1933 (sec. 2, 47 Stat. 1520; 41 U. S. C. 10a), since determination has been made by the Secretary, as permitted by the provisions of the act, that such purchase is inconsistent with the public interest. (R. S. 161; 5 U. S. C. 22) [Dept. Reg. 108.78, 13 F. R. 6349]

against an employee by an alleged creditor, so far as the complainant is concerned, beyond acknowledging receipt of his communication.

(R. S. 161; 5 U. S. C. 22) [Dept. Reg. 108.79, 13 F. R. 6349]

§ 7.2 ployees. Persons claiming to be creditors or collectors of debts or claims will be denied access to employees for the purpose of presenting or collecting claims during the hours set apart for the transaction of public business or while the employees concerned are on duty. (R. S. 161; 5 U. S. C. 22) 13 F. R. 6349]

Claimants denied access to em

[Dept. Reg. 108.79,

Part 9-Deposit of Funds

§ 9.1 Checks made payable to the Secretary of State. In all cases where the Department of State requests that funds be deposited with it in connection with letters rogatory, taking of testimony, payment for cables sent and received, passport fees, or for any other purpose, the depositor is to be requested to make the checks, drafts, or money orders remitted therefor payable to the Secretary of State of the United States and to send them to the Department of State for action and deposit. The Chief or Acting Chief of the Division of Finance, or his designee, is hereby authorized to endorse to the Treasurer of the United States, by appropriate stamp, such official checks, drafts, or money orders, except those covering passport fees, as are received in accordance with the provisions of this section. The Chief or Acting Chief of the Passport Division, or his designee, is hereby authorized to endorse to the Treasurer of the United States, by appropriate stamp, official checks, drafts, or money orders covering passport fees, which, in accordance with the provisions of this section, are hereafter to be made payable to the Secretary of State.

(R. S. 161; 5 U. S. C. 22) [Dept. Reg. 108.80, 13 F. R. 6350]

Part 10-Study and Research in the Department of State

AUTHORITY: §§ 10.1 to 10.4 issued under R. S. 161; 5 U. S. C. 22. Interpret or apply No. 8, 27 Stat. 395, as amended: 20 U. S. C. 91.

SOURCE: $ 10.1 to 10.4 contained in Departmental Regulation 108.84, 13 F. R. 8739.

§ 10.1 Definition. The term records is construed in accordance with the act of July 7, 1943 (57 Stat. 380; 44 U. S. C. 366).

§ 10.2 Availability of classified material. Material bearing a security classification will not be made available outside the Department, except under the conditions outlined in the Security Regulations of the Department.

§ 10.3 Use of records by officials of the United States Government other than officers of the Department of State. Authorization for Government officials, other than officers of the Department of State, to use the records of the Department, except where the application is processed: (a) through liaison channels of the Division of Communications and Records, for civilian agencies of the Government; (b) through the Office of Libraries and Intelligence-Acquisition, for intelligence agencies; (c) through the Office of Controls, for security agencies; and (d) through the Legislative Counsel or Assistant Secretary of State-Administration, for Congressional committees and their staffs and for individual Congressmen; will be subject to such conditions as the chiefs of the appropriate policy divisions of the Department of State, in consultation with the Chief of the Division of Historical Policy Research and the Chief of the Division of Security, may deem it advisable to prescribe.

§ 10.4 Use of records by persons who are not officials of the United States Government-(a) Records of the open period. The records of the Department prior to January 1, 1923, with certain exceptions such as records relating to the citizenship of individuals, unsettled claims, and Foreign Service inspection and personnel records, are open for inspection by the general public at the National Archives, subject to its regulations. On January 1, 1949, and each year thereafter until January 1, 1955, this date will be automatically advanced one year.

(b) Records of the restricted period. Records of the Department between the open period and January 1, 1933 are restricted and are available for use under the following regulations:

(1) Applicants such as lawyers, publicists, and scholars must satisfy the Department that they are qualified to do research and that they have an important and definite use for the information desired.

(2) Applicants must confine their requests for material to specific subjects or particular papers. (Neither the Department nor the National Archives is in a position to assemble large quantities of papers for persons not officials of the United States Government.)

(3) Applicants must agree to utilize records made available to them subject to such conditions as the Department may find it necessary to prescribe.

(4) An application from an alien to consult the records of the Department under this regulation, except in the case of an alien visiting this Government under an international-exchange program administered by the United States, will be considered only if such an application is accompanied by a letter from the head of the embassy or legation at Washington of the country of which the alien is a citizen, subject, or national. Such a letter will show that the applicant is favorably known to the appropriate embassy or legation and that the mission is familiar with the applicant's work. The Department, however, reserves the right, without prejudice, to refuse permission to consult the original records to any alien applicant.

(5) Applications to consult restricted records will be referred to the Chief of the Division of Historical Policy Research, who will inform the applicants as to whether the desired records can be made available within security restrictions. The Division of Historical Policy Research will make any necessary arrangements for applicants to consult official files subject to such conditions as may be decided upon.

(c) Records of the closed period. Records of the Department of a date later than January 1, 1933, or such subsequent date as may be fixed by the Department, will normally be regarded as closed, and will be made available to persons who are not officials of the United States Government only in exceptional circumstances upon determination that the interests of national policy are served thereby.

(d) Liberal interpretation of regulation. It is the policy of the Department to make its records available to persons