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22 U.S.C. § 4221Depositions and notarial acts; perjury

submitted 120 years ago by Pub. L. 103-415 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 528 words · no verdicts yet

in plain englishAI-generated · not legal advice

Specified embassy, legation, and consular officers may perform oaths and notarial acts overseas with United States effect. The section also sets rules for perjury, forged seals or signatures, evidence, punishment, and designation of other State Department employees.

A secretary of an embassy or legation and a consular officer may, when required or considered necessary or proper, at the relevant post or within the embassy, legation, or consulate, administer or take an oath, affirmation, affidavit, or deposition and perform any notarial act a United States notary public may perform. Where there is no consular officer, the Secretary of State may authorize another United States Government officer or employee who is a United States citizen serving overseas, including a contract employee, to do so; an authorized contractor is not considered a consular officer. When certified with the officer’s hand and office seal, each such act has the same validity and effect in the United States as if done there by a duly authorized person. A person who willfully and corruptly commits or procures perjury in such an act may be prosecuted in any United States district as if the offense occurred in the United States and receives the punishment and disability Congress provides. A document showing the officer’s seal and signature is admissible without proving their genuineness or the officer’s official character. A person who forges such a seal or signature, or knowingly offers a document with a false or counterfeit one, commits a misdemeanor and on conviction must be imprisoned from one to three years and fined up to $3,000; the case may be handled in the district where the person is arrested or held. Under regulations the Secretary of State makes, the Secretary may designate another United States-citizen Department of State employee to perform any notarial function a United States consular officer may perform under this Act.
the actual law source: uscode.house.gov ↗public domain

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.

Source credit: (R.S. § 1750; Apr. 5, 1906, ch. 1366, § 3, 34 Stat. 100; Pub. L. 103–415, § 1(mm)(2), Oct. 25, 1994, 108 Stat. 4304; Pub. L. 105–277, div. G, subdiv. B, title XXII, § 2222(c)(1), Oct. 21, 1998, 112 Stat. 2681–818.)

history & why it existsrecord from the source credit
  • 1906Enacted · Act of Apr. 5, 1906, ch. 1366 · 34 Stat. 100
  • 1994Amended · Pub. L. 103-415 · 108 Stat. 4304
  • 1998Amended · Pub. L. 105-277 · 112 Stat. 2681

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-415 on 1906-04-05.

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