7 FAM 830 Notary
7 FAM 830 Notary
7 FAM 830 Notary
7 FAM 830
NOTARIAL ACTS IN GENERAL
(CT:CON-449; 03-25-2013)
(Office of Origin: CA/OCS/L)
09-13-2005)
a. U.S. consular officers and U.S. diplomatic officers may perform all the notarial
acts listed in 7 FAM 831.2. Other U.S. citizen employees of the Department
designated by the Deputy Assistant Secretary of the Department of State for
Overseas Citizens Services under 22 CFR 92.1(d) should see 7 FAM Exhibit 826
for guidance about U.S. state laws on persons authorized by the laws of the
states to perform notarial acts abroad.
b. Because the performance of notarial acts is essentially a consular function,
diplomatic officers ordinarily should perform them only if a consular officer or
other U.S. citizen employee designated to perform notarial functions is not
available.
c. An officer who is assigned in a dual diplomatic and consular capacity should
perform notarial acts in his or her consular capacity.
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(6) Taking the oath of a patent applicant that he or she believes himself or
herself to be the original and first inventor and concerning his or her
nationality (35 U.S.C. 115) (see 7 FAM 883); and
(7) Taking the acknowledgment of the execution of an assignment, grant or
conveyance of a patent or an application for a patent (35 U.S.C. 261) (see
7 FAM 883).
09-13-2005)
Notarizing officials may perform notarial acts only within the boundaries of the
consular district. Generally, such acts should be performed at the consular office.
They may be performed elsewhere if required by the circumstances of a particular
case and if the request is reasonable, provided that the appropriate fees are
charged for consular time and travel expenses under the Schedule of Fees for
Consular Services in 22 CFR 22.1.
01-11-2007)
a. Documents For Use in the United States: You generally must perform notarial
acts for any person regardless of nationality if the document to be
acknowledged, sworn to under oath, or affirmed is for use within the United
States.
b. Documents For Use in Third Countries: You also may perform notarial acts for
documents to be used in countries with which the United States has formal
diplomatic and consular relations if:
(1) You have reason to believe that the notarial act will be recognized in the
country where it is intended to be used;
(2) The notarial act is legally necessary and the applicant would suffer loss or
be seriously inconvenienced if you did not perform it; and
(3) Your notarial certificate will be used for a well-defined purpose, and there
is no apparent irregularity.
c. The notarial certificate may require further authentication for use in such a
third country. The U.S. Department of State Authentications Office may
authenticate notarial certificates.
d. Documents For Use In Countries Occupied By or Under Administrative
Jurisdiction of the United States: You also may perform notarial acts for
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a. You should refuse requests to perform notarial acts only after careful
deliberation. You must report each refusal in detail to the Department, clearly
giving the reasons for the refusal. The report must bear the TAGS identifier:
CJAN; the subject: NOTARIAL REFUSAL; and the caption: CA/OCS/L. You
should also enter the fact of the notarial refusal in the ACS/ACS+ (American
Citizens Services) system. Questions about such services may also be directed
to CA/OCS/L at Ask-OCS-L@state.gov.
b. You must refuse to provide a notarial act if:
(1) Prohibited by Treaty or Foreign Law: An applicable treaty or host country
law does not authorize performance of the act.
(2) Prohibited by U.S. Law: The notarial act is for use in a transaction, which
is prohibited by law or by regulation of the United States Government. The
Department (CA/OCS/L) will advise posts of regulations that prohibit
notarials, promulgated in accordance with the Trading With the Enemy Act
(TWEA) (50 U.S.C. App.) and the International Emergency Economic
Powers Act (IEEPA) (50 U.S.C. 1701). For example, in 1980 the
Department issued a regulation that temporarily ordered the refusal of
notarials in connection with financial transactions of Iranian nationals,
based upon the TWEA and IEEPA.
(3) Blank Documents: The document is completely blank. Occasionally you
may be asked to notarize a partially blank document because a specific fact
or figure is not available when the person is executing the notarized
document before you. You may provide the service only if you include a
specific waiver stating which elements of the document were blank when
the document was executed before you. (See 7 FAM 834 (f)).
c. Inimical to the Best Interests of the United States: You should refuse to
perform a notarial act if you have grounds for believing that the notarial act will
be used for a purpose that is patently unlawful, improper or inimical to the best
interests of the United States. Examples of documents that you should not
notarize for this reason include, but are not limited to:
(1) Any documents related to World Service Authority passports or similar
documents (see 7 FAM 895);
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(2) Any documents from 14th Amendment Protestors stating that the United
States has no jurisdiction over them, that they are their own sovereign
nation, that they have universal immunity, or self-declared nationality, or
similar statement (see 7 FAM 896);
(3) Any documents that purport to relate to relinquishment or renunciation of
U.S. citizenship, transfer allegiance or claim immunity. Under section
349(a)(5) of the INA, as amended (8 U.S.C. 1481(a)(5)), a formal
renunciation of nationality may be made before a diplomatic or consular
officer of the United States in a foreign state, only in such form as may be
prescribed by the Secretary of State. (See 7 FAM 1200 on renunciation);
and
(4) Instruments relating to liquidation of financial assets of a person who is the
subject of an extradition request.
d. Comprehension: If the person requesting the notarial service does not appear
to be capable of understanding the implications of the transaction, or appears
to be acting under duress.
e. Disqualifying Interest: You have a disqualifying interest in a transaction in
connection with which notarial services are requested. You have a disqualifying
interest if you have a financial or other interest in the transaction. If you have
a disqualifying interest, someone else must provide the notarial service.
f. Waiver of Responsibility: If you have reason to believe that material statements
in a document presented for notarization are false or have reason to doubt the
legality of the use to which the document will be put and, if there is no other
basis for refusing the notarial service, you may inform the applicant that the
service can be performed only with a specific waiver of responsibility included in
the notarial certificate. You should not use this waiver routinely. The language
of the waiver should be along the following lines:
Waiver of Responsibility:
I, (Name and Title of Consular Officer) assume no responsibility for the truth or
falsity of the representations which appear in the foregoing (or, annexed)
document (or specified elements of the document).
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b. Personal appearance: You must require the personal appearance of the person
requesting the notarial service.
c. Identity. You must establish the identity of the person requesting the service.
You should require some reliable evidence of identity, such as a passport or
identity card. Social Security cards are not reliable proof of identity. An
identification card with a photograph is preferable to one without a photograph.
If the proof of identity offered is of doubtful quality, more than one specimen
should be requested. You should compare the signature on the notarial act to
the signature(s) on the identification card(s) or documents.
d. Establish that the person:
(1) Understands the nature and language of the instrument;
(2) Is able to comprehend the significance of the act; and
(3) Is not acting under duress, if the persons behavior suggests
incompetence, instability, or duress, you should decline to perform the
requested act until after consulting the Department (CA/OCS/ACS). See 7
FAM 839 on Individuals Who Have Disabilities or Lack Capacity. Consider
whether any other ground for refusal exists. (See 7 FAM 834.)
09-13-2005)
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09-13-2005)
09-13-2005)
a. The venue on a notarial certificate signifies the place where the certificate is
executed. The venue must be shown on all notarial certificates to establish the
qualifications and authority of the notarizing officer to perform the notarial act.
The venue consists of these elements (see examples in parentheses):
(1) Name of country (Canada);
(2) Name of province (Province of Ontario);
(3) Name of city (City of Ottawa); and
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(4) Name of Foreign Service post (Embassy of the United States of America).
b. When a notarial act is performed outside an embassy or consulate, the venue
should list the name of the consular district rather than the post, as follows:
(1) Name of country (Republic of Italy), and
(2) Name of consular district (District of the Consular Section of the Embassy
of the United States of America at Rome).
c. When a notarial act is performed at a post which has not been designated
officially as an embassy, consulate general, consulate, or consular agency, the
venue should read Consular Service of the United States of America, rather
than the name of the post. For example:
(1) Name of country (Confederation of Switzerland);
(2) Name of province (Canton of Geneva);
(3) Name of city (Geneva); and
(4) Name of Foreign Service post (Consular Service of the United States of
America).
d. When a notarial act is performed at a U.S. Interests Section, the venue should
read:
(1) Name of country (Cuba);
(2) Name of city (Havana);
(3) Name of protecting power (Embassy of Switzerland); and
(4) Name of Foreign Service post (United States Interests Section).
e. Rubber Stamps: You may find it useful to expend post administrative funds to
obtain a rubber stamp that prints the wording of the venue.
09-13-2005)
a. The notarizing officer should sign on the lower right side of the notarial
certificate. Your signature should correspond with your specimen signature on
file in the Department. Your name and full official title should be typed,
stamped with a rubber stamp, or printed in ink on two separate lines just below
your signature. When you are assigned to a post in both a diplomatic and
consular capacity, use your consular title in the certificate. You may not use a
rubber stamp signature or a signature machine; you must provide an original
signature.
b. You should apply the embossed seal of the post on the lower left side of the
certificate.
(1) A certificate prepared at a diplomatic post, consular agency, or a special
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overseas post, other than a U.S. Interests Section, should be sealed with
an embossed seal bearing the legend:
Consular Service of the United States
(City) (Country)
(2) A certificate prepared at a consulate general or consulate should be sealed
with an embossed seal bearing the legend:
Consulate General (or Consulate) of the United States of America
(City) (Country)
(3) A certificate prepared at a U.S. Interests Section should bear the legend:
Embassy of (Switzerland) Interests Section of the United States of America
(City) (Country)
(4) Use of Rubber Stamp Seal: On preprinted certificates supplied by the
person who requests the notarial or on certificates for machine tabulation,
the notarizing officer may honor a request that the rubber seal rather than
the embossed seal be used on the certificate.
06-29-2012)
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09-13-2005)
Bring a Photo ID
Pay required fees. See 22 CFR
22.1
Be satisfied requester understands the
document;
Be satisfied requester is acknowledging
his or her signature freely and
willingly. For example, interview
married persons separately;
Review request for possible basis for
refusal. (7 FAM 834)
If notarial is refused, report matter by
telegram and enter pertinent data in
ACS system.
Administer oath or affirmation if required.
Provide notarial certificate.
Collect applicable consular fees (22 CFR
22.1).
Provide receipt, whether or not a fee is
charged for record keeping purposes.
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NOTE: -- At a small post with only one consular officer, or where the second
consular officer is away on official business or annual leave, a diplomatic officer
may act in place of the second consular officer. Questions about such situations
may be directed to CA/OCS/L at Ask-OCS-L@state.gov.
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In performing a notarial service for a minor (a person under the age of 18 years),
the notarizing officer must be satisfied that minor understands the nature of the
act and is performing it voluntarily. Generally a person under the age of 14
cannot legally make an acknowledgment or attestation or take an oath or
affirmation. State law varies on this subject. Questions about such situations may
be directed to CA/OCS/L at Ask-OCS-L@state.gov.
03-25-2013)
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