--- kind: "range" citation: "22 C.F.R. §§ 92.3–92.7" title: "22" from: "92.3" to: "92.7" count: 5 url: "https://uscodex.org/cfr/22/92.3..92.7" --- # §92.3. Consular districts. Where consular districts have been established, the geographic limits of the district determine the area in which notarial acts can be performed by the notarizing officer. See [§ 92.41 (b)](/cfr/22/92.41.md?p=b) regarding authentication of the seals and signatures of foreign officials outside the consular district. # §92.4. Authority of notarizing officers of the Department of State under Federal law. - (a) All notarizing officers are required, when application is made to them within the geographic limits of their consular district, to administer to and take from any person any oath, affirmation, affidavit, or deposition, and to perform any notarial act which any notary public is required or authorized by law to perform within the United States. The term “notarial act” as used herein shall not include the performance of extraordinary acts, such as marriages, that have not been traditionally regarded as notarial, notwithstanding that notary publics may be authorized to perform such acts in some of the states of the United States. If a request is made to perform an act that the notarizing officer believes is not properly regarded as notarial within the meaning of this regulation, the officer shall not perform the act unless expressly authorized by the Department upon its determination that the act is a notarial act within the meaning of 22 U.S.C. [4215](/usc/22/4215.md) and [4221](/usc/22/4221.md). The language “within the limits of the consulate” is construed to mean within the geographic limits of a consular district. With respect to notarial acts performed by notarizing officers away from their office, see [§ 92.7](/cfr/22/92.7.md). Notarial acts shall be performed only if their performance is authorized by treaty provisions or is permitted by the laws or authorities of the country wherein the notarizing officer is stationed. - (b) These acts may be performed for any person regardless of nationality so long as the document in connection with which the notarial service is required is for use within the jurisdiction of the Federal Government of the United States or within the jurisdiction of one of the States or Territories of the United States. (However, see also [§ 92.6](/cfr/22/92.6.md).) Within the Federal jurisdiction of the United States, these acts, when certified under the hand and seal of office of the notarizing officer are valid and of like force and effect as if performed by any duly authorized and competent person within the United States. Documents bearing the seal and signature of a secretary of embassy or legation, consular officer (including consul general, vice consul or consular agent) are admissible in evidence within the Federal jurisdiction without proof of any such seal or signature being genuine or of the official character of the notarizing officer. - (c) Every notarizing officer may perform notarial acts for use in countries occupied by the United States or under its administrative jurisdiction, provided the officer has reason to believe that the notarial act will be recognized in the country where it is intended to be used. These acts may be performed for United States citizens and for nationals of the occupied or administered countries, who reside outside such countries, except in areas where another government is protecting the interests of the occupied or administered country. - (d) Chiefs of mission, that is, ambassadors and ministers, have no authority under Federal law to perform notarial acts except in connection with the authentication of extradition papers (see [§ 92.40](/cfr/22/92.40.md)). - (e) **Consular agents have authority to perform notarial services but acting consular agents do not.** # §92.5. Acceptability of notarial acts under State or territorial law. The acceptability with the jurisdiction of a State or Territory of the United States of a certificate of a notarial act performed by a notarizing officer depends upon the laws of the State or Territory. # §92.6. Authority of notarizing officers under international practice. Although such services are not mandatory, notarizing officers may, as a courtesy, perform notarial acts for use in countries with which the United States has formal diplomatic and consular relations. Generally the applicant for such service will be a United States citizen or a national of the country in which the notarized document will be used. The notarizing officer's compliance with a request for a notarial service of this type should be based on the reasonableness of the request and the absence of any apparent irregularity. When a notarizing officer finds it advisable to do so, the officer may question the applicant to such extent as may be necessary to be assured of the reasonableness of the request and the absence of irregularity. - (a) That his notarial certificate may reasonably be expected to satisfy the legal requirements of the country in which the notarized document will be used; - (b) That the notarial service is legally necessary and cannot be obtained otherwise than through a United States notarizing officer without loss or serious inconvenience to the applicant; and - (c) That the notarial certifcate will be used solely for a well-defined purpose, as represented by the applicant for the service. (See also [§ 92.4(c)](/cfr/22/92.4.md?p=c) regarding notarial services for use in countries occupied by the United States or under its administrative jurisdiction.) # §92.7. Responsibility of notarizing officers of the Department of State. - (a) **As a rule notarial acts should be performed at the consular office.** Where required by the circumstances of a particular case and subject to the reasonableness of the request notarial acts may be performed elsewhere within the limits of the consulate subject to the assessment of the applicable fees under subheading “Services Rendered Outside of Office” of the Tariff of Fees ([§ 22.1(a)](/cfr/22/22.1.md?p=a) of this chapter), as well as to payment by the interested party of the officer's expenses in going to the place where the service is performed and returning to his office ([§ 22.1(b)](/cfr/22/22.1.md?p=b) of this chapter). - (b) As indicated in §§ [92.4](/cfr/22/92.4.md), [92.5](/cfr/22/92.5.md), and [92.6](/cfr/22/92.6.md), the authority of secretaries of embassy or legation as well as consular officers to perform notarial acts is generally recognized. However, the function is essentially consular, and notarial powers are in practice exercised by diplomatic officers only in the absence of a consular officer or U.S. citizen State Department employee designated to perform notarial functions as provided in [§ 92.1(d)](/cfr/22/92.1.md?p=d). Performance of notarial acts by an officer assigned in dual diplomatic and consular capacity shall be performed in his/her consular capacity, except in special circumstances.