[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR92.41]

[Page 383-384]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 92_NOTARIAL AND RELATED SERVICES--Table of Contents
 
Sec. 92.41  Limitations to be observed in authenticating documents.

    (a) Unknown seals and signatures. A consular officer should not 
authenticate a seal and signature not known to him. See Sec. 92.37(a) 
regarding the necessity for making a comparison with a specimen seal and 
signature.
    (b) Foreign officials outside consular district. A consular officer 
should not authenticate the seals and signatures of foreign officials 
outside his consular district.
    (c) Officials in the United States. Consular officers are not 
competent to authenticate the seals and signatures of notaries public or 
other officials in the United States. However, diplomatic and consular 
officers stationed at a United States diplomatic mission may certify to 
the seal of the Department of State (not the signature of the Secretary 
of State) if this is requested or required in particular cases by the 
national authorities of the foreign country.
    (d) Photostat copies. Consular officers should not authenticate 
facsimiles of signatures and seals on photographic reproductions of 
documents. They may, however, authenticate original signatures and seals 
on such photographic reproductions.
    (e) Matters outside consular officer's knowledge. A consular officer 
should not include in his certificate of authentication statements which 
are not within his power or knowledge to make. Since consular officers 
are not expected to be familiar with the provisions of foreign law, 
except in a general sense, they are especially cautioned not to certify 
that a document has been executed or certified in accordance with 
foreign law, nor to certify that a document is a valid document in a 
foreign country.
    (f) United States officials in foreign countries. An authentication 
by a United States consular officer is performed primarily to cause the 
official characters and positions of foreign officials to be known and 
recognized in the United States. Consular officers should not, 
therefore, undertake to authenticate the seals and signatures of other 
United States officials who may be residing in their consular districts.

[[Page 384]]

    (g) Officers of the Foreign Service in other countries. An officer 
of the Foreign Service stationed in one country is not expected to 
authenticate the signature or seal of an officer of the Foreign Service 
stationed in another country. When it is necessary for the seal and 
signature of an officer of the Foreign Service to be authenticated, such 
authentication will be done in the Department of State. An official of a 
foreign government requesting the authentication of the seal and 
signature of an officer of the United States Foreign Service who is, or 
was, stationed in another country should be informed that the document 
to be authenticated will have to be sent to the Department for this 
purpose. Any document bearing the seal and signature of an officer of 
the Foreign Service which is received at a Foreign Service post from a 
person in the United States with the request that it be further 
authenticated should be referred to the Department of State.