7 fAM 800
NOTARIAL AND AUTHENTICATION SERVICES
7 fam 810
introduction
(CT:CON-804; 04-30-2018)
(Office of Origin: CA/OCS)
7 FAM 811 SUMMARY
(CT:CON-110; 09-13-2005)
a. 7 FAM 820 lists
the legal authorities for the performance of notarial and authentication
services abroad. 7
FAM 820 also describes the laws of the states of the United States related
to the recognition of notarial services and authentications provided abroad.
b. 7 FAM 830, 7 FAM 840 and 7 FAM 850 cover
the performance of notarial acts at posts abroad. U.S. consular officers,
diplomatic officers and other designated Department employees perform notarial
services abroad similar to those performed by a notary public in the United
States.
c. 7 FAM 860
discusses certification of true copies by notarizing officers.
d. 7 FAM 870
addresses the authentication of documents by consular officers. In countries
party to The Hague Convention Abolishing the Requirement on Legalization of
Foreign Public Documents, consular authentication of documents is limited to
criminal matters.
e. 7 FAM 880
addresses the performance of notarial and authentication services for documents
submitted to federal and state agencies.
f. Finally, 7 FAM 890
addresses frequently asked requested services not provided by consular or other
notarizing officers, but available from other federal agencies and other
entities, including Medallion Signature Guarantees, Criminal Record Checks,
Protesting Bills of Exchange, and Proctoring of Examinations.
g. See 7 FAM 900 for special procedures regarding
criminal matters and 7 FAM 1600 for special procedures for authentication of
extradition documents.
h. Guidance on the taking of depositions is provided in
7 FAM 900.
7 FAM 812 managing workload
(CT:CON-110; 09-13-2005)
Posts may limit the hours of operation for notarial and
authentication services. Some posts provide services to foreign nationals only
one day a week. In countries party to the Hague Convention Abolishing the
Requirement for Legalization of Foreign Public Documents, non-U.S. citizens may
also be directed to local notaries whose seals may then be legalized with the
Hague Legalization Convention apostille certificate by the competent authority
of the host country. (See 7 FAM 870).
7 FAM 813 DEFINITIONS
(CT:CON-110; 09-13-2005)
Acknowledgment. A declaration by an individual before
a notarizing officer that an instrument (such as a deed, mortgage, lease,
contract for the sale of land, etc.) signed by the individual is the
individuals act and deed. The purpose of an acknowledgment is to permit the
instrument to be recorded or received in evidence. An acknowledgment is almost
never made under oath or affirmation.
Affiant. A person who makes and signs an affidavit.
Affidavit. A written declaration (1) confirmed by the
oath or affirmation of the party making it, taken before an officer having
authority to administer such oath or affirmation or (2) containing a
declaration under penalty of perjury. An affidavit is most commonly used as a
method of presenting a fact witnesss statement to a court. Unlike a
deposition (see 7 FAM 900), an affidavit is taken without notice to the other
party or parties.
Affirmation. A solemn and formal declaration that a
statement, or series of statements, is true (for example, I, (Name), do
solemnly affirm under penalty of perjury that the foregoing is true and
correct.). When an oath is required, an affirmation may be taken in its place
by any person having conscientious scruples against taking an oath. As a general
rule, an affirmation has the same legal force and effect as an oath.
Attestation. The act of witnessing the execution of an
instrument and then signing it as a witness (most commonly seen on wills).
Certificate of Acknowledgment. A notarizing officers certificate
on a document that an individual appeared before the officer and declared that
the instrument was the individuals act and deed.
Declaration Under Penalty Of Perjury. A declaration
used in an affidavit instead of an oath or affirmation before the consular
officer. In federal court, it has the same force or effect as an oath or
affirmation. (See 28 U.S.C. 1746).
Grantor. A person by whom a grant or transfer of
ownership is made.
Instrument. Any written document, made and executed as
the expression of some legal act, such as a bond, deed, contract, or will.
Jurat. A certificate added to an affidavit stating
when, where, and before whom it was sworn. A jurat is similar to an
acknowledgment, except that the jurat contemplates an oath or affirmation,
whereas an acknowledgment does not. The usual form of a jurat is: Subscribed
and sworn before me this day.
Notarial Act. An act recognized by law or usage as one
performed by a notary public. In the United States, notaries are generally
empowered to administer oaths and affirmations and to take affidavits and
acknowledgments.
Notarizing officer. A U.S. consular officer, a U.S.
diplomatic officer, or a U.S. citizen employee of the Department designated by
the Deputy Assistant Secretary of the Department of State for Overseas Citizens
Services under 22 CFR 92.1(d).
Notary or Notary Public. A public officer authorized
under the laws of a particular jurisdiction to perform notarial acts, usually
in connection with the execution of a document.
Oath. A solemn declaration or outward pledge, whether
oral or written, given by the person making it under an immediate sense of
responsibility to God, affirming the truth of statements (for example, I,
(Name), do solemnly affirm that the foregoing is true and correct. So help me
God.).
Self-Proving Will. A will having an attached affidavit
signed by a notary public that shows the will was properly signed and witnessed
and that it is the will of the person who signed it. Many states accept such
wills in order to avoid the cumbersome process of requiring an executor to
track down the witnesses. A will whose validity does not have to be testified
to in court by the witnesses to it, since the witnesses executed an affidavit
reflecting proper execution of the will prior to the maker's death.
Testator. A person who makes a will.
Venue. A statement identifying the geographical
location where an act is performed.
Will. A solemn, authentic instrument in writing, by
which a person declares his/her will as to disposal of his/her estate and
effects after his/her death.
Witness. A person who attests to a fact or event, or
who provides evidence or proof to establish a fact or event.
7 FAM 814 EQUIPMENT AND SUPPLIES
(CT:CON-771; 01-02-2018)
Notarizing officers need the equipment and supplies listed
below to perform notarials and authentications. Questions concerning how to
order consular seals, grommets, and other notarial and authentication supplies
ordered through CA/EX/GSD should be sent to the Department via email to the
"CA Consular Supplies" mailbox, email address CASUPPLIES@STATE.GOV.
This address should also be used to follow up on or inquire about the status of
previous orders, and to report transfer and return of Consular Supplies.
Supply requests via cable are no longer required. Requests sent to individual
email addresses in CA/EX/GSD will be forwarded to the CA Consular Supplies
mailbox. See also the Consular Equipment and Supplies Handbook, available on
the Consular Affairs Intranet page under the heading Management, CA Support
Desk.
(1) Seals:
(a) Embossed.
(b) Rubberstamp.
(c) Wax impression (only impression seals are used with
wax).
(2) Consular Certificate Forms
(a) DS-1986 Individual Certificate of Acknowledgment
(b) DS-1983 Affidavit
(c) DS-1982 General
Authentication Certificate
(3) Rubberstamps:
(a) Jurat stamps.
(b) Venue stamps.
(c) Certificate stamps.
(4) Ribbon.
(5) Wafers.
(6) Wax.
(7) Eyelet grommets.
7 FAM 815 STATE COMMISSIONERS OF DEEDS
(CT:CON-449; 03-25-2013)
Various statutes still in effect in a number of U.S.
states authorize the Secretary of State of the state to appoint commissioners
of deeds who can perform notarial acts extraterritorially for use in that
state. The Department is concerned that, in the exercise of their powers, state
commissioners of deeds may violate the judicial sovereignty of a foreign
country by usurping the functions of duly authorized foreign officials. All
Foreign Service posts should advise the Department (CA/OCS/L
Ask-OCS-L@state.gov) of the operation of any commissioners of deeds in their
consular districts.
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See:
Performance Of Notary Functions Abroad By American
Notaries Public Or State Commissioners Of Deeds on the CA Internet page.
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7 FAM 816 FOREIGN LANGUAGE DOCUMENTS
(CT:CON-168; 05-22-2007)
a. While consular officers may provide notarial or
authentication services to non-English speaking applicants, they must
understand the document in question sufficiently to:
(1) Determine whether notarial or authentication
service must be refused because the document is fraudulent or otherwise
unlawful, or inimical to the interests of the United States.
(2) Determine that the person requesting a notarial
service understands the document and is executing it without duress.
b. Officers of the Foreign Service are not permitted to
translate notarial documents or to certify to the correctness of translations
for the public.
c. Officers of the Foreign Service are authorized to
administer an oath to the translator executing an affidavit as to the
correctness of a (English or foreign language) translation; to take an
acknowledgment of the preparation of the translation; and to authenticate the
seal and signature of a local official affixed to a translation.
d. Translations of a foreign language text should be
provided by the applicant. If the consular officer is not comfortable
providing the service, he/she should decline and direct the person to a local
notary or foreign consul who can communicate in the same language.
7 FAM 817 REFERENCE MATERIAL
(CT:CON-407; 06-29-2012)
a. Questions concerning how to order consular seals and
other notarial related supplies ordered through CA/EX/GSD should be sent to the
Department via email to the "CA Consular Supplies" mailbox, email
address CASUPPLIES@STATE.GOV. This address should also be used to follow up on
or inquire about the status of previous orders, and to report transfer and
return of Consular Supplies.
b. Reference material about notarial services must be
ordered by posts directly from the publisher or other supplier using post
administrative funds. The following reference materials about notarial
services are not mandatory, but may be useful. Individual copies of these
volumes are maintained in CA/OCS/L, which can assist post in researching notarial
and authentication related questions.
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For example:
Andersons Manual for Notaries Public, 9th Edition,
Anderson Publishing Company, IBSN 1583603573, 2001 is one excellent reference
source.
Jones Legal Forms is no longer in print but may be
available from companies dealing in used or out of print books.
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c. Reference material about the Hague Apostille
Convention is available on the Apostille web page of the Hague Conference on
Private International Law.
7 FAM 818 and 819 UNASSIGNED