[Federal Register: March 28, 2002 (Volume 67, Number 60)]
[Proposed Rules]
[Page 14895-14902]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28mr02-21]
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DEPARTMENT OF STATE
22 CFR Parts 22 and 51
[Public Notice 3950]
Schedule of Fees for Consular Services, Department of State and
Overseas Embassies and Consulates
AGENCY: Department of State.
ACTION: Proposed rule.
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SUMMARY: This rule proposes fees for consular services. The rule also
makes appropriate implementing and other related changes in affected
portions set forth in these regulations. Specifically, the rule makes
changes in the Schedule of Fees for Consular Services (``Schedule of
Fees'' or ``Schedule'') and makes technical changes concerning passport
fees. The primary objective of the adjustments to the Schedule of Fees
is to ensure that the costs of consular services are recovered through
user fees to the maximum extent appropriate and permitted by law. As a
result of new data on the cost of services, most fees are being
increased. The proposed Schedule lowers the notarial fee by shifting
some of the costs of this service to appropriations. In addition, the
Schedule of Fees is being restructured and streamlined, making the
Schedule easier to read and understand. Some services have been removed
from the Schedule; in most cases, this is because services have been
consolidated. Certain consular services performed for no fee are
included in the Schedule so that members of the public will be aware of
significant consular services provided by the Department that they may
request and for which they will not be charged. Codes are being added
to the Schedule to facilitate consular officers' use of the
Department's consular accounting codes when the fees are actually
collected.
DATES: Written comments must be received on or before April 29, 2002.
ADDRESSES: Interested persons are invited to submit written comments
to: Office of the Executive Director, Bureau of Consular Affairs,
Department of State, Suite H1004, 2401 E Street NW., Washington, DC
20520.
FOR FURTHER INFORMATION CONTACT: Susan Abeyta, Office of the Executive
Director, Bureau of Consular Affairs, telefax: (202) 663-2499; e-mail:
fees@state.gov.
SUPPLEMENTARY INFORMATION:
Background
The majority of the Department of State's consular fees are
established pursuant to the general user charges statute, 31 U.S.C.
9701, and/or U.S.C. 4219, which, as implemented through Executive Order
10718 of June 27, 1957, authorizes the Secretary of State to establish
fees to be charged for official services provided by embassies and
consulates. Fees established under these authorities include fees for
immigrant and nonimmigrant visa processing, for fingerprints, and for
overseas citizens services. In addition, a number of statutes address
specific fees: Passport application fees (including the cost of
passport issuance and use) are authorized by 22 U.S.C. 214, as are fees
for the execution of passport applications. (This provision was amended
on November 29, 1999, by Public Law 106-113, to permit collection of a
nonrefundable application fee subject to promulgation of implementing
regulations, which are at 22 CFR parts 51 and 53.) Section 636 of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996,
Public Law 104-208, 110 Stat. 3009-703-704 (Sept. 30, 1996), authorizes
establishment of a diversity visa application fee to recover the full
costs of the visa lottery conducted pursuant to Sections 203 and 222 of
the Immigration and Nationality Act (``INA''), 8 U.S.C. 1153, 1202.
Nonimmigrant visa reciprocity fees are authorized and, in fact,
generally required, pursuant to Section 281 of the INA, 8 U.S.C. 1351.
Notwithstanding the general rule of reciprocity, however, a cost-based,
nonimmigrant visa processing fee for the machine readable visa (MRV)
and
[[Page 14896]]
for a combined border crossing and nonimmigrant visa card (BCC) (22 CFR
41.32) is authorized by Section 140(a) of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995, Public Law 103-236
(April 30, 1994). Certain persons are exempted by law or regulation
from payment of specific fees. These exemptions are noted in the fee
schedule and include the nonimmigrant visa fee exemptions set forth in
22 CFR 41.107 for certain individuals who engage in charitable
activities or who qualify for diplomatic visas. In addition, aliens
under age 15 are in certain circumstances entitled to a combined MRV/
BCC for a statutorily established fee of $13, which is below the full
cost of service, pursuant to Section 410 of Title III of the Commerce,
Justice, State Appropriations Act enacted as part of the Omnibus FY
1999 Appropriations Act, Public Law 105-277 (Oct. 21, 1998). Various
statutes also permit the Department to retain some of the consular fees
it collects. These are, at present, the MRV and BCC fees, the passport
expedite fee, the fingerprint fee, the J Visa Waiver fee, and the
Diversity Visa Lottery fee. Authority to retain the Affidavit of
Support fee has existed in the past and may be renewed.
With the exception of nonimmigrant visa reciprocity fees, which are
established based on the practices of other countries, all consular
fees are established on a basis of cost and in a manner consistent with
general user charges principles, regardless of the specific statutory
authority under which they are promulgated. As set forth in OMB
Circular A-25, the general policy underlying user charges is that a
reasonable charge should be made to each identifiable recipient for a
measurable unit or amount of government service or property from which
the user derives a special benefit. The OMB guidance covers all Federal
Government activities that convey special benefits to recipients beyond
those that accrue to the general public. The Department of State is
required to review consular fees periodically to determine the
appropriateness of each fee in light of applicable provisions of OMB
Circular A-25. While services of direct benefit to individuals,
organizations or groups should be paid for by the users rather than by
taxpayers in general, the guidelines state that services performed for
the primary benefit of the general public or the U.S. Government should
be supported by tax revenues. The changes set forth in the proposed
Schedule of Fees reflect these guidelines.
The last major revision of the Schedule of Fees was in 1998.
Consistent with OMB Circular A-25, from September 1999 to October 2001,
the Department conducted a cost-of-service study to determine the
current direct and indirect costs associated with each consular service
the Department provides, so that the Schedule could be updated. The
study was supervised by the Bureau of Consular Affairs and performed
with the assistance of an independent contractor. The contractor and
Department staff surveyed and visited domestic and overseas consular
sites handling a representative sample of all consular services
worldwide in FY 2000. This review attempted to identify the fully
allocated costs of consular services (direct and indirect). The results
of the review indicated that a fee established on the basis of the
average cost of a consular officer's time should be $235 per hour. This
hourly rate is used in the proposed schedule to recover the cost of
services that are infrequently provided and that may require very
different expenditures of time depending on the unique circumstances of
the service, such as providing a certificate of American ownership for
a yacht, a service that directly benefits an individual. In situations
where services are provided often enough to develop a reliable estimate
of the average time involved, however, the schedule generally sets a
flat service fee. In either case, the fee is designed to recover some
or all--but not more than--actual fully allocated costs the Department
expects to incur over the period that the Schedule will be in effect.
When the fee is set below costs, the remaining cost is either recovered
through allocation to related services for which are fees charged, or
will be covered by taxpayers through appropriations. (Detailed
information concerning the methodology of the study is available from
the Bureau of Consular Affairs.) Based on this effort and subsequent
analysis, the Department is now proposing adjustments to the Schedule
of Fees. Major changes to the schedule are discussed below.
Passport Execution and Processing Fees (Effective August 15, 2002)
Passport fees for execution and application services (``execution''
and ``issuance'' fees, under the current Schedule) have been raised.
The proposed $30 (currently $15) execution fee for first-time
applicants and others who must apply in person covers all costs
associated with providing this service, both domestically and abroad.
It is retained by non-Department acceptance agencies when such agencies
are used. One passport application fee will be charged for each first-
time and each renewal application: $55 for applicants age 16 or over
and $40 for applicants under 16. Although the processing and issuance
of a child's passport is more labor-intensive and therefore more
costly, the shorter, five-year validity of a child's passport is the
basis for charging the lower, $40 fee. A revision of 22 CFR 51.61 is
included in this proposed rule to reflect the elimination of different
passport application fees for first-time and renewal applications and
the requirement that the execution fee be paid at the time of
application rather than issuance.
The new passport fees will fully recover the cost of domestic and
overseas passport application processing. In addition, consistent with
long-standing Department practice, the fee will recover the cost of all
emergency citizens services performed abroad, including assistance to
U.S. citizens in cases of arrest, detention, death, serious illness or
accident abroad. Also covered are the costs of certain non-emergency
citizens services such as passport amendments and the voluntary
registration of U.S. citizens at posts abroad.
Passport Expedite Fee (Effective August 15, 2002)
The proposed Schedule increases the passport expedite fee from $35
to $60. This fee pays for all of the additional costs associated with
expediting the processing and issuance of an applicant's passport at a
U.S. Passport Agency, so that the applicant can receive a passport in
three days or less, instead of a domestic timeframe of approximately
five weeks for mail-in applications that are not expedited. No overseas
costs have been included in the fee for this service as the fee is not
charged abroad, where the smaller volume of passport applications and
other factors allow the Department's posts generally to act on all
passport applications in three days or less, eliminating the need to
differentiate between standards of service.
File Search and Verification of U.S. Citizenship (effective August
15, 2002)
The proposed $45 fee for this service has been held below cost
because it is almost always associated with a passport application.
Remaining costs have been allocated to the passport application, both
adult and minor.
[[Page 14897]]
Adjudication of Citizenship for Undocumented Passport Applicants
Born Abroad
This item has been eliminated from the proposed Schedule because
the fee was reduced from $100 to 0, effective March 30, 2001, by Public
Notice 3625, Federal Register, March 30, 2001 (66 FR 17360), for the
reasons explained therein.
Report of Birth
The proposed Schedule increases the application fee for a Report of
Birth of a U.S. Citizen Abroad from $40 to $65. The actual cost of
performing the service is considerably higher, especially when the
parents have lived abroad for long periods of time and their prior
residency in the United States must be confirmed if their ability to
transmit citizenship to their children is subject to a residency
transmission requirement. It is in the U.S. Government's interest,
however, to have U.S. citizens documented as early as possible. Keeping
the fee below cost is intended to ensure that the fee itself does not
serve as a disincentive to having young children documented as U.S.
citizens. Remaining costs have been allocated to the passport
application, both adult and minor. Fees for duplicate copies of Reports
of Birth will be charged as presented in the Schedule under Documentary
Services.
Overseas Citizens Services
The primary responsibility of U.S. consular officers abroad is the
protection and welfare of U.S. citizens. No-fee services performed in
instances of arrests, missing persons, child custody inquiries and
destitution (requiring repatriation and/or emergency dietary assistance
loans) are listed on the proposed Schedule for the information of the
U.S. citizen traveler. As noted in the discussion of the passport fee,
the costs for these services will continue to be allocated to the
passport fee, consistent with long-standing Department practice. This
ensures that any U.S. citizen traveling abroad may obtain emergency
consular services without regard to ability to pay for the actual
services rendered.
Death and Estate Services
No-fee services provided to the next-of-kin after the death of a
U.S. citizen abroad have been consolidated under one item. The costs of
these services are allocated to the passport fee.
The $235 hourly rate for consular time plus costs incurred will be
charged for making arrangements for a deceased non-U.S. citizen family
member. It replaces the current $700 flat fee for assistance in
arranging transshipment of a foreign national's remains and in
providing related documentary services. Assistance in the case of a
non-U.S. citizen's death is provided only under special circumstances,
e.g., when a U.S. citizen relative requires assistance or no
representative of the deceased's country of nationality is present to
render assistance. The proposed Schedule sets a $60 fee for the
issuance of a Consular Mortuary Certificate on behalf of a non-U.S.
citizen, based on the average time required to prepare the document.
The proposed Schedule combines all estate services for U.S.
citizens under a single item. Consular officers have authority to take
possession of and inventory estates and to oversee the final
disposition of estates of U.S. citizens who die abroad. This authority
is generally exercised, often on an interim basis, in the absence of a
legal representative or in emergency situations. Expenses incurred in
settling estates are generally paid from estate proceeds or must be
paid by the estate representative. The costs of consular time and
incidental expenses attributable to estate work are generally allocated
to the passport fee because of the circumstances in which these
services are provided and because the amount of consular time required
usually is small. An additional reason for this approach is that most
estates abroad are small and the net proceeds from disposition of the
assets would not be sufficient to pay for even the minimal consular
time usually involved. Thus, the Schedule proposes no separate fee for
most estate work. In those few estate cases that do require significant
consular time or expenditures, however, the Department has determined
it is appropriate to charge for consular time and/or to require
reimbursement of expenses. (In such cases, overseeing the sale and
final disposition of the estate--disbursing funds and carrying out
other legally related estate business--is often more appropriately
handled by a private attorney or executor.)
Nonimmigrant Visa Services
The proposed Schedule raises to $65 the nonimmigrant Machine
Readable Visa (MRV) application processing and Border Crossing Card
fees. These fees pay for all costs associated with the processing and
issuance of either an MRV or a machine-readable combined border
crossing card and nonimmigrant visa (BCC). The five-year border
crossing card fee for qualified Mexican children under the age of 15
remains $13, in accordance with Public Law 105-277 (see discussion
under BACKGROUND above). Costs not recovered through the $13 fee have
been reallocated to the fee for the 10-year MRV/BCC, as authorized by
Public Law 105-277.
An exemption from the MRV fee has been added for U.S. government
employees traveling on official business. A parallel exemption has been
added under the nonimmigrant visa issuance fee, which is reciprocal,
and varies according to the fees charged U.S. citizens by the
applicant's country of origin. The U.S. government is deemed the
primary beneficiary of this exemption because it applies to non-U.S.
citizen U.S. government employees who travel to the United States on
U.S. government orders to carry out their duties as employees.
Immigrant Visa Services
The proposed Schedule sets one immigrant visa application
processing fee of $335 to replace the current Schedule's two separate
fees for immigrant visa application processing ($260) and immigrant
visa issuance ($65). The Department determined that charging one fee
would simplify fee collection and enhance both administrative
efficiency and convenience to the applicant. Some of the costs of
related services (e.g., Affidavit of Support review, returning resident
status determinations) have also been allocated to the immigrant visa
application fee to keep the fees for those services at lower levels.
Because a single processing fee will be charged, the Department has
also reviewed and is proposing changes in its regulation regarding the
circumstances in which a refund will be allowed (22 CFR 42.71). Since
there will be no issuance fee, refunds will no longer be related to
whether or not an immigrant visa is issued. Given that the actual work
involved in processing an immigrant visa application has already
commenced by the time the application fee is paid, the fee will be non-
refundable unless the application is not or cannot be adjudicated as a
result of action by the U.S. Government. The proposed revision is
included in this proposed rule.
The current $75 Diversity Visa (DV) Lottery surcharge for the
immigrant visa application will increase to $100. The Department has
legal authority to establish the surcharge, which is paid only by
persons who ``win'' the lottery and apply for a DV visa, at a level
sufficient to cover the entire cost of running the lottery. The full
exercise of this authority would lead to a much higher surcharge
because the number of winning applicants (roughly 55,000) is much
smaller than the total number of
[[Page 14898]]
lottery entrants (recently about 10 million). The surcharge has been
kept below the legally authorized amount. The Department notes that DV
applicants must also pay the immigrant visa application processing fee;
that the $100 surcharge will represent an increase in this surcharge of
33 percent; and that the $100 surcharge will cover the Department's
direct (but not indirect) costs of running the lottery. The Department
believes that a $100 surcharge is therefore reasonable. Costs not
recovered by the surcharge have been allocated to appropriations.
The proposed Schedule raises to $65 the Affidavit of Support Review
Fee, currently $50. This fee is charged domestically for all Affidavits
of Support reviewed at the National Visa Center to ensure that they are
properly completed before they are forwarded to a consular post for
adjudication. The fee has been held below the cost of service; costs
not recovered through the fee have been allocated to the immigrant visa
application.
Special Visa Services
While higher than current fees, the proposed fees for determining
returning resident status ($360, currently $50), and for a
transportation letter for legal permanent residents of the U.S. ($300,
currently $100) will represent only approximately 50% of the
Department's full costs of providing these services. Costs not covered
by the fees for these special visa services have been allocated to the
immigrant visa application-processing fee. This allocation allows the
special visa service fees to be lower and is appropriate given that the
users of the special visa services generally are persons who have
previously been issued immigrant visas, and that someone issued an
immigrant visa may reasonably expect to use such services at some point
in the future in an unforeseen situation.
The proposed fee charged for a waiver of the two-year residency
requirement for J-visa holders has increased to $230. This fee has been
set to recover all of the costs associated with providing this service.
The current $25 fee for fingerprinting, when required in connection
with a visa application, will increase to $85 to cover all costs
incurred in providing this service abroad, including FBI costs billed
to the Department of State for fingerprint processing.
Documentary Services
For documentary services, the proposed Schedule establishes a new
fee structure that the Department expects will be easy to administer
and that will lower the direct cost to customers. It establishes a
consistent per-item fee for all documentary services. Customers
requiring a service multiple times as part of a single transaction
(e.g., notarization of a bill of sale and five copies, or notarization
of three documents required for a single real estate transaction) will
be charged one fee for the initial seal and a reduced fee for each
subsequent seal. The current fees for documentary services are $55 for
notarials, $20 for certifications, $10 for additional certified copies,
and $32 for authentications. The proposed Schedule sets a fee of $30
for the first seal for a notarial, certified copy, copy or certified
document from the Department's Vital Records Section, and $20 for each
additional seal. A fee of $30 is proposed for each authentication of a
U.S. or foreign official seal or signature. Costs not covered by the
proposed fees will be offset by appropriations. The Department notes
that there is a long-standing, statutory requirement that consular
officers perform notarial services abroad. Such services are available
for minimal fees in the United States, and public concern over the
Department's notarial fees when they were set in 1998 to ensure that
the actual users pay the full cost of service has demonstrated a
widespread expectation that notarial and similar services will be
available from the U.S. Government to overseas users for fees that are
not significantly higher than domestic fees, even if the overseas fee
is well below the actual cost of service. Thus, the Department has
concluded that allocating part of the cost of notarials to the general
taxpayer is appropriate.
Under the proposed Schedule, documentary fee exemptions for U.S.
federal, state and local government agencies are combined under one
item. One new exemption has been added: No fee will be charged for
notarial services performed with respect to endorsing U.S. Savings
Bonds Certificates. The U.S. Government is a beneficiary of the U.S.
Savings Bond program, and imposing a fee on the individual bondholders
for this service in the past has at times adversely affected persons of
limited resources, thereby potentially discouraging use of this
investment vehicle.
Judicial Assistance Services
The proposed Schedule separates judicial assistance services from
documentary services. A fee of $650 is proposed for processing letters
rogatory, judicial assistance cases under the Foreign Sovereign
Immunities Act, and certificates for return of letters rogatory
executed by foreign officials. The $650 fee covers the estimated costs
incurred in a routine case. A flat rate of $475 is proposed for making
arrangements for taking one or more depositions that will run
continuously in a single location on a single day so that only one set
of reservations for facilities, reporting, and other services need be
made. This fee also reflects the estimated cost of a normal case. It
will be charged again if a deposition for which the fee has been paid
is cancelled and rescheduled. When a consular official must also attend
or take the deposition or execute a commission to take testimony, the
Department proposes to charge, in addition, the hourly rate for the
time spent performing this service and for expenses actually incurred.
A flat fee of $235 is proposed for swearing in witnesses for telephone
depositions, reflecting that a consular officer will generally have to
reserve an hour of time for this service. If the consular officer must
remain on the line while the deposition proceeds, an hourly rate of
$235 will be charged for each hour or part thereof over the first hour.
The $60 fee proposed for providing seal and certification of
depositions is based on an estimate of the average time needed to
perform this service.
The proposed Schedule includes two exemptions from fees for
judicial assistance services:
--The first applies to U.S. Federal, state, and local government
agencies. The Department has determined that it is normally in the
interest of the U.S. Government to perform services for other
government agencies without assessing fees to those agencies. It
streamlines administrative procedures for both agencies and facilitates
performance of the task. In some cases, however, the effort required of
the consular officer abroad can be extreme, in terms of time and cost.
In those cases, the Department reserves the right to recover those
costs by charging other agencies for consular time and expenses
incurred. The cost of normal services for government agencies will
otherwise be recovered through appropriations.
--Under the second exemption, no fee will be charged to execute
commissions to take testimony in connection with foreign documents for
use in criminal cases when the commission is accompanied by an order of
federal court on behalf of an indigent party. The Department has
determined that it is in the U.S. Government's interest to perform
these services without assessing fees. It streamlines administrative
[[Page 14899]]
procedures, facilitates performance of the task without imposing
bureaucratic obstacles, and is consistent with the government's broad
interest in ensuring that criminal defendants get a fair trial.
Services Relating to Vessels and Seamen
The Schedule proposes to recover all costs associated with the
processing and issuance of shipping and seamen services by charging the
proposed $235 hourly rate for consular time plus any expenses incurred.
These services include, but are not limited to, recording a bill of
sale of a vessel purchased abroad, renewal of a marine radio license,
and issuance of a certificate of American ownership. As these services
are not performed on any routine basis, an average fee could not be
determined. In paying the hourly rate for consular time, the
beneficiary of the service will bear the full cost.
Administrative Services
The fee for setting up and maintaining a trust account increases
from $25 to $30. It is Department policy to keep this fee below the
cost of service because it is generally provided to individuals who
have limited resources or who face unusual obstacles in transferring
funds abroad. The remaining costs have been allocated to the passport
application fee.
Consular time charges increase to $235 per hour and reflect the
actual direct and indirect cost of service as determined by the Cost of
Service Study conducted by the Bureau of Consular Affairs. The
Department notes that this rate is high in part because maintaining
consular officers and facilities abroad, including secure work and
living environments, is costly.
Regulatory Findings
Administrative Procedure Act
The Department is publishing this rule as a proposed rule with a
30-day provision for public comments.
Regulatory Flexibility Act
The Department of State, in accordance with the Regulatory
Flexibility Act (5 U.S.C. 605(b)), has reviewed this regulation and, by
approving it, certifies that this rule will not have a significant
economic impact on a substantial number of small entities as defined in
5 U.S.C. 601(6).
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by state, local and
tribal governments, in the aggregate, or by the private sector, of $100
million or more in any year and it will not significantly or uniquely
affect small governments. Therefore, no actions were deemed necessary
under the provisions of the Unfunded Mandates Reform Act of 1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by section 804 of the
Small Business Regulatory Enforcement Act of 1996. This rule will not
result in an annual effect on the economy of $100 million or more; a
major increase in costs or prices; or significant adverse effects on
competition, employment, investment, productivity, innovation, or on
the ability of the United States-based companies to compete with
foreign-based companies in domestic and export markets.
Executive Order 12866
The Department of State does not consider this rule to be a
``significant regulatory action'' under Executive Order 12866, section
3(f), Regulatory Planning and Review. In addition, the Department is
exempt from Executive Order 12866 except to the extent that it is
promulgating regulations in conjunction with a domestic agency that are
significant regulatory actions. The Department has nevertheless
reviewed the regulation to ensure its consistency with the regulatory
philosophy and principles set forth in that Executive Order. In
addition, OMB has been provided with an information copy of the
proposed regulation.
Executive Order 13132
This regulation will not have substantial direct effects on the
states, on the relationship between the national government and the
states, or on the distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with section 6
of Executive Order 13132, it is determined that this rule does not have
sufficient federalism implications to warrant the preparation of a
federalism summary impact statement.
Paperwork Reduction Act
This rule does not impose any new reporting or record-keeping
requirements.
List of Subjects
22 CFR Part 22
Consular services, Fees, Schedule of fees for consular services,
Passports and visas.
22 CFR Part 51
Fees, Passports and visas.
Accordingly, 22 CFR parts 22 and 51 are proposed to be amended as
follows:
PART 22--[AMENDED]
1. The authority citation for part 22 continues to read as follows:
Authority: 8 U.S.C. 1153 note, 1351, 1351 note; 10 U.S.C.
2602(c); 22 U.S.C. 214, 2504(a), 4201, 4206, 4215, 4219; 31 U.S.C.
9701; Pub.L. 105-277, 112 Stat. 2681 et seq.; E.O. 10718, 22 FR
4632, 3 CFR, 1954-1958 Comp., p. 382; E.O. 11295, 31 FR 10603, 3
CFR, 1966-1970 Comp., p. 570.
2. Section 22.1 is revised to read as follows:
Sec. 22.1 Schedule of fees.
The following table sets forth the U.S. Department of State's
schedule of fees for consular services:
Schedule of Fees for Consular Services
------------------------------------------------------------------------
Item No. Fee
------------------------------------------------------------------------
Passport and Citizenship Services
1. Passport Execution: Required for $30.
first-time applicants and others who
must apply in person (effective 8/15/
02) [01--PASSPORT EXECUTION].
2. Passport Application Services
(effective 8/15/02) for:
(a) Applicants age 16 or over $55.
(including renewals) [02--ADULT
PASSPORT].
(b) Applicants under age 16 [03-- $40.
MINOR PASSPORT].
(c) Passport amendments (extension No fee.
of validity, name change, etc.)
[04--AMENDMENT].
3. Expedited service: Guaranteed 3-day $60.
processing and/or in-person service at
a U.S. Passport Agency (effective 8/15/
02; not applicable abroad) [EXPEDITED
SERVICE].
4. Exemptions: The following applicants
are exempted from passport fees:
[[Page 14900]]
(a) Officers or employees of the No fee.
United States and their immediate
family members (22 U.S.C. 214) and
Peace Corps Volunteers and Leaders
(22 U.S.C. 2504(a)) proceeding
abroad or returning to the United
States in the discharge of their
official duties [04--PASSPORT
EXEMPT].
(b) U.S. citizenseamen who require a No fee.
passport in connection with their
duties aboard an American flag
vessel (22 U.S.C. 214) [04--
PASSPORT EXEMPT].
(c) Widows, children, parents, or No fee.
siblings of deceased members of the
Armed Forces proceeding abroad to
visit the graves of such members
(22 U.S.C. 214) [04--PASSPORT
EXEMPT].
(d) Employees of the American No fee.
National Red Cross proceeding
abroad as members of the Armed
Forces of the United States (10
U.S.C. 2603) [04--PASSPORT EXEMPT].
5. Travel Letter: Provided as an No fee.
emergency accommodation to a U.S.
citizen returning to the United States
when the consular officer is unable to
issue a passport book (consular time
charges, item 75, may apply) [05--
U.S.C. TRAVEL LETTER].
6. File search and verification of U.S. $45.
citizenship (effective 8/15/02): When
applicant has not presented evidence of
citizenship and previous records must
be searched (except for an applicant
abroad whose passport was stolen or
lost abroad or when one of the
exemptions is applicable) [06--PPT FILE
SEARCH].
7. Application for Report of Birth $65.
Abroad of a Citizen of the United
States: [07--REPORT BIRTH ABROAD].
(Items nos. 8 through 10 vacant.)
Overseas Citizens Services
Arrests, Welfare and Whereabouts, and
Related Services:
11. Arrest and prison visits............ No fee.
12. Assistance regarding the welfare and No fee.
whereabouts of a U.S. Citizen,
including child custody inquiries.
13. Loan processing
(a) Repatriation loans.............. No fee.
(b) Emergency dietary assistance No fee.
loans.
Death and Estate Services
14. Assistance to next-of-kin:
(a) After the death of a U.S. No fee.
citizen abroad (providing
assistance in disposition of
remains, making arrangements for
shipping remains, issuing Consular
Mortuary Certificate, and providing
up to 20 original Consular Reports
of Death).
(b) Making arrangements for a Consular time (item 75) plus
deceased non-U.S. citizen family expenses.
member (providing assistance in
shipping or other disposition of
remains of a non-U.S. Citizen) [11--
NON U.S.C. DEATH].
15. Issuance of Consular Mortuary $60.
Certificate on behalf of a non-U.S.
Citizen [12--NON-U.S.C. MORT CERT].
16. Acting as a provisional conservator
of estates of U.S. Citizens:
(a) Taking possession of personal No fee.
effects; making an inventory under
an official seal (unless
significant time and/or expenses
incurred).
(b) Overseeing the appraisal, sale, No fee.
and final disposition of the
estate, including disbursing funds,
forwarding securities, etc. (unless
significant time and/or expenses
incurred).
(c) For services listed in 16(a) or Consular time (item 75) and/or
(b) when significant time and/or expenses.
expenses are incurred [13--ESTATE
COSTS].
(Items nos. 17 through 20 vacant.)
Nonimmigrant Visa Services
21. Nonimmigrant visa application and
border crossing card processing fees
(per person):
(a) Nonimmigrant visa [21--MRV $65.
PROCESSING].
(b) Border crossing card--10 year $65.
(age 15 and over) [22--BCC 10 YEAR].
(c) Border crossing card--5 year
(under age 15)
(d) For Mexican citizen if parent or $13.
guardian has or is applying for a
border crossing card [23--BCC 5
YEAR].
22. EXEMPTIONS from nonimmigrant visa
application processing fee:
(a) Applicants for A, G, C--3, NATO No fee.
and diplomatic visas as defined in
22 CFR 41.26 [24--MRV EXEMPT].
(b) Applicants for J visas No fee.
participating in official U.S.
Government sponsored educational
and cultural exchanges [24--MRV
EXEMPT].
(c) Replacement machine-readable No fee.
visa when the original visa was not
properly affixed or needs to be
reissued through no fault of the
applicant [24--MRV EXEMPT].
(d) Applicants exempted by No fee.
international agreement as
determined by the Department,
including members and staff of an
observer mission to United Nations
Headquarters recognized by the UN
General Assembly, and their
immediate families [24--MRV EXEMPT].
(e) Applicants travelling to provide No fee.
charitable services as determined
by the Department [24--MRV EXEMPT].
(f) U.S. Government employees No fee.
travelling on official business
[24--MRV EXEMPT].
23. Nonimmigrant visa issuance fee,
including border-crossing cards.
[25--NIV ISSUANCE RECIPROCAL]
RECIPROCAL
24. EXEMPTIONS from nonimmigrant visa
issuance fee:
(a) An official representative of a No fee.
foreign government or an
international or regional
organization of which the U.S. is a
member; members and staff of an
observer mission to United Nations
Headquarters recognized by the UN
General Assembly; and applicants
for diplomatic visas as defined
under item 22(a); and their
immediate families [26--NIV
ISSUANCE EXEMPT].
(b) An applicant transiting to and No fee.
from the United Nations
Headquarters [26--NIV ISSUANCE
EXEMPT].
(c) An applicant participating in a No fee.
U.S. Government sponsored program
[26--NIV ISSUANCE EXEMPT].
(d) An applicant travelling to No fee.
provide charitable services as
determined by the Department [26--
NIV ISSUANCE EXEMPT].
(Items Nos. 25 through 30 vacant.)
[[Page 14901]]
Immigrant and Special Visa Services
31. Filing immigrant visa petition
(Collected for INS and subject to
change):
(a) Petition to classify status of $130.
alien relative for issuance of
immigrant Visa [31--INS I--130
PETITION].
(b) Petition to classify orphan as $460.
an immediate relative [32--INS I-
600 PETITION].
32. Immigrant visa application $335.
processing fee (per person) [33--IV
APPLICATION].
33. Diversity Visa Lottery surcharge for $100.
immigrant visa application (per person
applying as a result of the lottery
program) [34--DV PROCESSING].
34. Affidavit of Support Review (only $65.
when AOS is reviewed domestically).
35. Special visa services:
(a) Determining Returning Resident $360.
Status [35--RETURNING RESIDENT].
Transportation letter for Legal $300.
Permanent Residents of U.S. [36--
LPR TRANSPORTATION LETTER].
(c) Waiver of 2 year residency $230.
requirement [27--J WAIVER].
(d) Waiver of immigrant visa $195.
ineligibility (collected for INS
and subject to change) [37--IV
WAIVER].
(e) Refugee or significant public No fee.
benefit parole case processing [38--
REFUGEE/PAROLE].
(f) U.S. Visa fingerprinting [39-- $85.
FINGERPRINTS].
(Item Nos. 36 through 40 vacant.)
Documentary Services
41. Providing notarial service:
(a) First service (seal) [41-- $30.
NOTARIAL].
(b) Each additional seal provided at $20.
the same time in connection with
the same transaction [42--
ADDITIONAL NOTAR].
42. Certification of a true copy or that
no record of an official file can be
located (by a post abroad):
(a) First Copy [43--CERTIFIED COPY]. $30.
(b) Each additional copy provided at $20.
the same time [44--ADDITIONAL COPY].
43. Provision of documents, certified
copies of documents, and other
certifications by the Department of
State (domestic):
(a) Documents relating to births, $30.
marriages, and deaths of U.S.
citizens abroad originally issued
by a U.S. Embassy or Consulate.
(b) Issuance of Replacement Report $30.
of Birth Abroad.
(c) Certified copies of documents $30.
relating to births and deaths
within the former Canal Zone of
Panama from records maintained by
the Canal Zone Government from 1904
to September 30, 1979.
(d) Certifying a copy of a document $30.
or extract from an official
passport record.
(e) Certifying that no record of an $30.
official file can be located [45--
BRTH/MAR/DEATH/NO RECORD].
(f) Each additional copy provided at $20.
same time [46--ADDITIONAL CERT].
44. Authentications (by posts abroad):
(a) Authenticating a foreign notary $30.
or other foreign official seal or
signature.
(b) Authenticating a U.S. Federal, $30.
State, or territorial seal.
(c) Certifying to the official $30.
status of an officer of the United
States Department of State or of a
foreign diplomatic or consular
officer accredited to or recognized
by the United States Government.
(d) Each authentication [47-- $30.
AUTHENTICATION].
45. Exemptions: Notarial, certification,
and authentication fees (items 35, 36,
and 37) or passport file search fees
(item 4) will not be charged when the
service is performed:
(a) At the direct request of any No fee.
Federal Government agency, any
State or local government, the
District of Columbia, or any of the
territories or possessions of the
United States (unless significant
costs would be incurred) [48--
DOCUMENTS EXEMPT].
(b) With respect to documents to be No fee.
presented by claimants,
beneficiaries, or their witnesses
in connection with obtaining
Federal, State, or municipal
benefits [48--DOCUMENTS EXEMPT].
(c) For U.S. citizens outside the No fee.
United States preparing ballots for
any public election in the United
States or any of its territories
[48--DOCUMENTS EXEMPT].
(d) At the direct request of a No fee.
foreign government or an
international agency of which the
United States is a member if the
documents are for official
noncommercial use [48--DOCUMENTS
EXEMPT].
(e) At the direct request of a No fee.
foreign government official when
appropriate or as a reciprocal
courtesy [48--DOCUMENTS EXEMPT].
(f) At the request of direct hire No fee.
U.S. Government personnel, Peace
Corps volunteers, or their
dependents stationed or traveling
officially in a foreign country
[48--DOCUMENTS EXEMPT].
(g) With respect to documents whose No fee.
production is ordered by a court of
competent jurisdiction [48--
DOCUMENTS EXEMPT].
(h) With respect to affidavits of No fee.
support for immigrant visa
applications [48--DOCUMENTS EXEMPT].
(i) With respect to endorsing U.S. No fee.
Savings Bonds Certificates [48--
DOCUMENTS EXEMPT].
(Item nos. 46 through 50 vacant.)
Judicial Assistance Services
51. Processing letters rogatory and
Foreign Sovereign Immunities Act (FSIA)
judicial assistance cases, including
providing seal and certificate for
return of letters rogatory executed by
foreign officials:
[51--LETTERS ROGATORY].............. $650.
[52--FSIA].......................... $650.
52. Taking depositions or executing
commissions to take testimony:
(a) Scheduling/arranging $475.
appointments for depositions,
including depositions by video
teleconference (per daily
appointment) [53--ARRANGE DEPO].
(b) Attending or taking depositions, $235 per hour plus expenses.
or executing commissions to take
testimony (per hour or part
thereof) [54--DEPOSE/HOURLY].
[[Page 14902]]
(c) Swearing in witnesses for $235.00.
telephone depositions [55--
TELEPHONE OATH].
(d) Supervising telephone $235 per hour plus expenses.
depositions (per hour or part
thereof over the first hour) [56--
SUPERVISE TEL DEPO].
(e) Providing seal and certification $60.00.
of depositions [57--DEPOSITION
CERT].
53. Exemptions: Deposition or executing
commissions to take testimony. Fees
(item 42) will not be charged when the
service is performed:
(a) At the direct request of any No fee.
Federal Government agency, any
State or local government, the
District of Columbia, or any of the
territories or possessions of the
United States (unless significant
time required and/or expenses would
be incurred) [58--JUDICIAL EXEMPT].
(b) Executing commissions to take No fee.
testimony in connection with
foreign documents for use in
criminal cases when the commission
is accompanied by an order of
Federal court on behalf of an
indigent party [59--INDIGENT TEST].
(Items no. 54 through 60 vacant.)
Services Relating to Vessels and Seamen
61. Shipping and Seaman's services:
Including but not limited to, recording
a bill of sale of a vessel purchased
abroad, renewal of a marine radio
license, and issuance of certificate of
American ownership:
[61--SHIPPING BILL OF SALE]......... Consular time (item 75) plus
expenses.
[62--SHIPPING RADIO LISC]........... Consular time (item 75) plus
expenses.
[63--SHIPPING CERT AM OWN].......... Consular time (item 75) plus
expenses.
[64--SHIPPING MISC]................. Consular time (item 75) plus
expenses.
(Item nos. 62 through 70 vacant.)
Administrative Services
71. Non-emergency telephone calls.......
[71--TOLL CALL COST] [72--TOLL COST Long distance charge plus $10.
SURCHARGE].
72. Setting up and maintaining a trust $30.
account: For 1 year or less to transfer
funds to or for the benefit of a U.S.
citizen in need in a foreign country
[73--OCS TRUST].
73. Transportation charges incurred in Expenses incurred.
the performance of fee and no-fee
services when appropriate and necessary
[74--TRANSPORTATION].
74. Return check processing fee [75-- $25.
RETURN CHECK].
75. Consular time charges: As required $235.
by this schedule and for fee services
performed away from the office or
during after-duty hours (per hour or
part thereof/per consular employee)
[76--CONSULAR TIME].
76. Photocopies (per page) [77-- $1.
PHOTOCOPY].
(Items nos. 77 through 80 vacant.)
------------------------------------------------------------------------
PART 51--[AMENDED]
3. The authority citations for part 51 continues to read as
follows:
Authority: 22 U.S.C. 211a; 213, 2651a; 2671(d)(3), 2714 and
3926; 31 U.S.C. 9701; E.O. 11295, 3 CFR, 1966-1970 Comp., p. 570;
sec. 236, Pub. L. 106-113, 113 Stat. 1501A-430; 18 U.S.C.1621(a)(2).
4. Sec. 51.61 is revised to read as follows:
Sec. 51.61 Passport fees.
Fees, including execution fees, shall be collected for the
following passport services in the amounts prescribed in the Schedule
of Fees for Consular Services (22 CFR 22.1):
(a) A fee for each passport application filed, which fee shall vary
depending on the age of the applicant. The passport application fee
shall be paid by all applicants at the time of application, except as
provided in Sec. 51.62(a), and is not refundable, except as provided in
Sec. 51.63. A person who is denied a passport may request that the
application be reconsidered without payment of an additional fee upon
the submission, within 90 days after the date of the denial, of
documentation not previously presented that is sufficient to establish
citizenship or entitlement to a passport.
(b) A fee for execution of the passport application, except as
provided in Sec. 51.62 (b), when the applicant is required to execute
the application in person before a person authorized to administer
oaths for passport purposes. This fee shall be collected as part of the
passport application fee at the time of application and is not
refundable (see Sec. 51.65). When execution services are provided by an
official of a state or local government or of the United States Postal
Service, the fee may be retained by that entity to cover the costs of
service pursuant to an appropriate agreement with the Department of
State.
(c) A fee for expedited services, if any, provided pursuant to
Sec. 51.66.
Dated: February 1, 2002.
Grant S. Green,
Under Secretary of State for Management, Department of State.
[FR Doc. 02-6863 Filed 3-27-02; 8:45 am]
BILLING CODE 4710-06-P
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