FAQ / WHAT IS THE BASIS FOR A CONSULAR OFFICIAL TO REFUSE TO PROVIDE A NOTARIAL OR AUTHENTICATION SERVICE:

Refusal of notarial and authentication services by consular officers can only be done under specific limited circumstances. (22 CFR 92.9, 92.10). The historical basis for refusal to provide the service dates back to 1866 when the Attorney General found that consuls could refuse to authenticate a power of attorney executed before a notary public in the United Kingdom related "to property acquired during the {Civil} War, in violation of the proclamations of the President and acts of Congress, and by parties who were actively engaged in running the blockade." (See Official Opinions of the Attorneys General of the United States, Vol. XII, Opinion of Hon. Henry Stanbery of Ohio, August 1, 1866.) Bases for refusal include (a) acts not authorized by treaty or permitted by laws of foreign country; (b) acts prohibited by laws or regulations of the U.S. (such as regulations promulgated pursuant to the Trading With the Enemy Act or successor statutes); or (c) if the consular official believes that the document will be used for a purpose patently unlawful, improper or inimical to the best interests of the United States.



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