FAQ / WHAT IS THE LEGAL AUTHORITY FOR CONSULAR PERFORMANCE OF NOTARIAL AND AUTHENTICATIONS SERVICES?

Notarial and authentication services are one of the oldest traditional consular functions dating back to Statute I, Session I, Chapter 24 of April 14, 1792, "An Act Concerning Consuls and Vice Consuls". See 22 U.S.C. 4215; 2 U.S.C. 4221; Rule 44(a)(2) FRCvP, 28 U.S.C. Appendix; Rule 902(3) FREv, 28 U.S.C. Appendix; 28 U.S.C. 1740; 1741; 22 Code of Federal Regulations (CFR) 92.2 et seq. Only persons who meet the definition of "notarizing officer" may notarize documents at a U.S. embassy or consulate. See 22 C.F.R. 92.1(d). The term "notarizing officer" at a U.S. embassy or consulate includes consular officers, officers of the Foreign Service who are secretaries of embassy or legation under 22 U.S.C. 4221 and such U.S. citizen employees as the Deputy Assistant Secretary of State for Overseas Citizens Services may designate for the purpose of performing notarial acts overseas pursuant to Section 127(b) of the Foreign Relations Authorization Act, Fiscal Years 1994-1995, Pub. L. 103-236, April 30, 1994. See also the Uniform Notarial Act, the Uniform Recognition of Acknowledgments Act and the Uniform Acknowledgment Act.



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