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REGISTER
VOLUME I

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N U M B E R 156

Washington, Tuesday, October 20, 1936
PR E SID E N T OF TH E U N IT E D STATES.

other document, or any portion thereof, of whatever char acter and in whatever form , as well as any copy thereof equally with the original, which is not in the United States REGULATIONS GOVERNING THE AUTHENTICATION OF CERTIFIED
hereinafter referred to as a foreign document shall, when COPIES OF FOREIGN PUBLIC RECORDS, THE MANNER OF EXECUTING
duly certified as provided in section 489P, be admissible in AND RETURNING COMMISSIONS BY CONSULAR AND DIPLOMATIC evidence in any crim inal action or proceeding in any court OFFICERS IN CRIMINAL CASES, AND SCHEDULES OF FEES AND COM
of the United States if the court shall find, from all the PENSATION ALLOWABLE IN SUCH CASES
testimony taken with respect to such foreign document pur By virtue of and pursuant to the authority vested in me suant to a commission executed as hereinafter provided, that such document o r the original thereof in case such by the act approved June 20, 1936, entitled A n Act to the admissibility in evidence of certain writings and document is a copy, was made in the regular course of any records made in the regular course of business Public, No. business, and that it was the regular course of such business 734, 74th C ong., and by section 1752 of the Revised Stat to make such document. The term business shall include utes U . S. C., title 22, sec. 132, I hereby prescribe the fo l business, profession, occupation, and calling of every kind lowing regulations governing the authentication of certified Secs. 1-2, act of June 20, 1936.
Par the purpose of determining whether any foreign copies of documents of record or on file in a public office of a foreign country or a political subdivision thereof, the m an documents sought to be used in any crim inal action or pro ner in which consular or diplomatic officers shall execute ceeding in any court of the United States are genuine, and and return commissions issued in crim inal under the whether the requirements above set forth are satisfied with provisions of the said act of June 20, 1936, and d u ie s respect to any such document o r the original thereof in case such document is a copy, the court may issue a com of fees and compensation allowable in such cases.
Section 482A of the Consular Regulations is prescribed as mission to take the testimony of any witness in a foreign follows:
country either on oral or written interrogatories, or on 428A. C ertification o f foreign public documents. Any interrogatories partly oral and partly written. Sec. 3 a
consular officer of the United States is authorized to authenti act of June 20, 1936.
W hen the court shall issue a commission addressed to a cate a certified copy of any document of record or on file in a public office of the foreign country in which he resides, consular officer hereinafter referred to as the commissioner or of a political subdivision thereof, by a certificate under thé fo r the purposes aforesaid, the commissioner shall thor seal of his office certifying that such document has been oughly acquaint him self with the powers vested in him by certified by the law ful custodian of such document. Sec. 6 virtue of the commission and with the instructions contained therein, and, in executing and returning such commission act of June 20,1936.
Section 489 of the Consular Regulations is amended to shall be governed by such instructions and by these regula tions. Specific instructions contained in such a commission read as follows:
as to the m anner of executing and returning that commission c iv il cases shall be f ollowed although they are not in accord with the 489. Commission to take testim ony in civ il cases.__ W hen general directions contained in these regulations. Sec 4
a court in the United States appoints a consular officer com act of June 20, 1936.
missioner to take testimony in a foreign country fo r the use 489B. Disqualification o f commissioner. Any commis of that court, the commission usually is accompanied by in sioner who is interested in the outcome of the action or pro terrogatories and fu ll instructions which the consular officer ceeding in connection with which the commission issued, or must carefully follow. The consular officer acts both in his who has participated in the prosecution of such action or official consular capacity and as an officer of the court which proceeding, whether by investigations, preparation of evidence, issues the commission. 22 U. S. C. 98, 131.
or otherwise, or who directly or indirectly bears to any party The charges in such cases are official and must be in strict to such action or proceeding such a relation by blood or other accordance with the T ariff of United States Consular Pees.
wise as would w arrant a presumption of his or prejudice 22 U. S. C. 127. W hen it is necessary to insure payment in favor of or against such party, may be disqualified from of such fees, the consular officer is authorized to retain executing the commission upon his own motion. Upon the papers committed to him in connection with snr>i service receipt of a commission, the commissioner shall forthwith until the prescribed fees, fo r which he is responsible to the determine whether he has reason to believe that he is subject Government, have been paid. 22 U. S. C. 93.
to disqualification fo r any of the reasons above stated. If Sections 489A to 489T, inclusive, of the Consular Regula he so determines, he shall forthwith communicate his motion tions are prescribed as follows:
to disqualify himself, together wtih the grounds upon which c r i m i n a l c ases he bases such motion, directly to the clerk of the court from which the commission issued. Upon receipt of notice from 489A. Purposes o f and com pliance w ith commission.
the clerk that his motion has been allowed, he shall forthwith Any book, paper, statement, record, account, writing, or forw ard the commission under seal to the consular officer
Executive O rder.

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