Rule2024-24890
Notarial and Related Services
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 28, 2024
Effective
November 27, 2024
Issuing agencies
State Department
Abstract
The Bureau of Consular Affairs amends its notarial rules to reflect that the Director, Deputy Directors, and regional Division Chiefs of the Office of American Citizens Services and Crisis Management, Overseas Citizens Services will designate U.S. citizen employees of the Department of State abroad, who are not diplomatic or consular officers, to perform notarial services. This change will streamline the designation process allowing expedited designation to provide this and expedite notarial service where needed at U.S. embassies and consulates abroad.
Full Text
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<title>Federal Register, Volume 89 Issue 208 (Monday, October 28, 2024)</title>
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[Federal Register Volume 89, Number 208 (Monday, October 28, 2024)]
[Rules and Regulations]
[Pages 85429-85430]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-24890]
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DEPARTMENT OF STATE
22 CFR Part 92
[Public Notice: 12553]
RIN 1400-AF89
Notarial and Related Services
AGENCY: Bureau of Consular Affairs, Department of State.
ACTION: Final rule.
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SUMMARY: The Bureau of Consular Affairs amends its notarial rules to
reflect that the Director, Deputy Directors, and regional Division
Chiefs of the Office of American Citizens Services and Crisis
Management, Overseas Citizens Services will designate U.S. citizen
employees of the Department of State abroad, who are not diplomatic or
consular officers, to perform notarial services. This change will
streamline the designation process allowing expedited designation to
provide this and expedite notarial service where needed at U.S.
embassies and consulates abroad.
DATES: This rule is effective on November 27, 2024.
FOR FURTHER INFORMATION CONTACT: Thales Dus, U.S. Department of State,
CA/OCS/MSU, SA-17, 10th Floor, Washington, DC 20522-1707,
<a href="/cdn-cgi/l/email-protection#c08f839392a5a7b380b3b4a1b4a5eea7afb6"><span class="__cf_email__" data-cfemail="3c737f6f6e595b4f7c4f485d4859125b534a">[email protected]</span></a>, 202-485-6020.
SUPPLEMENTARY INFORMATION: This final rule modifies the Department's
regulations on Notarial and Related Services in 22 CFR part 92.
Amendments to Sec. 92.1 authorize the Director, Deputy Directors and
regional Division Chiefs of the Office of American Citizens Services
and Crisis Management, Bureau of Consular Affairs, to designate U.S.
citizen employees of the U.S. Department of State abroad, who are not
diplomatic or consular officers, to perform notarial services at U.S.
diplomatic and consular offices abroad. This change will replace the
authorization for the Deputy Assistant Secretary for Overseas Citizens
Services as the sole Department official able to designate U.S. citizen
employees of the Department abroad as notarizing officers.
The Department is making this change to improve efficiencies in the
process of designating Department employees as notarizing officers at
U.S. embassies and consulates abroad. Demand for notarial services at
230 diplomatic and consular posts abroad varies from year to year but
the trend line for requests for notarial services is ever increasing.
The authority to designate U.S. citizen Department employees as
notarizing officers has been a key resource for addressing increasing
demand at posts abroad. The changes to this regulation authorizing an
increase in the number of persons able to make such designations will
place the Department on a more
[[Page 85430]]
nimble, efficient footing able to better manage capacity demands.
Regulatory Findings
Administrative Procedure Act
This rule is a rule of agency organization, procedure, or practice,
and thus is exempt from the ``notice and comment'' requirements of the
Administrative Procedure Act. 5 U.S.C. 553(b). Pursuant to 5 U.S.C.
553(d), this rule will be effective 30 days after publication.
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.
Unfunded Mandates 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.
Congressional Review Act
This rule is not a major rule as defined by 5 U.S.C. 804. 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 United States-based companies to
compete with foreign based companies in domestic and import markets.
Executive Order 12866, 14094, and 13563
The Office of Information and Regulatory Affairs has designated
this rulemaking as not significant under Executive Order 12866, section
3(f), Regulatory Planning and Review. The Department has reviewed the
regulation to ensure its consistency with the regulatory philosophy and
principles set forth in Executive Order 12866, as amended by Executive
Order 14094.
The Department of State has considered this rule in light of
Executive Order 13563, dated January 18, 2011, and affirms that this
regulation is consistent with the guidance therein. Global notarial
service volume in recent years was as follows:
2024-212,142 (as of August 2024)
2023-233,923
2022-263,036
The number of Designations of Notarizing Officers approved by the
Deputy Assistant Secretary for Overseas Citizens Services in recent
years are:
2024-130 (as of September 2024)
2023-114
2022-90
This rule will authorize more individuals than the Deputy Assistant
Secretary to make designations of Notarizing Officers. The Department
believes this will benefit both the public and the Department, and any
cost associated with this change is outweighed by the efficiency this
should add to the notary process.
Executive Orders 12372 and 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 require consultations or warrant
the preparation of a federalism summary impact statement. The
regulations implementing Executive Order 12372 regarding
intergovernmental consultation on Federal programs and activities do
not apply to this regulation.
Paperwork Reduction Act
This rule does not impose any new reporting or record-keeping
requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter
35.
List of Subjects in 22 CFR Part 92
Notarial and related services.
For the reasons set out in the preamble, 22 CFR part 92 is amended
as follows:
PART 92--NOTARIAL AND RELATED SERVICES
0
1. The authority citation for part 92 is revised to read as follows:
Authority: 22 U.S.C. 2651a, 2656, 4215 and 4221.
Sec. 92.1 [AMENDED]
0
2. Amend Sec. 92.1 by revising paragraph (d) and removing the
undesignated paragraph following paragraph (d) to read as follows:
Sec. 92.1 Definitions.
* * * * *
(d) For purposes of this part, except Sec. Sec. 92.36 through
92.42 relating to the authentication of documents, the term
``notarizing officer'' includes consular officers, officers of the
Foreign Service who are secretaries of embassy or legation under
section 24 of the Act of August 18, 1856, 11 Stat. 61, as amended (22
U.S.C. 4221), and such U.S. citizen Department of State employees as
the Director or Deputy Directors, and regional Division Chiefs, Office
of American Citizens Services and Crisis Management, Overseas Citizens
Services, Bureau of Consular Affairs, U.S. Department of State 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, Public Law 103-236, April 30, 1994 (``designated
employees''). The authority of designated employees to perform notarial
services shall not include the authority to perform authentications, to
notarize patent applications, or take testimony in a criminal action or
proceeding pursuant to a commission issued by a court in the United
States, but shall otherwise encompass all notarial acts, including but
not limited to administering or taking oaths, affirmations, affidavits
or depositions. The notarial authority of a designated employee shall
expire upon termination of the employee's assignment to such duty and
may also be terminated at any time by the Director or Deputy Directors,
or regional Division Chiefs of the Office of American Citizen Services
and Crisis Management, Overseas Citizens Services, Bureau of Consular
Affairs, U.S. Department of State.
Angela M. Kerwin,
Deputy Assistant Secretary, Bureau of Consular Affairs/Office of
Overseas Citizen Services, Department of State.
[FR Doc. 2024-24890 Filed 10-25-24; 8:45 am]
BILLING CODE 4710-25-P
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