[Federal Register: May 16, 2002 (Volume 67, Number 95)]
[Rules and Regulations]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF STATE
22 CFR Parts 22 and 51
[Public Notice 4016]
Schedule of Fees for Consular Services, Department of State and
Overseas Embassies and Consulates
AGENCY: Department of State.
ACTION: Final rule.
SUMMARY: This rule adopts as final the Department's proposed rule to
revise the Schedule of Fees for Consular Services. No comments were
received during the period for public comment. The proposed rule is
therefore adopted as final. The rule also made appropriate implementing
and other related changes in affected portions set forth in these
regulations. Specifically, the proposed rule made changes in the
Schedule of Fees for Consular Services (``Schedule of Fees'' or
``Schedule'') and made 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
EFFECTIVE DATE: June 1, 2002.
ADDRESSES: Office of the Executive Director, Bureau of Consular
Affairs, Department of State, Suite H1004, 2401 E Street NW.,
Washington, DC 20520. 20520.
FOR FURTHER INFORMATION CONTACT: Susan Abeyta, Office of the Executive
Director, Bureau of Consular Affairs, phone (202) 663-2505, telefax:
(202) 663-2499; e-mail: email@example.com.
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 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 (Implementation August 19,
Passport fees for execution and application services (``execution''
and ``issuance'' fees, under the current Schedule) have been raised.
The $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 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
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 (Implementation August 19, 2002)
The 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 (Implementation
August 19, 2002)
The $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.
Adjudication of Citizenship for Undocumented Passport Applicants
This item has been eliminated from the 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
Report of Birth
The 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 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
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 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
The 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 has 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 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-
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 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
changing 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 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 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 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
Special Visa Services
While higher than current fees, the 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 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.
For documentary services, the 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
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 charged for
each authentication of a U.S. or foreign official seal or signature.
Costs not covered by the 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 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
Judicial Assistance Services
The Schedule separates judicial assistance services from
documentary services. A fee of $650 is charged 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 charged 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 charged 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 for providing seal and certification of depositions is
based on an estimate of the average time needed to perform this
The Schedule includes two exemptions from fees for judicial
--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
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 will 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.
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
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.
Administrative Procedure Act
The Department is publishing this rule as a final rule after it was
published as a proposed rule on March 28, 2002 (67 FR 14895), Public
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
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
The effective date of this regulation is June 1, 2002. The
implementation date for Passport Services fees, Item Numbers 1, 2, 3
and 6, is August 19, 2002, following the peak travel season, and is
intended to accommodate the U.S. traveling public.
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 amended as follows:
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 first-time $30.
applicants and others who must apply in person
(implementation 8/19/02) [01--Passport
2. Passport Application Services (implementation
(a) Applicants age 16 or over (including $55.
renewals) [02--Adult Passport].
(b) Applicants under age 16 [03--Minor $40.
(c) Passport amendments (extension of No fee.
validity, name change, etc.) [04--
3. Expedited service: Guaranteed 3-day $60.
processing and/or in-person service at a U.S.
Passport Agency (implementation 8/19/02; not
applicable abroad) [Expedited Service].
4. Exemptions: The following applicants are
exempted from passport fees:
(a) Officers or employees of the United No fee.
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 [05--
(b) U.S. citizen seamen who require a No fee.
passport in connection with their duties
aboard an American flag vessel (22 U.S.C.
214) [05-- Passport Exempt].
(c) Widows, children, parents, or siblings No fee.
of deceased members of the Armed Forces
proceeding abroad to visit the graves of
such members (22 U.S.C. 214) [05--Passport
(d) Employees of the American National Red No fee.
Cross proceeding abroad as members of the
Armed Forces of the United States (10
U.S.C. 2603) [05--Passport Exempt].
5. Travel Letter: Provided as an emergency No fee.
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) [06--U.S.C. Travel
6. File search and verification of U.S. $45.
citizenship (implementation 8/19/02): 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) [07--PPT File
7. Application for Report of Birth Abroad of a $65.
Citizen of the United States: [08--Report Birth
(Items nos. 8 through 10 vacant)
Overseas Citizens Services
Arrests, Welfare and Whereabouts, and Related
11. Arrest and prison visits.................... No fee.
12. Assistance regarding the welfare and No fee.
whereabouts of a U.S. Citizen, including child
13. Loan processing:
(a) Repatriation loans...................... No fee.
(b) Emergency dietary assistance loans...... No fee.
Death and Estate Services
14. Assistance to next-of-kin:
(a) After the death of a U.S. citizen abroad No fee.
(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 deceased non- Consular time (item
U.S. citizen family member (providing 75) plus expenses.
assistance in shipping or other disposition
of remains of a non-U.S. Citizen) [11--Non
15. Issuance of Consular Mortuary Certificate on $60.
behalf of a non-U.S. Citizen [12--Non-U.S.C.
16. Acting as a provisional conservator of
estates of U.S. Citizens:
(a) Taking possession of personal effects; No fee.
making an inventory under an official seal
(unless significant time and/or expenses
(b) Overseeing the appraisal, sale, and No fee.
final disposition of the estate, including
disbursing funds, forwarding securities,
etc. (unless significant time and/or
(c) For services listed in 16(a) or (b) when Consular time (item
significant time and/or expenses are 75) and/or expenses.
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 Processing].. $65.
(b) Border crossing card--10 year (age 15 $65.
and over) [22--BCC 10 Year].
(c) Border crossing card--5 year (under age ......................
(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 and No fee.
diplomatic visas as defined in 22 CFR 41.26
(b) Applicants for J visas participating in No fee.
official U.S. Government sponsored
educational and cultural exchanges [24--MRV
(c) Replacement machine-readable visa when No fee.
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 international No fee.
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 travelling on No fee.
official business [24--MRV Exempt].
23. Nonimmigrant visa issuance fee, including
[25--NIV Issuance Reciprocal] Reciprocal
24. Exemptions from nonimmigrant visa issuance
(a) An official representative of a foreign No fee.
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 from the No fee.
United Nations Headquarters [26--NIV
(c) An applicant participating in a U.S. No fee.
Government sponsored program [26--NIV
(d) An applicant travelling to provide No fee.
charitable services as determined by the
Department [26--NIV Issuance Exempt].
(Items Nos. 25 through 30 vacant)
Immigrant and Special Visa Services
31. Filing immigrant visa petition (Collected
for INS and subject to change):
(a) Petition to classify status of alien $130.
relative for issuance of immigrant Visa
[81--INS I--130 Petition].
(b) Petition to classify orphan as an $460.
immediate relative [82--INS I-600 Petition].
32. Immigrant visa application processing fee $335.
(per person) [31--IV Application].
33. Diversity Visa Lottery surcharge for $100.
immigrant visa application (per person applying
as a result of the lottery program) [32--DV
34. Affidavit of Support Review (only when AOS $65.
is reviewed domestically).
35. Special visa services:
(a) Determining Returning Resident Status $360.
(b) Transportation letter for Legal $300.
Permanent Residents of U.S. [34--LPR
(c) Waiver of 2 year residency requirement $230.
(d) Waiver of immigrant visa ineligibility $195.
(collected for INS and subject to change)
(e) Refugee or significant public benefit No fee.
parole case processing [35--Refugee/Parole].
(f) U.S. Visa fingerprinting [36-- $85.
(Item Nos. 36 through 40 vacant)
41. Providing notarial service:
(a) First service (seal) [41--Notarial]..... $30.
(b) Each additional seal provided at the $20.
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
(a) First Copy [43--Certified Copy]......... $30.
(b) Each additional copy provided at the $20.
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, marriages, $30.
and deaths of U.S. citizens abroad
originally issued by a U.S. Embassy or
(b) Issuance of Replacement Report of Birth $30.
(c) Certified copies of documents relating $30.
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 or $30.
extract from an official passport record.
(e) Certifying that no record of an official $30.
file can be located [45--Brth/Mar/Death/No
(f) Each additional copy provided at same $20.
time [46--Additional Cert].
44. Authentications (by posts abroad):
(a) Authenticating a foreign notary or other $30.
foreign official seal or signature.
(b) Authenticating a U.S. Federal, State, or $30.
(c) Certifying to the official status of an $30.
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--Authentication] $30.
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 Federal No fee.
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 United No fee.
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 foreign No fee.
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 foreign No fee.
government official when appropriate or as
a reciprocal courtesy [48--Documents
(f) At the request of direct hire U.S. No fee.
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
(h) With respect to affidavits of support No fee.
for immigrant visa applications [48--
(i) With respect to endorsing U.S. Savings No fee.
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. Taking depositions or executing commissions
to take testimony:
(a) Scheduling/arranging appointments for $475.
depositions, including depositions by video
teleconference (per daily appointment) [53--
(b) Attending or taking depositions, or $235 per hour plus
executing commissions to take testimony expenses.
(per hour or part thereof) [54--Depose/
(c) Swearing in witnesses for telephone $235.00.
depositions [55--Telephone Oath].
(d) Supervising telephone depositions (per $235 per hour plus
hour or part thereof over the first hour) expenses.
[56--Supervise Tel Depo].
(e) Providing seal and certification of $60.00.
depositions [57--Deposition Cert].
53. Exemptions: Deposition or executing
commissions to take testimony. Fees (item 42)
will not be charged when the service is
(a) At the direct request of any Federal No fee.
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)
(b) Executing commissions to take testimony No fee.
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--
(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
[61--Shipping Bill of Sale]................. Consular time (item
75) plus expenses.
[62--Shipping Radio Lic].................... 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)
71. Non-emergency telephone calls [70--Toll Call Long distance charge
Cost] [71--Toll Cost Surcharge]. plus $10.
72. Setting up and maintaining a trust account: $30.
For 1 year or less to transfer funds to or for
the benefit of a U.S. citizen in need in a
foreign country [72--OCS Trust].
73. Transportation charges incurred in the Expenses incurred.
performance of fee and no-fee services when
appropriate and necessary [73--Transportation].
74. Return check processing fee [74--Return $25.
75. Consular time charges: As required by this $235.
schedule and for fee services performed away
from the office or during after-duty hours (per
hour or part thereof/per consular employee)
76. Photocopies (per page) [76--Photocopy]...... $1.
(Items nos. 77 through 80 vacant)
3. The authority citations for part 51 continues to read as
Authority: 22 U.S.C. 211a; 213, 2651a; 2671(d)(3), 2714 and3926;
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. Section 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
(c) A fee for expedited services, if any, provided pursuant to
Dated: May 3, 2002.
Grant S. Green,
Under Secretary of State for Management, Department of State.
[FR Doc. 02-12048 Filed 5-15-02; 8:45 am]
BILLING CODE 4710-06-P
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