Subject matter

Appointment of Foreign Service Officers.

Authentication and other services....

Claims and stolen property..... International educational and cultural exchange program. International traffic in arms.

Nationality and passports......

Protection and welfare of U.S. citizens, shipping and seamen, and other consular services abroad. Visa issuance..

§ 5.4

Department of State, Annex 8, 1900 E Street
Department of State, Room 1237, 2201 C Street
NW., Washington, D.C. 20520.
NW., Washington, D.C. 20520.

Department of State, 2201 C Street NW.,
Washington, D.C. 20520.

Washington, D.C. 20520.

Passport Office...

Visa Office......

Substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretation of general applicability formulated and adopted by the

agency.

(a) The regulations of the Department of State required to be published under the provisions of the Administrative Procedure Act are found in the Code of Federal Regulations and the FEDERAL REGISTER. Any person desiring information with respect to a particular procedure should examine the pertinent regulation cited hereafter.

(b) The following are citations to regulations within the scope of this section.

(1) Acceptance of Gifts and Decorations from Foreign Governments. 22 CFR 3 et seq. (2) Employee Responsibility and Conduct. 22 CFR 10 et seq.

(3) Appointment of Foreign Service Officers. 22 CFR 11 et seq.

(4) Fees for Services in the United States, fees and Charges, Foreign service. 22 CFR 21 et seq.; 22 CFR 22 et seq.

(5) Claims and Stolen Property. 22 CFR 31 et seq.

(6) Issuance of Visas. 22 CFR 41-42 et seq. (7) Nationality and Passports. 22 CFR 50 et seq.

(8) International Educational and Cultural Exchanges. 22 CFR 61 et seq.

(9) Protection and Welfare of Americans Abroad. 22 CFR 71 et seq.

(10) Shipping and Seamen Abroad. 22 CFR 81 et seq.

(11) Other Consular Services Abroad. 22 CFR 91 et seq.

(12) Economic, Commercial and Civil Air Functions Abroad. 22 CFR 101 et seq.

(13) International Traffic in Arms. 22 CFR 121 et seq.

(14) Certificates of Authentication. 22 CFR 131 et seq.

(15) Civil Rights. 22 CFR 141 et seq.

Department of State, Annex 6, Room 103, 2121 Pennsylvania Avenue NW., Washington, D.C. 20520.

Department of State, Annex 17, Room 102, 17th and H Streets NW., Washington, D.C. 20524.

Department of State, 2201 C Street NW., Washington, D.C. 20520.

Department of State, Annex 2, 515 22d Street NW., Washington, D.C. 20520.

6.5 Authority to release and certify; authority to withhold records and appeals. Public reading room.

6.6

6.7

6.8

Manner of requesting records.

Schedule of fees and method of payment for services rendered.

6.9 Opening of records for nonofficial research.

6.10 Activities of advisory and industry advisory committees.

AUTHORITY: The provisions of this Part 6 issued under sec. 4, 63 Stat. 111, as amended, sec. 501, 65 Stat. 290; 22 U.S.C. 2658, 31 U.S.C. 483a, 5 U.S.C. 552, E.O. 10501; 18 F.R. 7049, 3 CFR 1949-53 Comp., page 979, unless otherwise noted.

SOURCE: The provisions of this Part 6 contained in Dept. Reg. 108.584, 33 F.R. 7079, May 11, 1968, unless otherwise noted.

format, and subject matter, which will permit its location.

(b) The term "record" includes all books, papers, maps, photographs, or other documentary material, or copies thereof, regardless of physical form or characteristics, made in or received by the Department of State, and preserved as evidence of its organization, functions, policies, decisions, procedures, operations, or other activities.

§ 6.2 Availability of records.

(a) All identifiable records of the Department of State shall be made available to the public upon compliance with the procedures established in this part, except to the extent that a determination is made to withhold a record exemptable under 5 U.S.C. 552(b). That determination shall be made in accordance with § 6.5(b).

(b) Unclassified information, documents, and forms which have previously been provided to the public as part of the normal services of the Department of State will continue to be made available without regard to the following sections.

(EO 11671, 37 F.R. 11307) [Dept. Reg. 108.584, 33 F.R. 7079, May 11, 1968, as amended by Dept. Reg. 108.674, 37 F.R. 18616, Sept. 14, 1972]

§ 6.3 Availability of statements of policy, interpretations, manuals, instruc

tions.

Statements of policy, interpretations, administrative manuals (or portions thereof), opinions, orders, and instructions to staff which affect any member of the public will be made public for inspection and copying in the public reading room, except to the extent that they are exemptable by law from disclosure and a determination to withhold is made under § 6.5(b).

(EO 11671, 37 F.R. 11307) [Dept. Reg. 108.674, 37 F.R. 18616, Sept. 14, 1972]

§ 6.4 Records which may be exempt from disclosure.

The following categories are examples of records maintained by the Department of State which may be exempted from disclosure:

(a) Records required to be withheld by Executive order or other authority, relating to national defense or foreign policy. Included in this category are records required by Executive Order 10501, as amended, to be kept secret in

the interests of national defense or foreign policy. Disclosure of records in this category will be made to the public only in the manner established by § 6.9.

(b) Records related solely to internal personnel rules and practices. Included in this category are internal rules and practices relating to management operations which cannot be disclosed to the public without substantial prejudice to the effective performance of a significant function of the Department of State.

(c) Records specifically exempted from disclosure by statute. Included in this category are records relating to the officers and employees of the Foreign Service, including efficiency records (sec. 612 of the Foreign Service Act of 1946, as amended, 22 U.S.C. 986), and the records of the Department of State or of diplomatic and consular officers of the United States pertaining to the issuance or refusal of visas or permits to enter the United States (sec. 222(f) of the Immigration and Nationality Act, 8 U.S.C. 1202(f)).

(d) Information given in confidence. Included in this category are records reflecting commercial and financial information, as well as other information, obtained from any person and customarily regarded as privileged and confidential by the person from whom they were obtained.

(e) Interagency or intragency memorandums or letters. Included in this category are records such as interagency communications and internal drafts, memorandums between officials and agencies, opinions and interpretations prepared by staff or consultants; records of the deliberations of staff personnel; and records whose premature disclosure would interfere with the achievement of the purpose for which they were being prepared.

(f) Personnel, medical, and other files. Included in this category are personnel and medical files and other files containing private or personnel information which, if disclosed to the public, would amount to a clearly unwarranted invasion of the privacy of any person to whom the information pertains.

(g) Investigatory files. Included in this category are files compiled for the enforcement of all laws, or prepared in connection with Government litigation and adjudicative proceedings, except for those portions of such files which are by law available to persons in litigation with the Department, in which case such

portions will be made available to such litigants.

§ 6.5 Authority to release and certify; authority to withhold records and appeals.

(a) Except as provided in § 6.9, authority is hereby delegated to the Chief, Records Services Division, to furnish copies of records to any person entitled thereto pursuant to these regulations, and upon request to provide certified copies thereof in accordance with Part 131 of this chapter.

(b) If an office of the Department of State believes that a record which has been requested under this part should not be disclosed, it shall refer the request with a copy of the record in question to the Deputy Legal Adviser for Management. The Deputy Legal Adviser for Management, in consultation with the Office of Policy and Plans of the Bureau of Public Affairs, shall determine whether the record may be exempted from disclosure and whether, if so, it should nevertheless be disclosed. This determination shall be in written form, clearly stating the basis upon which the record has been withheld, including the specific provision governing exemption under 5 U.S.C. 552 (b) which has been determined to apply. That determination shall be final, subject only to review as provided in paragraph (c) of this section.

(c) Review of the determination under paragraph (b) of this section may be requested by the person who submitted the original request for a record which has been withheld. The review must be requested in writing within 30 days of the notice advising that person of the determination to withhold. The request for review should be forwarded by certified mail to the Deputy Under Secretary of State for Management, Chairman, Council on Classification Policy, Department of State, Washington, D.C. 20520, together with a copy of the written denial issued under paragraph (b) of this section. The request shall include a statement of the circumstances, reasons, or arguments advanced for insistence upon disclosure of the originally requested record. After review, the decision will be promptly communicated to the person requesting review, and will constitute the final action of the Department.

(EO 11671, 37 F.R. 11307) [Dept. Reg. 108.584, 33 F.R. 7079, May 11,1968, as amended by Dept. Reg. 108.674, 37 F.R. 18616, Sept. 14, 1972]

§ 6.6 Public reading room.

A public reading room or area where the records described in § 6.3 shall be made available is located in the Department of State, 2201 C Street NW., Washington, D.C. The receptionist will refer the applicant to the proper room. Fees will not be charged for access by the public to this room or the records contained therein, but fees in accordance with § 6.8 will be charged for furnishing copies thereof. The Chief, Records Services Division, in his discretion, may authorize persons to utilize their own portable copying equipment. Any arrangements for the use of such equipment must be consistent with security regulations of the Department of State and are subject to the availability of personnel to monitor such copying.

(EO 11671, 37 F.R. 11307) [Dept. Reg. 108.584, 33 F.R. 7079, May 11, 1968, as amended by Dept. Reg. 108.674, 37 F.R. 18616, Sept. 14, 1972]

§ 6.7

Manner of requesting records.

(a) Identifiable records may be requested by the public in person from 10 a.m. to 4 p.m., Department of State, 2201 C Street NW., Washington, D.C., where the receptionist will refer the applicant to the proper office for service and the necessary forms for making a request. Requests by mail should be addressed to the Chief, Records Services Division, Department of State, Washington, D.C. 20520.

(b) In view of the decentralized nature of the files of the Department of State, it will generally not be possible to make the requested records available immediately upon request. Records will be made available as promptly as is reasonable under the particular circumstances involved.

(c) Original or record copies of records will not be permitted to leave the custody of the lawful custodian thereof. Copies, duly certified upon request, will be furnished in lieu thereof in accordance with established fees.

(d) Requests relating to records of any other Federal agency, copies of which are on file in the Department of State, will normally be referred to that agency for consideration.

(e) The burden of adequately identifying the record so requested lies with the requesting person. Such person may seek appropriate assistance from the Chief, Records Services Division, or a

(b) Fees for services performed other than under this part, as described in § 6.2(b), will be charged in accordance with Parts 21 and 22 of this chapter.

(c) When no specific fee has been established for a service, or the request for a service does not fall under one of the above categories due to the amount or size or type thereof, the Chief, Records Services Division is authorized to establish an appropriate fee pursuant to the criteria established in Bureau of the Budget Circular No. A-25, entitled "User Charges."

(d) When a request for identifiable records is made by mail pursuant to § 6.7 (a), it should be accompanied by remittance of the total fee chargeable, as well as a self-addressed stamped envelope, if special mail services are desired.

(e) Fees must be paid in full prior to issuance of requested copies. If uncertainty as to the existence of a record, or as to the number of sheets to be copied or certified, precludes remitting the exact fee chargeable with the request, the Department of State will inform the interested party of the exact amount required.

(f) Remittances shall be in the form either of a personal check or bank draft drawn on a bank in the continental United States, a postal money order, or cash. Remittances shall be made payable

to the order of the Department of State. The Department will assume no responsibility for cash which is lost in the mail.

(g) A receipt for fees paid will be given only upon request. Refund of fees paid for services actually rendered will not be made.

§ 6.9

Opening of records for nonofficial research.

(a) Definition. As used in this section, "records" means records of the Department of State, including the records of U.S. posts abroad, and such other files as may be placed under the control of the Department of State.

(b) General policy. The Department will open its records on an equitable basis to all individuals engaged in nonofficial research as soon as such action may be taken without adversely affecting the national security, the maintenance of friendly relations with other nations, and the efficient operation of the Department. The opening of departmental records to nonofficial researchers will ordinarily not take place until after the records have been transferred to the custody of the National Archives and Records Service. The opening of records for nonofficial research will generally take place on the basis of large blocks of records defined by years and/or major subject categories.

(c) Open records. (1) The records of the Department, with the exceptions stated in subparagraph (2) of this paragraph, shall be automatically declassified and opened to research when such records are 30 years old. The records for an entire year shall be opened normally on the first of January each year.

(2) Certain categories of records falling within the exemptions specified in § 6.4, as defined in restriction statements issued by the National Archives and Records Service, are not open for unofficial Research purposes until they are 50 or 75 years old.

(3) When, in the opinion of the Director of the Historical Office, it is administratively feasible and consistent with the national security to open blocks of records less than 30 years old, he shall so recommend to the Council on Classification Policy. On approval by the Council, such records shall be declassified and treated administratively as if they were open records as defined in subparagraph (1) of this paragraph, except that classified papers which have been identified as

requiring special handling shall not be opened to researchers until they are declassified either by specific action of the Department in each case or by the automatic declassification after 30 years, as provided for in subparagraph (1) of this paragraph.

(d) Restricted records. (1) Records of the Department other than those declassified and opened in accordance with procedures set forth above are not available to access by nonofficial researchers except to the limited extent that may be permitted under §§ 9.22 and 9.25 of this chapter.

(2) Nothing in this subsection affects the rights of persons to request and to receive copies of identifiable foreignpolicy documents of any age, unclassified or declassified, in accordance with the procedures set forth in §§ 6.1 through 6.8.

(e) Information on administration of this section. Correspondence with regard to the availability of records of the Department under this section should be addressed to the Director, Historical Office, Bureau of Public Affairs, Department of State, Washington, D.C. 20520. (EO 11671, 37 F.R. 11307) [Dept. Reg. 108.674, 37 F.R. 18616, Sept. 14, 1972]

§ 6.10 Activities of advisory and industry advisory committees.

Any determination under section 13(d) of Executive Order 11671 of June 5, 1972 (37 F.R. 11307, June 7, 1972), that activities of an advisory committee or industry committee are matters which fall within policies analogous to those recognized in section 552(b) of title 5 of the United States Code and that the public interest requires such activities to be withheld from disclosure shall be made by the Chairman of the Council on Classification Policy of the Department of State. His determination shall be in writing and is final.

(EO 11671, 37 F.R. 11307) [Dept. Reg. 108.674, 37 F.R. 18617, Sept. 14, 1972]

SOURCE: The provisions of this Part 7 contained in Dept. Reg. 108.573, 32 F.R. 16258, Nov. 29, 1967, unless otherwise noted.

§ 7.1

Establishment of Board of Appellate Review; purpose.

There is hereby established the Board of Appellate Review in the Office of the Deputy Under Secretary for Administration for the purpose of promoting centralization of administrative appeal procedures required by law and regulation or otherwise as provided by the Department.

§ 7.2 Board membership.

The Board shall consist of regular members who shall serve on a full-time basis, one of whom shall be designated the head thereof, and such ad hoc members as may be designated from time to time by the Deputy Under Secretary for Administration. Nothing in this section shall prohibit the designation of ad hoc members from among persons not employed by the Department or its Foreign Service.

§ 7.3 Jurisdiction.

The jurisdiction of the Board shall include appeals from decisions in the following cases:

(a) Nationality cases. The Board shall consider and determine appeals under § 50.60 of this title. The Board may adopt and make public rules of procedure approved by the Secretary (Part 50, Subpart D of this title).

(b) Passport cases. (1) The Board shall consider and determine appeals under 51.90 of this title. The Board may adopt and make public rules of procedure approved by the Secretary (Part 51, Subpart F of this title).

(2) The Board shall have responsibility for providing a regular or ad hoc member to act in the capacity of hearing officer under § 51.83 of this title.

(c) Contract cases. The Board may, as directed by the Deputy Under Secretary for Administration, consider and determine appeals of contractors or grantees from final decisions of contracting officers arising under contracts or grants of the Department of State. This part shall not apply to contract appellate functions otherwise provided for in Department of State Procurement Regulations, 41 CFR Parts 6-60.

(d) Personnel cases. (1) The Board shall have responsibility for providing a regular or ad hoc member to act in