FAQ / HOW DO THE NOTARIAL FUNCTIONS OF U.S. CONSULAR OFFICIALS DIFFER FROM THOSE OF A U.S. NOTARY PUBLIC?

Like a notary public in the U.S., the consular official must require the personal appearance of the person requesting the notarial service; establish the identity of the person requesting the service; establish that the person understands the nature, language and consequences of the document to be notarized; and establish that the person is not acting under duress. (22 C.F.R. 92.31). In addition, the consular official must be satisfied that the act does not come within the purview of the regulatory bases for refusal to provide the notarial service set forth at 22 C.F.R. 92.9. This requires that the consular officer be generally familiar with the laws of the foreign country, U.S. law, and treaty obligations, or consult the Department of State when a matter is in doubt. Finally, in addition to the usual functions of notaries related to oaths, affidavits and acknowledgments, U.S. consular officials authenticate documents, a governmental act, which is not performed by notaries in the United States.



Keywords: notary, notary public, document,