Executive Order 8210—Amending the Foreign Service Regulations of the United States

By virtue of and pursuant to the authority vested in me by section 1752 of the Revised Statutes of the United States (22 U.S.C. § 132), it is ordered that the Foreign Service Regulations of the United States be, and they are hereby, amended by prescribing the following as Chapter II thereof:

CHAPTER II

DIPLOMATIC AND CONSULAR BRANCHES OF THE FOREIGN SERVICE

II-l. Diplomatic officers. (a) Definition. The term "diplomatic officers" shall include ambassadors, ministers (whether plenipotentiary or resident), diplomatic agents, charges d'affaires, charges d'affaires ad interim, counselors of embassy or legation, and secretaries of embassy or legation.

(b) Functions. Diplomatic officers shall perform the following functions within the countries to which they are accredited:

(1) Establish and maintain friendly relations between the Government and people of the United States and the government and people of the country to which they are accredited

(2) Keep the Government of the United States informed regarding political and economic developments abroad, particularly those affecting its interests

(3) Extend protection to American citizens and promote just American interests in every proper manner

(4) Interpret faithfully the viewpoint of the American Government in any question at issue.

II-2. Diplomatic representatives. The term "diplomatic representatives" shall denote the following classes of diplomatic officers:

(a) Ambassadors extraordinary and plenipotentiary, and special and high commissioners with the rank of ambassadors extraordinary and plenipotentiary

(b) Envoys extraordinary and ministers plenipotentiary, and special and high commissioners with the rank of envoys extraordinary and ministers plenipotentiary

(c) Ministers resident

(d) Charges d'affaires commissioned by the President as such and accredited by the Secretary of State to the Minister for Foreign Affairs of the government to which they are sent.

II-3. Preliminaries before departure for post. After the appointment of a diplomatic representative and the filing of the prescribed oath of office, he shall be given his commission, furnished with his credentials and other necessary papers, and given such general and special instructions as the Secretary of State may deem necessary for his guidance.

II-4. Presentation of credentials. Upon the arrival at the seat of mission, the newly appointed diplomatic representative shall request, through the actual incumbent of the mission, an informal conference with the Minister for Foreign Affairs, or such other officer of the government to which he is accredited as may be found authorized to act in the premises, in order to arrange for his official reception. He shall at the same time, in his own name, address a formal note to the Minister for Foreign Affairs, communicating the fact of his appointment and requesting the designation of a time and place for presenting his letter of credence and the letter of recall of his predecessor.

When the representative is accredited by the President to the Chief of State, he shall, on requesting audience for the purpose of presenting the original sealed letter of credence in person, communicate to the Minister for Foreign Affairs the open office copy thereof accompanying his original instructions.

If the diplomatic representative be of the rank of charge d'affaires, bearing a letter of credence addressed to the Minister for Foreign Affairs, he shall, on addressing to the Minister the formal note, convey to him the office copy of his letter of credence and shall await the Minister's pleasure for presentation of the original.

A copy of each letter of credence shall be prepared and placed in the files of the mission.

II-5. Entry upon official duties. The official duties of a diplomatic representative begin on the day of his formal reception by the Chief of State, or in the case of the charge d'affaires by the Minister for Foreign Affairs. If the formal audience of reception is delayed, the Minister for Foreign Affairs may arrange for the transaction of diplomatic business with the new representative pending such reception.

II-6. Procedure to be observed when visiting a neighboring capital. When a diplomatic officer of the United States abroad visits the capital of a third country, he shall at once make his presence known to the representative of the United States by calling on him. If his stay is to be more than transitory, he shall call on the representative of the country to which he is accredited.

Any calls upon officials of the country, except those of a purely personal character, shall be made only upon the recommendation of the resident American representative.

II-7. Resignation of diplomatic representative. The resignation of a diplomatic representative shall be tendered to the President, but the despatch transmitting such resignation shall be addressed to the Secretary of State.

II-8. Consular officers. The term "consular officers" shall include consuls general, consuls. Foreign Service officers commissioned as vice consuls, language officers, vice consuls, and consular agents.

II-9. Official recognition of consular officers. (a) Exequatur. Upon the assignment of a consular officer, his commission shall be transmitted to the diplomatic representative accredited to the government within whose jurisdiction the consular office is situated, with instructions to apply for an exequatur. When obtained, the exequatur, together with the commission, shall be transmitted by the diplomatic representative to the consulate to which the officer is assigned through the supervisory consulate general, if there is one.

If there is no diplomatic representative of the United States stationed in the country of assignment, the Department of State shall make other arrangements for procuring the exequatur.

(b) Provisional recognition. Upon the receipt of telegraphic or written instructions from the Department of State, the diplomatic representative shall request the government to which he is accredited for provisional recognition for either principal or subordinate consular officers. The date on which the request for recognition is communicated to the Foreign Office and the date of final recognition shall be communicated to the supervising consul general, if there is one, and to the consular office of assignment.

11-10. Entry on duties. A consular officer may enter upon his official duties upon the receipt of his exequatur or, when directed by the Department of State, without an exequatur upon the receipt of provisional recognition from the proper authorities.

CANCELLATION OF PORTIONS OF REGULATIONS

The following provisions of the Foreign Service Regulations of the United States are hereby canceled:

PART I

Sections II-l, II-2, II-3, II-4, II-5, II-6, II-7, II-10, II-11, II-12, II-13, II-14, II-15, II-16, II-17, II-18, II-19, II-20, II-21, II-22, II-23, II-24, II-25, II-26, II-28, II-29, VI-4, VI-15, VIII-16, and VIII-17.

Chapter I.

PART II

Sections I-19, I-20, I-21, I-22, I-23, I-29, III-48, III-49, III-50, III-56, III-69, and IV-76.

REVOCATION OF EXECUTIVE ORDER

Executive Order No. 5661 of July 1, 1931, is hereby revoked.

FRANKLIN D ROOSEVELT

The White House,
July 17, 1939.