A-16787, MAY 9, 1927, 6 COMP. GEN. 726

A-16787, MAY 9, 1927, 6 COMP. GEN. 726

APPOINTMENTS, AFFIDAVITS - FOREIGN SERVICE OFFICERS FOREIGN SERVICE OFFICERS OF CAREER, BEING APPOINTED BY THE PRESIDENT BY AND WITH THE ADVICE AND CONSENT OF THE SENATE TO A PARTICULAR CLASS, MUST EXECUTE THE AFFIDAVIT REQUIRED BY THE ACT OF DECEMBER 11, 1926, UPON THEIR ORIGINAL APPOINTMENT TO A CLASS AND WHENEVER THEY ARE PROMOTED BY APPOINTMENT TO A DIFFERENT CLASS. THEY ARE NOT REQUIRED, HOWEVER, TO EXECUTE THE AFFIDAVIT WHEN TRANSFERRED TO DIFFERENT POSTS WHILE REMAINING IN THE SAME CLASS. VICE CONSULS NOT OF CAREER, APPOINTED BY THE SECRETARY OF STATE FOR DUTY AT A PARTICULAR POST, MUST FURNISH THE AFFIDAVIT REQUIRED BY THE ACT OF DECEMBER 11, 1926, WHENEVER PERMANENTLY TRANSFERRED TO A NEW POST OF DUTY.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF STATE, MAY 9, 1927:

RECEIPT IS ACKNOWLEDGED OF YOUR LETTER OF APRIL 26, 1927, AS FOLLOWS:

REFERRING TO GENERAL REGULATION NO. 62 OF DECEMBER 27, 1926, CONCERNING THE "FILING OF AFFIDAVITS BY CERTAIN OFFICERS OF THE UNITED STATES," THE DEPARTMENT WOULD BE GLAD TO KNOW WHETHER IT IS CONSIDERED NECESSARY FOR AN OFFICER TO EXECUTE FORM NO. 1041 EACH TIME HE IS PROMOTED, I.E., FROM ONE GRADE TO ANOTHER IN THE FOREIGN SERVICE, AND WHETHER A NONCAREER VICE CONSUL SHOULD EXECUTE THIS FORM EACH TIME HE IS TRANSFERRED.

IT OCCURS TO THE DEPARTMENT THAT POSSIBLY THE AFFIDAVIT, FORM NO. 1041, FILED WHEN OFFICERS ARE FIRST APPOINTED TO CAREER OR NONCAREER POSITIONS, IS SUFFICIENT SO LONG AS THE OFFICERS REMAIN IN THE SAME STATUS, I.E., CAREER OR NONCAREER; ALTHOUGH PROMOTED FROM TIME TO TIME AS CAREER OFFICERS OR SERVING AS NONCAREER OFFICERS AT VARIOUS POSTS.

CAREER OFFICERS AND NONCAREER VICE CONSULS ARE FREQUENTLY TRANSFERREDAS RELIEF OFFICERS FROM ONE POST TO ANOTHER FOR BRIEF PERIODS OF FROM ONE TO TWO, THREE, OR FOUR MONTHS, AND THE GENERAL ACCOUNTING OFFICE RECEIPTS FOR THE AFFIDAVITS MENTIONED IN MANY INSTANCES COULD NOT POSSIBLY REACH THEM FOR MONTHS. THESE OFFICERS ARE BONDED AND OFTEN PAY THEIR OWN SALARIES FROM FEES ON HAND OR BY DRAWING ON THE SECRETARY OF STATE THEREFOR. WOULD WORK UNTOLD HARDSHIP UPON SUCH OFFICERS AND BE EXTREMELY UNFAIR TO THEM, IF THEY SHOULD BE REQUIRED TO GO FOR MANY MONTHS WITHOUT COMPENSATION BECAUSE OF THE NONRECEIPT OF THE GENERAL ACCOUNTING OFFICE RECEIPTS.

ALL APPOINTMENTS OF FOREIGN SERVICE OFFICERS OF CAREER ARE BY COMMISSION TO A PARTICULAR CLASS AND NOT BY COMMISSION TO A PARTICULAR POST, AND SUCH OFFICERS ARE ASSIGNED TO POSTS AND MAY BE TRANSFERRED FROM ONE POST TO ANOTHER BY ORDER OF THE PRESIDENT. SECTION 5, ACT OF MAY 24, 1924, 43 STAT. 141. THEY ARE ALSO REQUIRED TO EXECUTE AN OATH OF OFFICE UNDER SECTION 1757, REVISED STATUTES, AND TO FURNISH A NEW BOND ON EACH PROMOTION. PARAGRAPH 13 OF CONSULAR REGULATIONS. THE AFFIDAVIT REQUIRED BY THE ACT OF DECEMBER 11, 1926, 44 STAT. 918, MUST THEREFORE BE EXECUTED WHEN ORIGINALLY APPOINTED TO A PARTICULAR CLASS AND UPON EACH PROMOTION BY APPOINTMENT TO A NEW CLASS. AS THE TRANSFER BETWEEN POSTS DOES NOT INVOLVE OR REQUIRE A NEW APPOINTMENT, SUCH AFFIDAVITS ARE NOT REQUIRED UPON TRANSFERS OF CAREER OFFICERS.

VICE CONSULS NOT OF CAREER ARE APPOINTED BY THE SECRETARY OF STATE FOR DUTY AT A PARTICULAR POST AND ARE REQUIRED TO FILE A NEW BOND WITH EACH APPOINTMENT TO A NEW POST. PARAGRAPH 14 OF THE CONSULAR REGULATIONS. IS NECESSARY, THEREFORE, FOR SUCH OFFICERS, UPON EACH PERMANENT APPOINTMENT TO A NEW POST, TO FILE THE AFFIDAVIT REQUIRED BY THE ACT OF DECEMBER 11, 1926. SUCH AFFIDAVIT WOULD NOT, HOWEVER, BE NECESSARY WHERE NONCAREER OFFICERS ARE TRANSFERRED TO A POST FOR TEMPORARY RELIEF DUTY ONLY.