United States. Department of State

<p>The Department of State advises the President and leads the Nation in foreign policy issues to advance freedom and democracy for the American people and the international community. To this end, the Department compiles research on American overseas interests, disseminates information on foreign policy to the public, negotiates treaties and agreements with foreign nations, and represents the United States in the United Nations and other international organizations and conferences.</p>
<p>The Department of State was established by act of July 27, 1789, as the Department of Foreign Affairs and was renamed Department of State by act of September 15, 1789 (22 U.S.C. 2651 note).</p>

<p>The Department of Foreign Affairs was established by an act of July 27, 1789 (1 Stat. 28) and redesignated the Department of State by an act of September 15, 1789 (1 Stat. 68). It was the agency of the United States created by law to assist the President in the formulation and execution of the Nation's foreign policy, and in the conduct of foreign affairs and of certain domestic affairs.</p>
<p>The Department made plans for peace and security among all nations, participated in the United Nations and other international organizations, and furthered international understanding through the dissemination of information and through the development of cultural relations with all peoples. It conducted diplomatic correspondence; negotiated treaties and other international agreements; and participated in international conferences, congresses, expositions, and other similar activities. The Department had jurisdiction over the settlement of international claims and the arbitration of international disputes to which the United States was a party. It coordinated the foreign relations activities of all Federal agencies. It administered the laws for passport and visa control and assisted the National Intelligence Authority in the collection of information. The Department administered the Foreign Service of the United States and preserved the Great Seal of the United States. It formerly published the laws of the United States, maintained custody of Federal records, and administered the Territories.</p>

<p>Creation and Authority.-A Department of Foreign Affairs was created by an act of Congress approved July 27, 1789, the first executive department to be established (1 Stat. 28). By this act the Department was charged with the performance and execution of such duties relating to foreign affairs as should be "enjoined on or entrusted to" it by the President of the United States.</p>
<p>The name of the Department was changed to "Department of State" and its activities extended to include some of a purely domestic nature by an act approved September 15, 1789, "to provide for the safe-keeping of the Acts, Records and Seal of the United States, and for other purposes" (1 Stat. 68). Since 1789 many statutes affecting the Department have been enacted but its primary functions have remained unaltered.</p>
<p>Purpose.-The functions of the Department of State relate chiefly to the foreign affairs of the United States. Under the direction of the President, the Department conducts the correspondence with the diplomatic and consular representatives of the United States and with the representatives of foreign powers accredited to the United States, and negotiations of whatever character relating to the foreign affairs of the United States (U. S. C. Title 5, Section 156).</p>
<p>The domestic functions of the Department of State are herein after set forth.</p>
<p>Organization.-The work of the Department is directed by the Secretary of State, highest ranking Cabinet member. His chief aides are the Under Secretary of State, four Assistant Secretaries, a Legal Adviser, and two special assistants. Six regional divisions have general charge, under the Secretaries, of diplomatic, consular, political, and economic relations with specific foreign powers. Technical and other matters are handled by several specialized divisions and offices.</p>
<p>The Department of State maintains immediate and intimate contact with the various foreign powers through fifty-seven diplomatic offices and two hundred ninety-three consular offices throughout the world with more than thirty-six hundred employees who comprise the Foreign Service of the United States. At Washington the Department of State has approximately seven hundred employees.</p>
<p>The Secretary of State is not required by law to make an annual report to Congress. The President himself communicates to Congress information regarding the state of the Union and its foreign relations.</p>
<p>The principal divisions and offices of the Department, the general nature of each of which is indicated by its name, are as follows:</p>
<p>Office of the Legal Adviser</p>
<p>Office of the Chief Clerk and Administrative Assistant</p>
<p>Board of Appeals and Review</p>
<p>Board of Examiners for the Foreign Service</p>
<p>Board of Foreign Service Personnel</p>
<p>Division of Foreign Service Personnel</p>
<p>Foreign Service Officers' Training School</p>
<p>Division of Far Eastern Affairs</p>
<p>Division of Latin American Affairs</p>
<p>Division of Western European Affairs</p>
<p>Division of Near Eastern Affairs</p>
<p>Division of Mexican Affairs</p>
<p>Division of Eastern European Affairs</p>
<p>Office of the Economic Adviser</p>
<p>Passport Division</p>
<p>Office of the Historical Adviser</p>
<p>Division of Research and Publication</p>
<p>Division of Current Information</p>
<p>Division of Foreign Service Administration</p>
<p>Division of Protocol and Conferences</p>
<p>Treaty Division</p>
<p>Division of Communications and Records</p>
<p>Visa Division</p>
<p>Bureau of Accounts</p>
<p>Translating Bureau</p>
<p>Office of Coordination and Review</p>
<p>Foreign Service Buildings Office</p>
<p>Consular Commercial Office</p>
<p>Division of Trade Agreements</p>
<p>*Office of Arms and Munitions Control*</p>
<p>ACTIVITIES</p>
<p>Drafting and Negotiation of Treaties.-Under the direction of the President, the Department of State drafts, negotiates, and interprets treaties and other international agreements with foreign countries.</p>
<p>Ratification of Treaties.-It submits treaties to the President after they are negotiated, so that they may receive the consideration of the Senate, advice and consent of which is essential before a treaty may be ratified.</p>
<p>Enforcement of Treaties and other International Obligations.-The Department deals with many other formalities in relation to treaties and assists in the enforcement of treaties which are in effect, and in the fulfillment of the other international obligations of the United States.</p>
<p>Foreign Service of the United States.-The Foreign Service of the United States forms the field force through which the Department of State establishes and maintains the necessary contacts with foreign governments. The Foreign Service, which includes all ambassadors and ministers, counselors of embassy or legation, diplomatic secretaries, consuls general, consuls, vice consuls, and subordinate personnel, deals with every political, commercial, administrative or social problem that enters into the relations of the United States with foreign countries. The officers of the Foreign Service carry on negotiations in conformity with instructions from the Department, report on political and economic conditions and trends of significance to the United States, and strive to create good will and common understanding for enhancing international confidence and cooperation among governments and peoples.</p>
<p>Foreign Service Administration.-The Department supervises and administers the work of the Foreign Service and holds examinations for entrance into the Foreign Service. It has supervision of matters relating to the housing of diplomatic and consular establishments abroad and the protection and maintenance of properties owned or to be acquired by the United States for such purposes.</p>
<p>Foreign Service Officers' Training School.-The Department maintains a Foreign Service Officers' Training School for the instruction of new appointees to the Foreign Service. Only those persons who have successfully passed the examination for the position of Foreign Service officer are admitted to the School. Instructors for the School are selected from the Department of State and other executive departments.</p>
<p>Protection of American Citizens and American Interests Abroad.-Through the Foreign Service, the Department protects American citizens in foreign countries, American shipping and seamen, and American interests in general.</p>
<p>Protection of Aliens in the United States.-The Department aids in the protection of personal and private rights of aliens in the United States.</p>
<p>Eligibility for Passports and Registration in American Consulates.-The Department determines the eligibility of persons to receive American passports or to be registered in the consulates of the United States. This involves the determination of questions relating to the acquisition and loss of American nationality, dual nationality, and the right of a person to receive the protection of the United States while abroad; supervision of the passport work performed by Foreign Service officers, by the Executive officers of Hawaii, the Philippine Islands, American Samoa, Guam, Puerto Rico, and the Virgin Islands, by the passport agencies in the United States, and by about 3,800 clerks of courts in the United States authorized to execute applications for passports; the determination of the international aspects of each request for the intervention of the United States on behalf of an American citizen or national in connection with the impressment of such person into the military service of a foreign country, and formulation of policies and safeguards with a view to the prevention of the fraudulent procurement of American passports.</p>
<p>Issuance of Passports.-The Department issues passports to citizens of the United States and to persons who owe permanent allegiance to the United States.</p>
<p>Claims of American Citizens against Foreign Governments.-The Department considers and passes upon claims of American citizens against foreign governments and endeavors to collect such claims as it regards as valid, either by diplomatic means or by presentation to international arbitral tribunals.</p>
<p>Consideration of Foreign Claims.-It handles claims of foreigners against the Government of the United States, recommends to Congress the payment of such claims as it regards as valid, and prepares the defense of the United States in cases presented to international arbitral tribunals.</p>
<p>Administration of Immigration Laws and Issuance of Visas.-Through the Visa Division, the immigration laws of the United States are administered insofar as they affect the Department of State and its officers abroad in their function of controlling abroad the entry of aliens into the United States. This includes the interpretation of immigration laws and regulations for the guidance of consular officers, the maintenance of uniform examination standards at American consular offices, the determination of nonquota or preference status for certain alien relatives of American citizens as provided in the Immigration Act of 1924, the granting of waivers of crew-list visas, and the issuance of diplomatic visas to foreign diplomatic and consular officers in the United States. Liaison is maintained with Congressional immigration committees and other Government agencies engaged in similar work, negotiations are conducted with foreign governments relative to reciprocal agreements for the abolition or reduction of visa fees, and fraud in connection with the procurement of foreign visas is investigated.</p>
<p>International Conferences.-The Department determines, in cooperation with other departments of the Government and interested persons and organizations, the extent and character of the participation of the United States in international conferences, congresses, expositions, and conventions, both at home and abroad, and makes the arrangements for such participation.</p>
<p>Reception of Foreign Diplomatic Officers.-The Department of State determines whether foreign diplomatic officers are to be received by the United States.</p>
<p>Issuance of Exequaturs.-Exequaturs to foreign consuls in the United States are issued through the Department of State.</p>
<p>Rights and Privileges of Foreign Representatives.-The Department deals with questions concerning the rights and privileges of foreign diplomatic and consular officers in the United States.</p>
<p>Extradition Procedure.-The Department is the medium through which the extradition of fugitives from justice is effected between the United States and other countries.</p>
<p>Ceremonials and Entertainment of Foreign Dignitaries.-The Department arranges all ceremonials of a national or international character participated in by the United States, and provides for the entertainment and protection of distinguished foreign visitors.</p>
<p>Recognition of States, Governments, and Belligerency.-The Department aids in deciding whether the United States shall recognize new states or new governments, and in determining the status of belligerency.</p>
<p>Translation of Documents.-The Department translates communications in foreign languages referred by the White House, diplomatic notes, treaty texts, proceedings at international conferences, and other documents requiring translation. It also operates a coordinating service for the translation of documents for all departments and agencies of the Government.</p>
<p>Ascertainment of Presidential Electors and of Their Votes.-The Secretary of State receives from the chief executives of the several States of the United States certificates of the ascertainment of the electors for President and Vice President, and transmits copies of such certificates to Congress. He also receives from the electors certificates of the votes cast by them, holding one copy of such certificates subject to the order of the President of the Senate.</p>
<p>Amendments to the Constitution of the United States.-The Secretary of State communicates to the chief executives of the several States of the United States certified copies of joint resolutions of Congress proposing amendments to the Constitution. He also receives from the chief executives or other State officials the authenticated records of action on the proposed amendments by the State Legislatures or by conventions in the States, as the case may be. Upon receipt of official notice of adoption of a proposed amendment to the Constitution by the requisite three-fourths of the States, the Secretary of State issues his certificate under the seal of the Department of State specifying the States by which the amendment has been adopted, and that the same has become valid, to all intents and purposes, as a part of the Constitution of the United States.</p>
<p>The Seal of the United States.-The Department of State has custody of the seal of the United States and, after countersignature by the Secretary of State, affixes it to various commissions and, upon the written authorization of the President, to all ratifications of treaties and to all Executive proclamations, and to certain warrants of extradition and ceremonial letters.</p>
<p>Authentication of Documents.-The Department authenticates, by attaching a certificate bearing the seal of the Department of State, documents of various kinds bearing the seals of the executive departments and independent agencies of the Federal Government, the several State governments, foreign embassies and legations in the United States, and others, intended for use, generally by private individuals or firms, both in the United States and abroad.</p>
<p>Custody of Documents.-The Department of State has custody of the originals of all acts and resolutions of Congress, Executive orders, proclamations, and amendments to the Constitution of the United States, and of all treaties to which the United States is a party.</p>
<p>Publications-The Department of State publishes the acts and resolutions of Congress, Executive orders, proclamations, treaties and other international acts of the United States, and the volumes entitled "Foreign Relations of the United States" and "Territorial Papers of the United States." It also issues other publications, a list of which may be obtained from the Department.</p>
<p>*National Munitions Control Board.-Section 2 of the Joint Resolution of Congress approved by the President August 31, 1935 (Pub. Res. No. 67, 74th Cong.), created a National Munitions Control Board, consisting of the Secretaries of State, the Treasury, War, the Navy, and Commerce. The Secretary of State, as Chairman of the Board, administers the provisions of Section 2 through an office in the Department of State known as the Office of Arms and Munitions Control, to which he has assigned the following duties.</p>
<p>1. Registration of manufacturers, exporters, importers of articles proclaimed by the President to be arms, ammunition and implements of war, the export or import of which without a license would be a violation of any law of the United States.</p>
<p>2. Issuance of licenses for the exportation or importation of arms, ammunition and implements of war under such regulations as may be promulgated by the Secretary of State.</p>
<p>3. Such supervision of international traffic in arms, ammunition and the implements of war as falls within the jurisdiction of the Secretary of State under treaties and statutes. The Chief of the Office is Executive Secretary of the National Munitions Control Board.*</p>
<p>Approved.</p>
<p>Cordell Hull, Secretary of State. (11–11–35)</p>