[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR172.2]

[Page 699-700]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
  PART 172--SERVICE OF PROCESS; PRODUCTION OR DISCLOSURE OF OFFICIAL INFORMATION IN RESPONSE TO COURT ORDERS, SUBPOENAS, NOTICES OF DEPOSITIONS, REQUESTS FOR 
 
Sec. 172.2  Service of summonses and complaints.

    (a) Only the Executive Office of the Office of the Legal Adviser (L/
EX) is authorized to receive and accept summonses or complaints sought 
to be served upon the Department or Department employees. All such 
documents should be delivered or addressed to The Executive Office, 
Office of the Legal Adviser, room 5519, United States Department of 
State, 2201 C Street, NW., Washington, DC 20520-6310.
    (b) In the event any summons or complaint described in Sec. 172.1(a) 
is delivered to an employee of the Department other than in the manner 
specified in this part, such attempted service shall be ineffective, and 
the recipient thereof shall either decline to accept the proffered 
service or return such document under cover of a written communication 
which directs the person attempting to make service to the procedures 
set forth herein.
    (c) Except as otherwise provided Secs. 172.2(d) and 173.3(c), the 
Department is not an authorized agent for service of process with 
respect to civil litigation against Department employees purely in their 
personal, non-official capacity. Copies of summonses or complaints 
directed to Department employees in connection with legal proceedings 
arising out of the performance

[[Page 700]]

of official duties may, however, be served upon L/EX.
    (d) Although the Department is not an agent for the service of 
process upon its employees with respect to purely personal, non-official 
litigation, the Department recognizes that its employees stationed 
overseas should not use their official positions to evade their personal 
obligations and will, therefore, counsel and encourage Department 
employees to accept service of process in appropriate cases, and will 
waive applicable diplomatic or consular privileges and immunities when 
the Department determines that it is in the interest of the United 
States to do so.
    (e) Documents for which L/EX accepts service in official capacity 
only shall be stamped ``Service Accepted in Official Capacity Only''. 
Acceptance of service shall not constitute an admission or waiver with 
respect to jurisdiction, propriety of service, improper venue, or any 
other defense in law or equity available under the laws of rules 
applicable for the service of process.