[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR92.70]

[Page 393-394]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 92_NOTARIAL AND RELATED SERVICES--Table of Contents
 
Sec. 92.70  Special fees for depositions in connection with foreign 
documents.

    (a) Fees payable to witnesses. Each witness whose testimony is 
obtained under a commission to take testimony in connection wtih foreign 
documents for use in criminal cases shall be entitled to receive 
compensation at the rate of $15 a day for each day of attendance, plus 8 
cents a mile for going from his place of residence or business to the 
place of examination, and returning, by the shortest feasible route (18 
U.S.C. 3495 and 3496, and E.O. 10307, 3 CFR, 1949-1953 Comp.). When, 
however it is necessary to procure the attendance of a witness on behalf 
of the United States or an indigent party, an officer or agent of the 
United States may negotiate with the witness to pay compensation at such 
higher rate as may be approved by the Attorney General, plus the mileage 
allowance stated above (5 U.S.C. 341). The expense of the compensation 
and mileage of each witness will be borne by the party, or parties, 
applying for the commission unless the commission is accompanied by an 
order of court (18 U.S.C. 3495(b) that all fees, compensations, and 
other expenses authorized by these regulations are chargeable to the 
United States (18 U.S.C. 3495).
    (b) Fee payable to counsel. Each counsel who represents a party to 
the action or proceeding in the examination before the commissioner will 
receive compensation for each day of attendance at a rate of not less 
than $15 a day and not more than $50 a day, as agreed between him and 
the party whom he

[[Page 394]]

represents, plus such actual and necessary expenses as may be allowed by 
the commissioner upon verified statements filed with him. If the 
commission is issued on application of the United States, the 
compensation and expenses of counsel representing each party are 
chargeable to the United States under section 3495(b) of title 18 of the 
United States Code (18 U.S.C. 3495 and 3496, and E.O. 10307, 3 CFR, 
1949-1953 Comp.).
    (c) Fees payable to interpreters and translators. Each interpreter 
and translator employed by the commissioner under these regulations 
shall receive an allowance of $10 a day, plus 8 cents a mile for going 
from his place of residence or business to the place of examination and 
returning, by the shortest feasible route. The compensation and mileage 
of interpreters and translators shall be chargeable to the United 
States.
    (d) Time for paying fees. Witnesses, counsel, interpreters, and 
translators will be paid, in accordance with the foregoing regulations, 
by the commissioner at the conclusion of their services. Other expenses 
authorized by these regulations will be paid by the commissioner as they 
are incurred.
    (e) Payment of fees by the United States. When it appears that the 
commission was issued on application of the United States or when the 
commission is accompanied by an order of court that all fees, 
compensation, and other expenses authorized by these regulations are 
chargeable to the United States under section 3495(b) of title 18 of the 
United States Code, the commissioner shall execute the commission 
without charge for his service as commissioner in connection therewith. 
The Commissioner shall pay witnesses, counsel, interpreter, or 
translator, and other expenses authorized by these regulations through 
the disbursing officer in his area in accordance with instructions which 
will be issued in each case.
    (f) Payment of fees by other parties. When fees, compensation, and 
other expenses authorized by this section are chargeable to any party 
other than the United States, the commissioner shall undertake the 
execution of the commission only if such party deposits with the 
Department of State or with the appropriate Foreign Service post, in 
advance, an amount to be set by the court as apparently adequate to 
defray all fees, compensation, and other expenses authorized by this 
part. If the amount of the deposit is later found to be insufficient, 
the depositor shall be so notified, and the commissioner shall retain 
the commission and other papers until a sufficient supplemental amount 
has been deposited. If the amount of the deposit exceeds the aggregate 
amount of fees, compensation, and other expenses authorized by this 
part, the excess shall be returned to the party, or parties, entitled 
thereto. The commissioner shall pay witnesses, counsel, interpreter, or 
translator, and other expenses authorized by this section, from the 
proceeds of a check which the disbursing officer for his area will be 
authorized to draw on the Treasurer of the United States.