S.I. No. 344/1982 - Diplomatic and Consular Fees Regulations, 1982.


S.I. No. 344 of 1982.

DIPLOMATIC AND CONSULAR FEES REGULATIONS, 1982.

I, GERARD COLLINS, Minister for Foreign Affairs, in the exercise of the powers conferred on me by section 3 of the Commissioners for Oaths (Diplomatic and Consular) Act, 1931 (No. 9 of 1931), and section 2 of the Diplomatic and Consular Fees Act, 1939 (No. 31 of 1939), as adapted by the External Affairs (alteration of Name of Department and Title of Minister) Order, 1971 ( S.I. No. 158 of 1971 ), hereby, with the consent of the Minister for Finance, make the following Regulations:

1. These Regulations may be cited as the Diplomatic and Consular Fees Regulations, 1982.

2. These Regulations shall come into operation on the 1st day of January, 1983.

3. The Interpretation Act, 1937 (No. 38 of 1937), applies to these Regulations.

4. In these Regulations—

"the Act of 1931" means the Commissioners for Oaths (Diplomatic and Consular) Act, 1931 (No. 9 of 1931);

"the Act of 1939" means the Diplomatic and Consular Fees Act, 1939 (No. 31 of 1939);

"the Minister" means the Minister for Foreign Affairs;

"passport" includes any travel document or document of identity (not being a passport) issued, for the purpose of facilitating travel, by or on behalf of the competent authorities of any country;

"Irish visa" means either an endorsement made on a passport other than an Irish passport or a letter in lieu of a non-Irish passport endorsement, where the endorsement is made or the letter issued by any person to whom the Act of 1939 applies, for the purpose of indicating that such passport, or such letter together with the holder's passport, is good for the entry into the State of the holder thereof;

"foreign visa" means an endorsement made on an Irish passport by or on behalf of the competent authorities of any other country for the purpose of indicating that such passport is good for the entry into that country of the holder thereof.

5. The fees to be charged in respect of the matters specified in the second column of the First Schedule to these Regulations by the persons to whom section 2 of the Act of 1931 applies shall be charged in accordance with the scale contained in the third column of that Schedule.

6. For every service specified in the second column of the Second Schedule to these Regulations, there shall be charged the fee set out in the third column of that Schedule when such service is rendered—

( a ) in the case of the fees specified at reference numbers 1 to 14 in that Schedule — by any person to whom the Act of 1939 applies,

( b ) in the case of the fees specified at reference numbers 15 to 19 in that Schedule — by any officer of the Minister appointed by the Minister to be a person to whom the Act of 1939 applies, and

( c ) in the case of the fee specified at reference number 20 in that Schedule — by any diplomatic or consular officer to whom the Act of 1939 applies.

7. Notwithstanding the fees for Irish visas specified in the Second Schedule to these Regulations, whenever the Minister is satisfied that Irish citizens are charged either substantially more or substantially less for a foreign visa of any kind than the fee specified in the Second Schedule to these Regulations for the service of granting an Irish visa of the same or a similar kind, the Minister shall direct that the fee to be charged for the service of granting such an Irish visa to citizens, subjects or nationals of the particular country concerned shall be such sum in Irish currency, or its equivalent in another currency, subject to a minimum of fifty new pence, as the Minister may determine to be the equivalent of the amount of the fee charged for the foreign visa.

8. The fees to be charged in respect of the matters specified in the second column of the First Schedule to these Regulations, by the persons to whom section 2 of the Act of 1931 applies, shall be paid in Irish currency or shall be paid in money which is legal tender in the country in which they are paid and, if so paid, shall be calculated at a rate not lower that the rate of exchange yielded by the most recent transfer of funds for general administrative purposes from the Office of the Minister to the offices outside the State of such persons, or, in any case where such transfer of funds is not ordinarily made, shall be calculated on the basis of current exchange rates.

9. The Minister may waive any fee chargeable pursuant to Regulation 6 of these Regulations in any of the following circumstances:

( a ) where the service for which the fee is chargeable is rendered for, and at the request of, any official or public authority;

( b ) where the service for which the fee is chargeable is rendered for, or on behalf of, a person who is in straitened circumstances or the levying of the fee would for other reasons constitute a serious hardship;

( c ) where the service in respect of which the fee is chargeable is performed for official purposes or for reasons of public policy;

( d ) in the case of Irish visas, where the service for which the fee is chargeable is rendered for a citizen, subject or national of any other country the Government of which waives the fee or does not charge a fee for the same or a similar service when rendered for an Irish citizen.

10. The following Regulations are hereby revoked:

( a ) Diplomatic and Consular Fees Regulations, 1956 ( S.I. No. 263 of 1956 );

( b ) Diplomatic and Consular Fees (Amendment) Regulations, 1975 ( S.I. No. 268 of 1975 );

( c ) Diplomatic and Consular Fees (Amendment) Regulations, 1980 ( S.I. No. 95 of 1980 );

( d ) Diplomatic and Consular Fees (Amendment) Regulations, 1981 ( S.I. No. 260 of 1981 ); and

( e ) Diplomatic and Consular Fees (Amendment) Regulations, 1982 ( S.I. No. 6 of 1982 ).

FIRST SCHEDULE

MISCELLANEOUS CONSULAR SERVICES

Ref. No.

Service Rendered

Fee

£

1.

For noting a Marine Protest and furnishing one certified copy if required

12.00

2.

For every other copy

6.00

3.

For extending Marine Protest, if not exceeding 200 words, filing original, and furnishing one certified copy if required. This is to be exclusive of fee for Oaths or Declarations(see No. 15) or for drawing if required the body of the Protest (see No. 40)

36.00

4.

For any other protest (except Bill of Exchange (see No. 14)) if not exceeding 200 words, filing original, and furnishing one certified copy if required. This is to be exclusive of fee for drawing, if required, the body of the Protest (see No. 40)

36.00

5.

If the protest exceeds 200 words, for every additional 100 words or fraction thereof

6.00

6.

For attesting average, bottomry or arbitration bond, each copy

12.00

7.

Endorsement by Diplomatic of Consular Officer of Ship's bill of health issued by Sanitary Authority

13.00

8.

Certificate of Origin, and/or of interest in, or of cost of production of goods and filing copy:—

For consignments not exceeding £20 in value

6.00

For consignments exceeding £20 in value

12.00

9.

Certificate of due landing of goods exported from an Irish port

12.00

10.

For affixing Diplomatic or Consular signature, and seal if required, to a Ship's manifest

12.00

11.

For granting any certificate not otherwise provided for, if not exceeding 100 words, exclusive of fee for drawing (No. 40). This does not apply to certificates of nationality under Section 28 of the Irish Nationality and Citizenship Act, 1956 , which will be issued free of charge

12.00

12.

If exceeding 100 words, for every additional 100 words or fraction thereof

6.00

13.

For noting a Bill of Exchange

6.00

14.

For protest of a Bill of Exchange and copy

22.00

15.

For administering an Oath or receiving a Declaration or Affirmation, with or without attestation of signature

6.00

16.

For receiving a Declaration claiming exemption from or refund of Income Tax on shares, etc.

3.00

17.

For each Diplomatic or Consular signature attached to an exhibit referred to in an Affidavit or Declaration

3.00

18.

For each alteration or interlineation initialled by a Diplomatic or Consular Officer in any document not prepared by him

2.00

19.

For each signature to a transfer of shares or stock attested by a Diplomatic or Consular Officer

6.00

20.

For each signature to a transfer or shares or stock attested by a Diplomatic or Consular Officer when executed in the presence of one or more witnesses besides the Diplomatic or Consular Officer

9.00

21.

For each execution of a power of attorney attested by a Diplomatic or Consular Officer

9.00

N.B—When more than four persons execute a power at the same time a fee of £36 only is to be charged.

22.

For attesting the execution of a Will

12.00

23.

For each execution of a Deed, Bond or Conveyance under seal, attested by a Diplomatic or Consular Officer, where the value of the property does not exceed £10

3.00

Ditto, exceeds £10

9.00

N.B.—When more than four persons execute an Instrument at the same time, the fee must not be more than four times£3.00 or £9.00 as the case may be.

24.

For each signature to an application for a Patent attested by a Diplomatic or Consular Officer

12.00

25.

For attaching Diplomatic or Consular signature, and seal it required, to quarterly or monthly declarations for Government pay, half-pay or pension

2.00

26.

For attaching Diplomatic or Consular signature to any other Declaration of Existence

3.00

27.

Ditto, if drawn up by a Diplomatic or Consular Officer

6.00

28.

For Certificate of a person's identity

9.00

29.

For attesting the signature or seal of a foreign authority

9.00

30.

For each signature attested by a Diplomatic or Consular Officer in any document not otherwise provided for

9.00

31.

For certifying to a copy of any document or part of a document if not exceeding 100 words

6.00

32.

If exceeding 100 words, for every additional 100 words or fraction thereof

3.00

N.B.—if the document is in any language other than Irish or English, double the above fees (31 and 32) to be charged.

An additional fee is to be charged when the copy is made by the Diplomatic or Consular Officer (see No. 43)

33.

For uniting documents and attaching Diplomatic or Consular seal to the fastening

3.00

34.

For directing search for, or obtaining, from Public Record Office or elsewhere, extracts from Local Registers, or copies of Wills, Deeds or other matters, in addition to expenses incurred and any fees for attestation

9.00

35.

For affixing either a Diplomatic or Consular signature and/or seal, if required, to any commercial document connected with the export of merchandise from the State

1.00

36.

For affixing Diplomatic or Consular signature and/or seal, if required, to any document or object not otherwise provided for by these Regulations

9.00

37.

At the request of parties interested, or of local authorities, for the transaction, elsewhere than at the Diplomatic or Consular Office, or any duty for which a fee is leviable, under these Regulations, in addition to such fee

16.00

for each hour or fraction thereof, with a maximum per day of £128.00

38.

At the request of parties interested for the transaction of any duty for which a fee is leviable under these Regulations, whether at the Diplomatic or Consular Office or at the Diplomatic or Consular Officer's residence, in addition to such fee, for each half-hour, or fraction thereof, if in the daytime—that is to say, between the hours of 6 a.m. and 9 p.m.—but not during the customary business hours of the place

9.00

N.B.—This fee is leviable for any attendance on Sundays.

39.

For the transaction of any duty for which a fee is leviable under these Regulations, whether at the Diplomatic of Consular Office or at the Diplomatic or Consular Officer's residence, in addition to such fee, for each half-hour, or fraction thereof, if in the nighttime — that is to say, between the hours of 9 p.m. and 6 a.m.

16.00

40.

For drawing a Declaration or other document, or for taking down in writing verbal declarations or depositions of persons made before a Diplomatic or Consular Officer, or for reducing into writing agreements made before him by contracting parties, exclusive of fees for attestation, etc. if not exceeding 50 words

6.00

41.

If exceeding that number, for each subsequent 50 words, or fraction thereof

3.00

42.

For assisting in drawing up petitions, applications or other documents not specified each

9.00

43.

For making or verifying a copy of a document, if not exceeding 100 words, exclusive of fee for certificate (see No. 31)

3.00

44.

If exceeding that number, for every subsequent 100 words, or fraction thereof

3.00

N.B.—If the document is in any language other than Irish or English, double the above fees (40 to 44) to be charged.

45.

For making or verifying a translation of a document, for every 100 words, or fraction thereof, exclusive of fee for certificate

9.00

46.

In cases where one or more attesting witnesses, besides a Diplomatic or Consular Officer, are required, for each witness supplied by him at the request of the parties interested

4.00

SECOND SCHEDULE

PART I

TRAVEL DOCUMENTS AND DOCUMENTS OF IDENTITY

Ref. No.

Service Rendered

Fee

£

1.

For the issue of a passport of 32 pages

17.00

2.

For the issue of a passport of 94 pages

34.00

3.

For the renewal of a passport

3.00

for each year of renewal

4.

For the endorsement of a passport subsequent to its issue:

( a ) with the name of a wife

3.00

( b ) with the name or names of a child or children

3.00

( c ) with the name or names of any country or countries for which the passport is valid

3.00

( d ) with any other entry

3.00

5.

For the issue of a new passport for the unexpired period of validity of an old passport

3.00

6.

For the issue of an emergency travel document

9.00

7.

For affixing the finger prints of a merchant seaman to a seaman's identity card and for endorsing same

6.00

PART II

VISAS

Ref. No.

Services Rendered

Fee

£

8.

For the grant of an Irish visa good for a single journey in transit through the State

0.50

9.

For the grant of any other Irish visa

3.00

PART III

ESTATE MATTERS, ATTESTATIONS, CERTIFICATES, ETC.

Ref. No.

Service Rendered

Fee

£

10.

For acting on behalf of, or protecting the interests of, any Irish claimant to the estate of a deceased person situate abroad

5%* or if legal assistance has to be engaged 2½%*of the net amount or value of any devise, bequest or distributive share recovered.

11.

For acting on behalf of, or protecting the interests of, any Irish claimant to property situate abroad

5% * or if legal assistance has to be engaged 2½%* of the net amount or value of the property recovered.

12.

Arranging the repartriation of a person

10.00

13.

Arranging the repatriation of a group of persons of the same family travelling together

10.00

14.

Arranging the collection of funds for a person destitute outside the State seeking financial assistance to return home and the payment outside the State to or on behalf of such person of the equivalent of funds collected in the currency of the country or countries concerned

10.00

15.

For attesting a signature or seal on any commercial document connected with the export of merchandise from the State

1.00

16.

For attesting a signature or seal on any document not otherwise provided for

3.00

17.

For granting any certificate for use in the prosecution of a claim to property

4.00

If not exceeding 100 words, and £3.00 for every additional 100 words or fraction thereof.

18.

For granting any certificate in connection with a marriage abroad

4.00

19.

For granting any other certificate

4.00

If not exceeding 100 words, and £3.00 for every additional 100 words or fraction thereof.

20.

For taking evidence on commission

16.00

For each hour or fraction thereof, with a maximum per day of £128.00.

*Inclusive of communications expenditure.

GIVEN under my Official Seal this 1st day of December, 1982.

GERARD COLLINS.

The Minister for Finance hereby consents to the making of the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Finance, this 1st

day of December, 1982.

RAY MACSHARRY.

EXPLANATORY NOTE.

The foregoing Regulations are a consolidation of all Regulations current under the Commissioners for Oaths (Diplomatic and Consular) Act, 1931 (No. 9 of 1931) and the Diplomatic and Consular Fees Act, 1939 (No. 31 of 1939) and such current Regulations are revoked by these Regulations. Provision is made also for certain fee increases and for the charging of fees for certain services.