8 CFR Part 1287 — Field Officers; Powers and Duties

PART 1287—FIELD OFFICERS; POWERS AND DUTIES Authority: 8 U.S.C. 1103, 1182, 1225, 1226, 1251, 1252, 1357. Source: Duplicated from part 287 at 68 FR 9845, Feb. 28, 2003. Editorial Note: Nomenclature changes to part 1287 appear at 68 FR 9846, Feb. 28, 2003. § 1287.4 Subpoena. (a) Who may issue—(1) Criminal or civil investigations. see (2) Proceedings other than naturalization proceedings—(i) Prior to commencement of proceedings. see (ii) Subsequent to commencement of any proceeding. (B) Application for subpoena. (C) Issuance of subpoena. (D) Appearance of witness. (b) Form of subpoena. (1) Criminal or civil investigations. (2) Proceedings other than naturalization proceedings. (c) Service. see (d) Invoking aid of court. [50 FR 30134, July 24, 1985; 50 FR 47205, Nov. 15, 1985, as amended at 60 FR 56937, Nov. 13, 1995; 62 FR 10390, Mar. 6, 1997; 67 FR 39260, June 7, 2002; 69 FR 44907, July 28, 2004] § 1287.6 Proof of official records. (a) Domestic. (b) Foreign: Countries not Signatories to Convention. (2) The attested copy, with the additional foreign certificates if any, must be certified by an officer in the Foreign Service of the United States, stationed in the foreign country where the record is kept. This officer must certify the genuineness of the signature and the official position either of (i) the attesting officer; or (ii) any foreign officer whose certification of genuineness of signature and official position relates directly to the attestation or is in a chain of certificates of genuineness of signature and official position relating to the attestation. (c) Foreign: Countries Signatory to Convention Abolishing the Requirement of Legislation for Foreign Public Document. (2) No certification is needed from an officer in the Foreign Service of public documents. (3) In accordance with the Convention, the following are deemed to be public documents: (i) Documents emanating from an authority or an official connected with the courts of tribunals of the state, including those emanating from a public prosecutor, a clerk of a court or a process server; (ii) Administrative documents; (iii) Notarial acts; and (iv) Official certificates which are placed on documents signed by persons in their private capacity, such as official certificates recording the registration of a document or the fact that it was in existence on a certain date, and official and notarial authentication of signatures. (4) In accordance with the Convention, the following are deemed not to be public documents, and thus are subject to the more stringent requirements of § 1287.6(b) above: (i) Documents executed by diplomatic or consular agents; and (ii) Administrative documents dealing directly with commercial or customs operations. (d) Canada. [50 FR 37834, Sept. 18, 1985, as amended at 54 FR 39337, Sept. 26, 1989; 54 FR 48851, Nov. 28, 1989]

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