7 FAM 370
(Office of Origin: CA/OCS)
7 FAM 371 INTRODUCTION
a. This subchapter concerns loan assistance to destitute travelers and U.S. citizens residing abroad, including medical evacuations to the United States. This subchapter provides guidance on:
(1) Consular authority to issue repatriation loans of a certain amount without specific authorization from the Bureau of Consular Affairs, Directorate of Overseas Citizens Services, Office of American Citizens Services and Crisis Management (CA/OCS/ACS);
(2) Adjudication of eligibility for a repatriation loan;
(3) Documentary requirements for completion of the Form DS-3072, Repatriation/Emergency Medical and Dietary Assistance Loan Application;
(4) Prompt entry of the case into the American Citizens Services (ACS) system;
(5) Authority to expend funds;
(6) Passport actions and entry of lookout into the Consular Lookout and Support System (CLASS) via the Enterprise Case Assessment Service (ECAS);
(7) Disbursement or return of any approved funds;
(8) Repayment procedures by the recipient;
(9) Special procedures required to approve a second repatriation loan for an individual who has outstanding indebtedness; and
(10) Reporting and record keeping regarding repatriation loans.
b. Consular officers can assist destitute U.S. citizens/ nationals abroad by:
(1) Preparing information on sources of financial assistance (see 7 FAM 320 for guidance on the role of the consular officer in developing information and identifying local resources to assist in destitution cases);
(2) Contacting family, friends, and employers for assistance;
(3) Processing Overseas Citizens Services (OCS) trusts (see 7 FAM 324) provided by family, friends, employers, etc.; and
(4) Processing repatriation loans.
c. CA may at its discretion, but is not required to, provide a repatriation loan to an eligible U.S. citizen and/or accompanying family member(s).
d. Financial assistance under the repatriation loan program is on a reimbursable basis only. (See 7 FAM 378 for a discussion about loans for unaccompanied minors.)
e. Form DS-3072, Repatriation/Emergency Medical and Dietary Assistance Loan Application, must be completed for all cases. (See 7 FAM Sections 374.1 –374.3 (in general); 7 FAM 374.6 (minors); and 7 FAM 374.7 (incompetents)).
g. Privacy Act: An adult generally must provide a written Privacy Act waiver before a consular officer can contact any possible source of financial assistance, including the applicant’s immediate family. (See 7 FAM 062) A Privacy Act waiver generally is not necessary if the applicant is a minor and the point of contact is a parent or legal guardian (see 7 FAM 060 and 7 FAM 1720 if the minor does not want the parents notified or if there are considerations such as runaways, possible abuse or neglect, and other special children’s issues). Form DS-3072, Repatriation/Emergency Medical and Dietary Assistance Loan Application, includes a Privacy Act waiver.
NOTE: The Privacy Act Health or Safety Condition of Disclosure
The Privacy Act's "health or safety" condition of disclosure (also referred to as an "exception") allows disclosure of information about an individual without a Privacy Act Waiver (PAW) to another, pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual” (5 U.S.C. 552a(b)(8)).
Questions: Contact CA/OCS/L at ASK-OCS-L@state.gov.
h. Inter-agency coordination: Repatriation cases often require coordination with other federal and state agencies. They also tend to evolve from a straightforward destitute situation into more complex scenarios that require greater support and documentation. It is therefore imperative that posts alert CA/OCS/ACS to every case where such complexities are suspected as soon as possible. (See 7 FAM 390.)
i Expenses covered by repatriation loans: In addition to transportation expenses, the repatriation loan includes other expenses incidental to return of the individual, which may include, but are not limited to:
(1) Temporary food and lodging pending repatriation to the United States;
NOTE: At the discretion of the consular officer, the subsistence aspect of a repatriation loan may be provided in the form of a room and meals at a less-costly hostel or by direct disbursement to the applicant; subsistence funds cannot be used to pay for nonessentials such as tobacco or alcohol. Subsistence is defined as the minimum necessary for clean, simple lodging plus adequate food. The consular officer may designate the hotel or lodging and meal plan consistent with this definition.
(2) Related sundries;
What are sundries?
Your destitute U.S. citizen may have been the victim of a robbery and lost everything except the clothes on his/her back. The family could include small children in need of diapers, etc.
In these circumstances, sundries means vital hygiene/health related items such as toothbrush, toothpaste, shampoo, diapers, soap, razor, deodorant, feminine hygiene products, etc. which the destitute citizen may need to tide him/her over until the repatriation flight. (See 7 FAM 356 Problems Involving Prescription Medications, Lost or Stolen Medical Equipment.)
(3) Visa fees, airport departure fees, and/or immigration penalties required for departure, but not funds for an improper or illegal purpose, such as payment of bribes;
(4) Medical expenses necessary to stabilize the individual in preparation for return to the United States; (see 7 FAM 380 for guidance about the Emergency Medical and Dietary Assistance (EMDA) program, 7 FAM 350 regarding medical assistance, and 7 FAM 360 regarding medical evacuation);
(5) Reasonable and appropriate transportation costs for the repatriation recipient(s). Transportation expenditures are limited to the minimum cost to transport the applicant and accompanying dependents to the United States, and to travel within the United States to an airport beyond the port of entry, under the following limitations:
(a) Travel to and within the United States should be accomplished by the least expensive means available. This may include the applicant’s use of a foreign carrier airline, as authorized in the Comptroller General’s decision B-2-2410, dated September 29, 1981 (interpretation of the Fly America Act);
(b) It is not permissible to purchase a less expensive round-trip ticket for the repatriation recipient(s) and not use the return portion, rather than a one-way ticket. Repatriation funds can be used to purchase tickets to the United States, but not from the United States;
(c) It is not permissible to purchase tickets that have U.S. citizens transiting or stopping in a country that has an active Ordered or Authorized Departure in place, unless it is the only transit point available;
(d) A person being repatriated to the United States cannot be issued a Government Transportation Request (GTR). The tickets purchased must be:
(iv) Tickets should not be purchased at U.S. Government rate because the loan is for use by a private individual, not the U.S. Government;
(6) Reasonable authorized escorts' fees (see 7 FAM 374.4);
(7) Reasonable and appropriate transportation and per diem costs for escorts;
(8) Subsistence while traveling: Expenditure costs for subsistence while traveling are limited to the minimum amount required for subsistence while en route to the United States. The traveler will ordinarily require no funds for subsistence en route to the United States, unless some distance must be traveled to the point of embarkation or stopovers must be made where food and lodging would not be provided;
(9) Unauthorized expenditures: In the absence of specific prior approval by CA/OCS/ACS, funds may not be used for:
(a) Liquidation of any indebtedness incurred prior to the date the repatriate signed the loan, for example, a month long hotel stay, etc. This prohibition does not include visa or exit fees incurred prior to the date of application for repatriation;
(b) Transporting excess baggage or pets (NOTE that HHS will not pay any such costs); or
(c) Medical expenses: Repatriation loans can only be used to pay medical expenses that are necessary to stabilize a patient for medical evacuation to the United States and incurred after the applicant signs the loan application. For guidance, see 7 FAM 380 about use of Emergency Medical and Dietary Assistance (EMDA) loans for medical evacuation to a third country. EMDA and repatriation funds are not available to pay long-term medical expenses, non-emergency medical expenses, or expensive critical care. Such costs should be borne by personal health insurance, private funds, or paid for by the host government, either through that country’s medical program, crime victim assistance program, or as a compassionate gesture. If the individual is a victim of crime, consult with your OCS/ACS Country officer, to ascertain whether victim assistance funds might be available from U.S. federal or state sources. See 7 FAM 1900; and
(10) Inappropriate use of funds: Repatriation loan funds may not be used for an improper or illegal expenditure such as paying bribes.
7 FAM 372 AUTHORITIES
a. Section 4 of the State Department Basic Authorities Act, 22 U.S.C. 2671 (b)(2)(B) (Public Law 98-164), authorizes the Secretary of State to “make expenditures, from such amounts as may be specifically appropriated therefore, for unforeseen emergencies arising in the diplomatic and consular service,” including “loans made to destitute citizens of the United States who are outside the United States and made to provide for the return to the United States of its citizens.”
NOTE: 22 U.S.C. 2671(d) establishes certain requirements for the repatriation loan program, including that “the Secretary of State shall (1) require the borrower to provide a verifiable address and social security number at the time of application; (2) require a written loan agreement which includes a repayment schedule;” [and] (3) bar passports from being issued or renewed for those individuals who are in default.”
b. 22 U.S.C. 2671(d)(4) – 22 U.S.C. 2671(d)(11) direct collection of repatriation loans, in accordance with Federal government-wide debt collection laws codified at 31 U.S.C. 3711 and 31 U.S.C. 3717. If a loan is not repaid when due, the Department will take action to collect the loan under the Federal Claims Collection Standards (31 CFR Parts 900-904) and 22 CFR Part 34.
c. The "Fly America Act", 49 U.S.C. 40118, does not require the use of United States air carriers when individuals use funds loaned by the Department of State for their subsistence and repatriation.
d. 22 CFR Part 71 is being revised and expanded to include regulatory provisions regarding repatriation loans.
e. 22 CFR 51.70 includes the regulatory provisions regarding denial and limitation of passport services due to default on or non-payment of a loan received from the United States.
7 FAM 373 ELIGIBILITY FOR REPATRIATION LOANS
a. 22 U.S.C. 2671(b)(2)(B) provides for loans made to "destitute citizens of the United States who are outside the United States and made to provide for the return to the United States of its citizens."
b. Who is the Applicant? The applicant must be a U.S. citizen.
Situation 1. In most cases, the applicant and the beneficiary are identical. The consular officer will issue the loan to the eligible U.S. citizen applicant who appears before them.
· In situations where a U.S. citizen applicant is unable to sign the loan form, a non-citizen may do so (see example below of qualified alien relative signing the form.)
Situation 2. Unaccompanied U.S. citizen minor. No adults available to assist. The child’s name is listed as the applicant.
Situation 3. Unaccompanied U.S. citizen minor. U.S. adult located. The child’s name is listed as the applicant, but the adult(s)’ name(s) are listed in the signature block and the adult(s) sign the application.
Situation 4. Unaccompanied alien minor child of U.S. citizen requiring repatriation. U.S. citizen adult located. The U.S. citizen is listed as the applicant. The U.S. citizen parent must apply on behalf of the child. Details should be listed in the consular adjudication section of the form.
Situation 5. Incompetent U.S. citizen adult. U.S. citizen family/friends located. A competent U.S. adult, if available, should sign loan form.
Situation 6. A minor is the only U.S. citizen in the family with no U.S. citizen relative in the United States. The consular officer has a destitute family applying, who are all members of the same household, and who meet the eligibility criteria for a loan and U.S. immigrant visas. The only U.S. citizen is a minor child. In this scenario, the applicant is the U.S. citizen minor child because a loan can only be issued to a U.S. citizen. The eligible alien family members are included in the loan. The application is in the name of non-U.S. citizen adult parent(s) or legal guardian(s), listing the U.S. citizen child(ren) beginning at line 35. The non-U.S. citizen parents or guardians sign in line 92. The consular officer references the name of the U.S. citizen child and the situation in Part 3.
Situation 7. A minor U.S. citizen has a U.S. citizen relative in the United States, but all accompanying family members are non-U.S. citizens. Eligible alien family members are included in the loan. The application in the name of non-U.S. citizen information is in lines 1-33. The U.S. citizen adult signs in line 92. The consular officer references the name of the U.S. citizen child and the situation in Part 3. The U.S. citizen also initials the consular officer's reference to this primary U.S. citizen applicant in Part 3. (See 7 FAM 373.3) If the primary U.S. citizen applicant is located in the United States, that person will execute the application on behalf of the non-U.S. citizen family member before a notary public and express mail the application to CA/OCS/ACS for coordination with post.
c. Residence is a factor to be considered when ascertaining destitution. It is a piece of the overall financial consideration. Non-resident U.S. citizens are equally entitled to consular protection. However, the Department has discretion in providing them repatriation loans. See 7 FAM 373c. Repatriation loan requests involving persons who have no prior U.S. residence must be transmitted via front channel cable for review by the OCS Managing Director to assess whether, despite the person's not having had a prior U.S. residence, this case merits repatriation to the United States.
d. 22 U.S.C. 2671d establishes certain requirements for the repatriation loan program, including that "the Secretary of State shall:
(1) Require the borrower to provide a verifiable address at the time of application;
(2) Require a social security number at the time of application; and
(3) Require a written loan agreement which includes a repayment schedule."
e. The policy guidance below outlines eligibility factors for repatriation loans:
(2) Prior residence in the United States;
(4) Accompanying family members;
(5) Accompanying escorts;
(6) Medical repatriation eligibility;
(7) Absence of a social security number
(8) Ineligibility for repatriation loans of active duty members of the U.S. Armed Forces not on leave status; and
(9) Ineligibility for repatriation loans of merchant seamen.
f. The Department provides financial assistance through EMDA II to U.S. citizens to return to a third country where they maintain a residence (e.g., a destitute U.S. citizen just released from jail in Country A wishes to return to his/her home in country B). For more information, see 7 FAM 384.5-1.
7 FAM 373.1 Nationality
A U.S. citizen/national abroad and/or eligible citizen/alien accompanying family member(s) of the same household abroad is eligible to receive a repatriation loan to return to the United States if the consular officer determines the following:
(1) The applicant is a U.S. citizen. The U.S. citizen applicant may be located abroad, in the United States (when applying for a U.S. citizen recipient abroad), or in a third country;
NOTE: 7 FAM 374.6 provides guidance about how to handle cases in which the only U.S. citizen applicant in a family is a minor child.
(2) The U.S. citizen recipient of the repatriation loan, or eligible accompanying family member, must be located abroad. U.S. citizenship/nationality must be established by clear documentary evidence acceptable as proof of U.S. citizenship or nationality. (See 8 FAM 303.) Proof of U.S. citizenship/nationality includes:
(a) A U.S. birth certificate certified by the issuing authority (vital records office/civil registry);
(b) A U.S. passport;
(c) A Passport Issuance Electronic Records System (PIERS) record;
(d) A Form FS-240, Consular Report of Birth Abroad of a Citizen of the United States of America;
(e) A naturalization certificate or certificate of citizenship bearing the seal of the issuance authority. (See 7 FAM 1150.)
(2) The applicant’s identity is satisfactorily established. An applicant for a repatriation loan must establish identity to the satisfaction of the consular officer. (See 8 FAM 401.)
NOTE: The citizenship and identity of the applicant are always required and, in almost every case, the applicant must be destitute and without family or friends who are able to assist. However, there is a rarely invoked provision of the repatriation loan program that makes an exception for a U.S. citizen who is involved in, or the cause of, a situation which may damage the prestige of the U.S. Government or which may provide some other compelling reason to provide for the applicant’s prompt repatriation, without meeting the requirements of destitution or lack of relatives or friends in the United States or abroad able to assist. Posts must consult CA/OCS/ACS to obtain authorization from the Managing Director of CA/OCS before invoking this provision.
7 FAM 373.2 Destitution
a. The U.S. citizen applicant(s) and accompanying family member(s) traveling abroad is/are destitute. The applicant claims that reasonable attempts to obtain private resources from the individual’s family, friends, etc., have failed or such resources do not exist, and the individual would experience hardship if not returned to the United States;
b. For the purposes of this subchapter, destitute means the U.S. citizen/national:
(1) Has little or no visible means of support or liquid assets (no job; no cash; no benefits or retirement check pending; no savings; no return ticket, no credit cards, etc.);
(2) Has no family, friends, neighbors, employers, charitable groups, etc., willing and able to provide adequate financial assistance;
(3) Has inadequate food or shelter; and
(4) Has no funds available to him or her to pay for the cost of repatriation.
NOTE: This checklist should be strictly observed, although there are cases where mitigating or exigent circumstances will outweigh these considerations. An example would be a victim of domestic violence who technically may have a place to stay, but cannot remain there without risk of serious harm.
c. To determine if an applicant is destitute, the consular officer must:
(1) Interview the citizen to obtain additional details about his or her financial situation. Questions to ask should include, but not be limited to:
· Do you have a return ticket?
· Did you purchase traveler’s insurance?
· Do you have access to funds in the United States? Can you contact your financial institution to obtain a replacement ATM card, credit card, debit card, arrange a wire transfer, or ask for an emergency increase in your credit card limit?
· Have you contacted family members, friends, or your employer? The embassy can assist you in contacting them.
· What are the names, phone numbers, and email addresses of at least 3 individuals in the United States or in any other country, who we can reasonably expect to provide you with financial assistance and whom we can contact on your behalf to secure all or part of the necessary funds? These individuals may be in a position to transmit funds via OCS Trust (see 7 FAM 324), pre-pay an airline ticket with an air carrier, pay hotel bills by credit card from the United States, etc.
NOTE: The applicant should be advised that, if he/she does not provide the names of at least 3 individuals to be contacted for assistance, he/she will not be eligible for consideration for a repatriation loan.
· If the consular officer is not satisfied that an applicant(s) is destitute, the officer may decline to provide repatriation loan services to the applicant(s) and should notify the AC/OCS/ACS country officer of the decision.
(2) Prior to recommending approval of any repatriation loan, good faith efforts must be made to obtain funds from private sources, and all such efforts should be properly documented in the ACS software activity log.
(3) Form DS-3072, Repatriation/Emergency Medical and Dietary Assistance Loan Application, includes a Privacy Act waiver for all repatriation loan applicants. It gives the consular officer authority to contact any and all potential sources in relation to the loan application process, including those not initially provided by the client, but later recommended by other contacts.
(4) Consular officers are also required to provide an explanation in the repatriation loan initial cable request (see 7 FAM Exhibit 373) or the repatriation loan final cable (see 7 FAM Exhibit 376.1) when the minimum number of contacts are not made and to document in the applicant's ACS software activity log the reasons for non-compliance or non-applicability. Such reasons may include, for example, the fact that a citizen was impaired and unable to assist. Refusal to cooperate with procedures outlined in this subchapter is not reason enough to waive those procedures.
(5) CA/OCS/ACS and posts abroad do not consult credit bureaus to verify that an individual is destitute or credit eligible.
(6) The fact that a repatriate may or may not be eligible for a federal benefits payment (Social Security, Department of Veterans Affairs, Office of Personnel Management, Department of Labor, or Railroad Retirement Board) is not determinative in ascertaining eligibility for a repatriation (or EMDA) loan. Posts should not consult with regional federal benefits officers (RFBOs) regarding a repatriate applicant's eligibility for federal benefits. The MOU between the Department of State and the Social Security Administration and related SSA Economy Act payments related to adjudication of federal benefits work does not cover repatriation and SSA therefore has no role in determining "destitution" for the purposes of repatriation. The Department of State Statement of Routine Use Notice (SORN) (State S-5) permits the Department of State to share information with SSA related to adjudication of federal benefits payments to beneficiaries abroad but not for other purposes.
d. When a U.S. citizen residing abroad (as opposed to traveling abroad) is destitute, the following are additional questions a consular officer may reasonably ask a U.S. citizen who is a resident of the consular district:
(1) Where do you live? With whom?
NOTE: The consular officer should observe the individual carefully during questioning for any indications of abuse or neglect.
(2) Is there someone else with whom you can stay in this country temporarily?
(3) How do you support yourself?
(4) Are you employed?
(5) Are you eligible for any social services in the host country?
(6) Are you in touch with your family?
(7) Are you a citizen or a lawful permanent resident of another country (other than the United States)?
(8) Are you eligible for healthcare or resettlement assistance in that other country?
Example: A 20-year-old residing in their foreign home with limited education and a subsistence level income wishes to relocate to the United States. Such an individual may or may not meet the definition of destitute. Individual circumstances will affect your determination of whether destitution exists. A young adult who travels abroad to join a “fiancé” met over the Internet, who arrives in a foreign country and finds that the relationship is not working out, may be able to find temporary lodging with the ex-fiancé's family for a few days. This does not constitute a long-term solution. If the young adult has no family or friends to assist with funds, and the host country will not permit him to work, then such an individual may be considered destitute and may be eligible for a repatriation loan. Such situations will be reviewed based on the facts and circumstances of the individual case.
(9) What is the contact information for persons who may assist in verifying your circumstances?
NOTE: The individual may claim that if you contact his/her parents the individual will face consequences. Be sensitive to such a claim, but explain you may need to make other inquiries, such as at a school, religious or social organizations, or with other family members or friends. Your judgment is important. (See 7 FAM 1740 Forced Marriage of Minors; 7 FAM 1720 Child Abuse and Neglect; 7 FAM 1730 Child Exploitation; 7 FAM 1760 Runaways, Abandoned Children and Unaccompanied Minors; 7 FAM 180 Refuge; 7 FAM 170 Reporting on American Communities Abroad (including cults); and 7 FAM 1780 Behavior Modification Facilities.
7 FAM 373.3 Accompanying Alien Family Members
a. Accompanying alien family members are eligible to be included in the loan.
(1) Each adult must complete his/her own Form DS-3072;
(2) Minors and incapacitated/incompetent adults may be included in the primary U.S. citizen loan applicant's Form DS-3072;
(3) To be included in a repatriation loan, accompanying alien family members must be members of the U.S. citizen's household and possess a U.S. immigrant visa or other travel document valid for entry into the United States;
(4) The U.S. citizen "primary applicant" must sign line 92 of the Form DS-3072, although the non-citizen adult family member's information is listed in lines 1-33;
(5) Part 3 of the Form DS-3072 form includes space for the consular officer to note the U.S. citizen associated with the third country national/host country national, accompanying spouse or partner, or escort of the primary applicant. The U.S. citizen adult associated with non-U.S. citizen beneficiaries must initial this reference in Part 3 of the Form DS-3072. Until the debts of these non-U.S. citizens are paid, the U.S. citizen "primary applicant" listed in Part 3 will continue to be limited or denied passport services, as explained in 8 FAM 501.5-5.
b. Accompanying alien family members who possess or are eligible for a U.S. immigrant visa are eligible to be included in the loan issued to the U.S. citizen. To be included in a repatriation loan, accompanying lawful permanent resident (LPR) alien family members must be members of household and possess a valid U.S. immigrant visa for entry into the United States. Members of the household include:
(1) LPR alien spouse;
(2) LPR alien minor children;
(3) LPR alien adult child (unmarried);
(4) Other LPR accompanying dependent members of the household.
c. A foreign national spouse’s first recourse would be the embassy of his or her own country of nationality.
NOTE: The U.S. citizen may include in the debt he or she incurs the funds for the eligible accompanying alien member(s) of the household, as specified in each non-U.S. citizen adult's own Form DS-3072. This provision would only be used in extraordinary circumstances and would require authorization from the Managing Director or Deputy Assistant Secretary for Overseas Citizens Services.
d. Household staff members are not members of the household for the purposes of repatriation loans.
7 FAM 373.4 Medical Repatriation Eligibility
a. 7 FAM 360 provides extensive guidance about medical evacuation options.
b. When a U.S. citizen or accompanying family member requires a repatriation loan in order to be medically evacuated, additional eligibility requirements must be assessed before a loan may be approved. The following criteria must be met:
(1) The U.S. citizen and/or accompanying family member(s) is “destitute,” meaning that the individual does not have available to him/her, while abroad, adequate funds or insurance for necessary emergency care;
(2) Adequate medical treatment is not available from the host government;
(3) Reasonable attempts to obtain private resources (from the individual’s family, friends, etc.) have failed, or such resources do not exist;
(4) There are medical indications, identified by either the attending physician in the foreign country or the family physician and conferring experts in the United States, that the emergency medical assistance is necessary to sustain life, prevent the death of the U.S. citizen and/or accompanying family member(s), or prevent a disability, serious injury, or other significant deterioration of the individual’s physical or mental health. It may also be necessary to provide care in the United States to an individual who is comatose, in a persistent vegetative state, or has sustained an injury causing permanently incapacitating paralysis (e.g., quadriplegia) in a country where the individual is not normally resident and/or has no immediate family to provide care. See 7 FAM 339 for guidance regarding telemedicine techniques;
NOTE: Repatriation loans can only be used to pay medical expenses necessary to stabilize a patient for medical evacuation to the United States that are incurred after the applicant signs the loan application. (See 7 FAM 371 i(9)(c)). EMDA and repatriation funds are not available to pay long-term medical expenses, non-emergency medical expenses, or expensive critical care. Such costs should be borne by personal health insurance, private funds, or paid for by the host government, either through that country’s medical program or as a compassionate gesture. If the individual is a victim of crime, consult CA/OCS/ACS crime victim assistance specialists at VictimsAssistance@state.gov to ascertain whether victim assistance funds might be available from federal or state sources. (See 7 FAM 1900).
(5) If feasible, the U.S. citizen, spouse, accompanying adult family member(s), or family members/friends in the United States or a third country have executed a promissory note.
c. For guidance about U.S. citizens who have an outstanding repatriation or Emergency Medical and Dietary Assistance (EMDA) loan, refer to 7 FAM 380.
7 FAM 373.5 Ineligible Active Duty Members of the U.S. Armed Forces
Active duty members of the United States Armed Forces abroad who are on official orders and not on leave status are ineligible for a repatriation loan. (See 7 FAM 2042 for guidance about deserters and stragglers from the U.S. Armed Forces.)
7 FAM 374 APPLICATION PROCESS
7 FAM 374.1 Overview of Application Process
a. A U.S. citizen, and accompanying non-U.S. citizen adult family member applicants for a repatriation loan must complete Form DS-3072 after it has been determined that they are destitute. This form includes a loan application and promissory note. 7 FAM 380 provides guidance on the use of Form DS-3072 for Emergency Medical and Dietary Assistance (EMDA) loans.
b. The applicant may be the destitute U.S. citizen/national appearing before the consular officer, or a relative or friend, who is physically present in the host country, the United States or in a third country, who is applying for the loan on behalf of the destitute U.S. citizen.
You have an unaccompanied minor in the consular district. The grandmother in the United States executes the loan application.
You have a qualified alien relative traveling with the minor U.S. citizen child. The child is the applicant. The alien relative signs the Form DS-3072. Refer to 7 FAM 374.6.
(1) If executing the Form DS-3072 in the United States, the applicant must email or fax the executed Form DS-3072 to CA/OCS/ACS and express mail the original notarized signed copy of the document to CA/OCS/ACS for coordination with the post.
CA/OCS/ACS Express Mail Address
U.S. Department of State
(2) If executing the Form DS-3072 in a third country, the applicant must execute it before a notary public and express mail it to the U.S. embassy or consulate where the loan recipient is situated, if authorized by CA/OCS/ACS. It is preferable that the form be executed by the applicant before a U.S. consul in the third country, but CA/OCS/ACS may authorize execution before a notary public on a case by case basis.
c. Each adult U.S. citizen seeking a repatriation loan who is physically able to do so, must execute Form DS-3072.
d. See 7 FAM 374.7-1 for guidance on obtaining a signature when the applicant has been declared mentally incompetent and 7 FAM 374.7-2 for guidance on obtaining a signature when the applicant is not declared incompetent by a court but exhibiting irrational behavior.
e. Instruct the applicant to complete the form using block letters (printing) as legibly, neatly, and fully as possible.
7 FAM 374.2 Content of the Loan Application
The Form DS-3072 was designed as a combined application for repatriation and emergency medical and dietary assistance. To apply for repatriation, each adult applicant, unless determined incompetent by a court of competent jurisdiction (U.S. or foreign), must provide the following information:
(1) Name. (Lines 1, 2 and 3) Last Name, First Name, Middle Name: The applicant’s full legal name; (including “also known as” (AKA) names and, aliases). The applicant’s name(s) must be cleared in the Consular Lookout and Support System (CLASS) before the loan application is processed;
(2) Social Security Number (SSN) (Line 4): A repatriation loan will not be issued without a verifiable address and SSN, except in extraordinary circumstances when failure to issue the loan may result in endangerment of the life or limb of the U.S. citizen or other compelling circumstance.
The Social Security Administration (SSA) advises CA that even in a medical emergency situation a SSN cannot be issued in less than 6 weeks for a person abroad. In such cases, the Department may authorize issuance of the loan without the SSN, but the applicant must provide a SSN as soon as practicable. Before processing the loan, the consular officer must assist the loan applicant in applying for a SSN using SSA Form SS-5 (Application for a Social Security Number). CA will coordinate with SSA to share the SSN with CGFS and HHS, where appropriate, for debt collection purposes. The consular officer should annotate Part 3 of the Form DS-3072 to explain the absence of a SSN.
(3) Date of Birth (Line 5): This should be listed in numerals (MM-DD-YYYY);
(4) Place of Birth (Line 6): This should include the city, state, country of birth;
(5) Identity/Nationality Document (Line 7):
(6) Sex. (Line 8): The applicant should check the box for male or female;
(7) Contact Information for Loan Recipient in Host Country (Lines 9, 10, 11): The applicant/loan recipient should enter the physical address, phone number, and email address where he/she may be contacted in the host country;
(8) Medical Condition, Current Injuries, or Limited Mobility Relevant to Medical Evacuation/Repatriation (Line 12): The applicant should include information that may be helpful in coordinating resettlement assistance or airline boarding;
(9) Verifiable Address at Final Destination in the United States (or other Permanent Address (Not Post Office Box). (Lines 13, 14, 15, 16, 17, 18, 19, 20, 21): The applicant must provide a verifiable address at the time of application. This is required for billing/collection purposes. A verifiable address is the applicant’s intended place of residence (not a post office box) upon return to the United States. If the onward address is unknown, the borrower should list “To be determined." In the case of a medical evacuation to a third country before repatriation to the United States, the post in the third country should provide a final address if possible. CA/OCS/ACS will share onward destination information obtained by HHS and/or its partners and grantees with CGFS;
Bureau of the Comptroller and Global Financial
(10) Emergency Contact (Do Not List Someone Traveling With You). (Lines 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33): The applicant/loan recipient should provide the name, address, phone number, email, and relationship for this contact;
(11) Accompanying Minor Children or Incapacitated/Incompetent Adults. (Lines 34-88): The Form DS-3072 provides space for information regarding six accompanying minor children or incapacitated/incompetent adults;
(12) Promissory Note and Repayment Agreement. (Line 89): The applicant should read this section carefully before proceeding to line 90;
(13) Signature Block for Applicant. (Lines 90, 91, 92, 93): The applicant should print his/her full name, sign, and date the Form DS-3072;
(14) Authorizations for Release of Information Under the Privacy Act. (Lines 94, 95, 96, 97, 98, 99): This part of the Form DS-3072 includes two Privacy Act waivers, one covering the release of information to the Department of State and one for release of information to HHS and/or its partners and grantees and for use of that information by HHS and its partners/grantees. This section must be completed even if the applicant signed a separate Privacy Act Waiver;
(15) U.S. Notary Public Information. (Line 100): If the Form DS-3072 is executed by someone in the United States on behalf of the U.S. citizen/eligible foreign national facing an emergency abroad, line 100 provides space for the Form DS-3072 to be executed before a notary public. If necessary due to state notary practice, a separate form executed by the notary public may be attached to the signed FORM DS-3072;
(16) Consular Adjudication Notes. (Part 3 of the Form DS-3072): This space is provided for the consular officer to include notes explaining special circumstances of the case and/or the lack of any required information:
(a) The consular officer should check all applicable boxes and explain any special circumstances. Additional notes may be attached to the Form DS-3072 if necessary;
(b) If applicable, the consular officer should list the U.S. citizen associated with a third country national, host country national, accompanying spouse or partner, or escort of the primary U.S. citizen applicant who may have completed a separate form. The U.S. citizen must sign line 92 as the primary applicant although the non-citizen family member's information is listed in lines 1-33. The U.S. citizen should also initial the consular officer's reference to the names, date, place of birth and Social Security Number of the primary U.S. citizen applicant in Part 3 of the Form DS-3072;
(c) Loan Amount. The consular officer should enter:
(a) The total amount of the repatriation loan in foreign currency;
(b) The amount of the repatriation loan in the U.S. currency equivalent of (a);
(c) The portion of the total repatriation loan expended for subsistence;
(d) The beginning date of the subsistence period;
(e) The end date of the subsistence period (lodging, food, sundries, etc.); and
(f) The dollar amount for the transportation costs (and escort fees where appropriate.) This includes a breakdown of all costs associated with the domestic portion of the trip.
1. A cable from Embassy Budapest might reflect: Budapest to New York, 600 dollars; Budapest to Detroit, 750 dollars. HHS will pay 150 dollars (the difference between the two flights).
DOS booking direct flight to final destination saved USG 200 dollars. O
2. A cable from Embassy Seoul might reflect: Seoul to Los Angeles, 850 dollars; Seoul to Detroit, 1050 dollars. HHS will pay 200 dollars. These figures will be included in the final report cable along with the date of travel. If the repatriate is seeking ISS/HHS assistance a copy of the repat loan initial cable request will be provided to HHS by CA/OCS/ACS when the case is initially referred to them.
(17) Consular Officer Signature and Certification. This space is provided for the consular officer’s signature, seal, and jurat signifying authorization and approval of the loan.
NOTE: Consular officer should advise the U.S. citizen to read page 3 of Form DS-3072 regarding the Privacy Act and Paperwork Reduction Act.
7 FAM 374.3 Applicant Signing the Loan Application
a. The applicant should not sign Part 1, line 92 of Form DS-3072 until the dollar amount of the loan is entered in Part 3 by the consular officer.
b. One original copy of the repatriation loan application must be signed by the principal applicant.
c. Since the dollar amount of the loan is usually not known until the loan recipient appears before the consular officer, it is preferable that the application be signed in the presence of the consular officer, but it is not required.
d. If the estimated cost increases or if additional costs are identified and added to the indebtedness, the applicant must complete a new Form DS-3072.
e. If only minor changes to the expenses are made that result in a lower overall cost, both the applicant and the consular officer must initial and date each change in Part 3 of the Form DS-3072.
7 FAM 374.4 Escorts For U.S. Citizen Minors, Physically Or Mentally Disabled U.S. Citizens, And U.S. Citizens Otherwise In Need
a. Escorts may be required for the following:
(1) Unaccompanied U.S. citizen minors;
(2) Physically ill or mentally disabled U.S. citizens; and
(3) Other U.S. citizens in need of an escort (such as a fragile, disoriented elderly citizen, etc.)
b. Escorts must either be U.S. citizens, already have their U.S. visa, or be visa-eligible aliens.
c. As the signatory of the loan, an applicant has the right to concur in the selection of the escort, based on information provided by the consular officer and subject to airline restrictions and attending physician recommendations.
d. It is also possible for a family to retain a qualified person to travel to the host country to escort the U.S. citizen. Travel costs from the United States to the host country cannot be included in a repatriation loan. However, travel costs from a third country to the host country to serve as an escort can be included in the loan.
NOTE: 7 FAM 362 provides detailed guidance about medical escort requirements and options. Most commercial carriers require that escorts for medically or mentally ill individuals be either a doctor or nurse. However, some airlines allow a family member to serve in this capacity under certain circumstances. The passenger’s condition mandates the number of escorts and their qualifications.
e. The repatriation loan may also include the cost of the escort’s travel and per diem (Meals, Incidentals and Expenses (MI&E) and Lodging) to the last U.S. city where the repatriate(s) will be received by local authorities or family members. The Department usually authorizes and reimburses lodging as close to the GSA rates as possible for a single night for the escort. In extraordinary instances in which the length of travel is 16 hours or more, two nights lodging may be authorized by CA/OCS.
NOTE: The escort should make his/her own hotel reservation in the United States. This will require securing the reservation using his/her own credit card, or, for a professional medical escort, that of his/her employer. The escort may pay the hotel bill using the lodging per diem provided to him/her in U.S. dollars by the post. If the escort decides to remain in the United States beyond this period of time, any expenses incurred are the responsibility of the escort.
f. Reasonable and appropriate escort fees may be included in the repatriation loan, subject to approval by CA/OCS/ACS and the applicant. CA considers that a fee of generally under $1000 is reasonable. Posts must obtain concurrence of CA/OCS/ACS before expending such funds.
NOTE: CA/OCS/ACS will not authorize escort fees for official personnel, including locally employed staff (LE staff), eligible family members (EFM), etc.
(1) These fees are not intended to cover the lost wages or time of the escort.
(2) In assisting families or repatriates to identify escorts in accordance with 7 FAM 362, posts should endeavor to find escorts who will provide the service without charging a professional escort fee.
(3) For overseas escorts, there is no standard fee regulation; fees vary from country to country. Commercial medical evacuation companies include such professional escort costs in their fees.
(4) Any professional escort fee exceeding $1000 must be justified and approved by the Managing Director for Overseas Citizens Services.
7 FAM 374.5 Using Good Offices in Discussing Repatriation Costs with Host Countries, Transportation Carriers and Escorts
a. It is important to remember that repatriation funds are loans to a destitute citizen. Posts should highlight this point when discussing transportation arrangements with airline officials and potential escorts. In the event that the airline(s) being considered is a state-run entity, you may be able to enlist host government assistance to negotiate a favorable rate. Consular sections should work with the economic section at post to explore their aviation contacts. Stress in these discussions the compassionate aspects of the repatriation case, e.g., abandoned, abused, exploited minors; abducted children; individuals who are victims of serious crime, etc.
See: 7 FAM 364.2 for guidance about private charitable options and commercial air carrier special compassionate rate programs for travel related to family emergencies (deaths, etc.).
b. Posts should make every effort to negotiate the lowest possible rate for such individuals well in advance. Don’t wait until you have a repatriation case. Discuss the issue with your contacts to attempt to negotiate a most favorable rate.
c. Similarly, posts should use good offices to encourage host government officials to waive immigration overstay fees or penalties for repatriates or to reduce the fines. Make it clear that it is not the U.S. Government, but the individual, who is paying for the travel. Moreover, repatriation loan recipients often have other problems such as mental illness, physical impairment, or are victims of domestic violence. Stress that it is to the benefit of the host country and the individual to facilitate the individual’s departure without additional financial burden or bureaucratic requirements.
d. When discussing escort fees with medical professionals, stress the compassionate nature of the case and the fact that any professional fees will have to be borne by the individual who is already destitute. These factors should also be stressed in coordinating with escorts for minor children and elderly repatriates who do not need medical assistance.
e. This is consistent with sound fiscal decision making, outlined in 7 FAM 376.3 d.
f. Your establishment of good contacts is essential in such circumstances.
g. CA/OCS/ACS can assist you in strategizing solutions to such problems.
7 FAM 374.6 Loan Applications on Behalf of Minors
a. Unaccompanied U.S. Citizen Minors:
(1) When confronted with a destitute, unaccompanied minor in need of repatriation, consular officers and CA/OCS/ACS will attempt to identify a parent, guardian, family member, or other party who will agree to pay the costs of repatriation;
NOTE: 7 FAM 1760 provides guidance about the Department authority to assist abandoned or unaccompanied minors without parental approval. In considering whether to contact a family member, posts and CA/OCS/ACS will take into account special circumstances. We would not, for example, contact an abusive parent or parents of a minor who was forced or attempted to be forced into marriage, is a female genital mutilation victim or a behavior modification facility resident, or in other dire circumstances. In such cases, the consular officer will note in Part 3 of Form DS-3072 and in the ACS software activity log the reason why it was inappropriate to contact the parent/guardian.
(2) If no such individual has funds available, we will ask them to complete Form DS-3072 on behalf of the child;
(3) If we cannot find a parent, guardian, family member, or other party to execute the Form DS-3072, we can approve a loan on behalf of the child under the age of 18 even though the form does not have a signature of an applicant;
(4) The U.S. consular officer will explain in Part 3 the absence of the signature in line 92 of the Form DS-3072. The consular officer will then authorize the loan and sign in Part 4;
(5) The existence of a D/B indebtedness lookout in the name of a minor U.S. citizen is a collection technique to facilitate payment of the debt by the adults. This lookout is not a basis for passport denial for the minor.
NOTE: Existing passports of a minor are NOT canceled. A minor cannot incur the debt and therefore there is no basis for passport denial or limitation. If the minor does not have a passport, the minor may be issued an Electronic Photo digitized Passport (EPDP) which is always limited by nature. This is addressed in detail in 8 FAM 803.9
b. Minor U.S. citizen accompanied by non-citizen family member(s):
(1) If a family group of lawful permanent resident (LPR) aliens with a U.S. citizen minor child applies for repatriation, the alien parents may sign the Form DS-3072 on behalf of the U.S. citizen minor child. Each adult must complete his/her own Form DS-3072. The consular officer should note in the Part 3 space provided the association of the U.S. citizen minor loan recipient to each non-U.S. citizen beneficiary;
(2) In such a circumstance, the U.S. citizen child’s name may be entered in the CLASS system as a collection technique to facilitate payment of the debt by the adults. This is not a basis for passport denial for the minor. See 8 FAM 501.5-5;
(3) The names of the LPR parents of a minor U.S. citizen child receiving a repatriation loan are entered in the CLASS system as a D/B indebtedness hold. (CLASS includes other data on non-citizens such as No Claim to U.S. Citizenship and Loss of U.S. Nationality cases.) (See 7 FAM 377 and 8 FAM 501.5-5 for additional guidance.)
c. 7 FAM 396.1 provides guidance about resettlement issues and minors.
7 FAM 374.7 Incompetent Applicants
7 FAM 374.7-1 Declared Incompetent by Court
a. For the purpose of issuance of repatriation loan, mental incompetence must be declared by a court. (See 7 FAM 396.4 (b)(3) regarding certificate of incompetence for the purposes of HHS resettlement which can be executed by an attending physician.) 7 FAM 374.7-2 provides guidance about repatriation of citizens who have not been declared incompetent by a court, but exhibit irrational behavior.
b. A U.S. citizen who has been legally declared incompetent by a U.S. or foreign court should not be asked to execute the Form DS-3072 or a Privacy Act waiver (see 7 FAM 060).
c. The post and CA/OCS/ACS will attempt to identify a guardian, family member, friend, employer, insurance company or other party prepared to pay the costs of repatriation or to execute the Form DS-3072 on behalf of the individual, if the individual is unable to pay any or all of the costs of repatriation in advance.
d. If such a person cannot be identified, the consular officer will explain in Part 3 of Form DS-3072 the absence of an applicant’s signature in line 92, and the consular officer will only sign Part 4 of the form.
e. 7 FAM 396.4 provides guidance regarding resettlement issues regarding mentally ill citizens.
7 FAM 374.7-2 Not Declared Incompetent by a Court but Exhibiting Irrational behavior
a. If a destitute U.S. citizen exhibiting irrational behavior who appears to be a potential threat to himself/herself and others comes to your attention, the role of the consular officer is:
(2) Obtain Privacy Act waiver, if possible (see 7 FAM 060);
NOTE: Health or Safety Condition of Disclosure in the Privacy Act: The Privacy Act's "health or safety" condition of disclosure (also referred to as an "exception") exception allows disclosure of information without a PAW “to a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual” (5 U.S.C. 552a(b)(8)). (See 7 FAM 066.)
(3) Assess immediate needs; 7 FAM 340 provides guidance about assisting mentally ill citizens;
(4) You must have a conversation with the citizen to:
(a) Determine possible sources of financial assistance;
(b) Determine possible sources of information about the person’s medical and/or mental history or needs;
(c) Ascertain the citizen’s wishes regarding remaining in the host country or returning to the United States. This may require you to use your skills to persuade the individual to return to the United States before the host country arrests or deports him/her, or before the individual causes serious harm to him/herself or others.
NOTE: The U.S. Government DOES NOT repatriate a U.S. citizen without his/her consent. Only a foreign government can order the removal of a visitor from its territory through deportation or cancellation of immigration status.
b. The post and CA/OCS/ACS will attempt to identify a guardian, family member, friend, employer, insurance company or other party prepared to pay the costs of repatriation or to execute the Form DS-3072 on behalf of the individual, if the individual is unable to pay any or all of the costs of repatriation in advance.
c. A destitute U.S. citizen adult who has not been found to be mentally incompetent by a court, but who exhibits irrational behavior suggesting possible mental illness or lack of comprehension, may execute the Form DS-3072.
d. If the citizen is willing to be repatriated but declines to sign the Form DS-3072, and post and CA/OCS/ACS have been unable to identify private sources of assistance, the consular officer must:
(1) Exercise judgment regarding the safety and security aspects of the case and the propriety of suggesting that the person think about whether or not to apply for a loan and contact the post if he/she wishes to proceed, sending the person away or contacting local authorities. 7 FAM 340 provides guidance about contacting local authorities in such circumstances;
NOTE: Is the person a dual national or a permanent resident of the host country, or a long-term resident? Are there host country resources available for which he/she is eligible? (See 7 FAM 086.)
(2) Determine if the person’s circumstances are so dire that you should approve the loan without an applicant’s signature. In such a case, the consular officer should annotate Part 3 of the Form DS-3072, or an attachment, to note in objective terms the behavior exhibited, efforts made to identify sources of help and absence of a signature. The consular officer should not sign line 92. The consular officer should only sign Part 4.
f. See 7 FAM 396.4 regarding resettlement issues for citizens in these circumstances.
7 FAM 374.8 Applications by Persons Who Have Physical Disabilities
This section discusses the fact that the consular officer is required to document how the consular officer communicated with the applicant and how the officer was satisfied that the applicant knowingly signed the Form DS-3072. 7 FAM 396.3 provides guidance regarding resettlement issues and repatriates with a medical condition:
(1) Visually Disabled Persons: The consular officer must make sure that the blind or visually impaired person is fully informed of and understands the contents of any instrument to be executed. The officer should read the document, or have the document read, aloud to the visually impaired person, and ask whether the person understands the document and/or has any questions about its meaning. Consular notes in Part 3 of Form DS-3072, or attachment, should reflect the special procedures employed. For example: Today, [Insert name of the person applying for the loan] personally appeared before me and I read aloud the Form DS-3072 to him. Having established that he understood the contents of the document, I approved the loan.” Questions about such situations may be directed to CA/OCS/L at ASK-OCS-L@state.gov;
(2) Hearing Disabled Persons: It may be necessary to communicate in writing with a hearing impaired person. The consular officer must make sure that the hearing impaired person is fully informed of and understands the contents of any instrument to be executed. You should have the person read the document in your presence and should then ask the hearing impaired person in writing whether he or she understands the document and/or has any questions about its meaning. Consular notes in Part 3 of Form DS-3072, or attachment, should reflect the special procedures employed. For example: “Today, Alice Jones personally appeared before me and read the annexed instrument in my presence. Having established through written questions that she understood the contents of Form DS-3072, I approved the loan." Questions about such situations may be directed to CA/OCS/L at ASK-OCS-L@state.gov;
(3) Speech Disabled Persons: When a person is mute or physically unable to speak, he or she may respond in writing to the consular officer’s questions concerning identity, competence, and understanding. Part 3 of Form DS-3072, or attachment, should reflect the special procedures employed. For example: “Today, Mary Smith personally appeared before me, established her identity, competence to execute Form DS-3072, and understanding of the document hereto annexed by virtue of her written responses to standard questions put to her. She acknowledged her signature on the annexed document.” Similarly, a speech-impaired person should be allowed to take an oath or affirmation by responding in writing. Questions about such situations may be directed to CA/OCS/L at: ASK-OCS-L@state.gov;
(4) Persons Unable to Sign: When a person is physically unable to sign a Form DS-3072 or make an identifying mark, the impaired person should give oral responses in the presence of two consular officers, who should then attest to the manner in which the Form DS-3072 was executed in Part 3 of Form DS-3072, or an attachment.
NOTE: -- At a small post with only one consular officer, or where the second consular officer is away on official business or annual leave, a diplomatic officer may act in place of the second consular officer. Questions about such situations may be directed to CA/OCS/L at Ask-OCS-L@state.gov.
7 FAM 375 ADJUDICATION PROCESS
7 FAM 375.1 Adjudication Process Checklist
The following is a checklist of steps the post must take in adjudicating and processing a repatriation loan:
· Verify identity and search the ACS software for any previous case history on the individual;
· If there is no ACS software subject, create one;
· Clear the name in CLASS so you have a fuller picture of the repatriate;
· Verify citizenship through passport presented or the ECAS/Passport Issuance Electronic Record System (PIERS) record;
· Verify destitution;
· Obtain Privacy Act Waiver (except for minor or incompetent);
· Obtain at least 3 possible sources of private funds;
· Ascertain if any resources in the host country are available;
· Assess citizen’s immediate needs;
· If the subject is found to be destitute, obtain a fully executed Form DS-3072 if subsistence funds are to be committed prior to pending approval of loan;
· Verify the final billing address;
· Amend ACS record with final dollar amount of repatriation loan upon disbursement;
· Consular officer approves the loan;
· Place the special Passport Limitation Endorsement Stamp (PLES) in valid adult loan recipients' passports to limit the passport to only a transit or direct return to the United States. Place the limitation stamp onto the Secretary’s message page, which is directly opposite the biographical data page of the passport. See 8 FAM 803.9;
· Name(s) entered in CLASS system via ECAS (except abused, exploited minors) at the time funds are disbursed;
· The repatriation loan final cable is prepared and sent;
· Copy of approved Form DS-3072 provided to repatriate or other applicant;
· Original of the approved and fully executed Form DS-3072 is scanned into the subject's ACS software activity log and e-mailed to CGFS Accounts Receivable at FMPARD@state.gov.
· Complete all tabs in the ACS software and close the case in ACS software.
· Coordinate disbursement of funds with financial management officer.
7 FAM 375.2 How To Adjudicate A Loan Application
a. The revised Form DS-3072 includes an adjudication function for consular officers approving loans.
b. Before exercising this authority, the consular officer must determine that the applicant is destitute and meets all of the eligibility requirements for a repatriation loan and correctly completes and signs the DS-3072 Repatriation/Emergency Medical and Dietary Assistance Loan Application.
c. Department of State and Treasury regulations require that a promissory note be executed prior to the commitment and disbursal of loan funds. If the applicant has sufficient funds for room and board while awaiting approval from CA/OCS/ACS for a transportation loan, defer completion of the promissory note until the loan has been approved and the funds are ready for disbursement.
d. If, however, the applicant is indigent and the post must provide subsistence money while awaiting CA/OCS/ACS’s approval of the transportation loan, do not disburse any funds until a promissory note has been signed by the applicant.
NOTE: Do not give money or commit funds on behalf of a repatriate before executing Form DS-3072. The consular officer is personally liable for funds committed or expended in the absence of an executed Form DS-3072. There are no funds available to reimburse an officer who provides monies to a repatriate but who fails to have the individual complete Form DS-3072.
e. Where subsistence funds are needed for more than one day, estimate the dollar amount to be expended and include it in the loan total. This will allow you to avoid the necessity of amending the form or executing a new one.
f. Disbursement of Funds: It is preferable to disburse subsistence funds directly to the service provider as opposed to the applicant. Similarly, transportation costs should be paid directly to the service provider or obtain a non-refundable, non-exchangeable ticket. Cash, if any, should be provided to the applicant consistent with the situational needs, in small increments. Cash provided for incidental expenses en route to the United States should be provided in U.S. dollars. The consular officer will coordinate documentary and disbursement requirements with the financial management officer at post.
g. Entry of Case Record into ACS software: Enter all required information into the ACS software case record and scan a copy of the DS-3072 into the Activity Log.
h. Entry of "D" indebtedness Passport hold in CLASS via ECAS: (See 8 FAM 501.5-5.)
i. Final Report: Following disbursal of authorized funds, the consular officer must submit a repatriation loan final cable to the Department captioned for CA/OCS/ACS, CA/OCS/MSU/ CA/PPT/S/TO/RS/DO/C, GFS FOR AR, CGFS/F/RMICD/ARB and CGFS/F/ADD/AA/CAA no later than three business days after the completion of each case. The final cable should also be emailed directly to FMPARD@state.gov. 7 FAM Exhibit 376.1 provides a sample repatriation loan final payment cable.
j. The format for the final report is as follows (give all amounts in U.S. dollars):
(1) Name(s) of loan recipient(s);
(2) Recipient’s date and place of birth;
(3) Reason for Destitution;
(4) Total Amount Expended in U.S. Dollars:
(c) Fiscal Strip Data;
(5) Subsistence in U.S. Dollars;
(6) Travel Expenditure: Identify international and domestic costs in U.S. dollars for all travel related expenses including airfare, charges related to ticket issuance, taxi and bus fare. Tips are not an authorized expenditure. Expenditures are to be itemized per traveler;
(7) Other Expenses in U.S. Dollars;
(8) Final Action: Include complete itinerary details for each traveler or attach the travel itinerary to the cable;
(9) Social Security Number;
(10) Verified U.S. Billing Address;
(11) Remarks--any pertinent information not already furnished to the Department (such as passport number with date and place of issuance, passport action or endorsements, U.S. address of next of kin, telephone numbers, and so forth).
k. Prompt completion of the cable permits CGFS to meet its requirement to bill loan recipients immediately upon their return to the United States. Failure to complete and submit promptly may prevent CGFS from obtaining reimbursement from HHS for domestic travel expenses.
l. Review the ACS record for completeness and close the case.
7 fam 376 AUTHORIZATION AND REPORTING PROCESS
7 FAM 376.1 Post Spending Authority
a. Posts currently have the authority to expend up to $2000 per eligible applicant without prior CA/OCS/ACS approval.
NOTE: CA may limit post spending authority because of funding limitations such as a continuing resolution or end of fiscal year funding shortfalls.
b. Before exercising this authority, the consular officer must determine that the applicant meets all of the eligibility requirements for a repatriation loan (see section 7 FAM 373). In all cases posts must first attempt to secure funds from private resources whom the Department can reasonably expect to assist before adjudicating a repatriation loan application.
c. The consular officer must determine that the applicant correctly completes and signs an application and promissory note (see 7 FAM 374).
(1) The consular officer exercising this authority must submit a repatriation loan final cable to CA/OCS/ACS, CA/OCS/MSU, CA/PPT/S/TO/RS/DO/C, CGFS/F/RMICD/ARB, GFS FOR AR, and CGFS/F/ADD/AA/CAA not later than three business day after the subject's return to the United States. (See 7 FAM Exhibit 376.1.)
(2) The repatriation loan final cable must also identify all expenses including HHS associated domestic costs (air travel, bus, and taxi fare, domestic escort expenses, etc.).
(3) All case details should be made a part of the ACS software activity log.
If an applicant applies for a repatriation loan for herself and her five children totaling $2000 x 6, the post must request authorization from CA/OCS/ACS prior to approving the loan and disbursing the funds including transmission of a repatriation loan initial cable request.
If the initial post estimate of the cost of repatriation was $1700, and subsequently, prior to the travel, the post learned of additional expenses, e.g., a $400 immigration overstay penalty which pushes the total repatriation loan above the $2000 post authority limit, the post must come in to CA/OCS/ACS for authorization to approve the loan and transmit a repatriation loan initial cable request.
7 FAM 376.2 Repatriation Loans Above Post Spending Authority
a. In every case when the repatriation loan amount exceeds $2000 the consular officer must:
(1) Enter the case in the ACS software and make a determination to recommend approval or denial;
(2) Transmit a repatriation loan initial cable request (See 7 FAM Exhibit 373);
(3) Use the ACS software to request Department approval to expend the estimated funds if post is recommending approval and transfer the case record to OCS;
(4) Calculate the cost for all domestic expenses included in the repatriation loan. (See 7 FAM 395 for the calculation of air transportation costs).
b. You must alert CA/OCS/ACS by phone or email of requests requiring urgent approval.
c. Post’s repatriation loan initial cable request must provide a breakdown of all international and domestic expenses included in the loan estimate.
· $1600 total airfare transportation for repatriate ($300 for HHS reimbursable domestic airfare cost)
· $30 transportation to airport
· $40 airport departure fee
· $200 lodging prior to departure
· $400 immigration fine
· $50 food and sundries
· $1400 Round-trip transportation for Escort ($600 for HHS reimbursable domestic airfare cost)
· $300 Escort Per Diem 1 day
· $1000 Authorized Escort Fee
· $200 HHS-reimbursable domestic airfare costs
7 FAM 376.3 Department Oversight and Authorization
a. CA/OCS/ACS will review the post’s request for authorization.
b. If CA/OCS/ACS determines proposed expenses reasonable and appropriate and receives ISS/HHS written approval for domestic costs that exceed $3,500, we will approve the loan in the ACS software and generate a loan approval cable. In urgent cases CA/OCS/ACS may also communicate with the post by email or phone.
c. If CA/OCS/ACS does not approve the repatriation loan, the loan will be denied in the ACS software and a denial cable will be generated. The post will also be advised by email or phone of the reason for the denial.
Exigent Cases: CA/OCS will work with posts to grant expedited approval in exigent cases where expedited transport of the destitute citizen is imperative. OCS Duty Officers are available to assist you after hours. Such cases often require coordination with local state authorities to assist with reception and resettlement. Such services are frequently not available on short notice, weekends or holidays. (See 7 FAM 390.) Posts must communicate with CA/OCS/ACS as soon as you become aware of them.
d. Fiscal and Financial Good Practices:
(1) Consular managers in OCS and at posts abroad must manage public monies expended on behalf of destitute citizens responsibly and ensure that our records are accurate and up to date;
(2) Posts and ACS country officers must review outstanding cases in ACS software at least quarterly to ensure that authorized funds have been properly disbursed and/or returned. All accounts must be properly closed in the ACS software and the repatriation loan final cable has been sent not later than three business days after the completion of the case to CGFS. This ensures that the ACS tracking system adequately supports information and data. CA/OCS/MSU has responsibility for oversight of the financial assistance portfolio and relies heavily on the accuracy of data entered by posts to project year end expenditures, future financial needs, and generate accurate statistical reports for CA management budget requests to Congress. 7 FAH-1 provides general guidance about consular management and internal controls;
(3) In order to exercise proper fiscal control it is imperative that dollar amounts of loans be accurately and promptly recorded in the automated systems, that unexpended funds be returned in accordance with established ACS software procedures, and that a repatriation loan final cable detailing expenditures be completed not later than three business day after the completion of the case. If posts experience problems with the ACS software, please contact the CA Service Desk for assistance;
(4) Because CGFS and CA/PPT do not have access to the ACS software, it is imperative that not later than three business days after the subject's return to the United States, posts scan and email a copy of the executed DS-3072 to CGFS Accounts Receivable at FMPARD@state.gov and follow procedures for completion of the final reporting cable via SMARTcable or the ACS software.
· 4 FAM 033.3-1 Accounting for Loans Receivable
· 4 FAM 036.1 Types of Revenues
· 4 FAH-1 H-613 Object And Sub-object Class Codes And Standard Title Abbreviations
· 4 FAH-1 H-621.5 Repatriation Loans Financing Account (19X4107)
· 4 FAH-1 H-621.3 Revolving Funds
· 4 FAM 492.2 Types of Debt
7 FAM 376.4 Disposition of Copies
Upon completion of the Form DS-3072:
(1) After the executed DS-3072 has been emailed to CGFS Accounts Receivable at FMPARD@state.gov, a photocopy of the executed Form DS-3072 is scanned by the post into the ACS software activity log;
(2) A photocopy of the executed Form DS-3072 accompanies post’s transmittal of the CLASS "D" Indebtedness lookout file to Passport Services for scanning after the consular officer enters the name in CLASS through ECAS in accordance with 8 FAM 1204.1-5. The post should then send the lookout file to the following address for scanning:
U.S. Department of State
Record Services Division
44132 Mercure Circle [DHL/FedEx/UPS]
Sterling, VA 20166-1213
Telephone (public): 202-485-8300.
Posts abroad should continue to send the above documentation to CA/PPT via diplomatic pouch, as appropriate.
(3) A photocopy of the executed Form DS-3072 must be given to the applicant. If the applicant is a minor or an incompetent the photocopy should be transmitted to the person applying for the loan on behalf of the individual;
(4) Once post has confirmed a copy of the executed Form DS-3072 has been uploaded to the ACS software Activity Log tab, the original form can be destroyed locally at post.
7 FAM 377 PASSPORT ACTIONS AND REPATRIATION LOANS
a. 8 FAM 803.9 provides specific guidance about passport actions to be taken in repatriation loan cases.
b. Before issuing any repatriation loan, the name(s) of the applicants/recipients must be cleared in the Consular Lookout and Support System (CLASS). (8 FAM 501.2).
c. Officers at posts must enter "D" Indebtedness lookouts in CLASS via ECAS for all loan recipients regardless of age at the time funds are disbursed.
d. To assist the Department in its efforts to secure repayment of repatriation loans, passport services are limited to recipients of such loans. At the time the repatriation loan is issued, the applicant’s full validity passport is stamped on the Secretary’s message page, which is directly opposite the biographical data page of the passport with the Passport Limitation Endorsement Stamp (PLES),with an endorsement reflecting that the passport is valid only for return/transit to the United States by a specified date. If the loan recipient does not have a valid passport, the applicant is issued a limited validity passport at no charge as explained in 8 FAM 803.9. Repatriation loan recipients are entitled to no-fee direct return EPDP passports; passport application fees should not be included in the costs of repatriation loans. Minors with valid passports should not receive the PLES stamp in their valid passports. U.S. citizen minors who are loan recipients are eligible for "no-fee" direct return EPDP passports in association with a repatriation loan.
7 FAM 378 REPAYMENT PROCESS
a. Repayment of repatriation loans may be made by check or money order payable to the Department of State, Accounts Receivable and mailed to:
U.S. Department of State
Accounts Receivable Branch
P.O. Box 979005
St. Louis, MO 63197-9000
Or by express mail:
Loan recipients can also contact CGFS to make arrangements for payment by credit card at the phone numbers provided on Form DS-3072.
b. Inquiries about repatriation loans should be directed to CGFS at:
U.S. Department of State
Callers from overseas will need to dial the commercial (toll) number; tel. 011-843-746-0592, to contact CGFS/F/RR/RMICD/ARB.
Inquirers can also email that office at FMPARD@state.gov.
c. If a citizen wishes to pay all or part of a repatriation loan, the post should contact CA/OCS/ACS, which will then verify with CGFS/F/RR/RMICD/ARB the current amount of the loan, including interest and penalties. The post will be advised by CA/OCS/ACS to collect the payment due. Posts abroad cannot accept personal checks. Payments must be made at post either by money order, cashier’s check, or cash. Consular sections can post the monies for repatriation loans to fund 19X4107.
NOTE: The “X” is an integral part of the fiscal strip code. Please send CGFS/F/RR/RMICD/ARB a copy of the Form OF-158, General Receipt via email to FMPARD@state.gov no later than 3 business days after the transaction. Or fax to 011-843-746-0556.
e. 8 FAM 501.5-5 provides guidance about resolving CLASS holds for repatriation indebtedness and receipt of payments at posts abroad.
f. CGFS/F/RR/RMICD/ARB routinely pursues debt collection for a repatriation loan incurred by a minor child when the minor reaches 18 by inquiring if the person would like to voluntarily ratify the debt and begin payment. CGFS may officially write-off these types of debts in a specified timeframe. Post must send all documentation to CGFS for consideration at the address above. CA recognizes the importance of CGFS’s efforts to collect outstanding repatriation loans and very much supports those efforts. In such cases, CA encourages CGFS to exercise its discretionary authority to suspend further collection activity regarding such void and voidable loans and loans that have no merit. CA also pays heed to any compassionate aspects related to the original loan application (such as the repatriation of a young, unaccompanied child) in which attempted collection would be against equity and good conscience. CA no longer enters the names of such unaccompanied minors in the CLASS system for indebtedness. When a previously entered name under such circumstances results in a CLASS hit, the name will be removed from the consular lookout system by CA/OCS/ACS, and there will be no impediment to issuance of a passport to the repatriated unaccompanied minor when he/she reaches the age of majority.
4 FAM 493.1 Notices to Debtors
4 FAM 493.2 Referral to Accounts Receivable Office for Collection
4 FAM 493.3 Assessment of Charges
g. The Department’s debt collection efforts may be impaired unless posts put forth their best efforts to obtain the information required under Section 122(d) of the Department of State Authorization Act, Fiscal Years 1984 and 1985 (Public Law 98-164), during the initial contact or interview with a loan applicant. Section 122(d) addresses the administration of the repatriation loan program, and debt collection (see section 7 FAM 351). It provides that the Secretary of State shall:
(1) Require that a loan applicant furnish, at the time of application:
(a) A SSN; and
(b) A verifiable address (for billing purposes);
(2) Require a fully executed written loan agreement which includes a repayment schedule; and
(3) Bar issuance of passports to borrowers who are in default.
7 fam 379 application for further financial assistance while repatriation loan is outstanding
a. EMDA I Former Prisoners Applying for Repatriation: If the applicant received an EMDA I loan as an incarcerated citizen abroad, the subject’s name should have been entered in the CLASS system at the time that loan was issued. If the subject appears at a post abroad to apply for a passport, wishes to return to the United States, and requires and is eligible for a repatriation loan (see 7 FAM 373), the procedures described 8 FAM 501.5 should be followed. The fact that a person was the recipient of an EMDA I loan does not make him/her ineligible for a repatriation loan. The consular officer should adjudicate the application for the repatriation loan in accordance with normal procedures outlined in 7 FAM 375.
b. If a person has received an EMDA II loan previously and has not repaid in full that does not make him/her ineligible for a repatriation loan. The consular officer should determine eligibility under 7 FAM 373 and adjudicate the application for the repatriation loan in accordance with normal procedures outlined in 7 FAM 375. However, approval of such a case would not come under the consular spending authority outlined in 7 FAM 376. Authorization for such a loan would have to be approved by the Managing Director of CA/OCS or the Deputy Assistant Secretary for Overseas Citizens Services. Post must request approval by generating an initial loan cable request (See 7 FAM Exhibit 373), noting the details of the previous outstanding financial obligation in the Remarks paragraph.
c. The recipient of a previous repatriation loan which has not been repaid in full and who applies for a new repatriation loan may or may not be eligible for a new loan. The consular officer should determine destitution under 7 FAM 373 and adjudicate the application for the repatriation loan in accordance with normal procedures outlined in 7 FAM 375. However, approval of such a case would not come under the consular spending authority outlined in 7 FAM 376. Authorization for such a loan would have to be approved by the Managing Director of CA/OCS or the Deputy Assistant Secretary for Overseas Citizens Services. Post must request approval by generating a repatriation loan initial cable request. (See 7 FAM Exhibit 373), noting the details of the previous outstanding financial obligation in the Remarks paragraph.
d. Likelihood of repayment is generally not a factor in adjudicating repatriation loan eligibility. CA does not conduct credit checks on repatriation loan applicants.
7 FAM Exhibit 373
Repatriation Loan Initial Cable Request
FROM AmEmbassy Harare
TO SecState WashDC IMMEDIATE
INFO USOFFICE FSC CHARLESTON IMMEDIATE
DEPT FOR CA/OCS/ACSCA/OCS/MSU
GFS FOR AR
E.O. 13526: N/A
TAGS: CASC, AFIN, CPAS SUBJECT: FIMED: INITIAL REPATRIATION OF JOHN Q. PUBLIC [ISS/HHS ASSISTANCE ANNOTATION AS REQUIRED]
(1) Name/Date and Place of birth (DPOB):
(2) Passport Number date of issuance and expiration date. (Use information collected from PIERS if the subject does not have a passport.)
(3) Source of Funds Contacted: (List at least three)
(a) Name, relationship, address, phone number;
(b)Name, relationship, address, phone number;
(c)Name, relationship; address, phone number.
(4) Prior Post Action: Summarize the efforts post has made to assist the repatriate to date;
(5) Privacy Act Waiver: YES to family waiver; friend waiver, congress waiver.
(6) Total Assistance Required: $2500. (Be sure to note if the domestic travel arrangements and other domestic expenses exceed $3,500 for individual cases);
(7) Desires to Return to U.S.: Yes.
(8) HHS Assistance: YES. (If yes, list the type of assistance the repatriate is seeking such as resettlement, reception, medical/psychological care, etc.)
(9) Date Last Departed U.S.
(10) Last Residence in U.S.
(11) Final Destination (including address if known);
(12) Federal Benefits/SSN: Describe any federal benefits the subject receives or is eligible for/SSN 123-45-6789.
(13) Reason for Destitution.
(15) Present Location.
(16) In Medical Cases;
(a) Attending Physician: (Name, address, phone number, email, English language ability);
(c) Medical Records: (Send a scanned version of the records to the designated ACS Country officer in a separate e-mail)
(d) Hospitalization required: (If yes, describe the type of facility recommended by the attending physician (acute care hospital, rehabilitation facility, mental health facility, etc.))
(e) Medical Escort: (List the type of escort recommended by the attending physician (doctor, registered nurse, nurse assistant, etc.))
(17) Date Able to Travel.
(18) Escort to Final Destination
(19) Special Requirements: [As applicable, include special needs accommodations, durable medical equipment, prescription medications, history of violence, etc.)
(20) Remarks: Provide as complete a case summary about the repatriate as possible. Include CLASS hits that are relevant to the subject's repatriation such as a B or U CLASS hit, and any other relevant information that will influence the repatriation, particularly if ISS/HHS assistance is being requested.
7 FAM Exhibit 376.1
Repatriation Loan Final Report
From AmEmbassy PARIS
GFS FOR AR
E.O. 13526 N/A
TAGS: CASC, CPAS, AFIN
SUBJECT: Repatriation: Final Repatriation Report: William Ferguson
ACTION: SecState WashDC Immediate
Ref: (A) State 357427; (B) Paris 235698
(1) Name: John William Ferguson.
(2) DPOB: March 3, 1954, Missouri.
(3) Reason for Destitution
(4) Total Expended: U.S. dollars 1615.
(b) Returned; and
(c) Fiscal Strip Data.
(5) Subsistence: U.S. dollars 420.
(6) Travel: John William Ferguson and Escort Jean Pierre Avignon $1170. Identify Domestic Cost in US Dollars after clearing U.S. port of entry; itemized per traveler.
(7) Other Expenses: U.S. dollars 25 for taxi to airport.
(8) Final Action: Provide complete itinerary details for each traveler or attach the travel itinerary to the cable. Mr. Ferguson returned to the United States with Dr. Jean Pierre Avignon, medical escort, on August 31, 2007 by Air France flight 123 to New York. Dr. Avignon returned to Paris on September 1, 2007 by Air France flight 456. OR See attached itinerary for Mr. Ferguson and Dr. Avignon.
(9) Social Security Number: xxx-xx-xxxx.
(10) Verified U.S. Billing Address: Care of mother, Mrs. Elaine Ferguson, 12304 Flamingo Road, Merced, California, 12345.
(11) Remarks: Include any pertinent not already furnished to the Department as well as passport action that has been taken. Mrs. Ferguson’s passport xxxxxxxxx issued on February 2, 2006 was annotated with PLES stamp.