6 FAM 540
USE OF FACILITIES
(CT:GS-181; 02-09-2015)
(Office of Origin: A/OPR/CR)
6 FAM 541 ACCESS TO PACKAGED DUTY-FREE
GOODS
(CT:GS-153; 02-20-2007)
(Uniform State/USAID/Commerce/Agriculture)
a. The issue of access refers to the purchase of
packaged duty-free goods at the commissaries and their equivalent for off-site
personal consumption. This refers to all goods, whether consumable or not,
imported under the principal officers name, for which import tariffs are
waived by the host government in accordance with the terms of the Vienna
Convention. Restrictions on access do not refer to opened, single-serve
duty-free goods consumed on-site.
b. In the interest of preserving good relations with
the host government, a conscientious effort must be maintained to bar access
(direct and otherwise) to all persons not authorized under 6 FAM 540 to
utilize such facilities and services. In addition, opportunities for the
illegal purchase and resale of duty-free imported goods to all unauthorized
individuals must be eliminated.
6 FAM 542 U.S. CITIZEN AND U.S.
RESIDENT ALIEN GOVERNMENT EMPLOYEES
(CT:GS-168; 05-17-2012)
(Uniform State/USAID/Commerce/Agriculture)
a. All employee association services and facilities
provided at a post, encompassing access to the purchase of packaged duty-free
goods, are available to certain employees of all civilian and military agencies
of the U.S. Government assigned to the locality abroad under the jurisdiction
of the principal officer, including:
(1) U.S. citizen U.S. Government employees recruited
from outside the host country, and their eligible family members;
(2) U.S. resident alien U.S. Government employees (who
are not local nationals) recruited from outside the host country, and their
eligible family members;
(3) U.S. citizen personal services contractors
recruited from outside the host country and their eligible family members;
(4) U.S. Government employees detailed or on transfer to
international organizations, and their eligible family members; and
(5) TDY personnel on official business.
b. U.S. citizen and U.S. resident alien employees of
contractors funded by U.S. agencies or instrumentalities, or U.S. citizens and
U.S. resident aliens whose presence abroad is for the purpose of implementing
U.S. federally funded programs under the jurisdiction of the principal officer,
and their eligible family members, may also be extended these privileges
(including access to the purchase of packaged duty-free goods) provided:
(1) The use of Government facilities is stipulated in
writing by the contracting officer or other designated official, and such
privilege has been approved by the principal officer;
(2) The contract or program is funded at fifty-one
(51) percent or more by the U.S. Government;
(3) The individuals have been accorded duty-free
import privileges by the host country; and
(4) The practice is not otherwise inconsistent with
the laws of the host country.
NOTE: The principal officer
must request that contractors certify annually that 51 percent of their direct
projects/contracts are funded by the U.S. Government if funding falls below
this level, access privileges must be terminated.
c. With prior approval from A/OPR/CR and A/OPR/OS,
U.S. citizen teachers hired outside the host country for employment at overseas
schools may have, on a limited basis, access to the purchase of packaged
duty-free goods, excluding alcoholic beverages and tobacco products provided
they meet each of the following conditions:
(1) The operation of an American or International
school at post, with at least some American teachers, is in the interest of the
U.S. Government;
(2) Post receives a hardship allowance or is in an
underdeveloped country and U.S. or equivalent Western-type goods are not
available on the local economy or are available, but at an exorbitant cost;
(3) Lack of access to the commissary would create an
unnecessary hardship on the American teaching staff and/or interfere with U.S.
citizen teacher recruitment and retention;
(4) Access by the American teaching staff to the
commissary would not be unduly burdensome to commissary operations:
(5) The host country does not object to such access;
(6) Access to commissary products does not include alcoholic
beverages and tobacco products; and,
(7) Access is provided only to those teachers hired
outside the host country.
d. Locally hired U.S. citizens may be extended access
to the purchase of packaged duty-free goods provided they meet all of the following
criteria:
(1) The individual is resident in the country in which
he or she was hired;
(2) The individual has been hired as either a
direct-hire employee or under a personal services contract;
(3) The host Government has granted the individual
duty-free privileges;
(4) The individual has a work permit (if required by
local law);
(5) Access is only allowed for the duration of
employment with the U.S. Government; and,
(6) The principal officer approves.
e. No personnel except those listed above will have
access to the purchase of packaged duty-free goods. Unless the 51 percent U.S.
Government funding test is met, U.S. citizens and U.S. resident aliens such as
private voluntary organization employees and representatives of private sector
American firms cannot have access to the purchase of packaged duty-free goods,
even if the host government has granted these individuals or their organization
some degree of duty-free import status.
6 FAM 543 FOREIGN SERVICE NATIONAL
EMPLOYEES
(CT:GS-153; 02-20-2007)
(Uniform State/USAID/Commerce/Agriculture)
With the exception of access to the purchase of packaged
duty-free goods, utilization of all other association facilities may be
extended to the U.S Government employees of local nationality, and their
eligible family members, on the approval of the board of directors provided the
practice is consistent with the laws and customs of the host country and the
associations bylaws.
6 FAM 544 THIRD-COUNTRY NATIONAL
EMPLOYEES
(CT:GS-181; 02-09-2015)
(Uniform State/USAID/Commerce/Agriculture)
a. Third-country national direct-hire or contractor
personnel, and their eligible family members, recruited from outside the host
country and relocated to the host country for employment by the U.S. Government
may be extended full employee association privileges, encompassing access to
the purchase of packaged duty-free goods, if:
(1) The principal officer approves;
(2) They have been accorded duty-free import
privileges by the host country;
(3) The contractors receive at least 51% U.S.
Government funding; and
(4) This practice is not otherwise inconsistent with
the laws and customs of the host country.
b. See 3 FAM 7270 for a further definition of third-country
national (TCN) employees as applied above.
c. With the exception of access to the purchase of
packaged duty-free goods, third-country national direct-hire or contractor
personnel, and their eligible family members, recruited in-country for
employment by the U.S. Government may be extended utilization of all other
association facilities upon approval of the board of directors provided the
practice is consistent with the laws and customs of the host country and the
associations bylaws.
6 FAM 545 Third Country Diplomat
Program
(CT:GS-168; 05-17-2012)
(Uniform State/USAID/Commerce/Agriculture)
a. Third country diplomats (TCDs) may be extended
access to the purchase of packaged duty-free goods in accordance with the
Departments Third Country Diplomat Program provided each of the following
conditions are met:
(1) The principal officer approves;
(2) Post requests and receives A/OPR/CR approval to
participate in the TCD Program;
(3) Host government approval has been obtained;
(4) The employee association places a 10% surcharge on
all purchases by TCDs. (These funds must be remitted to post annually to
directly offset utilities expense incurred by the USG in the operation of the
commissary or its equivalent at post);
(5) Revised bylaws are submitted to A/OPR/CR for
approval; and
(6) All foreign missions selected to participate
provide the association with written documentation of the diplomats duty-free
privileges.
b. With the exception of access to the purchase of
packaged duty-free goods, TCDs may be extended utilization of all association
facilities with the approval of the board of directors provided this practice
is consistent with the laws and customs of the host country and the
associations bylaws.
c. Under TCD program provisions and upon A/OPR/CR
approval access may be extended to fully accredited Diplomats of international
organizations. Employee associations must seek A/OPR/CR approval for each
individual international organization and impose the same surcharge required
under 6 FAM 545
paragraph a.(4). Individuals in country on tourist passports may not be
considered for this access.
6 FAM 545.1 Commissary Support
Program
(CT:GS-153; 02-20-2007)
(Uniform State/USAID/Commerce/Agriculture)
Other embassies and international organizations which have
duty-free import privileges may participate in the Commissary Support Program,
provided that the host government has no objection to the association placing
orders on behalf of other duty-free personnel and/or organizations. The
commissary support program does not allow third country diplomats access to
commissary facilities to shop off the shelf but rather allows other
diplomatic missions to place joint orders on behalf of accredited diplomats of
other diplomatic missions. Joint orders provide a means to reduce
transportation and insurance costs. For its services in acting as the
coordinator, the association may charge a fee for placing the joint order(s).
However, the association should ensure that all organizations placing joint
orders are listed on all orders and bills of ladings, and their respective
portions of the order are reported to the customs officials. Once received,
the order should be divided amongst its purchasers. Also, should any illegal
or improper activities evolve and this joint procurement be questioned as a
potential source, the association must immediately cease this joint ordering
practice. Participation in the program by an employee association is not
mandatory.
6 FAM 546 GUEST USE OF RECREATIONAL
FACILITIES
(CT:GS-153; 02-20-2007)
(Uniform State/USAID/Commerce/Agriculture)
a. The board of directors, on a selective basis and in
accordance with local laws and customs of the host government, may grant access
to recreational facilities to invited guests subject to such fees as may be
appropriate for utilization of facilities. Association management must provide
the regional security officer with a list of guests on a regular basis for
review. Guests may be U.S. citizen residents in-country, local nationals,
third-country nationals, third-country diplomats, or other non-U.S. Government
personnel approved by the board of directors, cleared by the regional security
officer and not inconsistent with host-government laws and customs.
b. Each guest should be sponsored by a full association
member (i.e., full-time, direct-hire U.S. Government, U.S. citizen or their
eligible family member) who is responsible for the guests conduct while using
the associations facilities. The sponsoring full member need not personally
accompany the guest while he or she uses the recreation facilities. However,
another full member or association representative must then be present to
monitor the guests use of the facilities. Guests cannot bring their own
guests to the association facilities.
c. The use of the snack bar, restaurant, American
club, and recreational facilities does not allow a guest access to the purchase
of packaged duty-free goods, including alcoholic beverages, cartons of
cigarettes, food products, and/or sundries, for off-site personal consumption.
Access to the purchase of packaged duty-free goods is limited to U.S.
Government employees and other individuals as defined in 6 FAM 540.
6 FAM 547 THROUGH 549 UNASSIGNED