7 FAM 1030
UNITED STATES AS PROTECTING POWER
(CT:CON-818; 07-02-2018)
(Office of Origin: CA/OCS)
7 FAM 1031 PROCEDURES FOR ASSUMING
REPRESENTATION
7 FAM 1031.1 Customary Procedure
for Request
(CT:CON-581; 06-10-2015)
a. As a general rule, a power seeking protection of its
foreign interests makes its request through a diplomatic note to the United
States.
b. If the Department (CA, L/CA, L/DL, DS, and the
regional bureau) agrees to the request, the Department (CA) issues appropriate
instructions to the concerned overseas post. These instructions will normally
include copies of the agreement or exchange of communications.
7 FAM 1031.2 Direct Request to
Posts Abroad
(CT:CON-138; 05-17-2006)
a. If a post receives directly from a foreign power a
request for diplomatic or consular representation, respond by requesting the
foreign power to address the request to the Department through the customary
diplomatic channels.
b. At the same time, report the matter fully to the
Department via telegram, (using, as appropriate, TAGS: CASC, CMGT, CFED, AEMR,
PREL, OFDP, ASEC), including the following information in the report:
(1) The form of protection that the foreign power has
requested, i.e., good offices, formal representation, or some specialized type
of protection such as invoice services;
(2) The specific area in which the foreign power seeks
protection and the approximate volume and nature of protection work that the
foreign power wants the United States to perform;
(3) The origin of the request (whether made at the
direction of the power desiring protection or on the initiative of the
diplomatic or consular representative making the request);
(4) Posts opinion regarding the advantages or
disadvantages of complying with the protection request, emphasizing in
particular any political considerations which might make the protection in
question inadvisable to the Department; and
(5) Whether post believes the local power will agree
to, or acquiesce in, the request.
c. Upon receipt of the report, the Department, if
convinced of the urgency of the situation, may authorize the provisional
exercise of protection pending the receipt of a formal request from the
protected power.
7 FAM 1032 Department Approval and
Emergency Exception
(CT:CON-818; 07-02-2018)
a. The Department (CA, L/CA, L/DL and the Regional
Bureau) must approve posts assuming protection of a foreign interest in
advance, except in extreme emergencies such as natural disasters.
b. When post assumes protection in an extreme
emergency, the post should follow the procedure set forth in 7 FAM 1031.2 for direct requests that post receives from
foreign powers, except that post must report by cable to the Department the
nature of the emergency which justified the assumption of protection without
prior authorization from the Department.
7 FAM 1033 Notification to Local Power
(CT:CON-138; 05-17-2006)
a. An overseas post should promptly notify the local
power through the U.S. diplomatic mission before it assumes protection of a
foreign interest.
b. The local power may grant or withhold agreement to
such assumption of protection. Department will provide specific guidance based
on the facts and circumstances. In some instances, it may be appropriate to
regard silence as sufficient assent without formal agreement.
7 FAM 1034 Report to Department
(CT:CON-407; 06-29-2012)
The post assuming protection of a foreign interest should
notify the Department (CA, L/CA, L/DL and the Regional Bureau) via cable of the
date on which it assumes protection of a foreign interest and the date post
notified the appropriate local power. A copy of the diplomatic note notifying
the appropriate local power should be faxed or scanned and emailed to CA/OCS/L for
record keeping.
7 FAM 1035 JURISDICTION OF OVERSEAS
POSTS
(CT:CON-138; 05-17-2006)
a. Jurisdiction over the protection of foreign
interests attaches to the post rather than to any particular officer assigned
to the post.
b. Once the Department authorizes a post to undertake
the protection of a foreign interest, each succeeding officer assigned to this
work may assume the duties that the function involves without further
authorization from the Department.
c. If responsible officers exercise protection on a
country-wide basis, they should centralize their efforts to the extent
practicable at the principal post.
7 FAM 1036 RELATION OF u.s. OFFICERS TO PROTECTED POWER
7 FAM 1036.1 Responsibilities in
General
(CT:CON-818; 07-02-2018)
a. An officer of an overseas post is never accredited
as a diplomatic or consular officer of a protected power.
b. When the Department assigns an officer the function
of protecting the interests of another government, that officer answers only to
the Government of the United States for the manner in which he/she discharges
this function. Since the Department makes available the officers services to
the protected power solely as a matter of courtesy, the protected power should
not hold either the officer or the U.S. government responsible for services
that the officer performs on behalf of the protected power. The question of
liability is something addressed in the arrangement/agreement.
c. An officer protecting the interests of a foreign
power generally reports to and receives instructions from the Department, which
will in turn, communicate reports to the protected power and ascertain the
wishes of such power regarding services to be performed on its behalf. (See 7 FAM 1031.2).
7 FAM 1036.2 Restrictions on
Actions
(CT:CON-581; 06-10-2015)
An officer protecting the interests of a foreign power
must not perform the following actions:
(1). Perform any duties that involve the acceptance of
a foreign government office;
(2) Display the coat-of-arms or the flag of the
protected power or employ its seal or the seal of any of its diplomatic or
consular offices;
(3) Perform any services or duties on behalf of the
protected power which might be detrimental to U.S. trade or other U.S.
interests. When in doubt, posts should consult with the Department (CA, L/CA,
L/DL and the Regional Bureau);
(4) Perform on behalf of the national of a protected
power any services that are contrary to U.S. policy. The Department will
provide specific guidance regarding Treasury restrictions administered by the
Office of Foreign Assets Control, Executive Orders and other measures. When in
doubt, consult the Department (CA, L/CA, L/DL and the regional bureau); and
(5) Communicate directly on protection matters with
the protected power, unless instructed by the Department to do so.
7 FAM 1037 PROPERTY AND ARCHIVES OF
PROTECTED POWER
7 FAM 1037.1 Responsibility of
Protecting Officer
(CT:CON-138; 05-17-2006)
The Department holds an officer at an overseas post
charged with the protection of the interests of a foreign power responsible for
the custody, care and conservation of the diplomatic and consular property of
the protected power in his area of jurisdiction. The responsible U.S. officer must take steps to inventory, protect, store, and account for diplomatic and
consular property. The consular officer is not an accountable officer with
respect to the protected partys property.
7 FAM 1037.2 Protective Measures
(CT:CON-138; 05-17-2006)
a. When an officer at an overseas post takes custody of
the property of a protected power, the officer should promptly notify the local
authorities of the location of all property of the protected power under the
protection of the U.S. government.
b. The concerned post should affix to the diplomatic
and consular buildings and to possessions left behind by members of the
diplomatic and consular staffs of the protected power, a notice under the seal
of the U.S. mission or consular office stating that the property is under the
protection of the Government of the United States of America.
c. The responsible U.S. officer concerned should make
a survey to determine the possibility of storing the archives and other
property, suitably packed, in a reliable commercial warehouse or other
repository, if the protected power has no diplomatic or consular building in
which the responsible U.S. officer can store the archives and other property.
The responsible U.S. officer must not store the property of a protected power
on the premises of an overseas post without the specific authorization of the
Department.
7 FAM 1037.3 Inventory and
Receipts for Property
(CT:CON-138; 05-17-2006)
When the responsible U.S. officer takes custody of a
protected powers property, the officer should prepare an itemized inventory of
such property. The Department (CA/OCS) will provide specific guidance to the
post regarding preparation of the inventory and record keeping.
7 FAM 1037.4 Sale of Property
(CT:CON-581; 06-10-2015)
a. If it is impracticable to remove automotive
equipment, the responsible officer should arrange a sale in accordance with 14 FAM 410.
b. The U.S. officer should credit proceeds of the sale
as directed per 14
FAM 410.
7 FAM 1038 COMMUNICATIONS RELATING TO
PROTECTION
7 FAM 1038.1 Channeling
Communications
(CT:CON-138; 05-17-2006)
a. An officer of the overseas post responsible for the
protection of foreign interests should normally communicate with the protected
power indirectly, through the Department and the U.S. embassy or consulate in
or near the protected power.
b. Similarly, the protected power communicates with the
responsible officer at the U.S. embassy or consulate through the U.S. diplomatic mission in or near the protected country and the Department.
c. The Department may, at its discretion, authorize
direct communication between the protecting U.S. officer and the U.S. mission in the protected country in exceptionally urgent cases or in routine matters
where the volume of work is heavy.
7 FAM 1038.2 Identification of
Correspondence
(CT:CON-138; 05-17-2006)
All communications from U.S. embassies and consulates
implementing their role as protecting power should use the CMGT tag and bear in
the subject line an identifying phrase, (Name of Country) interests in order
to facilitate the routing of such correspondence in the Department.
7 FAM 1038.3 Signing
(CT:CON-138; 05-17-2006)
Officers at overseas posts protecting the interests of
other governments should sign:
|
(Name), U.S. (Title) in charge of the interests of (Name
of Foreign State)
|
7 FAM 1039 FUNDS AND PERSONNEL FOR
PROTECTING POWER FUNCTION
7 FAM 1039.1 Funds
(CT:CON-138; 05-17-2006)
a. The U.S. Government does not advance funds to
finance the protection of the interests of foreign governments. An officer
taking over the interests of a foreign government should, therefore, report
promptly to the Department by cable a status of funds, both current and
estimated for the remainder of the fiscal year, itemized by major activity. The
officer should develop this estimate in conjunction with the post management
officer, CA/EX, and, if possible, with information provided by the protected
power.
b. The Department will then request the protected power
for a deposit of sufficient funds to cover this estimate.
7 FAM 1039.2 Personnel
(CT:CON-138; 05-17-2006)
a. If the volume of work in connection with protecting
the interests of a foreign government warrants the employment of special
personnel for the purpose or the continued employment of subordinate personnel
previously serving the protected power in the same capacity, the concerned
overseas post should promptly cable its recommendations to the Department.
b. All employees that responsible officers hire in
connection with protecting the interests of a foreign government should be
temporary employees and receive their salaries from the funds that the
protected power previously deposited with the Department or with post.
Compensation is provided in accordance with the post's Local Compensation Plan
and Department regulations and policies governing temporary employment.
c. Post should maintain separate personnel records on
such employees, using for this purpose the same forms used for overseas
employees of the Department with appropriate amendments.
d. The U.S. Government does not charge protected powers
for the services of commissioned officers of the U.S. Government or other
regular employees who receive their salaries from U.S. government funds.