12 FAM 120
DIPLOMATIC COURIER DUTIES
(CT:DS-294; 05-10-2018)
(Office of Origin: DS/C/DC)
12 FAM 121 PRIMARY DUTY
(CT:DS-170; 10-19-2011)
Diplomatic couriers accompany classified diplomatic
pouches containing national security-related material in accordance with
Article 27 of the Vienna Convention on Diplomatic Relations. A diplomatic
couriers primary duty is to ensure the inviolability of classified diplomatic
pouches and the unbroken chain of custody while crossing international borders
or at any time he/she is in control of diplomatic material.
12 FAM 122 ACQUIRING CLASSIFIED
DIPLOMATIC POUCH CUSTODY
(CT:DS-279; 09-25-2017)
a. Each classified diplomatic pouch must be invoiced,
labeled, sealed, and prepared in accordance with 14 FAH-4 H-240.
In addition to the list of prohibited contents in 14 FAM 723.2,
a classified diplomatic pouch or diplomatic couriers workbag must not contain
personal items.
b. The originating office prepares Form DS-7600,
Diplomatic Pouch Certification and Receipt, which lists all classified
diplomatic pouches that the diplomatic courier accepts for secure transport to
other posts or the Department.
c. After ensuring that the form accurately documents all
classified diplomatic pouches in the shipment, the accepting diplomatic courier
signs and dates Form DS-7600. The diplomatic courier then uses the form to
obtain signatures of the cleared U.S. citizen employees who receive the
individual classified diplomatic pouches. (See 12 FAM 128 for
policy on acquiring custody of bulk shipments.)
d. Diplomatic couriers must not accept classified
diplomatic pouches that are improperly prepared or documented. (See 14 FAH-4 H-240
for classified diplomatic pouch preparation guidelines.)
e. Bulk loads are referenced in 12 FAM 128.
12 FAM 123 PROHIBITING INSPECTIONS
(CT:DS-294; 05-10-2018)
a. The diplomatic courier ensures the rights and
privileges set forth in the Vienna Conventions are observed to guarantee that
official correspondence of the mission is inviolable. Chief among these is the
stipulation that the diplomatic bag shall not be opened or detained. This extends to the diplomatic bag not being
scanned, x-rayed, "wanded," or subject to any other means of screening
that could provide information about the contents of the diplomatic bag or the
qualities or characteristics of the contents of the diplomatic bag. Inspection
of the exterior of the bag itself, including its markings and seal, is
permitted. In addition, Department policy is that diplomatic couriers should
ensure that the diplomatic bag is not swabbed, sniffed by detection dogs, or
subjected to contact explosive detection.
b. If host-government officials insist on inspecting
(i.e., subjecting classified diplomatic pouches to x-ray, wanding, canine scent detection, metal
detectors, contact explosive detection, etc.) or otherwise
opening a classified diplomatic pouch, the diplomatic courier must make
every attempt to immediately contact the posts regional security officer
(RSO), duty officer, management officer, deputy chief of mission (DCM) or chief
of mission (COM) for assistance. If the local officials persist, the diplomatic
courier must not permit inspection of the
diplomatic pouch and must abort the scheduled stop or layover and either
proceed to the next scheduled stop, or return to the originating post.
c. Except as otherwise provided herein or in 14 FAM 728.1,
neither regional diplomatic courier officer (RDCO), diplomatic courier
supervisor, nor diplomatic courier has the authority to open and inspect sealed
classified diplomatic pouches in transit. Any diplomatic courier may request
the classified diplomatic pouch control officer (PCO) to open transient
classified diplomatic pouches if there is reasonable cause, as outlined in 14 FAM 728.1,
for such a request.
12 FAM 124 Classified diplomatic
pouching Functions
(CT:DS-294; 05-10-2018)
At some posts, diplomatic couriers may perform a full
range of classified diplomatic pouching functions, including the authority of a
classified diplomatic PCO and the opening and closing of classified diplomatic
pouches. The authority is limited to posts with a diplomatic courier presence
(i.e., those posts housing a Diplomatic Courier office) and only with the
Bureau of Information Resource Management (IRM) authorization and Office of the Diplomatic Courier Service (DS/C/DC)
concurrence. (See 12
FAM 123 for the prohibition against opening transient classified diplomatic
pouches.) At posts where there is no diplomatic courier presence, Department
officers assigned (by the Department for domestic operations or post management
at posts abroad) to control the contents of containers documented as classified
diplomatic pouches may act as classified diplomatic PCOs.
12 FAM 125 MAINTAINING CONTROL
(CT:DS-170; 10-19-2011)
a. Diplomatic couriers must maintain visual contact of
their classified diplomatic pouches until delivered or custody is properly
relinquished. (See 12 FAM 126 for
relinquishing control and 12 FAM 127 for
maintaining control with escort assistance when classified diplomatic pouches
are transported in an aircraft cargo hold.)
b. DS/C/DC may require additional diplomatic couriers
to accompany the designated diplomatic courier to any post for any shipment
when needed to ensure the security of classified diplomatic pouches (e.g.,
where host government procedures may separate the shipment from cleared U.S.
citizen control).
c. When classified diplomatic pouches require
overnight or other temporary storage en-route to their destination, the
diplomatic courier must take the diplomatic pouches to a post or military
installation with adequate and approved classified storage facilities, in
accordance with 12
FAM 530. If unable to obtain an individual signature for each classified
diplomatic pouch stored in accordance with 12 FAM, the diplomatic courier must
continue to maintain control of the classified diplomatic pouches.
12 FAM 126 RELINQUISHING CUSTODY
12 FAM 126.1 General Procedure
(CT:DS-294; 05-10-2018)
a. The diplomatic courier must deliver all classified
diplomatic pouches intact to an authorized individual at either port of entry,
a classified diplomatic pouch room, or secure transit point (e.g., the airport
convenient to the addressee post) unless otherwise coordinated. Before
exchanging classified diplomatic pouches, both parties must verify each others
acceptable identification documents (see 12 FAM 152.2).
The diplomatic courier must record on Form DS-7600, Diplomatic Pouch
Certification and Receipt, the valid identification documentation the receiving
individual provides. (See 12 FAM 126.2
for acceptable identification.)
b. Before releasing classified diplomatic pouches, the
diplomatic courier must obtain an individual signature on Form DS-7600 for each
classified diplomatic pouch delivered or left in temporary secure storage,
regardless of the number of classified diplomatic pouches in his/her care. The practice of Line-signing,
or one signature for all items, is not authorized.
This remains true whether signing pouches over to a diplomatic courier or to
another cleared Department employee.
c. The chain of custody of the classified diplomatic
pouches ends when U.S. citizen personnel of a post or the Department with a Top
Secret (TS) security clearance individually signs for the classified diplomatic
pouches on Form DS-7600.
d. When applicable, diplomatic couriers are authorized
to temporarily store classified diplomatic pouches at a transit post or
military installation with adequate and approved classified storage facilities,
in accordance with 12
FAM 530. This process, commonly referred to as safekeeping, allows the
diplomatic courier to store material securely at post without completing a new
Form DS-7600. U.S. Government employees with a verified TS security clearance
are the only personnel authorized to sign for classified diplomatic pouches
with the safekeeping method. The diplomatic
courier must still obtain signatures on the Form DS-7600 before relinquishing custody of the classified
diplomatic pouches.
12 FAM 126.2 Acceptable Personnel
Identification
(CT:DS-294; 05-10-2018)
a. All personnel must first verify the identity of an
authorized individual who receives, delivers, transfers, or dispatches
classified diplomatic pouches. The identification must confirm that the
individual possesses a Top Secret (TS) security clearance.
b. The acceptable forms of identification for U.S.
Government employees are:
(1) A valid diplomatic or official passport (i.e.,
those issued since 1986 indicating employment status on the U.S. diplomatic
passport with the endorsement on the last page that states the bearer is abroad
on official assignment for the U.S. Government);
(2) The Department-issued identification card or
official identification cards issued at posts that conform to the Departments
Smart identification card format and conventions denoting the TS clearance. Other locally issued
or post-specific identification cards are unacceptable;
(3) U.S. Government employees without Department-issued credentials require a
letter from the embassy or consulate RSO verifying the bearers clearance level
presented with the diplomatic or official passport in accordance with 12 FAM 152.2;
(4) An official passport with a letter following the
requirements stated in 12 FAM 126.2,
subparagraph (b)(3);
(5) Department-issued credentials of diplomatic
couriers, special agents, security engineering officers (SEOs) and security
officers;
(6) A United States Agency for International
Development-issued identification card; or
(7) The Department of Defense-issued Form DCS-9,
Defense Courier Division Identification.
(See 12 FAM
Exhibit 126.2.)
c. Provided they have a verified TS security
clearance, U.S. Government employees may exchange classified diplomatic pouches
with diplomatic couriers. Holding a valid U.S. Government identification
listed in 12
FAM 126.2.b, does not verify a current TS security clearance.
d. A post may have hired a local U.S. citizen to serve
as a diplomatic courier escort. The regional diplomatic courier officer (RDCO)
may authorize a classified diplomatic pouch exchange if the local U.S. citizen
presents a tourist passport and an escort letter that complies with the
requirements of 12
FAM 152.2. Posts employing such individuals must notify the appropriate RDCO in a cable that must include the
individuals names, passport numbers, and clearance levels.
12 FAM 127 TRANSPORTING CLASSIFIED
DIPLOMATIC POUCHES
(CT:DS-294; 05-10-2018)
It is the diplomatic couriers primary responsibility to
maintain chain of custody when transporting the classified diplomatic pouch
load. In addition, the diplomatic courier must verify that there is an
accurate piece count at origin and final destination, as well as an accurate piece count each time the
classified diplomatic pouches are moved from one method of conveyance to
another.
12 FAM 127.1 TRANSPORTING
CLASSIFIED DIPLOMATIC POUCHES IN AN AIRCRAFT CARGO HOLD
(CT:DS-294; 05-10-2018)
a. When diplomatic pouches are loaded into the hold of
an aircraft, the diplomatic courier must personally supervise the placing of
the diplomatic pouches into the hold and must remain outside the aircraft
observing the hatch until it is closed and departure is imminent. When the
diplomatic courier must go through airport security, the diplomatic courier is
still responsible for maintaining physical control of the classified diplomatic
pouches. When regulations or procedures prohibit the diplomatic couriers
presence after the diplomatic pouches have been loaded,
the diplomatic courier leaves the security watch of the aircraft hold in the
care of the diplomatic courier escort (see 12 FAM 154), and
they may temporarily delegate classified diplomatic pouch control
responsibility to the diplomatic courier escort. To the maximum extent
possible, the diplomatic courier must return to the tarmac and resume control
of the classified diplomatic pouches. The diplomatic courier should try to be
the last passenger to board and the first passenger to deplane.
b. Diplomatic couriers
and courier escorts at Post must affix reflective tape and diplomatic pouch
seals onto every unit load device (ULD) or container/pallet used for
transporting classified pouch shipments prior to the ULDs being loaded onto the
aircraft. The tape should be wrapped around the container, or, at a minimum,
across the opening and/or affixed as streamers. Diplomatic couriers and
courier escorts must inspect all container(s) before loading, as well as upon
arrival at destination. Seals must be inspected by courier/escorts for signs
of tampering and the courier shall look into the container, if possible, to
confirm diplomatic pouches are secured within it. Couriers/escorts shall also
physically inspect all ULDs for damage, confirm seals are intact, and confirm
the ULD/container numbers match the information provided by the diplomatic
courier or courier escort.
c. On occasion, security conditions at certain
locations dictate that the diplomatic courier escort loads the classified
diplomatic pouches into the aircraft without the
diplomatic courier being present. The diplomatic courier escort must
inform the diplomatic courier that the classified diplomatic pouches are
onboard, and the diplomatic courier must maintain communication with the
diplomatic courier escort to ensure the classified diplomatic pouch load
remains securely onboard the aircraft. If this procedure
is used, the diplomatic courier and diplomatic courier escort must
confirm via telephone, e-mail, or short message service (SMS) text:
(1) The aircraft destination matches the diplomatic
couriers destination;
(2) The departure gate location;
(3) The cargo position and/or container number of the
unit load device (ULDs) and the number of pouches
"loose loaded" and
(4) That the
courier has boarded the aircraft.
d. The diplomatic
courier and the diplomatic courier escort must maintain communication while the
aircraft remains at the gate, when regulations do not restrict such action, or until
the aircraft departs from the gate. If no verbal or telephone communication
between the diplomatic courier and the diplomatic courier escort is possible,
visual confirmation is recommended.
e. To maintain
classified diplomatic pouch security, the diplomatic couriers must identify
themselves to the flight crew and explain the security requirement of
disembarking the aircraft ahead of other
passengers at each stop. The diplomatic courier must proceed directly
to the cargo hold, and safely stand as close to
the aircraft as permitted, to observe the cargo hold.
f. At each
transfer stop, and in the absence of a diplomatic
courier escort, the diplomatic courier must arrange to disembark, take
physical custody of the classified diplomatic pouch load, and arrange tarmac
planeside transfer to the onward flight.
g. The diplomatic
courier escort must meet the diplomatic courier planeside (see 12 FAM 151).
Unless the host government prohibits this
requirement, the diplomatic courier must personally observe the
classified diplomatic pouches while they are unloaded from the aircraft. (See 12 FAM 154.1
for diplomatic courier escorts responsibilities when performing this pouch
oversight.) When required, the diplomatic courier must accompany the
classified diplomatic pouches through Immigration, Customs, and other airport
security procedures.
12 FAM 127.2 TRANSPORTING
CLASSIFIED DIPLOMATIC POUCHES VIA ALTERNATE METHODS
(CT:DS-294; 05-10-2018)
When methods of transport other than aircraft are used,
the diplomatic courier(s) must adhere to the following guidelines:
(1) Travel by truck, van, or automobile:
(a) When the security situation dictates, the diplomatic
courier must contact the regional security officer (RSO) of each country that
he or she will transit to confirm the local security movement policy;
(b) If the security
situation at an international border crossing
warrants it (as determined by the regional security officer),
the courier should not self-drive, but be accompanied by a driver;
(c) Ensure the vehicle remains locked at all times. In
addition, lock all doors of the cargo area, secure with a State Department
pouch seal, and annotate the pouch seal number
on Forms DS-7600, Diplomatic Pouch Certification and Receipt; and
(d) When stopped for rest breaks, park the vehicle in a location that is easy to observe and maintain
visual contact; and
(e) Use a supplied
Personnel Tracker and Locator (PTL) device.
(2) Travel by ship:
(a) Secure the container with a State Department pouch
seal and annotate the pouch seal number on
Form DS-7600; and
(b) If physically accessible, the diplomatic courier
must routinely inspect containers at random intervals
throughout the trip;
(c) Use a supplied PTL
device.
(d) Each ship mission
should be staffed by two individual couriers.
(e) Couriers must be in
possession of a satellite phone during ship missions.
(3) Travel by train:
(a) The diplomatic courier must maintain visual control
of the classified diplomatic pouches at all times; and
(b) Unless the diplomatic courier is hand-carrying one
item or multiple small items, there should be a minimum of two diplomatic
couriers or more when traveling on a
train, as the security situation dictates; and
(c) Use a supplied PTL
device.
(4) If using any other method of transport, DS/C/DC
must provide approval in advance.
12 FAM 128 CONSOLIDATED BULK SHIPMENTS
(CT:DS-170; 10-19-2011)
Bulk classified diplomatic pouch shipments require special
handling and preparation due to the volume and number of pieces.
12 FAM 128.1 Bulk Loads
(CT:DS-294; 05-10-2018)
a. The regional diplomatic courier officer (RDCO) may
determine if operational considerations require the use of un-inventoried bulk
loads.
b. If the assigned diplomatic courier is not present to
supervise the inventory and loading process, the bulk load control officer
(BLCO) is authorized to supervise the preparation of the container or pallet.
The BLCO must prepare and input container
information in the Integrated Logistics Management System, Diplomatic Pouch and Mail (ILMS DPM) module per shipment and maintain
the chain of custody.
c. The diplomatic courier must:
(1) Sign Form DS-7600, Diplomatic Pouch Certification
and Receipt, to acknowledge receipt of the pieces and annotate classified
diplomatic pouches received un-inventoried on this form, and
(2) Acknowledge receipt
of the bulk load by signing the Form DS-7600 or through the ILMS DPM module.
d. When transferring containers from one diplomatic
courier to another, the onward diplomatic courier must:
(1) Sign a supplementary copy of Form DS-7600 to
acknowledge receipt of the pieces and annotate "classified diplomatic
pouches received un-inventoried" on the bulk
load.
e. If container
information is entered into the ILMS DPM, it attests that the diplomatic
courier did not personally inventory the classified diplomatic pouches. Notwithstanding the diplomatic couriers signature on
Form DS-7600, the proxy form
relieves the diplomatic courier from the responsibility
of conducting an initial piece count. It does not relieve the diplomatic
courier from any other responsibilities (e.g., maintaining control of the
classified diplomatic pouches subsequent to acceptance, stated in this
subchapter). (See 12
FAM 150 for the diplomatic courier escorts responsibilities.)
f. After the pouches have been palletized or
containerized, it may be impractical or impossible for the diplomatic courier
to conduct an accurate inspection and inventory of
all the pouches. However, the diplomatic courier should, to the extent
possible, examine and identify as many pouches as possible.
g. Once both the diplomatic courier and BLCO have
signed, Form DS-7600 becomes an official
record of the diplomatic courier's receipt and acceptance of the diplomatic
pouches. The diplomatic courier must submit it to the regional courier office.
12 FAM 128.2 Secure Bulk Loads
(CT:DS-294; 05-10-2018)
a. Unit load device (ULD) containers themselves may
constitute a diplomatic pouch. A container constitutes a secure bulk load when
it conforms to the following requirements:
(1) Only U.S. citizen personnel with Top Secret (TS)
security clearances must load the container in a secure location or facility;
(2) The container must bear a seal number;
(3) Secure
containers must be listed individually on Form DS-7600 separately from the
interior pieces;
(4) When custody
of the containers is transferred to an authorized individual at a secure facility,
the diplomatic courier is not required to inventory the contents (since
inventory responsibility belongs to the personnel opening the container). The
diplomatic courier must obtain a signature on Form DS-7600 for the containers
and keep a copy for his or her records;
(5) The
diplomatic courier must receive a copy of Form DS-7600 after the secure
facility personnel have completed the inventory of the entire pouch load; and
(6) Secure
containers that are unopened, but transferred between U.S. citizen personnel
with TS security clearances, remain secure as long as the container seal has
not been broken and the container remains in the custody of the diplomatic
courier or diplomatic courier escort.
b. If the ULD meets the definition of a crate pouch as
stated in 14
FAH-4 H-213.1-1, the diplomatic courier may accept ULD in the same manner
as any other pouch. Not only must the ULD meet the requirements of a crate
pouch, it must also conform to the provisions in 14 FAH-4
H-213.2, 14
FAH-4 H-213.3, and 14 FAH-4 H-214
regarding pouch tags, seals, and markings, in particular. If the diplomatic
courier, BLCO, or diplomatic courier escort
were not present when the secure container's seal broke during transit (i.e.,
the container was located on the aircraft at the time),
it becomes a non-secure bulk load and handling must meet requirements in 12 FAM 128.3.
12 FAM 128.3 Nonsecure Bulk Loads
(CT:DS-294; 05-10-2018)
a. A load built by uncleared personnel, built in a
non-secure facility, or built both by
uncleared personnel and in a non-secure facility is considered a non-secure
bulk load.
b. When custody of
a classified pouch in a non-secure bulk load is transferred,
the diplomatic courier must oversee the physical inventory of the contents.
The diplomatic courier must obtain a signature on Form DS-7600, Diplomatic
Pouch Certification and Receipt, for each classified diplomatic pouch, and keep
a copy for his or her records.
12 FAM 129 UNASSIGNED
12 FAM Exhibit 126.2
FORM DCS-9, DEFENSE DIPLOMATIC COURIER SERVICE IDENTIFICATION
(CT:DS-170; 10-19-2011)
