12 FAM 140
DIPLOMATIC COURIER
DOCUMENTATION AND STATUS
(CT:DS-309; 12-14-2018)
(Office of Origin: DS/C/DC)
12 FAM 141 PROFESSIONAL DIPLOMATIC
COURIER LETTERS
12 FAM 141.1 General
(CT:DS-309; 12-14-2018)
a. The Vienna Convention on Diplomatic Relations (VCDR)
requires that diplomatic couriers bear an official document indicating their
status. The Office of the Diplomatic Courier Service (DS/C/DC) provides
professional diplomatic couriers with a letter signed by the Secretary of State
to meet this requirement. This document ensures classified diplomatic pouches
crossing international boundaries are inviolable; may neither be opened nor
detained; and are free from inspection and electronic surveillance, including
x-ray or, canine scent detection, metal detectors, contact explosive detection,
etc.
b. The pouched material must be carried in
appropriately marked and sealed diplomatic containers for the professional
diplomatic courier letter to be effective. The container must bear a
diplomatic pouch tag prepared in accordance with 14 FAH-4 H-214.2.
c. Diplomatic couriers must have their diplomatic
courier letters and diplomatic passports in their possession at all times while
on official travel. (See 12 FAM Exhibit
141.1 for a sample professional diplomatic courier letter.)
12 FAM 141.2 Issuance
(CT:DS-170; 10-19-2011)
a. DS/C/DC must give each diplomatic courier a letter
bearing an official raised seal and the signature of the current Secretary of
State. When a new Secretary of State takes office, DS/C/DC must issue new
diplomatic courier letters bearing the official seal and the new Secretarys
signature.
b. Unless cancelled, a diplomatic couriers letter
remains valid until its expiration date (usually 5 years after issuance).
c. The professional diplomatic courier letter is an
accountable document. Each letter must bear a unique serial number issued by
the Diplomatic Courier Service. The administrative person designated for this
duty at the Washington, DC office must retain a log book. The log must contain
all professional courier serial numbers along with the name of the associated
courier and date of issuance until such time as determined by the Director of
the Diplomatic Courier Service.
12 FAM 141.3 Cancellation
(CT:DS-170; 10-19-2011)
a. DS/C/DC or the regional diplomatic courier officer
(RDCO) must cancel a diplomatic couriers letter when:
(1) A new letter is issued; or
(2) The employee no longer serves as a diplomatic
courier (e.g., when a diplomatic courier retires, resigns, or transfers to
other duties).
b. When cancelled, the diplomatic courier letter may be
returned to the employee, and the cancellation must be reported to DS/C/DC by
memorandum.
c. To cancel a diplomatic couriers letter, the
official seal must be mutilated by perforating it with a machine or writing the
word Cancelled in indelible ink across its face.
12 FAM 142 NONPROFESSIONAL DIPLOMATIC
COURIER LETTERS
12 FAM 142.1 General
(CT:DS-309; 12-14-2018)
a. Nonprofessional diplomatic courier letters serve the
same purpose as professional diplomatic courier letters. The Vienna Convention
on Diplomatic Relations (VCDR) requires that nonprofessional diplomatic
couriers bear an official document indicating his or her status. This document
ensures classified diplomatic pouches crossing international boundaries are
inviolable, may neither be opened nor detained, and are free from inspection
and electronic surveillance, including x-ray or, canine scent detection, metal
detectors, contact explosive detection, etc. (See 12 FAM 536.9-1
for conditions that may warrant a nonprofessional diplomatic courier.)
b. The pouched material must be carried in
appropriately marked and sealed diplomatic containers for the nonprofessional
diplomatic couriers letter to be effective. The container must bear a
diplomatic pouch tag prepared in accordance with 14 FAH-4 H-214.2.
Any deviation from these requirements must be reported as a security incident
to the Office of Information Security (DS/SI/IS) per 12 FAM 228.6.
12 FAM 142.2 Issuance
(CT:DS-170; 10-19-2011)
a. Nonprofessional diplomatic courier letters may not
serve as authority to remove classified or administratively controlled
materials from official premises for posts for overnight personal custody (see 12 FAM 533.1).
Prior to issuance of a nonprofessional courier letter, the proposed courier
must complete a DS/C/DC authorized nonprofessional courier briefing. Contact
posts regional courier office or hub to determine the current authorized
methodology.
b. Once the candidate completes the nonprofessional
courier briefing, the principal officer at post, RDCO, diplomatic courier hub
supervisor, or DS/C/DC may issue a nonprofessional diplomatic courier letter.
(See 12 FAM
Exhibit 142.2 for a sample nonprofessional diplomatic courier letter.)
c. The nonprofessional diplomatic courier letter is an
accountable document. Each letter must bear a unique serial number issued by
the post. It is recommended that the serial numbers commence with the number
001 at the beginning of each calendar year and be maintained separately by
year. The issuing office at that post must retain a log book or journal. The
log must contain the last 5 years (unless the post is newer) of serial numbers
along with the name of the nonprofessional assigned and the date of issuance.
d. Posts must consult with their servicing regional
diplomatic courier office before using a nonprofessional diplomatic courier. A
nonprofessional diplomatic courier is appointed only if the regional diplomatic
courier office or hub is unable to provide a professional diplomatic courier.
Regional diplomatic courier offices provide input and essential briefing
information to ensure the proper execution of a nonprofessional diplomatic
courier mission. Nonprofessional diplomatic couriers traveling by air are
restricted to cabin-carry pouches only and must be direct-hire U.S. citizen
employees with a Top Secret (TS) security clearance and a valid diplomatic
passport (See 12
FAM 113.2)
e. In the Washington area, nonprofessional diplomatic
courier letters are only issued by DS/C/DC at its SA-8 location:
Logistics Operations Center
7000 Loisdale Road
Springfield, VA 22153.
f. A nonprofessional diplomatic courier letter may be
issued to an individual when:
(1) Professional diplomatic courier service is not
available (see section 12 FAM 536.9),
and
(2) The candidate:
(a) Is a full-time, permanent direct-hire U.S. citizen
employee of the mission;
(b) Possesses a TS clearance;
(c) Either has been issued a diplomatic passport or the
DS/C/DC Office Director has approved the individuals use of an official
passport; and
(d) Has completed the nonprofessional courier briefing.
Briefing officers may find reference material on the DS/C/DC Intranet site.
g. Before issuing a nonprofessional diplomatic courier
letter to transport pouches across an international boundary, the issuing
office must notify the DS/C/DC Office Director, RDCO, and destination and
transit posts via priority telegram. The telegram must provide the recipients
sufficient time to intervene before the commencement of travel. It must
include the individuals:
(a) Full name;
(b) Travel dates;
(c) Itinerary, including transit stops;
(d) Trip justification; and
(e) Serial number of the diplomatic courier letter
issued by the post.
h. A nonprofessional diplomatic courier letter is not
required for transporting pouches overland between an embassy and a consulate
or between consulates within the same country if no international borders are
crossed. Notification to DS/C/DC or the RDCO is not required. However, a
nonprofessional diplomatic courier letter may be issued for an in-country trip
if local authorities require one, or the post determines that the letter is
required to ensure the protection of official material. For in-country
overland trips, nonprofessional diplomatic couriers may use an official
passport. For air shipments, refer to 12 FAM 113.2.
i. At posts without a diplomatic courier office, the
principal officer or designee must sign each nonprofessional diplomatic courier
letter and impress it with the posts official seal.
12 FAM 142.3 Conclusion of a
Nonprofessional Courier Trip
(CT:DS-170; 10-19-2011)
a. Upon completion of a trip, the nonprofessional
diplomatic courier must deliver the classified diplomatic pouch directly to the
pouch control officer (PCO) and give the authorizing letter to either the RSO
or the PCO of the post where the pouch was delivered.
b. When ending a nonprofessional diplomatic courier
mission in Washington, D.C., the classified diplomatic pouch must be delivered
directly to the Department of State, Harry S Truman building, room B-437 during
normal duty hours, and room 5440 after regular duty hours and weekends. The nonprofessional
diplomatic courier must submit the diplomatic courier letter to the designated
PCO for cancellation (see 14 FAH-4
H-252.1).
c. When ending a nonprofessional diplomatic courier
mission in Miami, Florida, the nonprofessional diplomatic courier must contact
the RDCO in advance to arrange delivery of the classified diplomatic pouch to
either the Florida Regional Center North or South secure facility location.
The nonprofessional diplomatic courier must submit the diplomatic courier
letter to the RDCO or PCO for cancellation.
d. If the nonprofessional diplomatic courier is
returning to the Continental United States (CONUS) other than Washington, D.C.,
or Miami, Florida, with a classified diplomatic pouch, pre-authorization must
be obtained from the Office of Logistics Management (A/LM) prior to departure
so A/LM can identify and authorize a local PCO.
e. Unless DS/C/DC authorizes further use of the
diplomatic courier letter, the issuing officer must notify the destination
office (if not the same) that the letter is cancelled and note the name of the
responsible officer who was contacted in the issuance log book. The
responsible officer must immediately cut or perforate the seal, or write the
word Cancelled across its face in indelible ink. The responsible officer
must report the destruction of the letter by memorandum to DS/C/DC. Upon
completion of this procedure, the letter may be returned to the employee.
12 FAM 143 DIPLOMATIC STATUS
12 FAM 143.1 Professional
Diplomatic Courier Status While on a Mission
(CT:DS-170; 10-19-2011)
Professional diplomatic couriers enjoy person
inviolability from the time they assume custody of the classified diplomatic
pouch until their return to their duty station. (See paragraph 5 of Article 27
of The Vienna Convention on Diplomatic Relations (VCDR).
12 FAM 143.2 Nonprofessional
Diplomatic Courier Status
(CT:DS-172; 10-19-2011)
Nonprofessional diplomatic couriers maintain person
inviolability only while the diplomatic pouches are under their control. The
immunity ceases once the diplomatic pouches have been signed for by the
receiving post. (See paragraphs 5 and 6 of Article 27 of The Vienna Convention
on Diplomatic Relations (VCDR).
12 FAM 144 THROUGH 149 UNASSIGNED
12 FAM Exhibit 141.1
SAMPLE PROFESSIONAL DIPLOMATIC COURIER LETTER
(CT:DS-170; 10-19-2011)
DEPARTMENT
OF STATE
WASHINGTON, DC
No.: 111
TO ALL WHOM THESE PRESENTS SHALL COME, GREETING:
I, the undersigned, Secretary of State of this
United States of America, hereby request all those whom it may concern to
afford all such facilities as may be necessary to permit
Richard Roe
U.S. Diplomatic Courier
the bearer of official property of the United States of
America between the Department of State at Washington, DC, and the Embassies
and Consulates of the United States of America, to pass safely and freely in
fulfillment of this mission without examination of the official property in
question which is under seal, and in case of need, to provide all lawful aid
and protection.
I further request all whom it may concern to
extend to the holder all privileges and immunities which may expedite passage
on this urgent mission with which said Diplomatic Courier has been charged on
behalf of the United States of America.
This Diplomatic Courier letter is issued only to
individuals regularly employed as Diplomatic Couriers and is given solely for
the purpose hereinbefore indicated. This letter is valid for a period of five
years from date of issue, with the expressed understanding that it will be
returned to the Department of State for cancellation on the termination of the
bearers employment.
In the event of an emergency concerning this
Diplomatic Courier, please contact the Department of State, DS Command Center,
Washington, DC; telephone: (1)(571) 345-3146.
Given under my hand and seal of the Department of
State of the United States of America at Washington this first day of January
in the year of our Lord, Two Thousand and Ten, and the year after the
Independence of the United States of America, the Two Hundred and
Thirty-Fourth.
Secretary of State
of the United States of America
[SEAL]
12 FAM Exhibit
142.2
SAMPLE NONPROFESSIONAL DIPLOMATIC COURIER LETTER
(CT:DS-170; 10-19-2011)
United States Embassy
[Rosslyn,
Zee]
No. [111]
TO ALL WHOM THESE PRESENTS SHALL COME, GREETING:
I, the undersigned United States Ambassador,
hereby request all whom it may concern to permit [John Doe] acting as ad-hoc
Diplomatic Courier between the United States Embassy at [Rosslyn, Zee] and the
[Department of State at Washington, DC], and the bearer of official property of
the Government of the United States of America, to pass safely and freely in
fulfillment of this mission without examination of the official property in
question which is under seal, and in case of need, to provide all lawful aid and
protection.
I further request all whom it may concern to
extend to [Mr. Doe] any or all privileges or facilities that may expedite
passage of this urgent mission.
This letter is authorized solely for the single
journey indicated herein and issued with the expressed understanding that it
must be surrendered to the [Diplomatic Courier Service (DS/C/DC), SA-8,
Department of State] for cancellation. This Diplomatic Courier letter is valid
for a period of [five] days from date of issue.
In the event of an emergency concerning this
Diplomatic Courier, please contact the nearest United States Embassy or
Consulate or the Department of State, DS Command Center, Washington, DC;
telephone: (1)(571) 345-3146.
Given under my hand and seal of the United States
[Embassy] at [Rosslyn, Zee] this [first] day of [January] in the year of our
Lord, Two Thousand and [Ten] and the year after the Independence of the United
States of America, the Two Hundred and [Thirty-Fourth].
[U.R. Ambassadore]
United States Ambassador
[SEAL]