12 FAM 450
SECURITY SUPPORT AGREEMENTS
(CT:DS-304; 10-17-2018)
(Office of Origin: DS/MGT/PPD)
12 FAM 451 MEMORANDA OF UNDERSTANDING
(MOU)
(TL:DS-76; 07-03-2001)
Under the Omnibus Diplomatic Security Act, DS may provide
security services to U.S. Government departments and agencies through the
establishment of Memoranda of Understanding on Security Support Abroad. The
Department has signed MOUs with several agencies.
12 FAM 451.1 U.S. Agency for
International Development (USAID)
(CT:DS-177; 05-23-2012)
The MOU between the Department of State and the U.S.
Agency for International Development (USAID) on Security Support Abroad was
signed on March 24, 2004. Its text is given as 12 FAM Exhibit
451.1.
12 FAM 451.2 U.S. Agency for Global Media (USAGM)
(CT:DS-304; 10-17-2018)
The MOU between the Department of State and the USAGM on Security Support Abroad was signed on
May 21, 2001. Its text is given as 12 FAM Exhibit
451.2.
12 FAM 451.3 Department of Defense
(DOD)
(CT:DS-177; 05-23-2012)
The MOU between the Department of State and the Department
of Defense on Security Support Abroad was signed on September 17, 1990. Its
text is given as 12
FAM Exhibit 451.3.
12 FAM 451.4 Department of Commerce
(CT:DS-177; 05-23-2012)
The MOU between the Department of State and the Department
of Commerce on Security Support Abroad was signed into effect on May 29, 1992.
Its text is given as 12 FAM Exhibit
451.4.
12 FAM 451.5 Department of Navy
(CT:DS-177; 05-23-2012)
The MOU between the Department of State and the Department
of the Navy concerning the use of Naval support unit personnel [Seabees]
assigned to the Departments Security Program was signed on October 17, 2002.
Its text is given as 12 FAM Exhibit
451.5.
12 FAM 451.6 Peace Corps
(CT:DS-177; 05-23-2012)
The MOU between the Department of State and the Peace
Corps on Security Support Abroad was signed into effect on May 11, 2012. Its
text is given as 12
FAM Exhibit 451.6.
12 FAM 451.7 The Centers for
Disease Control and Prevention
(CT:DS-248; 01-04-2016)
The MOU between the Department of State and the Centers
for Disease Control and Prevention Security Support Abroad was signed into
effect on October 26, 2015. Its text is given as 12 FAM Exhibit
451.7.
12 FAM 452 SECURITY OF INTERNATIONAL
CONFERENCES
(TL:DS-76; 07-03-2001)
DS provides security arrangements for international
conferences, foreign and domestic, in which the United States participates and
at which U.S. classified and administratively controlled information is
present.
12 FAM 453 THROUGH 459 UNASSIGNED
12 FAM EXHIBIT 451.1
Memorandum of Understanding (MOU) Between the Department
of State and the U.S. Agency for International Development (USAID) on Security
Support Abroad
(CT:DS-177; 05-23-2012)
I. AUTHORITIES
The Omnibus Diplomatic Security and Anti-Terrorism Act of
1986 (P.L. 99-399) assigns responsibility to the Secretary of State to develop
and implement, in consultation with the heads of other federal agencies,
policies and programs, including funding levels and standards, to provide for
the protection of all U.S. government personnel on official duty abroad, and
the establishment and operation of security functions at all U.S. missions
abroad. To facilitate the fulfillment of this responsibility, other federal
agencies are therein directed to cooperate and assist the Department of State,
through agreement, to the maximum extent possible. The Omnibus Act expressly
identifies types of assistance that may be rendered, such as, logistical
support and security inspections. It also states that federal agencies may
perform other overseas security functions as authorized by the Secretary of
State.
II. PURPOSE
A. In accordance with the above legislation and the policies
established by the Overseas Security Policy Board (OSPB), the undersigned agree
that the Department of State, Bureau of Diplomatic Security (DS) will perform
certain overseas security functions for the United States Agency for
International Development (USAID), and that the USAIDs Office of Security will
cooperate and assist the Department to fulfill this responsibility in the
manner and to the extent hereinafter set forth. The provisions of this
Agreement supersede those contained in previous Overseas Security Agreements
between USAID and the Department of State.
B. Nothing in the following agreement shall derogate
from or be construed to conflict with the authorities and responsibilities of
the Chief of Mission under Section 207 of the Foreign Service Act of 1980 (22
U.S.C. 3927), or to derogate from or conflict with the responsibility of
agencies under section 207 to keep the Chief of Mission fully and currently
informed and to ensure that its employees comply with the applicable directives
of the Chief of Mission.
C. Nothing in this agreement shall derogate from or be
construed to conflict with the authorities and responsibilities of the
Administrator of USAID under Section 587 of P.L. 105-287 to supervise, direct,
and control all security activities relating to the programs and operations of
USAID.
III. POINTS OF CONTACT, TERMS OF REFERENCE AND
ACRONYMS
A. Assistant Secretary of State for Diplomatic Security
(DS). The office in the Department of State responsible for matters relating
to diplomatic security and counterterrorism at U.S. missions abroad.
B. Bureau of Diplomatic Security (DS), Department of
State. The offices of the Department of State that is responsible for the
development and implementation of security policies and programs domestically
and at U.S. missions abroad.
C. Coordinate/Coordination. Refers to the requirement
to notify all concerned parties of specific matters of mutual interest and
solicit their agreement prior to taking action.
D. Consult/Consultation. Refers to the requirement to
notify and discuss with all concerned parties specific matters of mutual
interest prior to taking action on such matters.
E. Controlled Access Areas (CAAs). Controlled access
areas are specifically designated areas within a building where classified
information may be handled, stored, discussed, or processed. There are two
types of controlled access areas: core and restricted. Core areas are those
areas of the building requiring the highest levels of protection where
intelligence, cryptographic, security (generally meaning technical equipment),
and other particularly sensitive or compartmentalized information may be
handled, stored, discussed, or processed. Restricted areas are those areas of
the building in which classified information may be handled and stored.
Classified discussions are permitted but may be limited to designated areas,
depending on the technical security threat.
F. Emergency Action Committee (EAC). An organization
established at a Foreign Service post by the Chief of Mission or principal
officer, for the purpose of planning and coordinating the posts response to
contingencies.
G. Nonstandard Security Equipment and Systems. Those
items of security equipment, which are not in the DS, inventory and are not
maintainable by DS personnel.
H. Overseas Security Policy Board (OSPB). The Overseas
Security Policy Board represents all member agencies at post under the
authority of the Chief of Mission. The OSPB develops, coordinates and promotes
uniform policies, standards and agreements on overseas security operations,
programs and projects which affect U.S. Government agencies under chief of
mission authority. The primary functions of the OSPB or subgroups shall be to
formulate and develop overseas security policies and guidance for official
civilian missions. Implementation of policies adopted by the OSPB shall be the
responsibility of the Department of State through the Bureau of Diplomatic
Security.
I. Regional Security Officer (RSO). The RSO is a U.S.
Foreign Service security officer serving abroad at an embassy or consulate who
is responsible, through the chain of command to a Chief of Mission, for
implementing and managing the Departments overseas security and related law
enforcement programs. The specific geographical regions for which RSOs have
responsibility may include one or more Foreign Service posts.
J. Standard Security Equipment and Systems. Standard
Security Equipment and Systems are security equipment normally in the DS
inventory and maintainable by DS personnel.
K. Physical and Technical Security Services. These
services include the provision and/or installation and maintenance of DS and
USAID-approved physical and technical security equipment and systems.
L. United States Agency for International Development
(USAID), Office of Security (SEC). The office at USAID headquarters that is
responsible for all security functions relating to facilities and personnel in
the United States or abroad.
M. USAID Security Official. USAID Security Official is
the Director of the Office of Security (SEC), USAID.
N. Security Engineering Officer (SEO). The SEO is a
U.S. Foreign Service security officer serving abroad at an embassy or consulate
who is responsible, through the chain of command to a Chief of Mission, for
implementing and managing the Departments overseas technical security
programs. The specific geographical regions for which SEOs have responsibility
may include one or more Foreign Service posts.
IV. PHYSICAL, TECHNICAL AND PROCEDURAL SECURITY
A. Security Analysis Services.
(1) DS will provide to SEC, in a timely manner,
information pertinent to USAID security. Such information will include, but
not be limited to: threat reports and analysis, approved modifications to DS
security standards, and updates on DS approved security products, systems or
designs.
(2) Overseas, the Regional Security Officer (RSO) will
advise, through DS, the respective USAID and SEC of any specific threat
information concerning USAID facilities or personnel, and specify the security
measures taken or planned to counter such threats. The RSO will also inform the
USAID Mission Director, and SEC through DS, of any general threat information
concerning the U.S. community at post.
(3) DS, through the responsible RSO and SEO, will
provide or direct physical, technical, and procedural security services at all
USAID posts overseas.
B. Standards.
(1) DS has the responsibility for developing and
issuing physical, technical, and procedural security standards, in coordination
with the members of the OSPB, and identifying approved security equipment which
will enhance the security of all employees of the foreign affairs agencies and
all new and existing installations of U.S. missions abroad.
(2) It is the policy of the Department of State to
accord security protection on an equitable basis to all U.S. citizen employees
of U.S missions abroad. Any differences in the level of security provided to
individuals or categories of employees must be based on specific higher threat
levels placed on those employees and must be recommended by the Emergency
Action Committee.
(3) USAID recognizes the security standards
established by the Foreign Affairs Handbook, 12 FAH-6 OSPB Security Standards
and Policy Handbook and agrees to implement those standards at all USAID missions
abroad. If a USAID mission seeks to have more stringent security measures, the
USAID mission will notify the Regional Security Officer of the proposed
security measure. Such changes will be handled in accordance with procedures
in the OSPB Security Standards and Policy Handbook. Any costs associated with
approved security upgrades will be borne by USAID through established funding
mechanisms between USAID and DS as described in Section VIII of this agreement.
(4) Existing physical and technical security equipment
may be modified whenever improved deterrents are identified. Physical and
technical security equipment will undergo certification testing by U.S.
Government agencies and commercial testing laboratories that have been approved
by DS. Testing will be done in accordance with DS-approved test procedures and
performance criteria, to ensure that such equipment conforms to established
physical security standards.
C. Surveys. DS will conduct, on a regular basis,
complete physical, personnel security and procedural surveys of USAID missions
and facilities. The RSO will notify the USAID Mission Director or the Director
of SEC prior to conducting a survey of USAID facilities. SEC may participate
in all or part of the survey after coordinating with the RSO. New surveys will
be conducted according to DS policy or whenever major changes occur in the
physical structure, size, or location of space occupied by USAID in separate
facilities. These changes may include, but are not limited to, completion of significant
physical security improvements, acquisition of additional space in the same
building, leasing of additional office space in another building, or relocation
of the USAID mission to a new site. Copies of these surveys will be forwarded
to SEC for review/concurrence with survey recommendations.
D. Local Guard Program. The RSO will manage the guard
force assigned to USAID mission facilities and residences. Appropriate guard
and watchman procedures for the above locations will be established and documented
in the form of written guard orders, copies of which will be provided to the
USAID Unit Security Officer (USO). USAID will fund its guard force through
ICASS or other mutually agreed upon arrangement.
E. Marine Security Guards. Marine Security Guards in
rare circumstances may be assigned to USAID facilities. Such assignment must be
deemed to be warranted by DS and SEC, approved by the MSG Battalion and is
subject to other considerations such as the establishment of positions by the
Department of State and the availability of Marine Corps personnel.
F. Security Radio Program. SEC will administer the
USAID security radio program in support of all USAID direct-hire and U.S.
contractor personnel, regardless of location. The radios provided by SEC will be
fully compatible with the Department of State emergency and evacuation system.
G. Security Program Inspections. SEC will conduct
periodic security inspections of USAID office facilities, residences, and
warehouses, to evaluate compliance and assist USAID in developing methods and
strategies for meeting OSPB security standards and regulations. In support of
these inspections, Regional Security Officers will make available to SEC such
locally held files and information pertaining to USAID security as may be
required.
H. Residential Security. The RSO will establish and
implement a residential security program applicable to all United States
Government personnel under the authority of a Chief of Mission. The level of
protection provided to USAID direct-hire U.S. citizen residences will be
consistent with approved OSPB Residential Security standards.
I. Technical Surveillance Counter Measures
Inspections. SEOs will include the USAID missions in routine technical
security countermeasures (TSCM) inspections of controlled access areas, where
the technical threat warrants such routine inspections as directed by the RSO.
J. Storage of Classified Materials. USAID missions
may store classified materials up to an authorized security classification
level, in accordance with Security Standards (12 FAH-6 H-500) for
the Storage of Classified Information at posts abroad. At facilities approved
by DS for storage of classified information, SEC, in consultation with the RSO,
will designate controlled access areas and establish supervisory controls over
the distribution and storage of classified and administratively controlled
materials.
K. Forced Entry/Penetration. All instances involving
the physical penetration of the USAID mission, including unauthorized entry or damage
to property, as well as possible compromise of classified information, will be
reported by the Senior USAID Official at post to the RSO and the Chief of
Mission. The RSO will conduct appropriate investigations and provide full
details of the incident, as well as any follow-up action, to the Chief of
Mission and the Senior USAID Official. The RSO will also inform DS and SEC
via telegram to the Department of State. Suspected technical security
penetrations and hazards discovered by the Senior USAID Official will be
reported to the RSO for appropriate action. If a SEO inspection of the USAID
mission reveals a technical security penetration or hazard, a report will be
provided expeditiously to SEC through DS, under the provisions of the Director
of Central Intelligence (DCI) Procedural Guide I-II-III.
L. Security Incidents. SEC and DS will establish
security violation reporting procedures for incidents at the USAID missions
consistent with those specified in relevant DOS regulations and policies. The
RSO shall report all USAID classified material incidents to DS. Within seven
(7) days after receiving a USAID incident report from an RSO, DS will report
the incident to SEC for further processing.
M. Security Training and Orientation. The RSO will
include USG personnel assigned to USAID missions and, where appropriate, their
dependents in training and briefings, crisis management drills and in the
dissemination of security awareness materials. SEC may request training and
briefings for others, including independent contractors.
N. Unit Security Officers. The USAID Unit Security
Officer (USO) will be responsible for the conduct of daily physical, technical
and procedural security services for the USAID mission and will assist the RSO,
as requested, in SEC investigative activities. The USO will receive security
training and seek guidance from the RSO in the execution of security functions
for the USAID mission.
O. Reports. Copies of routine reports or
correspondence pertaining to all activities conducted by or under the direction
of the RSO, dealing with the USAID missions physical, technical, or procedural
security matters, will be furnished through mission channels and DS, to SEC.
Recommendations for correcting deficiencies will be included in such reports.
Alerts, security incidents, or notices of threats to U.S. personnel and
facilities under the authority of a Chief of Mission and to the USAID missions
or personnel will be provided to SEC by secure cable. Similarly, SEC will
provide copies of correspondence to DS headquarters and RSOs when communicating
on such matters related to the USAID missions.
P. Installation, Maintenance and Upgrades of Security
Systems. Initial installation of technical security systems at USAID
facilities will be funded by USAID and performed by USAID personnel. By USAID
request, DS will survey USAID facilities at missions being considered for DS
Technical Security Upgrades (TSU). DS may design and install USAID technical
security systems or lifecycle upgrades at State TSU sites on a cost
reimbursable basis.
DS technical security personnel subject to RSO priorities
will provide routine maintenance and repair labor for DS standard technical
security systems at USAID facilities. The parts needed to maintain such
systems will be provided to DS personnel by USAID or provided by DS on a cost
reimbursable basis by USAID by mutual agreement prior to performing the work.
Technical security systems determined by DS to be beyond the equipment
lifecycle (equipment failure, obsolescence, the inability to obtain parts or
systems not meeting current FAM or OSPB standards) will be replaced as noted
above for initial installations.
The maintenance of non-standard equipment, which is not in
DS inventory, will be the responsibility of the USAID missions utilizing the
equipment. In cases where the USAID missions require technical equipment or
configurations, which are non-standard to the DOS inventory, the USAID mission
will procure, install and maintain the equipment at its own cost. Non-standard
technical equipment will only be used if an SEO certifies that it will not
interfere with any standard DOS equipment installed and such equipment meets
FAM and OSPB standards. SEC, with DS concurrence, may contract separately for
maintenance of security systems at remote sites that require extensive
maintenance of a timely and frequent nature.
Q. Requests for RSO Assistance. Requests from a USAID
mission to the RSO for physical, technical and procedural security assistance
not addressed elsewhere in this MOU will be cleared through the Deputy
Assistant Secretary for Diplomatic Security and Director, Diplomatic Security
Service, International Programs (DS/DSS/IP) and USAID/SEC.
R. Armored Vehicles. In the event that a USAID mission
requires armored vehicles, the level of protection provided will be consistent
with approved OSPB Armored Vehicle standards. DS will conduct inspections of
USAID armored vehicles during production on a cost reimbursable basis.
V. PERSONNEL SECURITY INVESTIGATIONS.
A. DS will conduct personnel security investigations,
pursuant to Executive Order 10450 and [Executive Order] 12968, on U.S. citizens
who are applying overseas for direct-hire and contract positions in USAID.
When requested by SEC, DS will also conduct personnel security investigations
of U.S. citizen direct-hire and contract personnel serving overseas. All such
investigations will be scheduled through DS.
B. The RSO will conduct an appropriate investigation on
non-U.S. citizen applicants for positions with USAID and, if appropriate,
certify them as acceptable for employment. The USAID Unit Security Officer
(USO) will assist the RSO or Post Security Officer (PSO) in the conduct of
these investigations when so requested. The closest cooperation will be
maintained between the RSO and PSO and the USAID USO to facilitate
accomplishment of local investigations in the most effective way.
C. The RSO will conduct required investigations for the
USAID Mission Director in matters concerning alien contractors and alien contractor
personnel. The scope of coverage will be determined by the RSO and will be
consistent with DS guidelines.
D. The RSO will conduct investigations on intended
non-U.S. citizen spouses and cohabitants of U.S. citizen USAID employees when
tasked to do so by DS.
E. When the RSO receives reports or allegations bearing
on the security or loyalty of USAID employees, the RSO shall communicate this
information to DS. DS will advise SEC in a timely manner and provide
investigative guidance to the RSO. Except for emergency situations, or at the
direction of the COM, the RSO will not initiate an investigation of USAID
personnel without DS approval.
F. In the event that DS receives reports or
allegations reflecting adversely on the suitability of USAID U.S. employees
overseas, the RSO will immediately communicate this information to SEC, via DS,
for determination of investigation requirements.
G. Except for emergency situations, no USAID U.S.
citizen employee under investigation by the RSO shall be confronted in an interview
situation without approval and instruction from DS following consultation with
SEC.
H. The RSO will provide detailed reports of all
security investigations conducted for USAID. All routine personnel security
investigations will be forwarded to USAID through DS.
VI. TRAINING SERVICES
A. The USAID USO will be trained and assisted in
security matters by the appropriate Regional or Post Security Officer.
B. The RSO will include USAID U.S. direct-hire and U.S.
contractor personnel in all security training and briefings and provide them
with appropriate security briefing materials.
VII. ISSUE RESOLUTION
Should a conflict arise between USAID Mission Officials
and DS Security Officers concerning the substance or interpretation of security
matters, the issues in question will be forwarded to DS and SEC for resolution.
VIII. BUDGET AND REIMBURSEMENT
A. The Department of State will provide the services
delineated in this agreement without cost except as otherwise specified in the
agreement. USAID will reimburse the Department of State for any expanded level
of such services, or any additional type of security provided by the Department
of State, as requested by USAID or as agreed prior to provision of such
expanded or additional services. Reimbursement will be handled by the budget
offices of DS and USAID, through standard procedures for reimbursement for
services rendered.
B. USAID will coordinate fully with DS to develop USAID
specific overseas security resource levels. USAID will incorporate this request
for security funding as a part of their budget submission.
C. All provisions of this MOU are subject to
availability of appropriated funds.
IX. IMPLEMENTATION AND TERMINATION
This Memorandum of Understanding will become effective
upon signature by the representatives of the Department of State and the Agency
for International Development named below. It will be included in the official
security policy manual of the Department of State; Volume 12 of the Foreign
Affairs Manual series entitled Diplomatic Security. The MOU will remain in
force until sixty days after notification by either party of its intention to
terminate the agreement.
_______/s/__________ _________/s/_____________
C. Michael Flannery Ambassador
Francis X. Taylor
Director of Security Assistant Secretary for
U.S. Agency for International Diplomatic Security
Development Department of State
Date: March 23, 2004___ Date:
March 24, 2004___
12 FAM EXHIBIT 451.2
Memorandum of Understanding (MOU) Between the
Department of State and the U.S.
Agency for Global Media (USAGM) Concerning
Security Support Abroad
(CT:DS-304; 10-17-2018)
I. AUTHORITY AND PURPOSE
The Department of State enters into this Memorandum of
Understanding pursuant to the authority and responsibility of the Secretary of
State over security matters as set forth in the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (P.L. 99-399). The Act requires the Secretary of
State, in consultation with the heads of other U.S. agencies having personnel
at U.S. missions abroad, to develop and implement policies and programs,
including funding levels and standards, in order to provide for the security of
United States Government operations of a diplomatic nature. Such
policies/programs shall include:
(1) The protection of all U.S. Government personnel on
official duty abroad and their accompanying dependents, other than those
personnel under the command of a United States area military commander; and
(2) The establishment and operation of security
functions at all U.S. Government missions abroad, other than facilities or
installations subject to the control of a United States area military
commander.
Nothing in this agreement shall derogate from or be
construed to conflict with the authorities and responsibilities of the Chief of
Mission under law and Presidential directive or/and Presidential Letter of
Instruction and under Section 207 of the Foreign Service Act of 1980 and the
United States International Broadcasting Act of 1994, as amended.
The Secretary has directed that the Assistant Secretary
for Diplomatic Security be responsible for the implementation of the diplomatic
security program. The Bureau of Diplomatic Security will coordinate the
development of security standards and policies affecting all personnel at U.S.
missions abroad through the Overseas Security Policy Board (OSPB) or its
successor. The USAGM will be represented
as a voting member of the OSPB and will be subject to the policies promulgated
by that body. As such, the USAGM will
rely on the expertise and assistance of the Regional Security Officers (RSO) in
the provision of security support.
The Omnibus Act requires other federal agencies to
cooperate, to the maximum extent possible, with the Secretary of State through
the development of interagency agreements on overseas security. Such agencies
may perform security inspections and provide logistical support relating to
their differing missions and facilities, and perform other overseas security
functions as may be authorized by the Secretary, with or without reimbursement.
II. GENERAL ISSUES
Existing Policy
Department of State policy that is applicable to all
agencies under the Chief of Mission Authority is applicable to the USAGM. In particular, the OSPB Security
Standards and Policy Handbook (12 FAH-6), the Physical Security Policy for
Voice of America Correspondents (12 FAH-6
H-521.2) and the Information Security Regulations in 12 FAM 500 and 600 are
applicable to USAGM personnel, facilities
and operations abroad.
The USAGM will
represent the security interests for facilities covered by this MOU to include,
but not be limited to, the overseas offices and bureaus of the Voice of America
and the transmission stations and affiliate offices of the International
Broadcasting Bureau.
Points Of Contact
A. Regional security officer (RSO) For each post,
there is an RSO responsible for the physical, technical and procedural security
of all U.S. Government agencies under the authority of the Chief of Mission
overseas, including, USAGM personnel and
facilities. The RSO is the point of contact (POC) for security matters at post
for the USAGM station Manager.
B. Station Managers - The USAGM Station Managers or designated alternates,
will serve as the POC to RSOs for all security matters at post.
C. DS Headquarters The DS Office Director responsible
for the particular program of concern to USAGM
will serve as the POC for the USAGM
Security Director. In the absence of the respective Office Director, contact
will be elevated to the Executive Director, DS.
D. USAGM
Headquarters The USAGM Security Director
will serve as POC in Washington, DC, for all overseas security related issues
between the USAGM and DS Headquarters.
Security Issues at Post.
If security issues not covered in this MOU arise at post,
or if there is an issue concerning the substance or interpretation of this MOU,
the USAGM Station Manager and RSO will
attempt to resolve the issue at post. Unresolved matters will be referred to
both the USAGM security director and DS
headquarters for resolution.
III. PHYSICAL, TECHNICAL AND PROCEDURAL SECURITY
ISSUES
In accordance with the Omnibus Diplomatic Security Act,
the Department of State and USAGM agree to
the following provisions regarding security services and procedures.
Standards.
A. DS has the responsibility for developing and issuing
physical, technical, and procedural security standards, and identifying
approved security equipment, in consultation with USAGM and other federal agencies. Existing
security standards may be modified, in consultation with the OSPB whenever
improved deterrents are identified.
B. Physical and technical security equipment will
undergo certification testing by U.S. government agencies and commercial
testing laboratories that have been approved by DS. Testing will be done in
accordance with DS-approved test procedures and performance criteria to ensure
that such equipment conforms to established security standards.
C. The Department recognizes the international
broadcasting mission of USAGM and the
unique circumstances of Voice of America (VOA). OSBP Standards (12 FAH-6)
provide applicable procedures and guidelines for the security of Department of
State installations abroad and other Federal agencies under the Chief of
Mission authority.
Surveys.
A. DS will be responsible for conducting physical,
technical, and procedural security surveys of all USAGM overseas facilities on a non-reimbursable
basis. Regional security officers conducting the surveys will make
recommendations based upon established security standards and advise the senior
USAGM official at post of any weaknesses
or deficiencies noted in the course of such surveys.
B. With respect to the USAGM
and OSPB approved policy that VOA correspondents be viewed by their press
colleagues as independent reporters and not as members of the official U.S.
Mission, security requirements of the RSO for VOA correspondents should be
handled on a case-by-case basis in accordance with 12 FAH-6
H-521.2.
C. Similarly, in accordance with 12 FAH-6
H-521.2, the RSOs will not include offices of VOA correspondents in their
routine physical security surveys of USAGM
facilities. However, at the correspondents request, the RSO may conduct
informal advisory visits to offices and residences for the purpose of identifying
security deficiencies and recommending remedial action.
Security Program Inspections
USAGM may conduct
periodic inspections of its facilities abroad. Further, USAGM may review the adequacy of the local
guard, residential security, or other security services provided to the USAGM. On such occasions, the RSO shall make
available to the USAGM such locally held
files and information pertaining to the USAGM
as may be required. USAGM will provide DS
with copies of the final reports of security inspections made by its personnel.
Prior to departure from the post, the USAGM
official conducting the inspection will review the recommendations or issues
with the RSO. RSO approval must be obtained before implementing any security
program changes.
Local Guard Program
A. With the exception of any independently funded
locations, all USAGM local guards continue
to be funded from the DS Local Guard Program. Guards funded independently
under contract with the USAGM will be
converted to State Department contracts with base funds transferred to DoS or
alternatively, will be funded by USAGM
through an annual reimbursement to the Department.
B. The RSO shall establish, implement and manage local
guard procedures necessary for the security of USAGM
facilities.
C. In the case of VOA relay stations at remote sites,
the Station Manager may be designated the unit security officer and contracting
officers Technical Representative and, as such, will supervise day-to-day
activities of the local guard program at the facility under the overall
direction of the RSO. In those cases, where necessary and practical, DS may
let a separate contract for guard services at remote facilities. (See unit security
officer paragraph, Page 12)
Armored Vehicles
USAGM may utilize the
Departments armored vehicle contract. USAGM
will follow OSPB policy on the deployment of armored vehicles. USAGM will fund all costs related to its armored
vehicles including purchase, armoring, shipping and maintenance and repairs.
Forced Entry/Penetration
All instances involving physical penetration of a
building, including unauthorized entry or damage to property, as well as
possible compromise of classified information, will be reported by USAGM to the RSO. The RSO will conduct
appropriate investigations and provide USAGM
with the full details of the incident as well as any follow-up action.
Suspected technical security penetrations discovered by USAGM personnel will be reported to the RSO for
appropriate action.
Restricted Areas
At facilities with appropriate physical and technical
security countermeasures that are approved for storage of classified
information, the RSO will designate restricted areas and establish supervisory
controls over distribution and storage of classified and administratively
controlled materials.
Training and Orientation
The RSO will include USAGM
personnel in all security training and briefings programs and appropriate
crisis management drills at post.
Unit Security Officers
Where determined to be of practical operational value and
in consultation with the RSO, the USAGM station
manager may be directly appointed or may appoint a unit security officer. The unit
security officer will be responsible for the conduct of daily physical,
technical and procedural security services for USAGM.
The unit security officer will be trained, guided and supervised by the RSO in
the execution of security functions. Based upon RSO instructions, the unit security
officer will report all security incidents directly to the RSO.
Reports
Copies of routine reports or correspondence pertaining to
activities conducted by or under the direction of the RSO dealing with USAGM physical or procedural security matters,
will be furnished through DS to USAGM.
Recommendations for correcting deficiencies as well as corrective action taken
will be included in such reports. The RSO will immediately provide information
to the USAGM station manager about alerts,
security incidents, or notices of threats to personnel and facilities.
Installation and Maintenance of Security Systems
Subject to survey recommendations, DS will support, on a
reimbursable basis, the installation of standard security systems at USAGM facilities upon request, either by using security
engineering officers, Seabees, security technician specialists, security
engineering contractors or other cleared U.S. contractors. New systems if
connected to any DoS system should not interfere or degrade the security of
current systems. The maintenance of standard DS technical security equipment
at USAGM facilities will be included in
the DS Security Equipment Maintenance Program (SEMP) on a reimbursable basis.
Nonstandard equipment will generally be replaced, on a reimbursable basis, vice
repaired if unusual maintenance problems or expenses arise. In cases where USAGM requires technical equipment nonstandard
to the DoS inventory, USAGM will procure,
install and maintain the equipment at its own cost. Non-standard technical
equipment will only be used if DS Engineering certifies that it will not
interfere with any standard DoS system installed. With DS concurrence, USAGM may contract separately for maintenance of
procured and installed security systems at remote sites.
Security Upgrade Projects
DS will provide security oversight for USAGM overseas security projects to include
those left partially completed by USIA upon integration with the Department.
Security oversight will be carried out by the RSO and will be limited to site
surveys, advice on security projects, specifications, and assistance to the USAGM and the post relating to contract
issuance. Project quality assurance will be a joint effort of the USAGM unit security officer, the GSO and the RSO.
Construction will be done under contract. Funding for USAGM security upgrade projects will be the
responsibility of USAGM. Oversight and
guidance by the Department of these projects will be done on a non-reimbursable
basis.
Requests for RSO Assistance/Joint Inspections
Requests from USAGM
to the RSO for physical, technical and procedural security assistance not
addressed elsewhere in this MOU will be cleared through DS headquarters. In the
event of a problem with security services provided by the RSO to the USAGM, and when attempts to resolve the problem
in consultation with the RSO have failed, USAGM
may bring its concerns to both DS and USAGM
headquarters for resolution.
Residential Security
The Omnibus Act of 1986 provides authority for a
residential security program applicable to personnel of all foreign affairs
agencies. The Departments residential security policy provides equitable
treatment/coverage to all U.S. Government personnel at posts, in accordance
with prevailing threat assessments and the OSPB-approved security standards (12
FAH-6). DS will budget for and fund all physical security countermeasures for USAGM residential security.
IV. INVESTIGATIONS
A. DS has the responsibility for security
investigations of U.S. citizen applicants, alien spouses, alien applicants,
employees and contractors of USAGM at U.S.
missions abroad. RSOs will also provide overseas investigative support on USAGM cases. All requests for investigations
will be channeled through DS headquarters to the RSO. DS will perform these
investigations on a non-reimbursable basis.
B. Copies of investigative reports, contact reports and
correspondence relating to investigative support of USAGM matters or personnel will be furnished to
the USAGM via DS headquarters.
C. USAGM may, at
its discretion, dispatch personnel from its headquarters staff to inquire into
a USAGM investigative matter. All such
activity will be coordinated in advance with the RSO through DS headquarters.
U.S. Citizens
A. Overseas, U.S. citizen contractors and employees of USAGM will be investigated by the RSO upon the
request of the USAGM Security Office
through DS.
B. At the direction of the Chief of Mission, overseas
U.S. contractors and employees will be investigated by the RSO when allegations
or complaints of a security nature are received. Following initial or
preliminary inquiries but prior to initiating an official investigation of any USAGM employee, the RSO will report the case to
the USAGM Security Office via DS.
Non-U.S. Citizens
A. The RSO and USAGM
station manager at post will insure that all non-U.S. citizens proposed for
contractual status or employment are investigated in accordance with
established procedures. The RSO will issue a certification for employment in
each approved case. Investigations should be completed prior to employment or
execution of a contract. However, such persons may be employed on an interim
basis upon completion of a satisfactory local investigation and temporary
certification by the RSO. Continued employment will be contingent upon
satisfactory results of a completed investigation. Employees and contractors
are to be reinvestigated and certified every five years.
B. Allegations of misconduct against alien employees or
non-U.S. citizen contractors will be investigated by or under the direction of
the RSO. Detailed reports of such investigations shall be forwarded to the USAGM Security Office through DS. The results of
such investigations shall be the basis for a determination by the RSO of
corrective action to be taken. The RSO may refer to the USAGM Security Office, through DS, any cases for
which the RSO believes a decision should be made by Washington.
C. The RSO, with the cooperation of the USAGM station manager at post, will ensure that
every non-U.S. citizen who requires access to administratively controlled
information is properly investigated and certified.
D. Security checks and/or investigations of domestic
staff of USAGM employees will be conducted
consistent with post policy.
E. Investigations of alien spouses or proposed alien
spouses of U.S. citizen employees will be conducted consistent with State
Department personnel policies stated in Volume Three of the Foreign Affairs Manual
(3 FAM).
V. BUDGET AND REIMBURSEMENT
A. USAGM will
continue to be included in the formulation of the DS annual security budget.
Based on justifications submitted by USAGM,
DS will support requests for security equipment.
B. Reimbursement for security services rendered by the
Department of State will be controlled by the budget offices of DS and USAGM using accepted reimbursement principles
and procedures.
VI. IMPLEMENTATION AND TERMINATION
This Memorandum of Understanding will become effective
upon signature by both agencies until notification by either party, sixty days
in advance, of their intention to terminate the conditions of the agreement.