2 FAH-2 H-100
POST MANAGEMENT ORGANIZATION
2 FAH-2 H-110
CHIEF OF MISSION AUTHORITY, sECURITY rESPONSIBILITY AND
OVERSEAS STAFFING
(CT:PMO-11; 02-26-2019)
(Office of Origin: M/PRI)
2 FAH-2 H-111 INTRODUCTION
2 FAH-2 H-111.1 Objective
(CT:PMO-6; 04-20-2017)
This handbook will:
(1) Define Chief of Mission (COM) authority over, and
responsibilities to, U.S. Government employees, positions, operations, and
activities overseas as specified in relevant Presidential Directives and
legislation noted in 2 FAH-2 H-112
and 2 FAM 113.
(2) Guide you in determining who is under COM
authority and security responsibility at a mission.
(3) Explain the mutual responsibilities of the COM and
those personnel under COM authority, including rightsizing, staffing, and
country clearance.
(4) Explain what COM security responsibility is and
how it affects different categories of personnel abroad.
(5) Provide additional guidance in exhibits on how to
determine COM authority and control mission staffing and keep track of
personnel subject to COM security responsibility.
2 FAH-2 H-111.2 Authorities
(CT:PMO-6; 04-20-2017)
a. Foreign
Service Act of 1980 (Public Law 96-465) Section 207 (22 U.S.C. 3927).
b. Foreign Assistance Act of 1961,
as amended (Public Law 87-195).
c. Omnibus Diplomatic Security (DS)
and Antiterrorism Act of 1986 (22 U.S.C. Sections 4802 and 4805). See 2 FAM Exhibit
111.3(I).
d. National Security Decision Directive 38 (Staffing
at Diplomatic Missions and their Overseas Constituent Posts) from June 1982.
See 2 FAM
Exhibit 111.3.
e. FY1989 Foreign Operations
Appropriations Bill.
f. Foreign Affairs Reform and
Restructuring Act of 1997 (Public Law 105-77).
g. Presidents Letter of Instruction
to Chiefs of Mission.
h. State-Justice-Treasury Memorandum
of Understanding of 1996.
i. State-Department of Defense (DOD) Memorandum of Understanding of 1997.
j. Department of State-Government
Accountability Office (GAO) Memorandum of Understanding (12/15/1988).
See 2 FAM
Exhibit 111.3(J).
k. Department of State-Library of
Congress (LOC) Memorandum of Understanding (3/14/89).
l. Other authorities
(statutory, executive order, MOUs, etc.) as applicable.
2 FAH-2 H-112 Chief of Mission Defined
(CT:PMO-6; 04-20-2017)
A COM is the principal officer in charge of a diplomatic
mission of the United States or of a United States office abroad which is
designated by the Secretary of State as diplomatic in nature, including any
individual assigned under 22 U.S.C. 3982(c) to be temporarily in charge of such
a mission or office. Usually, the U.S. Ambassador to a foreign country, or the
Charg daffaires, is the COM in that country. Other COMs include:
(1) The chiefs of certain permanent U.S. Missions to
international organizations (i.e., the U.S. Mission to the Organization for
Economic Cooperation and Development [USOECD], the U.S. Mission to
International Organizations in Vienna [UNVIE], USUN, OAS, OSCE, USNATO, U.S.
Mission to the European Office of the UN, and USEU).
(2) The Principal Officers of the Consulates General
in Hong Kong, Curacao, and Jerusalem.
(3) For additional information see 1 FAM 013.2,
Responsibilities of COMs, 1 FAM 013.5-3,
Staffing Abroad, and 2 FAM 113, COMs
and Principal Officers.
2 FAH-2 H-112.1 Chief of Mission
Authority
(CT:PMO-9; 09-10-2018)
a. Presidential directives and legislation are the
sources of COM authority. These sources give the COM the authority to direct,
supervise, and coordinate all U.S. Government executive branch employees in the
COMs country or area of responsibility. This includes U.S. Direct Hire (USDH)
employees and Personal Service Contractors (PSCs), whether assigned permanently
or on temporary duty or an official visit, and; all Locally Employed (LE) Staff
regardless of hiring mechanism (whether a direct hire or hired on a PSA, PSC or
other mechanism by the Department of State or another U.S. government agency
see 3 FAM 7121).
These authorities also place the COM in charge of all Executive Branch
activities and operations in his/her Mission. This authority is subject to
some exceptions and exclusions noted in 2 FAH-2
H-112.1 paragraphs b and c.
b. Exceptions: There are three groups specifically
excepted from COM authority by legislation or presidential directive:
(1) Personnel serving under the command of a military
area commander, in this handbook referred to as a Geographic Combatant
Commander (GCC) (see 2 FAH-2
H-116.2);
(2) Executive branch employees on official detail to
an international organization (see 2 FAH-2
H-116.4);
(3) Voice of America correspondents (but not other
employees of the U.S. Agency for Global Media (USAGM) on official assignment;
c. Exclusions: The following individuals are excluded
from COM authority:
(1) Members of the Legislative and Judicial branches;
(2) Individuals who do not have a direct employer-employee
relationship with the U.S. Government executive branch including those
affiliated with the U.S. Government such as: Eligible Family Members (EFMs)
(who are not employed by the Department in any capacity), educational exchange
students, Fellows, government grant recipients, and non-U.S. Government
employees who work for commercial contractors or non-governmental
organizations.
d. Non-Executive branch agencies and COM authority:
There are numerous non-executive branch agencies that have signed memoranda of
understanding with the Secretary of State agreeing to abide by the same rules
as those under COM authority. These MOUs identify the scope, mutual interests,
and responsibilities between the COM and the agency in carrying out activities
in foreign locations.
2 FAH-2 H-112.2 How To Determine
Who Is Subject To Chief Of Mission Authority
(CT:PMO-6; 04-20-2017)
a. The following are guidelines for Post Management to
determine which activities and/or personnel are under COM authority. Post
Management staff must use this information when they become aware of a new
activity or personnel in the COMs area of responsibility to confirm if the
activity or personnel is subject to COM authority. There are two questions:
1) Is the activity subject to COM authority, and
2) Is the individual subject to COM authority?
Post must review documentation that clarifies the type
of activity to be performed and employment category of the individual(s)
involved in order to determine whether an activity or person is subject to COM
authority. After this review, the COM may consult with the relevant bureaus
executive office before making a final determination. Direct questions and
complex cases to M/PRI and L/M for assistance in making a determination of COM
authority. See COM authority decision chart in 2 FAH-2 Exhibit
H-112 for a listing of different types of activities and persons.
(1) Activity: The activities and operations subject
to COM authority include all U.S. executive branch activities, not otherwise
excluded, in the COMs area of responsibility. These activities may be
incorporated into an Integrated Country Strategy, or relate to it only
tangentially, but will serve U.S. national interests as determined by the
Ambassador, the State Department, and the Missions Country Team. There are
times when an activity is subject to COM authority, but the individuals
carrying it out are not, such as an AID-run project on combatting a disease
(the activity is subject to COM authority) that is staffed by commercial
contractors (these personnel are not subject to COM authority).
(2) Employment: All U.S. Government executive branch
employees fall under COM authority, unless they fall under one of the
exceptions or exclusions noted in 2 FAH-2
H-112.1 above.
b. Factors that do not affect COM authority
determinations: The following factors are NOT relevant to determining if
someone is subject to COM authority: work location, security responsibility,
status of forces agreement, passport (whether regular, official, or
diplomatic), diplomatic accreditation, mere reference to a large section of the
U.S. code without further information (see 2 FAH-2 H-115
paragraph b(2) for an example), or ICASS support. While these factors may
apply to an employee who is subject to COM authority, they can also apply to
those employees not subject to COM authority (e.g., it is possible for an
employee not under COM authority to have diplomatic accreditation). The Chief
of Mission Authority Matrix in 2 FAH-2 Exhibit
H-112 at the end of this section provides guidelines for who is and is not
under COM authority.
2 FAH-2 H-113 GENERAL RESPONSIBILITIES
OF THE COM AND THOSE UNDER COM AUTHORITY
(CT:PMO-7; 04-03-2018)
a. The COM has the following responsibilities to those
subject to his/her authority.
(1) Direct, coordinate and supervise all U.S. Government
personnel under COM authority, including all employment categories, whether
American or foreign national, direct hire, PSA or PSC, full-time, part-time or
intermittent work schedules, or employed on a permanent or temporary basis.
(2) Provide country-specific policies and directives
required to accomplish mission objectives.
(3) Respond to offices requesting country clearance
for visits by U.S. Government personnel subject to COM authority. The COM may
grant, withhold, or limit country clearance. Refer to section 2 FAH-2 H-114
for additional information.
(4) Respond to agency requests to change the size,
composition, or mandate of their staffing regardless of the duration or purpose
of the proposed position or assignment.
(5) Periodically review staffing levels and make
adjustments as needed to carry out mission goals. The COM will work with M/PRI
Rightsizing to establish appropriate overseas staffing levels for the mission
(except for personnel and activities under the command of a GCC or regional
inspector general offices under the jurisdiction of the Inspector General of
the U.S. Agency for International Development, see 2 FAH-2
H-113.3 below).
b. Those persons subject to COM authority and agencies
with personnel subject to COM authority have the following responsibilities.
(1) Comply fully with all applicable country-specific
policies and directives of the COM including COM-issued Security Directives.
(2) Coordinate with and keep the COM currently and
fully informed with respect to all current and planned activities and
operations,
(3) Obtain COM approval before changing the size,
composition, or mandate of staff and when assigning personnel to the mission or
host country, regardless of the duration or purpose of the proposed position or
assignment, whether full-time, part-time or temporary. See 2 FAH-2
H-113.1 on NSDD-38 for further guidance; and
(4) Request country clearance for any employee who
will be in country on official business. The COM has the authority to grant,
withhold, or limit country clearance. Additional information can be found in
sub-section 2
FAH-2 H-114. Employees assigned to post for more 365 days or longer the
assignment notice serves as their request for country clearance. Employees who
will be in country for 364 days or less must request permission using eCountry
Clearance.
2 FAH-2 H-113.1 COM Responsibility
To Manage Staffing (Rightsizing and NSDD-38)
(CT:PMO-7; 04-03-2018)
a. All agencies must obtain COM approval before adding
or removing any position subject to COM authority, whether permanent or limited
duration (see 2 FAH-2 H-112),
or; changing the mandate of any such position (e.g., supervision, portfolio).
The COM makes a decision based on post priorities, security and administrative
support, and the ability of the agency to support the financial cost of the
position (see 2
FAH-2 Exhibit H-113 for details). A decision memo should be provided to
the COM with responses to the questions shown in paragraph d, below, for all
position requests whether they are coordinated by the Office of Management
Policy, Rightsizing and Innovation (M/PRI) or managed by post (see paragraph b
below).
b. M/PRIs Directorate of Rightsizing coordinates
agency requests for changes for positions covered by the NSDD-38 process
through the NSDD-38 online system. A position is subject to the NSDD-38
process if it meets all the following criteria and is not a local position, as
defined in 3 FAM
7121:
(1) It is permanent, meaning it is filled for at least
12 months, whether by one person or by a series of temporary duty staff.
(2) It is a direct-hire position (including domestic
employees teleworking overseas (DETOs), regardless of whether the individual
who will fill it is a U.S. citizen or not.
Note: USPSC or TCNPSC positions are considered
direct-hire positions.
Example: USAID plans to hire a non-Kenyan to
work in Kenya in a position that is subject to COM authority. This
position must go through the NSDD-38 process.
For more information, see the Directorate of
Rightsizings NSDD-38 share point page.
c. In addition to (b) above, as a matter of policy,
the Department conducts the NSDD-38 process for local positions that must be
filled by Foreign Service Nationals, as defined in 3 FAM 7121.
d. Post manages the approval process of all positions
under COM authority that do not require the Rightsizing Directorates
coordination, including:
(1) Local positions filled by LE Staff hired under
local PSA or PSC authority,
(2) Local positions filled by Eligible Family Members
(EFMs), including EFMS hired under the Expanded Professional Associates Program
(EPAP).
e. Positions under COM authority which are not subject
to the NSDD-38 process (for example, temporary positions which are positions of
less than 12 months in duration) still require COM approval. Post may use the
NSDD-38 process or the country clearance process explained in 2 FAH-2 H-114,
at the discretion of the COM.
f. When seeking COM approval for any position, the
requesting office must provide the following information, whether managed at
post or coordinated through the Rightsizing Directorate. For positions managed
at post, the process stays at post. For positions subject to NSDD38, post
works with Rightsizing. The entire questionnaire can be found in 2 FAH-2 Exhibit
H-113.
(1) For a position increase:
The degree to which these employees or
contractors support mission priorities.
The legislative or regulatory approval for the
change
Why this function cannot be accomplished from
the United States or a regional center or through the use of TDY, contract, or
other personnel
The space and administrative support cost
requirements
The agencys acceptance of and ability to pay
the costs required to provide space and consume administrative and security
support services.
(2) For a position decrease:
What event(s) changed the need for the
position?
Describe how the functions of the position(s)
to be abolished will be met in the future.
Who will be responsible for the residual
workload?
Has the required advance notice been given to
Posts ICASS Council and Service Provider of intent to withdraw current level
of service? (Yes/No), if yes, provide date of notice.
g. Approvals: All COM decisions on approved positions
should be included in the relevant online personnel system, including date
approved and any unique conditions or notations (e.g., time limits, not to
exceed date, or other unique details that define the limits or responsibilities
of a position).
h. Disapprovals: The COM and the requesting agency
should work together to resolve any concerns the COM may have about a requested
position. If the COM and agency cannot mutually agree on a proposed
position, COMs may refer questions to the appropriate regional bureau and the
Rightsizing Office.
(1) The Office of Rightsizing will assist with the
resolution process in accordance with NSDD-38 policies for positions it
coordinates as listed in paragraph b, above.
(2) The regional bureau will coordinate the resolution
process for post-managed positions listed in paragraph c, above.
2 FAH-2 H-113.2 COM Authority and
the Department of Defense
(CT:PMO-6; 04-20-2017)
a. By legislation, Department of Defense official
presence abroad will fall under COM authority unless it is under the command of
a GCC. The most common types of DOD offices under COM authority that have a
presence at many U.S. Missions and are fully integrated into the mission structure
include Marine Security Guards, Defense Attach offices, Offices of Defense
Cooperation and Seabees. In addition to these offices, the Foreign Assistance
Act of 1961, as amended (Public Law 87-195, Section 515 (22 U.S.C. 2321i)),
provides that the President may assign members of the U. S. Armed Forces to a
foreign country to perform security assistance functions (conducted under part
II of the Foreign Assistance Act, part V of subchapter II of that act, and the
Arms Export Control Act). These forces are also under COM authority and
perform one or more of the following functions:
foreign military sales equipment and services case management
training management
program monitoring
evaluation and planning of the host governments military
capabilities and requirements
administrative support
promoting rationalization, standardization, interoperability, and
other defense cooperation measures among members of the North Atlantic Treaty
Organization and with the armed forces of Japan, Australia, and New Zealand
liaison functions exclusive of advisory and training assistance
b. The following is a partial list of Security
Assistance Organizations under COM authority (as of August 2015). Contact the
appropriate area officer in the Political Military Bureaus Office of Regional
Security and Arms Transfers (PM/RSAT) office for up to date information on
SAOs.
JUSMAG-Thai - Joint U.S. Military Advisory Group (Thailand)
JUSMAG-P - Joint U.S. Military Assistance Group (the Philippines)
JUSMAG-K - Joint U.S. Military Affairs Group (S. Korea)
KUSLO - Kenya-U.S. Liaison Office
MAAG - Military Assistance Advisory Group (Peru)
MAP - Military Assistance Program (Jordan)
MDAO - Mutual Defense Assistance Office (Japan)
MILGP - Military Group (Argentina, Bolivia, Chile, Colombia,
Ecuador, El Salvador, Guatemala, Honduras, Venezuela)
MLO - Military Liaison Office (Belize, Brazil, Eastern Caribbean,
Haiti, Jamaica, Trinidad and Tobago)
ODC - Office of Defense Cooperation (Australia, Albania,
Bangladesh, Belgium, Botswana, Bulgaria, Cambodia, Croatia, Czech Republic,
Denmark, Estonia, France, Germany, Greece, Hungary, India, Indonesia, Italy,
Latvia, Lebanon, Lithuania, Malaysia, Maldives, Morocco, Nepal, Netherlands,
New Zealand, Niger, Norway, Paraguay, Poland, Portugal, Qatar, Romania,
Slovakia, Slovenia, Spain, Sri Lanka, Timor Leste, Tunisia, Turkey, United
Kingdom, Uruguay, Vietnam)
ODR - Office of Defense Representative (Costa Rica)
ODR-P - Office of Defense Representative Pakistan
OMC - Office of Military Cooperation (Bahrain, Egypt, Kazakhstan,
Kyrgyzstan, Kuwait, Oman, Tajikistan, Turkmenistan, Uzbekistan, Yemen (mission
is closed for an indefinite period)
USDRO - U.S. Defense Representative Office (Panama)
USLO - U.S. Liaison Office (Djibouti, United Arab Emirates)
USMTM - U.S. Military Training Mission (Saudi Arabia)
OMP-SANG - Office of the Program Manager, Saudi Arabian National
Guard
OPM-FSF - Office of Program Management, Facilities Security Force
(Saudi Arabia)
c. There are many different DOD entities working
abroad. Independent units and special operations forces are often a source of
confusion. The COM must seek guidance from the Department office that has
responsibility for security assistance and cooperation programs to confirm in
writing whether these entities are subject to COM or GCC authority. The COMs
regional bureau may be contacted for assistance. COMs must discuss all DOD
personnel and elements with the relevant GCC during the annual review of the
Memorandum of Agreement on security responsibility of DOD personnel and
elements in country. See additional information on COM and the DOS-DOD MOU.
2 FAH-2 H-113.3 COM Authority and U.S. Agency for International Development,
Regional Inspector General (USAID/RIG)
Staffing
(CT:PMO-11; 02-26-2019)
The FY1989 Foreign Operations Appropriations Bill exempted
USAID/RIGs from the Secretarys statutory
authority to set staffing levels. This does not affect the COMs authorities
as derived from the President. USAID/RIGs
still fall under NSDD-38, except that COMs may not use NSDD-38 to relocate USAID/RIGs or to interfere with the USAID Inspector Generals investigative
responsibilities.
2 FAH-2 H-114 country clearance FOR TDY
PERSONNEL
(CT:PMO-10; 09-18-2018)
a. The COM has the authority to grant, withhold, or
limit permission for any U.S. government employee to be in country on official
business, other than those under the command of a Geographic Combatant
Commander (GCC) and those detailed to an international organization performing
a function of that organization. All subject personnel must obtain permission
before entering the COMs area of responsibility. COMs may delegate country
clearance review authority to constituent post officers, country team members
or other subordinates. Personnel assigned to post for more than 12 months
provide an assignment notice which serves as their request for country clearance.
Personnel coming to post for less than 12 months must also obtain country
clearance in advance of travel. Current policy requires unclassified country
clearance requests to be sent through a DOS online program called electronic
Country Clearance (eCC) for non-DOD agencies. Cables may be used in lieu of
the eCC program if the country clearances are classified.
b. In addition to eCC, some posts have additional
special country clearance requirements. An example is NEA-SCA/EX's orientation
and in-processing center that manages visitors as well as permanent staff for
certain posts. Personnel wishing to travel to a post should review that posts
information page on the eCC application and initiate informal communications
with post and/or the bureau (e-mail, telephone, etc.) prior to requesting
country clearance.
c. Department of Defense and country clearance: M/PRI
has an agreement with the DOD whereby DOD allows eCC to receive information
from its Aircraft and Personnel Automated Clearance System (APACS). This
streamlines the travel approval process for DOD travelers, since they only have
to enter their information into one system. The COM can establish
post-specific policies for approving or disapproving official visitors which
will be available on either system. If coordination of the two separate
country clearance systems is problematic, the COM may ask DOD visitors to use eCC
in addition to APACS. Information on how to access APAC information in eCC can
be found here: Information on APACS to eCC.
d. If a mission has questions about a country clearance
requirement for certain DOD personnel, contact the GCC responsible for the
military unit, the State bureau responsible for that mission, and M/PRIs
Rightsizing office to request guidance.
e. Process for other U.S. Government travelers: Because
of sensitivities regarding the strict application of country clearance
requirements to Legislative or Judicial Branch travelers, the term country
notification is used in place of country clearance. Regardless of the
name, because of the COMs security responsibilities (see 2 FAH-2 H-116
below) and the support which posts typically provide to visiting delegations,
the established practice is that members and staff from other branches of
government are expected to coordinate and receive COM approval before visiting
a foreign country on official business. COM approval should operate on the
basis of mutual accommodation. Official congressional or judicial travel should
be facilitated to the maximum extent possible. If the COM believes the
proposed travel is problematic (e.g., due to security concerns or significant
timing problems), post should raise these concerns with the Department. In
such cases, post should not send a refusal to travel but should consult with
the Department to determine the appropriate course of action.
2 FAH-2 H-115 RESPONSIBILITIES OF THE
COM AND u.s. government personnel ABROAD not under com authority
(CT:PMO-6; 04-20-2017)
a. The COM is the Presidents official U.S. Government
representative to the designated foreign country or international
organization. The COM is therefore in charge of and responsible for U.S.
relations with the foreign country or international organization in their area
of responsibility and always has a coordination role in any US government
activity taking place within that area, regardless of branch of government,
whether the activity is under COM authority or not. The COM cannot interfere
with day-to-day direction or supervision of an office that is not subject to
COM authority. However, while COM authority, as stated in the Letter of
Instruction and Section 207 of the FS Act, does not extend to members of the Department
of Defense under the command of a GCC (see 2 FAH-2 H-112)
or to non-executive branches of government and their staffs, the COM and other
USG Personnel and activities are required to communicate and coordinate their
activities as noted below. See specific requirements found in DOS-agency MOUs.
b. COM and non-COM U.S. Government employees Mutual
Responsibilities:
(1) When an element is not under COM authority, the COM
and U.S. activitys representative must still coordinate their activities. The
COM may coordinate on relevant issues such as: protection of mission equities
and ensuring unity of purpose in U.S. Government activities, or other areas of
concern that can affect the Missions activities. COMs may request regular
updates on non-COM activities to confirm they do not overlap with COM
responsibilities nor increase beyond the written, approved activity. For
example, if a DOD mission appears to be expanding or changing focus without an
approved directive or legislative instruction, the COM may discuss the matter
with the DOD mission as well as contact the regional bureau or other relevant
offices in the Department for guidance. Examples of the type of conditions a
COM may request as part of required coordination:
(a) Regularly scheduled coordination meetings and
briefings;
(b) Limit/control host government contact;
(c) Require the adherence to security policies such as
respecting geographic travel restrictions for security reasons.
(2) In addition to coordination, certain legislation,
Presidential Directives, DOD Directives, or other orders may require COM
concurrence, or that the COM play a specific role in certain DOD activities not
under COM Authority. These directives can only be modified by explicit
Presidential Directive or legislation. Examples include:
(a) National Defense Authority Act (NDAA) 1208 requires
COM concurrence in order for any DOD training and equipping of Iraqi forces to
occur.
(b) Presidential Policy Directive (PPD) 25 requires a
specified role of the COM on combatting terrorism.
(c) The Presidents Letter of Instruction requires the
COM and the GCC and other non-COM executive agencies to keep each other
currently and fully informed and cooperate on all matters of mutual interest.
(3) If there is such a directive or legislation, the COM
may request a copy to confirm the respective roles between the two offices. If
the COM has a concurrence or other specified role, the details will be written
in the directive or legislation. There may be confusion, particularly with
Defense offices that exist outside of a GCC, about the relationship between
their activities and the COM. Post Management may contact the respective
regional or functional bureau if additional guidance is required. Do not accept
verbal assurances.
Example: A Defense office may cite Title 10 as
proof that they do not fall under COM authority. Title 10, however, is a major
piece of legislation and includes regulations on the Marine Security Guards,
among other things, which are under COM authority. This reference thus is not
sufficient to determine whether they are subject to COM authority and Post may
ask for the relevant documentation in order to make a determination.
2 FAH-2 H-116 SECRETARY OF STATE AND
COM Security RESPONSIBILITY overview
(CT:PMO-6; 04-20-2017)
a. Title 22 U.S.C. Section 4802 provides that the
Secretary of State shall develop and implement (in consultation with the heads
of other Federal agencies having personnel or missions abroad where appropriate
and within the scope of the resources made available) policies and programs,
including funding levels and standards, to provide for the security of United
States Government operations of a diplomatic nature and foreign government
operations of a diplomatic nature in the United States. Such policies and
programs shall include:
(1) Protection of all United States Government
personnel on official duty abroad (other than Voice of America correspondents
on official assignment and those personnel under the command of a United States
area military commander [now known as GCCs]) and their accompanying dependents;
(2) Establishment and operation of security functions
at all United States Government missions abroad (other than facilities or
installations subject to the control of a United States [GCC])
b. Title 22 U.S.C. 4805 provides that other federal
agencies, with or without reimbursement, may provide assistance to the
Secretary and perform overseas security functions as authorized by the
Secretary. Additionally, it states that nothing contained in [the Diplomatic
Security Act] shall be construed to limit or impair the authority or
responsibility of any other federal, state, or local agency with respect to law
enforcement, domestic security operations, or intelligence activities as
defined in Executive Order 12333.
c. The Presidents Letter of Instruction states:
Under my direction, the Secretary of State is, to the fullest extent provided
by the law, responsible for the overall coordination of all United States
government activities and operations abroad. I expect you [the COM] to take
direct and full responsibility for the security of your Mission and all the
personnel for whom you are responsible, whether inside or outside the chancery
gate. Unless an interagency agreement provides otherwise, the Secretary of State
and you as Chief of Mission must provide for the security of all United States
government personnel on official duty abroad other than those under the
protection of a U.S. area military commander [GCC] or on the staff of an
international organization and their accompanying dependents. You and the U.S.
area military commander should consult and coordinate responses to common
threats.
d. General coordination occurs in Washington, D.C.,
through the Overseas Security Policy Board (OSPB) and the Washington Liaison
Group (WLG). The OSPB develops, coordinates, and promotes uniform policies,
standards, and agreements on security operations outside the United States,
including programs and projects that affect all U.S. government civilian
agencies represented abroad under COM authority. (See 22 U.S.C. 4801 et seq.:
the Omnibus Diplomatic Security and Anti-terrorism Act of 1986, 12 FAH-6 H-014
and 12 FAH-1
H-011 for more information.
e. Additional information concerning security
responsibilities and requirements for U.S. Government facilities and personnel
assigned or associated with an overseas mission can be found in 12 FAM.
2 FAH-2 H-116.1 Secretary of State
and COM Security Responsibility and Evacuations
(CT:PMO-6; 04-20-2017)
a. Title 22 U.S.C. Section 4802 also provides that
[t]he Secretary of State shall develop and implement policies and programs to
provide for the safe and efficient evacuation of United States Government
personnel, dependents, and private United States citizens when their lives are
endangered.
b. Guidance for evacuating U.S. government personnel
and their eligible dependents is detailed in the Emergency Action Plan Handbook
(see 12 FAH-1).
c. Evacuation and security for private U.S. citizens
is managed by the Missions Consular section. A COM may not maintain information
on the whereabouts of private U.S. citizens without their consent, compel them
to register with the Embassy, or force them to participate in
government-organized evacuations. The COM may provide assistance to those U.S.
citizens who request it, but it must be handled within the limitations of the
Privacy Act. See the 7 FAM for more details.
2 FAH-2 H-116.2 Security
Responsibilities of Mission Personnel
(CT:PMO-7; 04-03-2018)
Security Responsibilities of the Deputy Chief of
Mission, Regional Security Officer, the Management Counselor/Officer, and Post
Emergency Action Committee members are addressed in 12 FAM.
Anyone living or working on U.S. Mission property is
expected to follow COM security policies when they are physically present to
ensure the security of the mission community. USDHs under COM authority must
comply with COM security policies at all times when abroad on a mission with
the U.S. Government. The COM may take action deemed necessary to protect U.S.
Government mission personnel and property if security policies are not
followed, including (as appropriate) but not limited to: restricting who may
be on mission property; restricting who may reside in a U.S.
Government-provided residence; or removing an employee, dependents, or cohabitants
from post; dismissing LE Staff, consistent with local law; revoking TDY
employees country clearance (3 FAM 3770 and 3
FAM 4300).
c. Such policies and directives may include, but are
not limited to:
(1) USDH employees must inform their supervisor and
the Regional Security Office of the whereabouts of themselves and EFMs at all
times and verify contact information. This includes providing information in
advance of any travel away from post of assignment at all times (for example a
COM may require notification if personnel travel 50 miles outside of the
city). Notification must occur whether the travel is within or beyond the
COMs area of responsibility, on personal or official travel, whether off-duty or
in leave status.
Examples of when a USDH employee must inform supervisor/RSO to
verify contact/whereabouts information; an EFM arrives from or departs to a
school away from post; an EFM child leaves on a school trip to another country;
an EFM leaves country on holiday; the employee travels outside the post of
assignment to a meeting during the workday, but will return that evening.
(2) Participate in Posts emergency notification
system and security drills and confirm the whereabouts of their EFMs and any
cohabitants as required.
(3) As appropriate, act in an emergency capacity
required by the COM.
(4) Employees must ensure EFMs and any cohabitants
understand and comply with applicable mission security policies when on mission
property.
(5) Inform the regional security office of any
information that may affect the safety and security of Chief of Mission
personnel, facilities and sensitive and classified information.
d. Agency and section chiefs subject to COM authority
must participate in security as required by the COM which may include being a
member of the EAC, providing information to the COM/EAC concerning personnel
and emergency preparations, or in any other capacity required to ensure mission
security.
e. EFMs employed by the mission in a local position are
subject to COM authority and must comply with employee security
responsibilities and participate in posts emergency notification system when
on duty.
f. EFMs not employed in any capacity by the U.S.
Government are not subject to COM authority, but are under the COMs security
responsibility by virtue of their declared relationship with the employee. EFMs
are expected to follow security policies to ensure the security of the wider
mission community and are encouraged to participate in the emergency
notification systems at post. The COM may require EFMs to provide emergency
contact information, attend security briefings, and participate in emergency
action drills.
g. MOHs and others who, at the request of the
sponsoring employee, receive COM permission to reside in a U.S.
government-provided residence are by definition cohabitants. They receive
incidental security oversight and are expected to follow security policies to
ensure the security of the wider mission community. They are encouraged to
participate in the emergency notification systems at post. See section 2 FAH-2
H-116.3 below for more information.
h. LE Staff must:
(1) Report their whereabouts when on official duty,
whether in the country of employment or on TDY, and inform supervisors when
they are away from the office. When specifically written into their contract,
LE Staff will also be required to provide whereabouts information when not on
duty (this may occur in contracts with other agency TCNs).
(2) Follow security policies and participate in
security preparedness.
(3) Report any information that may affect the safety
and security of Chief of Mission personnel, facilities, and sensitive and classified
information (see 3
FAM 4127).
i. U.S. Government employees and agencies not under
COM authority but on official business abroad are expected to coordinate on
security issues in the COMs area of responsibility.
2 FAH-2 H-116.3 COM Incidental
Security Oversight for Non-COM Personnel on U.S. Mission Property
(CT:PMO-7; 04-03-2018)
a. Individuals who are residing in, working in, or
visiting a facility under COM control, but are not themselves under COM
authority or security responsibility (such as contractors, domestic staff,
MOHs, and other cohabitants), receive incidental security oversight from the
COM due to their presence in a U.S. Mission. As a condition of their presence
on U.S. Government facilities, they are expected to follow security policies.
They are not required to follow security policies when away from U.S. Mission
property. They may be included in security drills when on Mission property in
order to maintain the overall security of the mission. Contract employees may
be contractually required to comply with COM security policies at all times
(See 2
FAH-2 H-116.5 for additional information on contractors).
b. If a contractor, MOH, household guest, domestic
staff, or other cohabitant violates security or safety regulations, guidelines,
or instructions, the COM may take action deemed necessary to protect mission
personnel and property, including restricting who may work or reside in U.S.
Government property, as noted in 3 FAM 4300 and 3 FAM 3770.
c. The COM must give permission to the responsible
employee for any non-EFM to reside in U.S. Government-provided residences. The
COM may require that these individuals receive a background check and adhere to
security policies when they are in Mission facilities. As an example, the COM
may require cohabitants to provide emergency contact information, attend
security briefings, and participate in emergency action drills. The sponsoring
employee is responsible for their compliance (see 12 FAM 375 for
further information and requirements for cohabitation of U.S. citizens and
foreign nationals in U.S. government facilities and 3 FAM 4128, Personal
Domestic Worker Employment, concerning required contracts for domestic staff of
a U.S. Government employee).
2 FAH-2 H-116.4 COM Security
Responsibility and the Department of Defense
(CT:PMO-6; 04-20-2017)
a. In 1997, the Secretaries of State and Defense
co-signed a Memorandum of Understanding (MOU) governing security responsibility
for DOD elements and personnel in foreign areas and not under the command of a
GCC. The State/DOD MOU is used worldwide, through individual country
memoranda of agreement (MOAs) between the COM and the relevant geographic combatant
commander (GCC). Each country's MOA assigns operational control of
overseas security functions for all DOD elements/personnel in country and not
under the command of a GCC to either the COM or the GCC, thereby eliminating
gray areas that have led to confusion over security responsibility for some
DOD elements or personnel. All messages with DOD country clearance and
staffing requests and COM authorization and approvals must clearly define who
has operational control of securityCOM or GCC.
b. The DOS-DOD MOU reinforces COM authority, including
by confirming how it applies to certain DOD elements. When the Department
cannot provide adequate security and DOD does not assume responsibility for
security, COMs should initiate a review to determine whether to withdraw these
personnel from harms way. All countries must have a current MOA signed by the
COM and GCC. Meanwhile, it is important for all COMs to identify DOD
elements under their authority. COMs are required to provide the updated
MOA annually to M/PRI.
2 FAH-2 H-116.5 COM Security
Responsibility for U.S. Government Personnel Not Subject to COM Authority but
Under COM Security Responsibility
(CT:PMO-7; 04-03-2018)
Mission offices may organize travel and meetings for U.S.
Government employees who are not subject to COM authority, but who are COMs
security responsibility. As noted in H-116 above, title 22 U.S.C. Section 4802
requires the Secretary, and by extension the COM, to provide for the protection
of all United States Government personnel on official duty abroad (with certain
explicit exceptions) and their accompanying dependents. The Presidents Letter
of Instruction also gives the COM security responsibility for all United States
Government personnel on official duty abroad (with certain explicit exceptions)
and their accompanying dependents. All U.S. government personnel who are
the COMs security responsibility are generally expected to coordinate with the
COM when in the COMs area of responsibility (see 2 FAH-2 H-115
paragraph b(1)). Thus, while some U.S. Government personnel are not subject to
COM Authority, the COM has security responsibility for them. Whether the
mission manages their travel or not, these employees are expected to request
permission to travel in the COMs area of responsibility, and are expected to
abide by COM security policies including, but not limited to those pertaining
to restricted travel areas (see 2 FAH-2 H-114
and H-115). As part of the coordination, these employees are expected to
contact the mission in advance of travel and provide a POC while in the COMs
area of responsibility in case of emergency. This will enable them to be
included in security and evacuation planning (see 2 FAH-2 H-116
and 2 FAH-2
Exhibit H-116).
2 FAH-2 H-116.6 COM Security
Responsibility and Commercial/Third Party Contractors
(CT:PMO-6; 04-20-2017)
a. Third party contractors, or commercial contractors,
also known as non-personal services contractors (NPSCs), are employed by
someone other than the U.S. Government and therefore do not fall under COM
Authority. Without an employer-employee relationship, NPSCs are not covered
under the 22 U.S.C. 3927 or the Diplomatic Security Act; they therefore do not
fall within COM authority or the Secretary of States statutory responsibility
and COMs responsibility under presidential directive to protect U.S.
Government personnel (with the exceptions mentioned in 2 FAH-2
H-112.1 paragraph b) on official duty abroad. As a result, the U.S. mission
is not required to provide security for commercial firm employees as it does
for U.S. Government employees, unless a specific contractual provision has been
approved by the COM and communicated to the Regional Security Office (see
Federal Acquisition Regulation, section 52.225-19.)
b. NPSCs working within a U.S. mission facility
overseas may receive incidental security oversight because of the security
measures undertaken by the COM to protect the facility and post. Posts may,
under exceptional circumstances (posts with high terrorism or criminal threats
or other post-specific threats), provide these NPSCs security awareness
information similar to that received by U.S. Government employees. However,
anti-terrorism and security training is normally the responsibility of the
commercial firm; any arrangements going beyond the incidental benefits noted
above must be written into the contract if they are required.
c. Commercial firms are encouraged to participate in
the Departments Overseas Security Advisory Council (OSAC) in Washington, DC
where they can receive security-related information. A U.S. incorporated or
affiliated commercial contractor can join OSAC by applying via the OSAC website.
OSAC, in cooperation with Diplomatic Security, has formed individual OSAC
Country Councils to enable resident U.S. private sector organizations to
exchange security-related information.
2 FAH-2 H-116.7 COM Security
Responsibility and U.S. Government Employees Assigned to the Staff of
International Organizations (IO)
(CT:PMO-6; 04-20-2017)
a. The Presidents Letter of Instruction to COMs
exempts U.S. Government employees on the staff of an international organization
(IO) from COM authority and security responsibility. This reflects the
practical reality that such personnel are working for the IO, on an IO mission,
rather than for the U.S. Government or on a U.S. Government mission. They also
may live and work in remote locations outside the embassy, its compound, and
the general official American community.
b. Typically, it is the IO and not the U.S. Government
that is responsible for providing security, administrative, and other support
for U.S. Government employees on the IO staff. Post must specifically agree to
any day-to-day responsibility (e.g., administrative support) for U.S.
Government employees on the staff of IOs. See 6 FAH-5
H-352.5 for details.
c. DS programs such as residential security and local
guards are generally provided only for post-owned/leased housing and official
facilities. Employees assigned to an IO who neither work nor live in
post-controlled spaces would not be included in these programs. The Secretary
of States overall security responsibilities under Section 103 of the
Diplomatic Omnibus, however, do not exempt U.S. Government employees serving
with an IO from being subject to the COMs security responsibility. The
Regional Security Officer (RSO) is available to assist where necessary and
appropriate (e.g., for security briefings and as a resource to recommend
residential security countermeasures appropriate for the areas threat
levels).
d. The provision of post services to U.S. Government
employees detailed to IOs is not mandatory. Post should take into
consideration the cost of services supplied compared to the level of effort to
track and invoice an agency. Any request for security or other support services
for an employee detailed to the staff of an IO must be approved by the COM
based on the ability of the post to provide appropriate services within
existing resources and will be fully reimbursed by the detailed employees home
office. If the COM determines security support will burden the post or put
mission personnel or the detailed employee at risk, the COM may contact their
Regional Bureau for guidance and coordination with the executive agency
responsible for the employee. For details on how employees detailed to an IO
may request services, see 6 FAH-5 H-352.
e. Services offered to personnel who are not under COM
authority must not include notifying them to the host country government as
members of the U.S. mission for purposes of obtaining duty-free privileges,
local tax exemptions, or other privileges and immunities reserved for members
of diplomatic missions. The IO is responsible for the employees diplomatic
accreditation with the host government and for all issues related to privileges
and immunities. Exceptions must be approved in Washington (see 2 FAM 221.2).
2 FAH-2 H-116.8 COM Security
Responsibility and Fulbright Grantees or Other U.S. Government Sponsored U.S.
Citizens
(CT:PMO-8; 05-03-2018)
a. While overseas, Fulbright grantees and other
students, scholars, teachers, fellows, and other types of exchange visitors or
federal grantees are typically treated as private U.S. citizens and must
receive the same information that private U.S. citizens receive in accordance
with the No Double Standard policy outlined in 7 FAM 050. The
Department, through the Bureau of Educational and Cultural Affairs (ECA) or the
Embassy Public Affairs Section, has various agreements with relevant non-U.S.
government organizations or with Fulbright Commissions, depending on the
program with which the individual is affiliated, that may provide guidance and
assistance for their welfare and security (see 12 FAH-1 Annex K Addendum 3.2
paragraph(3)). For further, current information, contact ECA or the Embassy
Public Affairs Section. ECA provides periodic guidance by cable to posts/commissions
in drafting country-specific Emergency Action Plans (EAP) for the Fulbright
Program and related academic programs in the event of a crisis situation. Post
Public Affairs Sections should contact the relevant ECA Program Office for
guidance.
b. The Public Affairs Section is typically the
designated liaison responsible for maintaining contact with and knowing the
whereabouts of individuals under U.S. Government sponsorship in their area of
responsibility. In addition to the Fulbright Program, U.S. citizens may be
in-country as part of one of several programs that fall under ECA, where the
Department has a responsibility to provide guidance and assistance for their
welfare and security. These ECA programs may include: the Critical Language
Scholarship Program, Benjamin A. Gilman Scholarships, various Teacher Exchanges
that are not Fulbright activities, English Language Fellows and Specialists,
research fellows associated with Overseas Research Centers (under CAORC), high
school youth exchanges including NSLI-Y and YES Abroad, and university
representatives and students participating in other programs.
c. All participants are advised to enroll in the
Bureau of Consular Affairs Smart Traveler Enrollment Program (STEP) as soon as
possible (for additional information on STEP see 7 FAM 040.
Governing or administrating organizations are encouraged to participate in
OSAC, described above. Should evacuation become necessary for any reason, ECA
and the relevant Program Office will confer with post/commission and coordinate
with post efforts to facilitate the participants' evacuation as needed. Under
these circumstances, the ECA Program Office will provide support to post as
necessary. Grantees in or traveling to remote areas or out of country should
keep their point of contact in the designated U.S. mission informed of their
locations.
2 FAH-2 Exhibit H-112
Chief of Mission Authority Matrix
(CT:PMO-8; 05-03-2018)
The chart below provides information on who is and is not
under Chief of Mission authority and contains general guidelines on others
working with U.S. Missions abroad. The information on privileges and
immunities is purely illustrative and cannot be relied upon as applicable to
any given situation. L/DL must be contacted to obtain accurate advice on
privileges and immunities.
See 2 FAH-2 H-112
above for details on determining who is under COM authority.
Type of Position
|
Receives Privileges and Immunities?
|
Receives ICASS Services?
|
Other Considerations
|
Under COM Authority
|
All U.S. government executive branch permanent positions
(including USDH and US PSCs) not falling with one of the exceptions below.
|
Members of a diplomatic or consular mission are generally
accredited and enjoy privileges and immunities under the VCDR or VCCR. Other
bilateral agreements may cover the mission or other groups of personnel.
Peace Corps permanent staff members typically do have privileges but do not
have immunities.
|
Services may be provided in accordance with ICASS policy
and COM directives/policy.
|
Typically these are declared members of the diplomatic or
consular mission and receive
Passports according to Consular Affairs Passport Policy.
NSDD-38 required to establish, abolish, or change, mandate of any direct-hire
positions.
|
All USG executive branch TDY employees including USDH,
PSC, Locally Employed staff.
|
USG official visitors generally are not accredited, nor
enjoy privileges and immunities, under the VCDR or the VCCR. Temporary
visitors may, in rare cases, receive privileges and immunities under a bilateral
agreement
|
Services may be provided in accordance with ICASS policy
and COM directives/policy.
|
Typically these are NOT members of the diplomatic or
consular mission but can be with Host Government approval. Passports
according to Consular Affairs Passport Policy
Country Clearance Required.
|
Locally Employed staff (LE Staff) and third country
nationals (TCN) hired by the U.S. Mission through PSA, PSC or direct hire in
country of assignment.
|
LE and TCN staff are typically nationals of, or resident
in, country. Nationals or permanent residents usually do not enjoy any
privileges or immunities.
|
LE Staff and TCN employees will get services while they
are at the office as required in the performance of their duties. ICASS
services would typically not extend to their residences unless included in
their contract, approved by the COM and the ICASS council, and in some cases
by the Regional Bureau.
|
Typically not members of the diplomatic or consular
mission, but may be consular agents.
COM approval required to establish, abolish or change
mandate of the position (per the Presidents Letter of Instruction).
|
Explicit Exceptions
|
DOD forces/or other elements under GCC Command: Applies to
DOD employees engaged in operations explicitly under authority of the GCC.
Exempted in Presidents Letter and FS Act.
|
Individuals in this category may be covered under SOFA or
bilateral agreement.
|
ICASS services maybe provided if approved by the COM,
paid-for and can be provided within existing capacity.
6 FAH-5 H-394
charging Agencies services provided to personnel or entities not under COM
authority
|
Not a member of the diplomatic mission unless so defined
in a bilateral agreement.
Passports according to Consular Affairs Passport Policy
Country clearance may be required by Presidential
Directive or DOD policy.
|
IO
Staff: USG employees officially detailed to an IO and performing functions
of the IO.
Exempted in Presidents Letter.
|
Any privileges or immunities they may have are generally
controlled by the IO.
|
ICASS services may be provided if approved by the COM,
paid for by sponsoring agency within existing capacity.
2 FAH-2 H-115
U.S. Government employees assigned
IOs and
6 FAH-5
H-352.5 on IOs and ICASS
|
Typically will not be members of the diplomatic or
consular mission
Passports according to Consular Affairs Passport Policy
Exempted from country clearance requirement by Presidents
letter
|
VOA Reporter on official assignment.
Exempted in Foreign Service Act.
|
It depends on individual agreement or arrangement between
the United States and host country.
|
ICASS services may be provided if approved by the COM,
paid for by sponsoring agency and can be provided within existing capacity.
6 FAH-5 H-394
charging Agencies services provided to personnel or entities not under COM
authority
|
Not a member of the mission
Passports according to Consular Affairs Passport Policy
Country clearance required
|
Excluded Not USG Executive Branch Employees
|
Non-Executive Branch USG:
All legislative and judicial branch USG employees and
personnel.
|
Individuals in this category usually do not enjoy any
privileges or immunities.
|
ICASS services may be provided if approved by the COM,
paid for by employees or sponsoring agency and can be provided within
existing capacity.
6 FAH-5 H-364
VIP VISITS
6 FAH-5 H-394
charging Agencies for services provided to personnel or entities not under
COM authority
|
Can be members of the mission in limited circumstances
Passports according to Consular Affairs Passport Policy
Country clearance or notification required
|
Third Party Contractors: Employees of private companies,
NGOs, Civil Society Organizations or other partners.
|
Individuals in this category usually do not enjoy any
privileges or immunities, unless accredited under the VCDR or VCCR or unless
privileges or immunities are provided under a bilateral agreement. Pursuant
to 2 FAM
221.2(d-e) Director General of HR approval is required to accredit
non-USG employees as member of a diplomatic or consular mission.
|
Services must be addressed in contract. ICASS services may
be provided in accordance with ICASS policy and can be provided within
existing capacity.
FAR 52.225-19 Contractor Personnel
6 FAH-5
H-352.4 Non-PSC Contractors
6 FAH-5 H-394
charging Agencies for services provided to personnel or entities not under
COM authority
6 FAH-5
H-352.4 Contracts (Non-PSCs with Individuals and Institutions)
|
Can only be members of the diplomatic or consular mission
if DOS Director General of HR expressly approves pursuant to 2 FAM 221.2(d-e).
Passports according to Consular Affairs Passport Policy
Country clearance may be required by contract.
|
VCDR: Vienna Convention on Diplomatic Relations
VCCR: Vienna Convention on Consular Relations
2 FAH-2 Exhibit H-113
Questions and Sample Language for Decision Memos to COM to Request Position
Changes
(CT:PMO-6; 04-20-2017)
The below questions are those used when requesting approval
of increases or decreases in positions through the Rightsizing Offices
automated system. Post may find these questions useful when reviewing requests
that are processed at post and do not need to go through the Rightsizing office
for review.
Request to COM Approval of an increase/decrease in positions
A. Authorizing Official: include the title, full name,
business phone, and email.
B. Location of Requested Position: identify the city
and country.
C. The Number of Actions Requested: a request may
include more than one position and may also include a mix of actions to
increase, decrease, or change the responsibilities of a position or positions.
D. Other COM-approved agency positions: the following
questions must be answered:
Do you have COM approved positions at the proposed location
(city)? (Yes/No)
If Yes, Provide the number of COM-approved positions,
whether approved locally or through the NSDD-38 process:
US-based / Off-shore-based approved NSDD-38 Positions
Direct-hire
U.S.-based PSC
Off-shore hired TCN
Locally Recruited Direct-hire
Locally Approved Positions
Local Hire
EFMs
Other
E. Position Classification and Staffing Information for
requested position: Provide details of the position:
Action Requested (increase, decrease, extension,
modification, Domestic Employee Teleworking Overseas - DETO)
Employment Type (US-based direct-hire, US-based PSC,
off-shore hired TCN, locally recruited direct-hire, locally recruited PSA)
Pay Plan, (e.g. GS, FS, MIL, FSN, Other) and Pay Grade
Position Title
Duration of Position (e.g. Permanent or Limited specify
number of months or years, if limited)
Requested Date for an Employee to Encumber the Position
F. Position Justifications
1. Justification for Requesting an Increase:
a. Provide a summary of the requested positions
roles and responsibilities. This should be no more than a short paragraph and
a complete position description is not required.
b. Is there a specific legislative authorization or
presidential directive associated with the function of the proposed position?
If Yes, provide the citation
c. Is the requested position justified in the
posts most recent strategic planning documents, such as the Mission Resource
Request?
d. Is this a regional position?
If yes:
- What geographic areas will be covered?
- State your Agencys reason for selecting this post for a
regional position:
e. How will the agency perform the function if this
request is not approved?
f. List support requirements for the position(s)
g. Is this position to be located in the Controlled
Access Area (CAA)? (Yes/No)
h. What kind of management support is expected of
post (e.g. office space, housing, medical, check-cashing services, DPO, pouch,
or classified equipment)?
i. Is funding available for the requested
management support?
If yes, briefly describe the arrangements. If no, when
is it expected?
2. Justification for Requesting a Decrease
a. Provide the original case number or document
number establishing the position.
b. What event(s) eliminated the need for the
position?
c. Has notice of intent to withdraw current levels
of service been given to ICASS providers at post? If yes, provide the date of
notification:
d. Additional information: If available, provide
the NSDD-38 case number, post approval cable MRN and the date the position was
established.
Sample Language in Post memo documenting the COMs
decision on a position (post may find the samples of COM decision cables on the
NSDD-38 website useful in creating their post documents). Written
documentation must be provided in response to all position requests both
those that go through the NSDD-38 system and those that are managed by post.
Post managed decision documentation will be maintained at post, and is not sent
back to the Rightsizing Directorate.
Approval (may be with conditions/limitations)
Subject: Response to (Agency) Request to Add
(number/type) Position(s) in (Post)
The Chief of Mission has reviewed and approves the
(Agency/section) request to add the following (type of position e.g. local
hire PSA, PSC, etc) to (Post), effective (month/year):
If there are limitations/conditions on the approval,
note approves the request with conditions. In the next paragraphs, list
them: approval is contingent on funding/leasing of adequate office space, or
of host government approval of subject activity, position is limited to a
specific duration in time or an event, or is contingent on agreement to comply
with specific requests (such as locating office in specified area) etc.
Position title, grade
The functions of this position cannot be accomplished
through the use of TDY, contractor, or other types of local hire personnel.
Post confirms that (the requesting agency) will fund the
necessary financial requirements and agrees with estimated ICASS costs.
(Requesting agency) notes current staffing of X direct hires
and Y locally employed staff (including this new position).
Disapproval
Subject: Response to (Agency) Request to Add (number/type)
Position in (Post)
The Chief of Mission disapproves the (Agency/section)
request to add the following (type of position e.g. local hire PSA, PSC, etc)
to (Post), effective (month/year).
Explanation of reason for disapproving request such as:
Lack of sufficient office space, not relevant to mission
priorities, lack of consultation and planning before submitting the request,
security, financial, support limitations, other concerns. The memo can include
guidance on further information the requesting agency could submit and/or
circumstances that would change COM decision.
2 FAH-2 Exhibit H-116
CHIEF OF MISSION SECURITY RESPONSIBILITY AND EMERGENCY NOTIFICATION
(CT:PMO-7; 04-03-2018)
The below chart identifies individuals in the COMs
area of responsibility that may be accounted for in an emergency based on
guidance in 2
FAH-2 H-116 and 12 FAH-1 H-735
on Personnel Emergency Notification Systems.
COM Security Responsibility and Emergency Notification
Category
|
A
|
B
|
C
|
D
|
Type of Mission/COM security role
|
Security obligation and operational control
|
Incidental security oversight
|
Coordination of security (includes groups where
security operational control is delegated from COM to another USG entity)
|
Part of Consular Affairs Notification System
|
Types of Personnel included in each
Category
|
All USDH employees subject to COM Authority and their
EFMs
DOD personnel covered in Annex A of the
country-specific security MOA
LE staff of the U.S. Mission when on duty (not
typically evacuated)
US and TCNs hired on PSCs.
|
Non-COM authority personnel living or working in
Mission facilities, including: Non-PSC/commercial contractors, MOHs, ORE
staff, USDH employees domestic staff, unpaid interns, commissary and rec
association employees, etc.
|
USG employees not subject to COM Authority on official
business abroad including Judicial, Legislative, and certain Executive branch
employees (VOA correspondents,
USG employees on the staff of an international
organization
DOD personnel covered in Annex B of the
country-specific security MOA (COM has delegated security operational
authority to a GCC) and their EFMs
LE staff (and TCN staff depending on contract) of U.S.
Mission when off duty
|
Private U.S. citizens not located in COM controlled
facilities (such as local residents, Peace Corps volunteers, USG contractors,
NGO employees, education grant recipients, U.S. citizen visitors or others).
|
Post Action
|
EAC and employees have a mutual responsibility to
collect/maintain contact details and maintain accountability
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COM may require contact details as a condition of
presence in U.S. Mission facilities.
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Recommend post collect/maintain contact info (may be a
POC for groups).
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Consular Affairs provides the STEP system where these
individuals may provide contact details voluntarily
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Policy on COM Security and Emergency Notification Systems
During an emergency, a Chief of Mission (COM) must have the
ability to quickly disseminate information and determine the safety, location,
and status of individuals under COMs security responsibility and security
operational control in emergency situations. (See 2 FAM Exhibit
111.3(I) for 22 U.S.C. 4805).
These policies and tools explain how Missions must account
for employees and accompanying dependents under COM security responsibility in
a crisis (Ref 2
FAM 031). The COM is the Presidents personal representative and as such
is responsible for the effective management of the Mission and coordination of
all U.S. government elements in the COMs area of responsibility, whether they
are subject to COM security responsibility or not (see 2 FAH-2
H-115.3 and 116 for more information).
All executive branch agencies with personnel under COM
authority are required to keep the COM informed of their current and planned
activities in the host nation. They are also required to ensure that
employees comply fully with all applicable COM directives (see 22 U.S.C. 3927).
This includes security directives like participation in emergency planning and
response as directed by the COM. In addition, to facilitate
fulfillment of the Secretarys responsibilities under the Diplomatic Security
Act for security of certain U.S. government personnel on official duty abroad
and their accompanying dependents, other U.S. government agencies operating in
the host nation are required to coordinate security and cooperate (through
agreements) with the Secretary of State to the maximum extent possible (22
U.S.C. 4805(a)).
All Posts must institute mechanisms for disseminating
information to and accounting for individuals subject to COM security
responsibility when threats, emergencies, and other crises occur at Post or
threaten U.S. interests elsewhere (ref 12 FAH-1 H-735,
2 FAH-2 H-115
and H-116). The established program for communicating with individuals
subject to COM security responsibility overseas is known as the Post Emergency
Notification System (PENS). Private U.S. citizens may use the Bureau of
Consular Affairs Smart Traveler Enrollment Program (STEP).
The Emergency Action Committee (EAC) is established by the
COM at every post, and represents all sections and agencies (12 FAH-1 H-230).
The EACs security-related responsibilities are outlined in 12 FAH-1 H-232.
The EAC must help develop an Emergency Action Plan (EAP), which outlines
procedures for response to foreseeable contingencies, per 12 FAH-1 H-030,
and execute the relevant elements of a posts plan as required in an emergency
(12 FAH-1
H-030).
Part of the EAP requires post to develop and maintain a
PENS. The PENS communication framework must both provide notifications and
receive responses using multiple (redundant) communication methods to enable
posts to provide accountability as required. All individuals subject to COM
security responsibility as identified in this exhibit and in 2 FAH-2 H-116
must be included in this emergency notification and accountability process.
See 12 FAH-1
H-735 for details on creating and activating PENS and requirements for
accountability. This document identifies the individuals who must be accounted
for.
Categories of Personnel (see also the chart at the
beginning of this exhibit):
Personnel who must be included in the PENS and be accounted
in order to confirm COM accountability. These personnel are subject to COM
security responsibility and security operational control. When individuals in
this category receive an emergency notification issued by the U.S. Mission,
they must respond providing their safety status and whereabouts before Post
identifies them as accounted for. This category includes (See 2 FAH-2 H-116
and 116.2 for further information):
i. All Executive Branch USDH and Personal Services
Contractors (PSCs) subject to COM authority and for which the Secretary of
State has not delegated operational control of overseas security functions
(including DoD personnel covered in Annex A of the country-specific security
Memorandum of Agreement (MOA)), and their authorized accompanying family members.
ii. Locally Employed Staff (LE Staff) of the U.S.
Mission when on duty.
Personnel who receive Incidental Security Oversight and are
expected to participate in the PENS. Although the below individuals are not
subject to COM security responsibility, it is strongly recommended the COM
include them in the dissemination of emergency notifications because of their
presence while living or working in Mission facilities. These groups are
expected to comply with security policies to ensure overall security and safety
of the community and, if contacted, their response to emergency notifications
assures the COM individuals in a U.S. government facility are accounted for
(Ref 3 FAM 4181).
(See 2
FAH-2 H-116.3 for further information). This category includes:
i. Members of Household (MOH), personal employees
(e.g., Official Residence Expense (ORE) staff, nannies, maids) in mandated
categories in a. sections i and ii above, or others, who are
residing/cohabiting in and using U.S. government-provided facilities. When
posted abroad, an employee or contractor must obtain prior approval from the
COM or principal officer (PO) prior to beginning to cohabit with a foreign
national or a U.S. citizen in U.S. government-provided housing ( 12 FAM 275).
ii. Third party contractors or other non-U.S.
government employees, unpaid interns, or others who are living or working in
U.S. government-provided facilities.
Personnel who coordinate security with the COM and may
participate in PENS. These employees may be requested, but not required, to
provide individual contact information or a point of contact for a group: This
category includes USDH employees who may not be under COM security operational
control who are on official business in the COMs area of responsibility as
well as some who are under COM security responsibility, but not under COM
authority (See 2
FAH-2 H-115 and 116 for further information on coordination between the COM
and these groups) and LE staff when off duty. These two groups have slightly
different requirements:
i. USG employees not subject to COM Authority and/or
where COM delegated security operational control on official business in the
COMs area of responsibility. These employees are typically under COM security
responsibility, but may not be, such as in the case of GCCs. U.S. government
entities not under COM security responsibility still are expected to consult
and coordinate responses to common threats. These employees are expected to
abide by security policies as appropriate, including coordinating travel to any
areas the COM has identified as dangerous or requiring special security
arrangements. It is recommended these groups provide contact details for a POC
to allow notification in an emergency and coordinate general security issues.
They may be included in PENS, but are not required. They may receive
notifications, but cannot be required to respond. This includes:
USDH employees and PSCs not subject to COM authority (such
as Judicial, Legislative, and certain Executive branch employees, U.S.
government employees detailed to an International Organization and Voice of
America (VOA) correspondent).
U.S. government employees under a GCC and DOD personnel
covered in Annex B of the Country-specific MOA who are the security operational
control of the GCC.
ii. LE staff of the U.S. Mission off duty. It is
recommended for LE Staff to provide contact information when not on duty. If
provided, they will be included in PENS when on or off duty (see 2 FAH-2 H-116.2
h). When off duty, they may receive notifications, but cannot be required to
respond.
Individuals who are part of Consular Affairs Notification
System. The Bureau of Consular Affairs STEP system allows USCs to voluntarily
provide contact details and receive notifications. This is separate from
PENS. The Posts consular section is responsible for this group and includes
them in the Missions evacuation planning. This group includes private U.S.
Citizens, such as local residents, Peace Corps volunteers, USG contract
employees, NGO employees, education grant recipients (e.g. Fulbright or other)
etc.