2 FAM 400
OPENING, CLOSING, OR CHANGING THE STATUS OF A FOREIGN POST
2 FAM 410
GENERAL PROCEDURES
(CT:GEN-529; 10-09-2018)
(Office of Origin: HR/RMA)
2 FAM 411 PROCESS TO OPEN, CLOSE, OR
CHANGE THE STATUS OF A FOREIGN SERVICE POST
(CT:GEN-425; 09-16-2014)
A proposal to open, close, or change the status of a post
normally is made and recommended by the assistant secretary for the appropriate
regional bureau. Both the Deputy Secretary of State and Deputy Secretary for
Management and Resources must approve any presence recommendations for high
threat, high risk posts via the Vital Presence Validation Process (VP2). In
cases where there is no consensus, the Secretary of State must approve the
presence recommendation. The final decision to open, close, or change the
status of a diplomatic mission is made by the President. The final decision to
open, close, or change the status of a consular post, consular agency, branch,
or special office is made by the Under Secretary for Management.
2 FAM 411.1 Requesting
Authorization to Open, Close, or Change Status of Foreign Service Post
(CT:GEN-441; 03-23-2015)
The assistant secretary for the requesting regional bureau
prepares a written proposal requesting authorization to open, close, or change
the status of a Foreign Service post. This proposal must be cleared by those
bureaus/offices which have a vested interest in terms of setting foreign policy
priorities, allocating Department resources or dealing with the Congress and
the public. These bureaus/offices act in an advisory capacity on any proposal
to open, close, or change the status of a diplomatic mission or a consular
post. The bureaus/offices and their primary areas of responsibility are:
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Bureau/Office
|
Areas of Responsibility
|
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Bureau of Human Resources (M/DGHR)
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Foreign policy priorities; human resources (FS and Locally
Engaged Staff (LE Staff))
|
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Bureau of the Comptroller and Global Financial Services
(CGFS)
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Foreign policy priorities; resources (salaries and
support)
|
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Overseas Buildings Operations (OBO)
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Real property (office and residential); operational
expenditures (furnishings/vehicles/ schools/official and household
transportation/allowances)
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Bureau of Consular Affairs (CA)
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Consular requirements
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Bureau of Diplomatic Security (DS)
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Security requirements; OSPB standards; transportation
(armored vehicles); communications requirements; host government security
capabilities
|
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Bureau of Legislative Affairs (H)
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Congressional relations; legislative requirements
|
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Foreign Service Institute (M/FSI)
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Training requirements
|
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Office of Management Policy, Rightsizing and Innovation
(M/PRI)
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U.S. Government rightsizing; general management issues
|
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Office of the Under Secretary for Political Affairs (P)
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Foreign policy perspective and priorities
|
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Office of the Legal Adviser (L)
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Legal requirements
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In addition, before opening, re-opening, or suspending
operations at a high threat, high risk post, both the Deputy Secretary of State
and Deputy Secretary for Management and Resources must sign a decision
memorandum approving a presence recommendation at this post. In cases where
there is no consensus, the Secretary of State must approve the presence
recommendation. The recommendation must take into account the balance between
acceptable risk and advancing core U.S. interests at this high threat, high risk
post, and ensure that appropriate resources are available to accomplish Posts
mission. The process by which the regional bureau must develop this decision
memorandum is called the Vital Presence Validation Process (VP2). For all
posts on the high threat, high risk post list, this process must be undertaken
annually in order to continuously assess the situation. See 12 FAH-6 H-012 for the high threat, high risk post list. See 12 FAM 490 for information on how the High Threat Post
Review Board creates the high threat, high risk post list on an annual basis.
2 FAM 411.2 Factors to Consider
(CT:GEN-425; 09-16-2014)
Foreign Service posts are maintained at places of
significance to U.S. policy or interests and where the maintenance of a post is
acceptable to the foreign government. In determining whether to open, close,
or change the status of a post, the following factors are considered (as
appropriate):
(1) History of any previous U.S. representation in the
locality, including reasons for opening or closing such offices;
(2) Positive advantages to the U.S. Government in
maintaining U.S. representation in the locality for long-range or temporary
promotion of U.S. policy;
(3) Extent of need for reporting economic and
political developments in the locality in accordance with long-range U.S.
interests, including strategic consideration and the supply of strategic
materials;
(4) Extent of U.S. capital investment and commercial
interests, including the number of U.S. firms with established branches or
agents, and opportunities for the promotion of U.S. trade;
(5) Number of resident and transient U.S. citizens,
including expected changes, and their need for documentation, protection, and
other types of consular services;
(6) Anticipated need for, and efficacy of, a cultural
activities program to promote mutual understanding between the peoples of the
United States and the host country;
(7) Anticipated need for, and efficacy of, an
information program to promote local understanding of U.S. policies and objectives;
(8) Extent of local business and public activity
requiring consular services (such as notarial, citizenship, visa, and shipping
services); and convenience of travel and communications for United States and
local nationals to obtain such services;
(9) Expressed interest of U.S. Government agencies
(other than the Department) in the maintenance of a post in the locality;
(10) Expressed interest of host government in the
maintenance of U.S. representation in the locality (NOTE: When a consular district
is delimited to include territory in more than one state, the consent of each
state is required for the commencement of the performance of consular functions
(see 2 FAM 450);
(11) Representation maintained by the host government
in the United States, including number, rank, and functions of such office;
(12) Representation maintained by other governments in
the locality, including number, rank, and functions of such offices;
(13) Relationship of a new post with supervisory
offices, including possibility of centralized accounting or other
administrative functions to reduce costs;
(14) Availability of housing and office space
(including estimated cost), food, communication and transportation, recreation
and medical facilities, and other conditions which would affect the personnel
assigned to the post; and need for allowances and differentials, if any;
(15) Privileges and immunities extended or to be
extended U.S. representatives by the host government, including free entry, tax
exemption, etc.;
(16) Availability of personnel, funds, office furniture
and supplies, automotive equipment from other posts in the area, or reasons why
they are not available from such posts;
(17) Rank and size of post, including details of
proposed functions, staffing, and limits of consular district;
(18) Estimated initial and long-range requirements for
additional personnel, funds, supplies, and equipment; and
(19) Security requirements necessary to mitigate all
identified threats including but not limited to those stemming from terrorism,
political violence, crime, espionage, natural disasters, and host nation
ability to provide security in accordance with international treaties.
2 FAM 411.3 Preliminary Decision
(CT:GEN-441; 03-23-2015)
a. Although a proposal may originate in the field or
elsewhere, the assistant secretary of the regional bureau makes the preliminary
decision to open a post. After initial consultations with such offices in the
Department as the regional bureau deems appropriate, a memorandum detailing the
substantive objectives, justification for action, foreign policy implications
and potential resource requirements is prepared, cleared with the appropriate
bureaus/offices listed in 2 FAM 411.1,
and forwarded to the Under Secretary for Management through the Secretariat
(see 2 FAM
411.1 and 2
FAM 411 Exhibit 411.3). The preliminary decision normally includes only the
unsolicited view, if any, of other Federal agencies concerning their interest
in such a decision.
b. When the proposal concerns the opening, closing, or
change of status of a diplomatic mission, the regional bureau also prepares and
submits, with the statement, a memorandum for the President following
guidelines in the Secretariat Procedures Handbook.
c. When the proposal involves a high threat, high risk
post, the regional bureau must follow the Vital Presence Validation Process
(VP2). Both the Deputy Secretary of State and Deputy Secretary for Management
and Resources must sign a decision memorandum approving a presence
recommendation at this post. In cases where there is no consensus, the
Secretary of State must approve the presence recommendation. See 12 FAH-6 H-012 for the high threat, high risk post list. See 12 FAM 490 for information on how the High Threat Post
Review Board creates the high threat, high risk post list on an annual basis.
2 FAM 411.4 Final Decision
(CT:GEN-425; 09-16-2014)
a. The requesting bureau is responsible for securing
clearances and attaching or incorporating the comments and recommendations of
the bureaus/offices into the final proposal memorandum. A reasonable deadline
by which all bureaus/offices must clear may be set by the requesting bureau.
Any clearances not received by the designated date shall be noted in the
memorandum.
b. In the case of high threat, high risk posts, the
requesting bureau is to follow the drafting and clearance process for the Vital
Presence Validation Process (VP2).
c. The requesting bureau should request comments
relevant to specific posts from the Office of the Inspector General. However,
it is left to the discretion of the Inspector General as to whether to respond
or not.
d. The requesting bureau forwards the complete proposal
package, including the cleared memorandum and all written comments from the
bureaus/offices, to the Director General (M/DGHR), serving as Secretariat, who
is responsible for overseeing the process and maintaining the files. The
Secretariat will review the package for completeness and forward it to the
Under Secretary for Management.
e. Should there be an impasse, the Director General,
serving as the Secretariat, may convene a meeting of the reviewing
bureaus/offices to resolve the matter. If resolution is not obtained, the
Director General may decide to forward the package with his or her
recommendations to the Under Secretary for Management.
f. In the case of a diplomatic mission, the Under
Secretary for Management reviews the proposal and forwards it with his or her
recommendations to the Secretary for presentation to the President.
g. The same procedure is followed for consular posts
and agencies, and branch and special officers, except that the final decision
on the proposal is made by the Under Secretary for Management.
h. The Bureau of Human Resources, Office of Resource
Management and Organization Analysis (HR/RMA) will maintain the official file
of record for post openings, closings or changing of status.
2 FAM 411.5 Timing the Request
(CT:GEN-273; 09-14-1991)
Formal approval to open, close or change the status of a
post must be granted prior to initiating any negotiations or
compromising/committing acts.
2 FAM 412 AUTHORITIES
(CT:GEN-305; 06-17-2003)
a. The U.S. Constitution, Article II, Section 2,
provides the basic authority for these procedures, deriving from the
President's authority to appoint ambassadors and other public ministers and
consuls.
b. Public Law 102-138 of October 28, 1991 (105 STAT.
647), provides specific provisions which must be followed when seeking to close
a consular or diplomatic post.
2 FAM 413 THROUGH 419 UNASSIGNED
2 FAM 411 Exhibit 411.3
PRELIMINARY DECISION MEMORANDUM
(SAMPLE TEXT)
(CT:GEN-425; 09-16-2014)
(Security Classification or
Administrative Control Designation)
ACTION MEMORANDUM
Date:
TO: MMs. Jane Doe
THRU: M/DGHRAmb. John Smith, Secretariat for Foreign
Service Posts
FROM: [Bureau] Assistant SecretaryRichard M. Roe
TAGS: AMGT, [country code]
SUBJECT: Preliminary Decision to Open Consulate at Cascade
Grande Mountlanda
This regional bureau, after informal consultation with other
appropriate offices, has made a preliminary decision to open a Consulate at
Cascade Grande, Mountlanda, during fiscal year 2014. In accordance with 2 FAM 422, the
following statement of objectives and projection of personnel requirements is
provided.
(Regional bureau completes.)
The Bureau will await advice of final decision on this
matter from your office.
Recommendation:
Approve _____________ Disapprove
_____________
Clearances:
(As required in 2
FAM 411.1)
(Security Classification or
Administrative Control Designation)