3 FAM 7220
PROCESSING FOR EMPLOYMENT
(CT:PER-937; 12-14-2018)
(Office of Origin: HR/OE)
3 FAM 7221 APPLICATION
(CT:PER-937; 12-14-2018)
(State/USAID/Commerce/Agriculture)
(Applies to Locally Employed Staff Only)
Each applicant for employment should complete, or have
someone complete for them, four copies (three if at a post where a regional
security officer is assigned) of Form DS-174, Application for Employment as a
Locally Employed Staff or Family Member. See 3 FAH-2 H-300 for
procedures for processing employment of Locally
Employed (LE) Staff.
3 FAM 7222 SECURITY AND SUITABILITY
INVESTIGATION
3 FAM 7222.1 Policy
3 FAM 7222.1-1 Initial
Appointment
(CT:PER-937; 12-14-2018)
(Uniform State/USAID/Commerce/Agriculture)
(Applies to Locally Employed Staff Only)
Heads of overseas establishments may appoint LE Staff only after:
(1) A personal interview has been conducted;
(2) A completed Form DS-174, Application for
Employment as a Locally Employed Staff or Family Member, has been reviewed;
(3) All appropriate host government and post records
have been checked; and
(4) At least a temporary security certification, good
for 120 days, has been issued by the post security officer. The post security
officer may issue extensions of the initial 120 day temporary security
certification.
3 FAM 7222.1-2 Employment With
Temporary Security Clearance
(CT:PER-237; 01-01-1995)
(Uniform State/USAID/Commerce/Agriculture)
(Applies to Locally Employed Staff Only)
Employment beyond 120 days of persons hired with only a
temporary security certification is contingent upon completion of a detailed
local security and suitability investigation, review of each case by the
appropriate regional security office, and issuance of a final security
certification by the regional security officer.
3 FAM 7222.1-3 PSCs and TCNs
(CT:PER-937; 12-14-2018)
(Uniform State/USAID/Commerce/Agriculture)
(Applies to Locally Employed Staff Only)
Personal services contract (PSC) employees and TCNs will
be subject to the same investigative and certification procedures as LE Staff.
3 FAM 7222.1-4 Foreign
Contractors
(CT:PER-937; 12-14-2018)
(Uniform State/USAID/Commerce/Agriculture)
Foreign contractors and their employees will be subject to
the same investigative and certification procedures as LE Staff when the proposed contract requires or
permits:
(1) Services to be rendered in a manner or under
working conditions similar to those prevailing for LE Staff; or
(2) Regular and emergency maintenance services not
under surveillance to be performed in U.S. Government occupied office space.
3 FAM 7222.1-5 Recertification
(CT:PER-937; 12-14-2018)
(Uniform State/USAID/Commerce/Agriculture)
(Applies to Locally Employed Staff Only)
Recertification is required when:
(1) The certification of LE Staff, TCN employee, or contractor has not
been revalidated within the past five years; or
(2) A contractors services have not been used for a
period of one year.
3 FAM 7222.2 Procedures
(CT:PER-937; 12-14-2018)
(Uniform State/USAID/Commerce/Agriculture)
(Applies to Locally Employed Staff Only)
See 3
FAH-2 H-300.
3 FAM 7223 MEDICAL REQUIREMENTS
(CT:PER-937; 12-14-2018)
(Uniform State/USAID/Commerce/Agriculture)
(Applies to Locally Employed Staff Only)
Candidates for appointment as LE Staff must be examined prior to appointment
as required in 3
FAM 7130.
3 FAM 7224 EMPLOYMENT CONDITIONS AND
PROHIBITIONS
3 FAM 7224.1 Employee Conduct
Regulations
(CT:PER-937; 12-14-2018)
(Uniform State/Commerce/Agriculture (Applies to Locally Employed Staff Only) (USAID:
Applies to Foreign Service National Direct Hires Only)
The agency head at each mission is responsible for informing Locally Employed (LE) Staff working in their agency of
the Government-wide standards of conduct in 5 CFR Part 2635, the uniform
State/USAID/Commerce/Agriculture policy in 3
FAM 4100 on employee responsibilities and
conduct, as applicable to LE Staff, and any relevant mission policies and
employee handbooks. For USAID, see the
Agencys policies in ADS 495 regarding FSN Standards of Conduct.
3 FAM 7224.2 Other Conditions of
Employment
(CT:PER-937; 12-14-2018)
(Uniform State/USAID/Commerce/Agriculture)
(Applies to Locally Employed Staff Only)
Employees must also
be informed of the following additional conditions.
3 FAM 7224.2-1 Host Government
Laws and Regulations
(CT:PER-937; 12-14-2018)
(Uniform State/USAID/Commerce/Agriculture)
(Applies to Locally Employed Staff Only)
a. LE Staff personnel
programs conform as closely as feasible with local law and prevailing practice, but must be based on and
administered in accordance with U.S. laws and regulations.
b. All LE Staff are
obligated to observe the laws of the host government, including those
concerning income and related tax obligations. In the absence of
Department approval, the U.S. Government will not
withhold foreign tax from an employees salary,
and payment of such taxes is a matter between the employee and the host
government:
(1) Post should ensure that
LE Staff are aware of their obligations to comply with all tax
responsibilities.
(2) An employee
may find it helpful to make an allotment of pay to a savings account upon which
to draw to meet a tax obligation.
(3) For State,
see 4 FAH-3
H-548.
(4) For USAID,
see the Agencys policies in ADS 495 Position
Classification, and Pay.
3 FAM 7224.2-2 Accessing U.S. Government Information
(CT:PER-937; 12-14-2018)
(Uniform State/Commerce/Agriculture: Applies to Locally Employed Staff Only) (USAID:
Applies to Foreign Service National Direct Hires Only)
a. LE Staff must comply
with all requirements relating to accessing and using U.S. Government
information and must not access such information unless authorized to do so. (See
5 FAM regarding limited access to administratively controlled information and
12 FAM relating to access to classified information.)
b. For USAID, see the
Agencys policies in ADS 552 and 12 FAM 500 regarding the protection of information and
information systems.
3 FAM 7224.2-3 U.S. Citizenship
(CT:PER-937; 12-14-2018)
(Uniform State/USAID/Commerce/Agriculture)
(Applies to Locally Employed Staff Only)
a. An LE Staff who has
or obtains U.S. citizenship is entitled to receive wages that at least meet the
U.S. federal minimum wage. If a U.S. citizen LE Staffs salary under the Local
Compensation Plan does not meet or exceed the U.S. federal minimum wage, a
supplement will be authorized to raise the salary to the U.S. federal minimum
wage. Once the LE Staffs salary under the Local Compensation Plan otherwise
meets or exceeds the U.S. federal minimum wage, the supplement will no longer
be authorized and must be discontinued.
b. In addition to tax
obligations under local law, LE Staff who are U.S. citizens or have U.S. Legal
Permanent Resident status are required to pay U.S. income and related taxes,
and these taxes will be withheld from the LE Staffs compensation by the U.S.
Government. LE Staff must immediately notify post management if they have or
obtain U.S. citizenship or U.S. Legal Permanent Resident status.
c. For USAID: FSN and
TCN direct-hire employees, the HCTM/OHCI/FSN Unit provides guidance on issues
concerning the termination of employment when such employees obtain U.S.
citizenship.
3 FAM 7224.2-4 Union
Participation
(CT:PER-937; 12-14-2018)
(Uniform State/USAID/Commerce/Agriculture)
(Applies to Locally Employed Staff Only)
a. Title VII of the Civil Service Reform Act of 1978
Public Law 95-454, and chapter 10 of the Foreign Service Act of 1980, are not
applicable to LE Staff.
b. Post management may
not recognize LE Staff unions, as such
unions are not subject to the controls that exist in the relationship between a
U.S. union and the Federal employee.
c. If approached by a union through the host
government, the Mission may cooperate with
the host government to the extent of distributing union informational matter. It will make clear to the host government and LE Staff that it cannot recognize the union as a
bargaining agent and that the Mission is
not responsible for the content of the material, cannot participate in any
membership drive or other activity of the union, and cannot encourage LE Staff to join the union.
d. Any payment of union dues is on a voluntary basis,
and a check-off of union dues is prohibited.
3 FAM 7224.2-5 Prohibition
Against Striking
(CT:PER-937; 12-14-2018)
(Uniform State/USAID/Commerce/Agriculture)
(Applies to Locally Employed Staff Only)
As set forth in 5 U.S.C. 3333 and its implementing
regulations, all LE Staff are required to complete an affidavit upon entry on
duty affirming that they will not participate in a strike against the U.S.
Government. Notwithstanding failure to affirm the employees understanding of
this prohibition, all LE Staff are subject to the limitation of 5 U.S.C. 7311 that
an employee may not participate in a strike against the U.S. Government. Such
participation is grounds for termination.
3 FAM 7224.2-6 Drug Free
Workplace
(CT:PER-937; 12-14-2018)
(Uniform State/USAID/Commerce/Agriculture)
(Applies to Locally Employed Staff Only)
The U.S. Government is committed to maintaining a
drug-free workplace as described in 3 FAM 2110, and this extends to U.S. Missions abroad, regardless
of what substances may be legal in a specific country. For USAID: See ADS
Chapter 410 for policy and procedures for promoting a drug-free work
environment.
3 FAM 7225 THROUGH 7229 UNASSIGNED