3 FAM 4120
EMPLOYEE RESPONSIBILITIES ABROAD
(CT:PER-938; 02-25-2019)
(Office of Origin: HR/ER)
3 FAM 4121 GENERAL
3 FAM 4121.1 Applicability
(TL:PER-491; 12-23-2003)
(Uniform State/USAID/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service, Foreign Service National, and Civil Service)
a. All U.S. Government employees of participating
agencies while abroad; and
b. All employees subject to the control of the Chief of
Mission.
3 FAM 4121.2 Authority
(CT:PER-804; 02-01-2016)
(Uniform State/USAID/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service, Foreign Service National, and Civil Service)
a. 22 U.S.C. 3927;
b. 22 U.S.C. 4343; and
c. The Vienna Convention on Diplomatic Relations.
3 FAM 4121.3 Relationship to
Government-Wide Standards of Ethical Conduct
(TL:PER-491; 12-23-2003)
(Uniform State/USAID/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service, Foreign Service National, and Civil Service)
The rules in this subchapter are in addition to the rules
of Ethical Conduct found in 5 CFR 2635, and take into account foreign policy
considerations and treaty and statutory obligations.
3 FAM 4121.4 Delegation of
Authority
(TL:PER-491; 12-23-2003)
(Uniform State/USAID/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service, Foreign Service National, and Civil Service)
The Chief of Mission may delegate any authority granted in
this subchapter.
3 FAM 4122 GIFTS AND DECORATIONS FROM
FOREIGN GOVERNMENTS
(TL:PER-491; 12-23-2003)
(Uniform State/USAID/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service, Foreign Service National, and Civil Service)
Employees and their spouses (unless separated) and their
dependents may accept gifts and/or decorations from foreign governments only
under the restrictions published in 22 CFR chapter 1, part 3.
3 FAM 4122.1 Guidelines
(TL:PER-491; 12-23-2003)
(Uniform State/USAID/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service, Foreign Service National, and Civil Service)
a. An employee abroad who has been offered a gift
(other than meals, refreshments or entertainment) by a private individual or
organization that cannot be personally accepted under 5 CFR 2635, Subpart B or under
other authority may accept it on behalf of the Department of State, or if
employed by another agency which has gift acceptance authority, on behalf of
that agency, if refusal, reimbursement at the fair market value, or return
would cause offense or embarrassment or otherwise adversely affect the foreign
relations of the United States.
b. An employee abroad may accept a gift of meals,
refreshment or entertainment by a private individual or organization as
provided in 5 CFR 2635.204(i).
c. Gifts accepted pursuant to section 3 FAM 4122.1a
are deemed to have been accepted on behalf of the U.S. Government and may not
be retained by the employee. Employees shall, within sixty days of acceptance,
deposit the gift for official use with their agency or, if the agency does not
have gift acceptance authority, with the Department of State. Gifts shall be
used and disposed of in accordance with State or agency regulations governing
property management and disposal. The designated offices for receiving gifts
are:
|
State
|
Embassy Administrative Officer
|
|
USAID
|
Mission Executive Officer, or Office of the Director of
Administrative Service (M/AS)
|
|
Commerce
|
Office of Organization and Management Support,
International Trade Administration
|
d. Gifts to an employee, spouse, or dependent from
foreign government officials are governed by regulations found in 22 CFR Part
3.
e. Gifts of travel expenses are governed by specific
agency regulations.
3 FAM 4122.2 Guidance
(TL:PER-491; 12-23-2003)
(Uniform State/USAID/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service, Foreign Service National, and Civil Service)
When posts or employees require guidance on dealing with
gifts or decorations, they should consult:
|
State
|
Office of Protocol
|
|
USAID
|
The Designated Agency Ethics Officer, Office of the
General Counsel
|
3 FAM 4123 RESTRICTIONS ON EMPLOYMENT
AND OUTSIDE ACTIVITIES
3 FAM 4123.1 Prohibitions in Any
Foreign Country
(TL:PER-491; 12-23-2003)
(Uniform State/USAID/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service, Foreign Service National, and Civil Service)
A U.S. citizen employee, spouse, or family member is
prohibited from engaging in the following activities while present in any
foreign country:
(1) Speculation in currency exchange;
(2) Transactions at exchange rates differing from
local legally available rates, unless such transactions are duly authorized in
advance by the Chief of Mission;
(3) Sales to unauthorized persons (whether at cost or
for profit) of currency acquired at preferential rates through diplomatic or
other restricted arrangements;
(4) Transactions which entail the use of the
diplomatic pouch or other official mail without official authorization;
(5) Transfers of blocked funds in violation of U.S. foreign funds and assets control;
(6) Independent and unsanctioned private transactions
which involve an employee as an individual in violation of applicable currency
control regulations of the foreign government; and
(7) Except as part of official duties, acting as an
intermediary in the transfer of private funds from persons in one country to
persons in another country, including the United States.
3 FAM 4123.2 Prohibitions in
Country of Assignment
3 FAM 4123.2-1 Employment
(TL:PER-491; 12-23-2003)
(Uniform State/USAID/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service, Foreign Service National, and Civil Service)
Except as provided in section 3 FAM 4123.2-2
and 3 FAM
4123.2-3, a U.S. citizen employee shall not transact, hold interested in
any business, engage for profit in any profession, or undertake other gainful
employment in the employees own name or the agency of any other person in any
country or countries to which the employee is assigned or detailed.
3 FAM 4123.2-2 Employment in
Embassy Community
(TL:PER-491; 12-23-2003)
(Uniform State/USAID/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service, Foreign Service National, and Civil Service)
A U.S. citizen employee, spouse, or family member may
pursue business activities or undertake employment otherwise precluded by
section 3
FAM 4123.2-1 where such activities or employment take place solely within
the U.S. embassy community.
3 FAM 4123.2-3 Teaching
(TL:PER-491; 12-23-2003)
(Uniform State/USAID/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service, Foreign Service National, and Civil Service)
a. A U.S. citizen employee may receive reasonable
compensation for teaching if receipt of compensation is not prohibited by 5 CFR
2635.807 and if the course is part of an extension program of an accredited
U.S. degree-granting institution or is offered by a private foreign university
that is not state-supported and if such teaching is consistent with the local
law of the host country.
b. The employee must obtain the approval of the Chief
of Mission. If employed by an agency, other than the Department of State, the
employee must also obtain the approval of his or her employing agency.
c. The request for approval must include:
(1) A detailed outline of the course to be taught;
(2) Names of required texts and brief descriptions of
other reading material;
(3) The frequency of classes; and
(4) The period of time involved.
d. Approval under this section satisfies the
requirements of 3
FAM 4175 with respect to teaching abroad.
e. These regulations do not prohibit teaching abroad
when compensation is not received so long as the teaching has been approved by
the Chief of Mission and, if required, by the employees employing agency.
f. U.S. citizen employees may accept reimbursement for
expenses incurred in approved teaching.
3 FAM 4123.2-4 Investments
(TL:PER-491; 12-23-2003)
(Uniform State/USAID/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service, Foreign Service National, and Civil Service)
a. A U.S. citizen employee (other than an employee who
has been hired locally), a spouse, or family member shall not invest money in:
(1) Bonds, shares or stock of commercial concerns
headquartered in the country of assignment or conducting a substantial portion
of their business in such country; or
(2) In real estate or mortgages on properties located
in the employees country of assignment, other than the purchases of a house
and land for personal occupancy at the time of assignment or at retirement, if
approved by the Chief of Mission.
b. Any such investment, if made prior to knowledge of
assignment to such country, or if inherited or obtained through marriage,
bequest, or gift, may be retained during such assignment, when approved in
writing by the Chief of Mission.
c. If retention is authorized, such investment may not
be sold while the employee is assigned or detailed to the country, unless the
Chief of Mission approves the sale in writing.
d. Investments held in a qualified trust, certified
under the provisions of 5 CFR 2634.401, are exempt from the provisions of this
section.
3 FAM 4123.2-5 Personal Property
(TL:PER-491; 12-23-2003)
(Uniform State/USAID/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service, Foreign Service National, and Civil Service)
A U.S. citizen employee, spouse, or family member shall
not sell, assign or otherwise dispose within a foreign country of personal
property (including a motor vehicle) that was imported into, or purchased
within that foreign country and that, by virtue of the official status of the
employee, was exempt from import limitations, customs duties, or taxes which
would otherwise apply, except in accordance with the regulations set forth in
22 CFR Part 136 and the regulations prescribed by the Chief of Mission in that
foreign country.
3 FAM 4123.3 Political Activities
(TL:PER-491; 12-23-2003)
(Uniform State/USAID/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service, Foreign Service National, and Civil Service)
A U.S. citizen employee, spouse, or family member shall
not engage in partisan political activities abroad, other than authorized
activities pertaining to U.S. elections. This provision shall not preclude a
locally hired U.S. citizen employee, who also is a national of the country of
residence, from exercising political rights deriving from that foreign
nationality.
3 FAM 4123.4 Private
Organizations; Fundraising
(TL:PER-491; 12-23-2003)
(Uniform State/USAID/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service, Foreign Service National, and Civil Service)
a. Approval from both the Chief of Mission and an
agency ethics official must be obtained before an employee, spouse, or family
member serves as an officer, director, or trustee of any private organization.
Chiefs of Mission should obtain such permission from an agency ethics official.
b. With the permission of the Chief of Mission, an
employee, spouse, or family member may engage in fundraising for non-profit
organizations in an official capacity abroad when such association with private
fundraising activities would clearly advance U.S. foreign policy interests
while minimizing the appearance of preference or use of public office for
private gain.
3 FAM 4123.5 General Conduct
(TL:PER-491; 12-23-2003)
(Uniform State/USAID/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service, Foreign Service National, and Civil Service)
An employee shall respect the laws of the country in which
the employee is present.
3 FAM 4124 PERSONAL LIABILITY
INSURANCE FOR PERSONAL MOTOR VEHICLES
(TL:PER-491; 12-23-2003)
(State)
(Executive Branch Employees under Authority of Chief of Mission)
a. Chiefs of Mission shall utilize their authority
under section 207 of the Foreign Service Act to require that all Executive
Branch employees subject to that authority obtain personal liability insurance
for their personal motor vehicle(s) and then maintain that insurance for the
duration of their tour.
b. The standard for the amount and scope of liability
coverage should be that which can reasonably be expected to afford adequate
compensation to victims under the local law of the host country.
c. Care should be taken to avoid policies, which
permit the insurer to avoid responsibility by invoking any diplomatic immunity
defense of the U.S. driver.
d. Each post should establish and the Chief of Mission
should approve guidelines establishing the minimum liability coverage required
by members of the Mission.
e. Employees on personal travel outside the host
country must maintain adequate private liability insurance in the third state.
3 FAM 4125 OUTSIDE EMPLOYMENT AND
ACTIVITIES BY SPOUSES AND FAMILY MEMBERS ABROAD
(TL:PER-491; 12-23-2003)
(Uniform State/USAID/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service, Foreign Service National, and Civil Service)
a. A spouse or family member of a U.S. citizen employee
may accept any outside employment or undertake other outside activity as
described in section 3 FAM 4123 in a
foreign country unless such employment:
(1) Would violate any law of such country;
(2) Could require a waiver of diplomatic immunity
deemed unacceptably broad by the Chief of Mission; or
(3) Could otherwise damage the interests of the United States as determined by the Chief of Mission in that country.
b. A spouse or family member should notify the
principal Administrative Officer at post before acceptance of intended outside
employment.
c. A spouse or family member accepting employment
abroad should bear in mind that he or she loses civil immunity from judicial
process for activities relating to employment and would be subject to the
payment of taxes on income from non-diplomatic employment.
3 FAM 4126 OUTSIDE EMPLOYMENT AND
ACTIVITIES OF NON-U.S. CITIZEN EMPLOYEES AND LOCALLY-HIRED U.S. CITIZEN
EMPLOYEES
(TL:PER-491; 12-23-2003)
(Uniform State/USAID/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service, Foreign Service National, and Civil Service)
a. A non-U.S. citizen employee, and a U.S. citizen
employee who has been hired locally must, at the time of hiring, receive
approval from the Chief of Mission in order to accept any outside employment or
undertake other outside activities as described in section 3 FAM 4123.
Such approval is also required if the employee subsequently proposes to
undertake outside employment or other outside activity.
b. Approval will be granted unless the Chief of Mission
determines that the employment or activity:
(1) Would violate any law of such country; or
(2) Could damage the interests of the United States.
3 FAM 4127 PERSONAL SECURITY PRACTICES
(TL:PER-491; 12-23-2003)
(Uniform State/USAID/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service, Foreign Service National, and Civil Service)
a. A terrorist or criminal attack against an employee
abroad will harm not just the employee, but also affects others in the Mission,
and will hinder the achievement of foreign policy priorities in the host
country. Therefore, it is incumbent on every employee to practice good
personal security measures abroad.
b. Employees should implement personal security
practices irrespective of the threat level in their country of assignment and
employ RSO-recommended measures that may include:
(1) Varying times and routes to and from work;
(2) Avoiding demonstrations; and
(3) Identifying and reporting vehicles or persons
possibly involved in surveillance of your activities.
c. Supervisors and managers should ensure that
employees have access to useful information, Department policies, and guidance
concerning personal security. They must also ensure they do not impose working
conditions that impede employees from maximizing their personal security.
Examples of working conditions that might be questioned, depending on the
threat environment in the country of assignment include:
(1) Shift changes at the same time every day;
(2) Regular early-morning staff meetings; and
(3) Strict adherence to set arrival and departure
times.
3 FAM 4128 PERSONAl Domestic WORKER
employment
3 FAM 4128.1 Policy and Authority
(CT:PER-804; 02-01-2016)
(Applies to Executive Branch employees under Chief of Mission Authority)
a. Direct-hire Executive Branch employees assigned
abroad under Chief of Mission authority are expected to ensure that personal
domestic workers employed in their homes are treated fairly and provided
employment conditions in accordance with local law and custom, to the extent
consistent with 3
FAM 4128.
b. Personal domestic workers are neither Federal
employees nor employees of the U.S. mission. They are employees of the
individual(s) in whose home they work and provide personal services, such as
cleaning, cooking, care of children, etc.
c. The Department expects its employees to treat
personal domestic workers in a manner reflecting basic concepts of dignity.
All employees, their family members, and members of household are advised that
the use of physical force, threats of force, coercion (including threatened
withdrawal of immigration benefits), or fraud to compel labor or sexual
services from a personal domestic worker could constitute the crime of
trafficking in persons under U.S. law. Further, all employees are expected to
abide by the provisions of their contracts with personal domestic workers.
d. The following regulations pertain to all personnel
under Chief of Mission authority. Post management may develop a policy to
implement these regulations in conjunction with actions required or permitted
under local law. Any such policy must adhere to the regulations contained in
this chapter, be compliant with local labor law and be fully consistent with
U.S. human rights and anti-trafficking policies.
3 FAM 4128.2 Employer
Responsibility
3 FAM 4128.2-1 Employees
Bringing Personal Domestic Workers to Post
(CT:PER-804; 02-01-2016)
(Applies to Executive Branch employees under Chief of Mission Authority)
All Executive Branch employees assigned abroad under Chief
of Mission authority who bring personal domestic workers to post with them
(i.e., where personal domestic workers obtain immigration benefits in order to
accompany an employee to post) are expected to:
(1) Enter into a written employment contract with the
personal domestic worker before that person requests a visa to travel to post
or is otherwise assisted by the mission in coming to or remaining at post;
(2) Ensure that the contract complies with local law, 3 FAM 4128, and
any applicable post policy, including post policy on the form of payment to
personal domestic workers. Contracts must include the following terms:
(a) Description of duties: The
contract must describe the work to be performed, e.g. housekeeping, gardening,
child care, etc.
(b) Hours of work: The contract
must state the time of the normal working hours and total number of hours
worked per week. A typical work week consists of 35 to 40 hours per week. The
contract must also provide the personal domestic worker with a minimum of at
least 1 full day off each week and reflect local law requirements, if any, with
regard to paid holidays, sick days, and vacation days. If local law does not
make provision for paid leave in these circumstances, the contract must
explicitly state whether such leave will be provided and if so, on what
terms.
(c) Wages: The contract must
state the hourly/weekly/monthly wage (prevailing or no less than minimum rate)
to be paid to the personal domestic worker and the frequency with which the
worker will be paid, which must be at least once a month. It must also state
that deductions (e.g., food, lodging, etc.) may not be taken from the wages,
except for deductions required by local law (e.g. social security) or requested
by the employee (such as repayment of a salary advance) or where such deductions
are allowed because the employee who provides lodging pays for the lodging with
personal funds. Employees living in no-cost government-provided housing or in
government-subsidized housing may not deduct lodging expenses from wages, nor
may they pay a reduced minimum wage for live-in domestic workers, even if such
deductions or such a rate is available under local law. Deductions for lodging
or payment of a reduced minimum wage for live-in domestic workers where
available under local law are permissible only for employees who provide
lodging for domestic workers in housing paid for with personal funds. The
contract must include a provision for severance and/or separation payments on
termination of employment, if required by local law.
(d) Overtime work: The contract
must state that any hours worked in excess of the normal working hours are
considered overtime. The contract must clearly state the rate for overtime
work. The rate for overtime must be at least as much as the hourly rate paid
for normal working hours and must be consistent with local law requirements.
Hours the personal domestic worker is required to stay in the residence because
he or she has to be on stand by are considered work/overtime hours and must
be paid as such. Where local law and contractual terms permit, the employer
may authorize compensatory time in lieu of overtime, provided the employee is
given sufficient opportunity to utilize compensatory time off that is earned.
(e) Possession of identity and personal
documents: The contract must state that all identity, travel, and
personal documents, including the passport and visa must remain in the sole
possession of the personal domestic worker.
(f) Living conditions: If the
personal domestic worker lives in the residence, the contract must reflect that
the employer is obligated to provide adequate and reasonable accommodations.
This will include at a minimum a private bed, access to a bathroom, kitchen
facilities, and proper food storage.
(g) Transportation to and from home
country: The contract must state that the employer will pay for the
transportation of the personal domestic worker to and from post, unless the
worker decides to stay at post and can do so legally. These costs may not be
deducted from the workers salary. However, the employer is not responsible for
any travel that the domestic worker takes on their own while at post.
(h) Provide a copy of the signed final contract to the
personal domestic worker for his/her records; and
(i) Submit to the Management Officer or his/her
designee a signed declaration indicating that the sponsoring employee has a
written contract with the personal domestic worker that meets the standards of 3 FAM 4128,
local labor law, and any applicable post policy (see 3 FAM4128.5 for a sample declaration). The declaration
must be submitted before the mission provides assistance in obtaining a visa
for the personal domestic worker or the mission otherwise assists the personal
domestic worker in coming to or remaining at post. Post management may also
require submission of the written contract before requesting a personal
domestic workers visa.
(j) Maintain contemporaneous records of payment during
the assignment. Employees are encouraged to keep those records for 5 years
after the termination of employment, regardless of whether payment is made via
electronic transfer, by check, or in cash. Payment records must indicate the
date of payment and amount paid. If payment is made by cash, these records must
make clear to both the employer and the personal domestic worker that payment
was made and received on said date.
(k) Adhere to post policy on payment of personal
domestic workers. When feasible and appropriate, post policy shall require
payment of salary by check or electronic fund transfer to a local bank account
in the name of the personal domestic worker.
(l) Ensure that employment contracts are written in
English, and, if the worker does not understand English, the contract must also
be written in a language s/he understands. The contract must be signed by both
the employer and the worker.
3 FAM 4128.2-2 Employees
Employing Locally Hired Personal Domestic Workers Abroad
(CT:PER-938; 02-25-2019)
(Applies to Executive Branch employees under Chief of Mission Authority)
a. All Executive Branch employees assigned abroad under
Chief of Mission authority who locally hire personal domestic workers to work
for more than 20 hours per week (who are either nationals of the receiving
state or otherwise authorized to work in that state) are required to have a
written contract with such workers that include all the required elements
below.
b. All employees who meet the criteria of 3 FAM 4128.2-2(a) are encouraged to keep contemporaneous
records of payment during and for up to 5 years after the termination of
employment, regardless of whether payment is made via electronic transfer, by
check, or in cash. Payment records must indicate date of payment and amount
paid. If payment is made by cash, these records must make clear to both the
employer and the personal domestic worker that payment was made and received on
said date.
c. Adhere to post policy on payment of personal
domestic workers. When feasible and appropriate, post policy shall require
payment of salary by check or electronic fund transfer to a local bank account
established in the name of the personal domestic worker.
d. Post management should ensure employees are aware of
the contractual requirements for personal domestic workers through check-in
procedures, management notices, and/or other appropriate means. Post
management may require submission of a signed declaration attesting to
compliance with local law, 3 FAM 4128, and
any applicable post policy, including post policy on the form of payment to
personal domestic workers when entering into an employment contract with
locally-hired personal domestic workers, and/or submission of copies of such
contracts.
e. All contracts with a locally hired personal domestic
worker must be in English. If the worker does not understand English, the
contract must also be written in a language s/he understands. The contract must
be signed by both the employer and the worker.
f. All employment contracts with a locally hired
personal domestic worker must be in accordance with local law, 3 FAM 4128, and
any applicable post policy, including post policy on the form of payment to
personal domestic workers. Contracts must include the following terms:
(1) Description of duties: The
contract must describe the work to be performed, e.g. housekeeping, gardening,
child care, etc.
(2) Hours of work: The
contract must state the time of the normal working hours and total number of
hours worked per week. A typical work week consists of 35 to 40 hours per
week. The contract must also provide the personal domestic worker with a
minimum of at least 1 full day off each week and reflect local law
requirements, if any, with regard to paid holidays, sick days, and vacation
days. If local law does not make one or more provisions for paid leave in these
circumstances, the contract must explicitly state whether such leave will be
provided and if so, on what terms.
(3) Wages: The contract
must state the hourly/weekly/monthly wage (prevailing or no less than minimum
rate) to be paid to the personal domestic worker and the frequency with which
the worker will be paid, which must be at least once every month. It must also
state that deductions (e.g., food, lodging, etc.) may not be taken from the
wages, except for deductions required by local law (e.g., social security) or
requested by the employee (such as repayment of a salary advance) or where such
deductions are allowed because the employee who provides lodging pays for the
lodging with personal funds. Employees living in no-cost government-provided
housing or in government-subsidized housing may not deduct lodging expenses
from wages, nor may they pay a reduced minimum wage for live-in domestic
workers, even if such deductions or such a rate is available under local law.
Deductions for lodging or payment of a reduced minimum wage for live-in
domestic workers where available under local law are permissible only for
employees who provide lodging for domestic workers in housing paid for with
personal funds. The contract must include a provision for severance and/or separation
payments on termination of employment, if required by local law.
(4) Overtime work: The
contract must state that any hours worked in excess of the normal working hours
are considered overtime. The contract should clearly state the rate for overtime
work. The rate for overtime must be at least as much as the hourly rate paid
for normal working hours and must be consistent with local law requirements.
Hours the personal domestic worker is required to stay in the residence because
he or she has to be on stand by are considered work/overtime hours and must
be paid as such. Where local law and contractual terms permit, the employer
may authorize compensatory time in lieu of overtime, provided the employee is
given sufficient opportunity to utilize compensatory time off that is earned.
(5) Living conditions: If the
domestic worker lives in the residence, the contract must reflect that the
employer is obligated to provide adequate and reasonable accommodations. This
will include at a minimum a private bed, access to a bathroom, kitchen
facilities, and proper food storage.
3 FAM 4128.3 Violations and
Penalties
(CT:PER-804; 02-01-2016)
(Applies to Executive Branch employees under Chief of Mission Authority)
a. Any abuse or mistreatment of a personal domestic
worker, including but not limited to activities which rise to the level of
human trafficking, whether such actions are undertaken by an employee,
dependent, or member of household is a matter of grave concern to the
Department. Employees engaging in such misconduct will be subject to
discipline up to and including removal from employment.
b. Allegations of abuse and/or mistreatment of a
personal domestic worker by U.S. Government employees assigned abroad under
Chief of Mission authority, family members, or members of household shall be
brought to the attention of post management, including the Regional Security
Officer. The Regional Security Officer, in coordination with the DS Office of
Special Investigations, will determine if there is sufficient basis for a
criminal or administrative misconduct investigation. If claims or allegations
are substantiated, employees engaging in such conduct may be subject to an
administrative penalty and/or referral to the Department of Justice for criminal prosecution for relevant offenses
potentially including trafficking in persons. Depending on the level of
immunities, individuals may be subject to local criminal prosecution and/or
civil suit.
c. Section 3271 of Title 18 of the United States Code
specifically extends the reach of federal trafficking statutes (including
forced labor) to the activities of U.S. employees and those who accompany them
abroad:
"Whoever, while employed by or accompanying the
Federal Government outside the United States, engages in conduct outside the
United States that would constitute an offense under chapter 117 of this
title [peonage, slavery, trafficking in persons] if the conduct had been
engaged in within the United States or within the special maritime and
territorial jurisdiction of the United States shall be punished as provided for
that offense.
d. No U.S. government employee or family member
accredited to a foreign government is protected from prosecution by U.S.
authorities because he or she may enjoy immunity in the state in which he or
she is assigned abroad.
3 FAM 4128.4 Sponsoring Domestic
Staff for Visas to Work in the United States
(CT:PER-804; 02-01-2016)
(Applies to Executive Branch employees under Chief of Mission Authority)
See 9 FAM 402.2.
3 FAM 4128.5 Sample Declaration of
Compliance
(CT:PER-804; 02-01-2016)
Declaration of Compliance with Local Law and 3 FAM 4128 for Employment of a Personal Domestic Worker
Enjoying Immigration Benefits
I, _________________, attest that I have read 3 FAM 4128 (Personal Domestic Worker Employment) and
understand that I am obligated to comply with the requirements set forth
therein. In particular, I have read the requirements set forth in 3 FAM 4128.2-1 that obligate USG employees under Chief of
Mission authority who bring personal domestic workers to post to enter into a
written contract with the domestic worker and ensure that the written contract
complies with both the FAM and local law.
I intend to bring/have already brought domestic worker to
post from abroad to be employed by me as a personal domestic worker. I
understand that the personal domestic worker is not an employee of the U.S.
Government or the mission, but is solely employed by me in my personal
capacity.
In compliance with 3 FAM 4128, I
and ________ [insert name of domestic worker have entered into a written
contract. I have independently reviewed both the written contract and the
relevant FAM provisions, and verify that the written contract is in full
compliance with all requirements of 3 FAM 4128. I
have also taken the necessary steps to ensure the contract is in accordance
with local law, including obtaining the advice of local legal counsel as
appropriate, and verify that the written contract is in full compliance with
local law. I further understand that I am required to exercise due diligence
to ensure that the written contract remains in compliance with both the FAM and
local law and is amended, consistent with local law, as may be required to
ensure continuing compliance.
By signing this declaration of compliance, I hereby certify,
to the best of my knowledge and belief, all the information provided by me is
true, correct, complete, and made in good faith.
Name: _(Type or
Print)____________________________________
Signature:
_________________________________________________
Executed on:_(Insert
Date)______________________________________
3 FAM 4129 Unassigned