3 FAM 8300
NEPOTISM
3 FAM 8310
GENERAL PROVISIONS
(CT:PER-917; 08-20-2018)
(Office of Origin: HR/OE)
3 FAM 8311 PURPOSE
(TL:PER-425; 10-18-2001)
(State Only)
(Applies to staff assigned/employed abroad)
a. It is the policy of the Department of State to:
(1) Ensure compliance with U.S. law to avoid nepotism
and the appearance of nepotism in all employment matters;
(2) Promote a family friendly workplace employing
family members abroad to the extent consistent with the law and good
management; and
(3) Affirm the role of the Chief of Mission in
ensuring compliance with these regulations.
b. This policy shall apply equally to all employees and
their household members regardless of position or type of employment method
(e.g., Foreign Service National (FSN), personal services agreement (PSA),
personal services contract (PSC), part-time or intermittent temporary
appointment (PIT), family member appointment (FMA)).
3 FAM 8312 GENERAL
(TL:PER-425; 10-18-2001)
(State Only)
(Applies to staff assigned/employed abroad)
a. An employee may not appoint, employ, promote,
advance, or advocate for appointment in or to a Department of State position,
any individual who is a household member of that employee. An individual shall
not be appointed, employed, promoted, or advanced in or to a Department of
State position if such appointment, employment, promotion, or advancement has
been advocated by an employee who is a member of the individuals household.
b. In many instances, an employee appointed, employed,
promoted, or advanced in violation of this subchapter is not entitled to pay,
and money may not be paid from the Department of Treasury as pay to an
individual so appointed, employed, promoted, or advanced.
3 FAM 8313 AUTHORITY
(CT:PER-917; 08-20-2018)
(State Only)
(Applies to staff assigned/employed abroad)
The following authorities are cited:
(1) 5 U.S.C. 3110;
(2) 5 CFR 310; and
(3) 5 CFR 2635.
3 FAM 8314 ROLE OF THE CHIEF OF MISSION
(TL:PER-425; 10-18-2001)
(State Only)
(Applies to staff assigned/employed abroad)
The chief of mission or his designee shall annually review
the circumstances of employment of each household member to ensure compliance
with these regulations. When it appears that nepotism or the appearance of
nepotism exists, it is incumbent upon the chief of mission to cause immediate
corrective action to be taken and to ensure that the situation is immediately
reported to the Director General of the Foreign Service and Director of Human
Resources.
3 FAM 8315 EMERGENCY WAIVER
(TL:PER-425; 10-18-2001)
(State Only)
(Applies to staff/assigned/employed abroad)
a. In extraordinary cases involving immediate threat to
human life or property, chiefs of mission may employ household members without
regard to these regulations for a period not to exceed 30 days. Such
employment of household members under this subchapter shall be immediately
reported to the appropriate bureau and the Office of Overseas Employment
(HR/OE) by cable or other expeditious means.
b. Employment under this subchapter may be extended for
a period not to exceed a total of 60 days by approval of the Director of HR/OE.
3 FAM 8316 HOUSEHOLD MEMBERS EMPLOYED
BY OTHER AGENCIES AND ORGANIZATIONS
(TL:PER-425; 10-18-2001)
(State Only)
(Applies to staff assigned/employed abroad)
The Department of State does not require an anti-nepotism
review of proposed or existing employment of household members by other
agencies or non-U.S. Government employers except when the employee is assigned
to post as an ambassador, chief of mission, deputy chief of mission, principal
officer, or deputy principal officer. Post must refer issues regarding
employment of household members by an agency other than the Department of
State, except as noted above, directly to the relevant agency for a nepotism
determination consistent with that agency's regulations. In cases involving
household members of the ambassador, chief of mission, deputy chief of mission,
principal officers or deputy principal officer, post must refer the matter to
HR/OE consistent with 3 FAH-1 H-8314.
3 FAM 8317 PROCEDURES AND GUIDELINES
(TL:PER-425; 10-18-2001)
(State Only)
(Applies to staff assigned/employed abroad)
Procedures and guidelines that implement this subchapter
are published in 3 FAH-1 H-8310.
3 FAM 8318 AND 8319 UNASSIGNED