12 FAM 300
PHYSICAL SECURITY PROGRAMS
12 FAM 310
PHYSICAL SECURITY OF FACILITIES
ABROAD
(CT:DS-223; 11-25-2014)
(Office of Origin: DS/C/PSP)
12 FAM 311 SCOPE AND AUTHORITY
12 FAM 311.1 Policy
(CT:DS-121; 09-21-2006)
This section implements the security responsibilities of
the Secretary under the Secure Embassy Construction and Counterterrorism Act of
1999 (SECCA) and the Omnibus Diplomatic Security and Antiterrorism Act of 1986.
12 FAM 311.2 Applicability
(CT:DS-223; 11-25-2014)
a. All United States
diplomatic facilities abroad, constructed or acquired after November 29, 1999,
must meet SECCAs 100-foot setback requirement, unless the requirement is
waived in accordance with the procedures under SECCA. In addition, when a new
United States diplomatic facility is constructed or acquired abroad, all United
States Government executive branch employees at the post (except those under
the command of a United States area military commander) will be located on the
site, unless the collocation requirement is waived in accordance with the
procedures under SECCA. U.S. Government executive branch employees include
U.S. citizens and Locally Employed Staff (LE Staff) employed via direct-hire
appointments, Personal Services Contracts (PSCs), or Personal Services
Agreements (PSAs) (2 FAH-2 H-114).
b. Security standards and
policies published in 12 FAM Diplomatic Security, 12 FAH-5 Physical Security
Handbook, and 12 FAH-6 Overseas Security Policy Board (OSPB) Security Standards
and Policy Handbook apply to all facilities owned or leased by the USG and
occupied by USG personnel under COM authority. This includes all new embassy
compounds (NECs), new office buildings (NOBs), newly acquired buildings (NABs),
and existing office buildings (EOBs). For EOBs only, the physical
security standards apply to the maximum extent feasible or practicable as
defined in 12
FAH-5 H-121.1.
c. These statutory requirements and standards apply to
these facilities, whether acquired or constructed for temporary, interim, or permanent
occupancy.
12 FAM 311.3 Authorities
(CT:DS-223; 11-25-2014)
a. Omnibus Diplomatic Security and Antiterrorism Act of
1986 (Public Law 99-399;) (22 U.S.C. 4801, et seq.).
b. Secure Embassy Construction and Counterterrorism Act
of 1999 (Public Law 106-113; 22 U.S.C. 4865) with
an effective date of November 29, 1999, and Conference Report 106-479.
c. Foreign Relations Authorization Act, Fiscal Year
2003 (Public Law 107-228), Section 505 (22 U.S.C. 3927, as amended) (Exemption
of Voice of America Correspondents on Official Assignment from Responsibilities
of the Secretary and Chief of Mission).
d. Section 691 (Public Law 107-228) Sense of Congress
Regarding the Location of Peace Corps Offices Abroad.
e. Presidents Letter of
Instruction to the Chief of Mission
12 FAM 312 PROGRAM MANAGEMENT
RESPONSIBILITIES
(CT:DS-223; 11-25-2014)
a. The Presidents
Letter to each COM at the beginning of an administration or when appointed states that each COM is directly responsible for
the missions security (1 FAM 013; 2 FAH-2
H-112.3).
b. The Office of Physical Security Programs, Physical
Security Division (DS/PSP/PSD) ensures that
all new construction and major renovation design plans comply with SECCA
requirements and OSPB physical security standards when applicable.
c. Where applicable, the
Bureau of Overseas Buildings Operations (OBO) incorporates SECCA requirements and OSPB
security standards and policies into building projects (1 FAM 281).
12 FAM 313 SECURE EMBASSY CONSTRUCTION
AND COUNTERTERRORISM ACT (SECCA)
(CT:DS-223; 11-25-2014)
a. SECCA establishes statutory collocation and setback requirements for U.S.
diplomatic facilities abroad:
(1) Collocation: The Department, in selecting a site
for any new U.S. diplomatic facility abroad, must collocate all U.S. Government
personnel at the post (except those under the command of an area military
commander) on the site; and
(2) Setback: Each newly acquired U.S. diplomatic
facility must be sited not less than 100 feet (30.48 m) from the perimeter of
the property on which the facility is to be situated.
b. For purposes of
the application of SECCA, a U.S. diplomatic facility is any chancery,
consulate, or other office notified to the host government as diplomatic or
consular premises in accordance with the Vienna Conventions on Diplomatic and
Consular Relations, or otherwise subject
to a publicly available bilateral agreement with the host government (contained in the records of the United States
Department of State) that recognizes the official status of U.S.
Government personnel present at the
facility.
c. Normally, under the parameters of this definition,
certain types of facilities are excluded:
(1) Offices occupied by U.S. Government personnel at
facilities owned and operated by the host-country government to accomplish
their mission, e.g., U.S. military training, anti-terrorism assistance
training; sales support and liaison offices collocated with host-country
ministries or military units; protective service missions for foreign
government heads of state; and U.S. Treasury personnel working in a host nation
Ministry of Finance;
(2) Commercial office space or hotel rooms rented for
temporarily assigned U.S. Government personnel supporting a short-term
international conference or meeting;
(3) U.S. Customs and
Border Protection pre-clearance centers (CBP)
and Open Source Centers (OSC);
(4) Construction
facilities on areas of new construction, unless and until the site is notified
to the host government as diplomatic or consular premises in accordance with
the Vienna Conventions;
(5) Facilities occupied by Peace Corps volunteers but
not country directors and staff;
(6) Residential facilities or spaces;
(7) Warehouses (storage only), garages, guard booths, Compound Access Control (CAC) buildings, and
other non-office facilities;
(8) Consular agencies and Centers for Disease Control and Prevention (CDC) research laboratory
facilities operating from non-U.S. Government-leased spaces;
(9) Non-U.S. Governmental organizations leasing U.S.
Government facilities;
(10) Voice of America (VOA) relay stations (exempted from collocation requirement only); and
(11) VOA
Correspondents on official assignment.
12 FAM 314 OSPB SECURITY STANDARDS
(CT:DS-223; 11-25-2014)
a. The Office of
Physical Security Programs (DS/C/PSP) in concert with OSPB working groups
developed and is responsible for a number of security standards, as approved by
the OSPB, for four of five threat categories terrorism, political violence, technical, and
crime. (Those involving technical threat
are a shared responsibility with the Office of Security Technology (DS/C/ST). These
standards cover Armored Vehicles; Classified Facility Lock and Leave;
Construction Security; Construction Materials and Transit Security; Design and
Construction of Controlled Access Areas (CAAs); Physical
Security of Unclassified Warehouses; Post Communications Centers; Physical
Security of Public Office Facilities; On-compound
residences; Secure Procurement for CAAs;
and Special Protective Equipment. OSPB security standards for Local Guard Force (LGF) programs, Residential Security, and Emergency Plans and Exercises, are
the responsibility of the International Programs Directorate
(DS/IP). OSPB security standards involving
technical measures to counter human intelligence and other technical
threats are the responsibility of DS/C/ST. The standards
above are covered in 12 FAH-6.
b. The Office of Intelligence and Threat Analysis (DS/TIA/ITA) reviews and updates the Security
Environment Threat List (SETL) every six months
and publishes updates on at least an annual basis to reflect the level
of threat in each of the five threat
categories (12
FAH-6 H-012).
12 FAM 315 WAIVERS AND EXCEPTIONS
12 FAM 315.1 SECCA Waiver
Authority
(CT:DS-223; 11-25-2014)
a. The Secretary may waive the statutory collocation
requirement only if the Secretary, together with the head of each agency
employing personnel that would not be located at the site, determine that security considerations permit separate locations and it is in the national
interest of the United States.
b. The Secretary may
waive the setback requirement if the Secretary determines that security
considerations permit and it is in the national interest of the United States.
c. The Secretary may not delegate the waiver authority
for the collocation and setback
requirements with respect to a chancery or
consulate building. For this purpose, a chancery or consulate building is a
building solely or substantially occupied by the U.S. Government that is newly
constructed or otherwise acquired where the main business of the U.S.
Government is performed in that city.
d. The Secretary has delegated the waiver authority of the collocation and setback requirements with respect to U.S. diplomatic facilities other
than chancery or consulate buildings
(as those terms are defined under the statute) to the Assistant
Secretary for Diplomatic Security (A/S DS), in
consultation with the OBO Director.
e. Direct applications
for waivers of collocation and
setback requirements to DS/PSP/PSD for
processing and evaluation, prior to being forwarded to the Assistant Secretary
for approval or recommendation to the Secretary. Waiver requests must contain
all of the information stipulated in 12 FAH-5 H-300.
12 FAM 315.2 OSPB Security
Standards Exception Authority
(CT:DS-223; 11-25-2014)
a. New facilities must
meet all OSPB security standards whether constructed or acquired by
purchase or lease. Every attempt must be
made to acquire sites or new facilities that meet,
or can be upgraded to meet, physical security standards. With the exception of facilities meeting the tenant of
commercial office building standard, facilities should be noncontiguous
with adjacent buildings and have sufficient floor
loading capacity to support security upgrades. If compliance with one
or more standards of those identified in 12 FAM 314(a) is not
possible for a specific building, the post, agency, or Department organization must apply for an exception to the standard(s). Direct
applications for exceptions to DS/PSP/PSD for
processing and evaluation prior to being forwarded to the Assistant Secretary
for Diplomatic Security(A/S DS). Exception
requests must contain all of the information stipulated in 12 FAH-5 H-200.
b. Regional Security Officers (RSOs) must ensure that EOBs
meet physical security standards to the maximum extent practicable or
feasible. Feasibility is determined by physical limitations, legal
constraints, and practicality (see 12 FAH-5
H-121.1). This includes
agency-specific applications of those standards as defined by agreements
approved by the Assistant Secretary for Diplomatic Security(A/S DS). Although exception requests are not
required when physical security standards cannot be met due to physical
limitations, legal constraints, or practicality, the
RSO must obtain documentation pertaining to the inability to institute a
particular standard and furnish copies to the
Office of International Programs and the Physical Security Division DS/IP or DS/HTP and DS/PSP/PSD.
c. At least once every three
years or upon the acquisition of a new facility, major renovation, or major security upgrade,
RSOs must conduct physical security surveys of their post facilities to
determine if such facilities within their regions meet the standards as
required, and identify deficiencies requiring correction.
12 FAM 315.3 Compliance Prior to Occupancy
(CT:DS-223; 11-25-2014)
a. If the applicable requirements and standards cannot be met at
a facility, occupancy of the facility is prohibited until appropriate waivers
and exceptions are requested and approved by the A/S for DS and/or the
Secretary (12
FAM 315).
b. New chancery and
consulate offices within commercial and other facilities must meet
collocation and 100-foot (30.48 m) setback statutory requirements and OSPB physical security standards for a chancery or consulate in accordance with 12
FAH-6.
c. American Presence Posts, do not perform the same
tasks as chanceries or consulates and are
intended to operate with one or two American employees
with very few associated local employees (2 FAM 133.2). These facilities are best suited for
location in a commercial building as a Tenant of Commercial Office Space for
OSPB physical security standards purposes. SECCA
applies to these facilities.
12 FAM 315.4 Chief of
Mission/Principal Officer Approval
(CT:DS-223; 11-25-2014)
Unless an interagency
agreement provides otherwise, the COM or principal officer (PO) is ultimately responsible for the physical
security of U.S. Government executive branch
personnel in a country (except those under the command of a U.S. area military
commander, on the staff of an international organization, or VOA correspondents
on official assignment) and their accompanying dependents at post and must approve waiver or exception requests.
12 FAM 315.5 Congressional
Notification and Reporting Requirements
(CT:DS-223; 11-25-2014)
a. The Secretary must notify the appropriate
congressional committees in writing of any waiver with respect to a chancery or
consulate building and the reasons for the determination, not less than 15 days
prior to implementing a statutory collocation or setback waiver.
b. By March 15,
the Department must submit to Congress the annual
report of all collocation and setback waivers granted under SECCA. The Secretary has delegated the responsibility
for preparing and submitting the annual
report of waivers to the Assistant Secretary for Diplomatic Security A/S DS. DS must submit this report, including
transmittal letters to Congress, to the Under Secretary for Political Affairs (P), who has been delegated the function to approve submission of reports to the Congress
by the Secretary (Delegation of Authority No. 280).
12 FAM 316 NEC/NCC SECURITY site selection CRITERIA
12 FAM
316.1 Policy
(CT:DS-223; 11-25-2014)
a. The site selection
effort for a new embassy or consulate compound is a critical element in establishing
a successful security program for the facility. Evaluation teams must
determine whether certain physical features or conditions exist at a site that
impacts its viability as an NEC/NCC site.
b. Timely selection of
sites is vital to improving the security of our missions. Security site
selection criteria assist evaluation teams in evaluating new NEC/NCC sites. Therefore,
excluding all sites, based on the criteria, is not a desirable option and it is
the teams task to identify at least one site for recommendation as a preferred
site, and one as a back-up site with proposed mitigation solutions if
necessary.
c. The site selection
for a new embassy or consulate has practical and symbolic implications. The
Department is committed to selecting sites that ensure the safety of the
mission, enhance the conduct of U.S. foreign policy, and best represent the
U.S. Government and American values. See 15 FAM 470 for a list of the Departments goals in the site
selection process, as well as the multi-step process to ensure compliance of
selected sites.
12 FAM
316.2 Security Site Selection
Criteria
(CT:DS-223; 11-25-2014)
a. Security criteria:
(1) Access: To enhance
emergency response, life safety and procedural security, a minimum of two
noncontiguous access points for entry/exit to streets for vehicles as they
enter or exit the embassy or consulate compound is required. Both streets
should allow bi-directional options for vehicles. However, at least one street
must provide bi-directional travel. Each access point must be capable of
serving as an alternate route to/from the embassy or consulate compound. The
secondary access point can be an existing roadway, or an ingress/egress path
obtained through a lease, easement, or right-of-way under U.S. government
control. Sites that cannot be served by at least two suitable routes for
ingress/egress by the completion of the new embassy or consulate project will
generally not be considered for acquisition. Proposed remedies must be
documented and approved by DS prior to site acquisition;
(2) Transportation adjacencies:
Sites adjacent to elevated roadways, waterways with active watercraft traffic,
active rail lines, or sites within one mile of an airport's property boundary,
will generally not be considered for acquisition;
(3) Neighborhood risks:
Sites in proximity to areas with high crime, gang activity, terrorist activity,
military, or similar activity that pose high levels of risk for mission
personnel, will generally not be considered for acquisition;
(4) Unacceptable neighbors:
Adjacent properties occupied by unacceptable neighbors defined as state
security, intelligence, police, shooting ranges, large commercial shopping,
heavy industrial processing and storage facilities, or similar facilities, will
generally not be considered for acquisition; and
(5) Crowd potential:
Sites in proximity to facilities designed for use by very large crowds (sports
stadiums, entertainment arenas, or public parks known for their potential to
attract large crowds), will generally not be considered for acquisition.
b. Opportunities for mitigation:
To the extent security criteria cannot be met, mitigating solutions must be
developed prior to site acquisition. These solutions must respond to the
unique security and functional requirements of each site. They may include
increased setback, enhanced physical security features, additional egress,
visual screens or other site specific measures. The proposed mitigation
program must be in writing and approved by DS prior to site acquisition.
12 FAM 317 THROUGH 319 UNASSIGNED